HealthChange Terms & Conditions

Effective date: September, 2024

Overview

All courses and products on the online learning platform are owned and operated by Caroline Bills & Associates Pty Ltd, ABN 25671867824 trading as HealthChange Associates (HCA, “we’’, ‘’our’’, or ‘’us’’).

Please read these Terms and Conditions (‘Terms’) carefully before you purchase or otherwise access our online courses or program. These Terms govern your access to and participation in the Product.

We reserve the right to modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to initial use as well as periodically throughout your use of our Program. If at any time you choose not to accept these Terms, you should discontinue your use of our Program.

By continuing to access the Product, you are deemed to accept any future amendments to these Terms. If you are uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.

The word ‘’Product” refers to any course or program purchased.

Access Conditions

You may apply to access the Product by completing the application form on our Site (‘Site‘) and paying the Fee via Kajabi payments. You agree to provide accurate, current and complete information about yourself as requested or directed, and to promptly update this information to maintain its accuracy if requested. We have the right to suspend or terminate your participation in the Program if we suspect that such information is inaccurate or incomplete. We also reserve the right to deny your product application for any reason.

To access the product, you may be required to create an account. In doing so, you must provide accurate information, including your name, your business name (if applicable), address, a valid email address and contact number. You must also be at least 18 years old. You agree to update this information if and when it changes. You are solely responsible for the activity that occurs on your account, so please keep your account password secure.

By accessing the Product, you:

Will have access for 365 days
Acknowledge that you have read, and agree to comply with and be legally bound by, these Terms; and
Warrant that you are over 18 years old and have the legal capacity to enter into a binding contract.

You will be issued a login allowing you to access the specific Training Product for a specified period. We will provide you with 7 days’ notice should we plan to discontinue the Program.

By using this login, you agree that you will not:

Provide or assing your login to anyone else, or allow your login to be used by anyone else without prior written approval from Caroline Bills, HealthChange Associates
copy the Training Materials or Documentation except where such copying is incidental or necessary for the purposes of completing the relevant Training Course;
rent, lease, sub-license, loan, translate, merge, adapt, vary, or modify the Training Materials or Documentation;
alter, or modify, the whole or any part of the Training Materials or Documentation, nor permit the Training Materials or any part of them to be combined with, or become incorporated into, any other materials without prior written approval from Caroline Bills, HealthChange Associates;
provide or otherwise make available the Training Materials or Documentation in whole or in part, in any form to any person without prior written consent from Caroline Bills, HealthChange Associates.

It is not permitted to use any of the materials provided in order to train others (whether for profit or otherwise). Completion of HealthChange® Online training courses does not qualify you to train others in HealthChange® Methodology unless you are a participant in organisational capacity building programs by HealthChange Associates.

You agree to the HealthChange® teleconferences being recorded for training and quality purposes.

Fees

Fees are payable in full upfront for the selected period. Where you fail to make payment or payment is declined for any reason, you must provide a new eligible method of payment immediately or we may suspend or revoke your access to the Product.

Refunds & Cancellations

Fees are non-refundable except as required by law or at our sole discretion. We do not provide refunds simply because your situation has changed or you have changed your mind.

If you would like to cancel your Product, you may do so at any time by providing us with 7 days’ notice. Then we will be able to remove you from the program if you so choose to. However a refund would not be issued in this case either.

Entitlements

Your Product may, or may not, include the following:

Live Teleconference or Webinar Sessions
Resource Library
Templates
1:1 Coaching sessions

If a Force Majeure event of any kind requires that any Entitlements be delayed, they will either take place in a different allowable format or be rescheduled. You will not be entitled to any compensation for Entitlements that are unable to proceed due to a Force Majeure event.

From time to time, we may also provide you with certain benefits, such as products, programs or workshops, which may be provided by third parties. We do not offer any guarantees regarding these benefits, including their accuracy or quality, the duration for which they are available or that they are suitable for your purposes.

During the Product, you may be invited to participate in the online Community Portal. In order to be admitted and retain access to the portal, you will be required to comply with our Guidelines, including the rules provided by the hosting platform. If you breach the Community Guidelines or rules of the online portal, your access to the portal could be revoked and, depending on the severity of the breach, your access to the Product may also be terminated.

We reserve the right to cease operating any associated online Portal with 7 days' notice to you.

During the Program, you will be invited to participate in the online Cohort Portal. In order to be admitted and retain access to the portal, you will be required to comply with our Community Guidelines, including the rules provided by the hosting platform. If you breach the Community Guidelines or rules of the online portal, your access to the portal could be revoked and, depending on the severity of the breach, your access to the Program may also be terminated.

We reserve the right to cease operating any associated online Cohort Portal with 7 days’ notice to you.

Complaints

We are committed to your enjoyment of and satisfaction with the Product. Should you have any concerns or be dissatisfied in any way, please contact us via our Contact Form and include:

your name;
the email address you used to apply for the Product;
details of your concern or complaint;
details of what you would like us to do to resolve the matter; and
copies of any relevant correspondence.

We will acknowledge your complaint within 3 business days and aim to resolve it within 14 business days. If we are unable to do so, we will provide an explanation accordingly.

You agree not to engage in any behaviour, in public or in private, that is negative or derogatory towards us, and we agree to the same. This includes (but is not limited to) communications with third parties or posting on social media.

Where a dispute cannot be resolved, it will be submitted for mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. Should the dispute be unable to be resolved at mediation, you agree to submit to the exclusive jurisdiction of the courts of the State or Territory where we are located.

Disclaimer - Medical Advice

All content found on this Website and in all Course Materials, including: text, images, video, audio, or other formats were created for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read, seen or heard on this Website or in our Course Materials.

Copyright & Intellectual Property Rights

All content is copyright © HealthChange Associates unless otherwise stated. This includes, but is not limited to: all text, images, graphics, audio commentary, visual presentations, recordings, and any course-related files. Material cannot be copied, reproduced or distributed in any form without prior written consent. All material provided and presented during training is for the sole use of the company, and/or individual.

If you infringe our Intellectual Property Rights, we reserve the right to terminate your access to the Program and the Materials without refund and pursue legal remedies.

For any intellectual property that you provide us with through the Program (‘Member Content’), you warrant that you are the owner of this intellectual property and indemnify us against any claim made by a third party arising out of any breach of intellectual property rights from our use of the Member Content (including distribution for promotional purposes). By participating in the Program, you grant us a non-exclusive, irrevocable, royalty-free, perpetual licence to use and reproduce your Member Content at our discretion.

Program Promotion

Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.

You acknowledge that part of your Product may include group photos or recordings (in digital, audio and/or video format) your participation in the Program, where you may feature prominently. These digital assets are both for the purposes of providing the Program and for us to use in our promotional material to market the Program. You consent to our use of these photos and recordings without restriction, including but not limited to our ability to modify, publish, reproduce or distribute them at our discretion. You are welcome to have your camera off in live sessions if you'd like to not be involved.

Termination

We reserve the right to terminate your access to the Program with immediate effect if:

you do not pay the Program Fees when due;
you infringe our Intellectual Property Rights;
you engage in conduct that is injurious or potentially harmful to our reputation;
you disclose Confidential Information without consent;
your actions are contrary to our interests;
we consider that mutual trust and/or confidence no longer exists; or
you fail to comply with any of the other provisions of these Terms or otherwise breach any undertaking, warranty or obligation under these Terms.
you violate our Community Guidelines

If we terminate your access to the Program, we may, at our sole discretion, refund any prorated balance of the Program Fee already paid by you.

Confidentiality

You agree to respect our privacy and confidential information, which includes information relating to our business, finances, operations, marketing strategy, administration, technology, clients, customers, employees, contractors or suppliers, along with our intellectual property and other information relating to trade secrets, know-how, systems and processes. Accordingly, unless you have our prior written consent, you will keep any information we choose to share confidential. This also applies to the privacy and confidential information of other Members. We will not disclose any information you provide except as set out in these Terms.

However, these obligations of confidentiality do not apply to any disclosure that:

is for the purpose of performing the Terms or exercising a party’s right under the Terms;
is required by Applicable Law; or
relates to Confidential Information that is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction or breach of any obligation of confidence.

Prohibited Use

In addition to any other prohibitions, you must not under any circumstances access or otherwise use the product or its content:

for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, or state regulations, rules, laws, or local ordinances;
to attempt to change, remove, or otherwise interfere with the Program or any of its Materials;
to infringe upon any other person's proprietary rights; or
to send any unsolicited advertising or promotional material, commonly referred to as 'spam'.

Warranty

No warranties or guarantees are made in any of the material. By using any of the material provided you accept all liability for your actions. Except for the express representations and warranties stated in this agreement, HealthChange Associates makes no warranties whatsoever. HealthChange Associates explicitly disclaims any other warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable to the product or services.

Indemnification/Liability

The products and services of HealthChange Associates are sold “as is”. In all circumstances, the maximum liability of HealthChange Associates, its directors, employees, agents and affiliates, to client for damages for any and all causes whatsoever, and client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the charges paid in respect to product or service, provided suitable notice of any such claim in made within 30 days to HealthChange Associates. In no event shall HealthChange Associates be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the products or materials or services provided by HealthChange Associates, even if HealthChange Associates has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.

Electronic Signature

These Terms will become binding when you agree to these Terms, including by clicking 'I consent' or 'I agree' or similar, or by purchasing and/or commencing the product.

Validity

Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under Applicable Law, but if any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.

Governing Law & Jurisdiction

The performance and enforcement of these Terms will accord with the laws in force in the State or Territory in Australia where we are located as indicated on our Site. You agree to submit to the exclusive jurisdiction of the courts in that jurisdiction

We may update or vary these Terms and Conditions at any time.

You will be liable for all outstanding payments, including any costs incurred by us trying to recoup the outstanding Fees such as debt collection agency costs, including any legal costs on any Fees that remain outstanding.

Contact Us

If you have any questions, concerns or complaints about these Terms & Conditions, please contact us:

By email: Caroline Bills, [email protected]
By mail: 7/15 Liardet St, Port Melbourne, 3207