Online Program Terms and Conditions

Thank you for choosing a program by Jennifer Kemp.

These Program Terms and Conditions govern your purchase and use of the programs outlined below (Terms and Conditions).

By clicking “accept” and proceeding with your purchase, you agree to these Terms and Conditions.

1. Website and Program/s

   1. The website www.jenniferkemp.com.au (Website) is operated by Jennifer Kemp (ABN: 94 289 872 717) of 271 The Parade, Beulah Park, SA 5067 (Jennifer Kemp).
   2. The Website provides you with an opportunity to browse and purchase online training programs and/or coaching programs that are made available for purchase from time to time (Program/s). The Programs are offered for psychoeducational training and professional development purposes only and do not provide any accreditation, professional licence, or qualification upon completion. The Programs do not constitute professional psychological services, clinical treatment, or therapeutic intervention.
   3. The Programs are developed and offered by Jennifer Kemp, who is a registered clinical psychologist with the Psychology Board of Australia. However, the Programs are not offered as a psychological service, do not constitute clinical psychology services, and are offered for coaching and/or training purposes only. Participation in the Programs does not create a psychologist-client relationship.
   4. You have agreed to purchase a Program through the Website.
   5. These Terms and Conditions are to be read in conjunction with the payment page (Payment Page) and applicable Program information page (Information Page) of the Website.

2. Acceptance of the Terms and Conditions

   You accept the Terms and Conditions by clicking to accept or agree to these Terms and Conditions and by proceeding with your purchase.

3. Personal Information

   1. When purchasing a Program, you will be required to provide personal information such as your full name, address, password and e-mail address.
   2. You agree that all details you provide in completing the purchase will be true and correct.
   3. Your personal information is kept in accordance with the Jennifer Kemp Privacy Policy (Privacy Policy) which is available on the Website.

4. Registration to purchase a Program

   1. In order to access and purchase a Program you will be required to register as a user of the Website. As part of the registration process you will be required to provide personal information about yourself (such as identification or contact details), including (but not limited to) your name, country location, email address and ABN.
   2. You warrant that any information you give to Jennifer Kemp when completing the registration process will always be accurate, correct and up to date.
   3. Once you have completed the registration process, you will be a registered member of the Website
      (Member) and agree to be bound by these Terms and Conditions.
   4. You may not purchase a Program and may not accept the Terms and Conditions if: (a) you are not of legal age to form a binding contract with Jennifer Kemp (being 18 years of age or older in South Australia); or (b) you are currently a client of Jennifer Kemp in her capacity as a clinical psychologist; or (c) you have been a client of Jennifer Kemp in her capacity as a clinical psychologist within the previous 12 months.
   5. Please note that if you purchase a Program, you will not be eligible to be accepted as a client of Jennifer Kemp in her capacity as a clinical psychologist for a period of at least 6 months from your completion of the relevant Program/s. This restriction is in place to maintain appropriate professional boundaries and avoid dual relationships as required by professional ethical standards.

5. Purchase of Program/s

   1. When purchasing a Program through the Website, you will agree to the payment of the purchase price listed on the Website for the applicable Program (Purchase Price).
   2. Subject to your rights under the Australian Consumer Law, all purchases are non-refundable and non-transferrable. Please carefully consider your purchase before proceeding, as refunds will only be provided where required by law (such as for major failures as defined in the Australian Consumer Law).
   3. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).
   4. In purchasing a Program, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Gateway Providers.
   5. You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.
   6. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
   7. In the event that you are making payment under a payment plan, and any payment under the Terms and Conditions is not made in full on the due date, Jennifer Kemp is entitled to charge you interest at the rate of 5% per annum (calculated daily and compounding monthly on the outstanding amount from the due date until payment is received in full), provided that Jennifer Kemp has first provided you with written notice of the overdue payment and at least 14 days to remedy the default.
   8. You agree that if you default on any payments due and payable under the Terms and Conditions, including missing a payment, having a payment declined or removing your payment details from the relevant platform, Jennifer Kemp may, after providing you with written notice and a reasonable opportunity to remedy the default (being at least 7 days), suspend your access to the Program until all outstanding amounts have been paid, at which time access to the Program will be reinstated. You agree that any reasonable costs incurred by Jennifer Kemp for steps taken to enforce payment terms will be recoverable and payable by you.
   9. Program participation cannot be transferred or assigned to another person.

6. Delivery of Program and Licence Information

   1. Each Program purchase grants to you access to the Program through the member platform used by Jennifer Kemp from time to time (Member Portal).
   2. Unless otherwise agreed in writing with Jennifer Kemp, when you purchase a Program through the Website, Jennifer Kemp grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Program and any related software, content, equipment or other materials for your specific, non-commercial use only (Licence).
   3. Jennifer Kemp consents to you implementing and using templates contained within the Program materials for your personal use. For the sake of clarity, this consent does not extend to you using the Program material to teach others the Program content, or for you to create similar Programs.
   4. Unless otherwise stated on the Information Page for the relevant Program, the Licence is valid for the Program term outlined in the Program information page of the relevant Program (Licence Term). This means the Program will be viewable via the Member Portal for the Licence Term only. After this time the Program will expire, and you will no longer be able to access the Program.
   5. Each Program is intended for use by the registered participant only and is not to be shared with any other person or persons. Please don’t share your login details with anyone else.

7. Cancellation and Program Refunds

   1. If you don’t wish to continue working through a Program, please be mindful that the Programs are non-refundable. This means that if you no longer wish to continue, the Fees are non-refundable, and, where applicable, any unpaid Fees are due and payable. This is due to the nature of the Programs and the fact that you have access to the Program materials and Jennifer Kemp’s intellectual property from the commencement date.  You acknowledge and agree that you are receiving considerable value upon registering for the Program/s that extends beyond group coaching sessions, where applicable.  This means that if you choose not to engage with the Program you purchase, you will not be entitled to a refund.
   2. For the sake of clarity, if you have chosen to pay through a payment plan and you choose not to continue with the Program early, Jennifer Kemp reserves the right to collect all outstanding amounts of the Fees by charging your method of payment via your third-party payment plan provider.

8. Group Program

   1. If a Program includes a group component, as a participant in a group Program (Participant), you expressly agree that you will not, through any means:
      1. harm, harass, hassle or abuse other Participants; or
      2. send un-welcomed communication such as spam to other Participants; or
      3. act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
      4. infringe the intellectual property or privacy rights of any Participant or any third-party.
   2. Jennifer Kemp, at its discretion, reserves the right to remove, edit or alter any content created by you or in the Member Portal or any other platform utilised in the delivery of the Programs.
   3. As a Participant, during your involvement in a Program, you agree and undertake to respect other participants and to hold any and all information shared by other participants as confidential and sensitive. Under no circumstances are you authorised or permitted to record or share information shared by another participant in any way without the prior written consent of the participant.
   4. Jennifer Kemp retains the right to deny you access to the Programs at any time for breach of these Terms and Conditions.
   5. You understand and acknowledge and agree that Jennifer Kemp may record group coaching sessions, and these will be made available in the Member Portal for a fixed period. All recordings will expire for privacy reasons, and once they expire, you will no longer have access to any recordings.
   6. Please do not share personal details or client-identifying information in group sessions, as these may be recorded as outlined above.
   7. Where Jennifer Kemp records group coaching sessions, you acknowledge and agree that Jennifer Kemp may repurpose snippets of content for its own purposes, and any such snippets will only contain Jennifer Kemp and will not contain any Participant or Participant details.

9. Warranty

   1. Jennifer Kemp will use her best efforts and take all reasonable steps to help you achieve the desired results. However, Jennifer Kemp makes no warranty that the Program/s will meet your requirements or that all Participants will achieve the same results.
   2. The Programs come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a Program, you are entitled to cancel your contract with Jennifer Kemp and are entitled to a refund for the unused portion. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

10. Disclaimer

    1. You understand and acknowledge that the Program/s are offered for professional education purposes only and do not provide any accreditation or professional licence upon completion. The Programs are developed and offered by Jennifer Kemp, who is a registered clinical psychologist. However, the Programs are not offered as a psychological service and are offered for coaching and/or training purposes only.
    2. You acknowledge that you may not purchase a Program if you are a client of Jennifer Kemp in her capacity as a clinical psychologist, and that if you purchase a Program, you will not be eligible to be accepted as a client of Jennifer Kemp in her capacity as a clinical psychologist for a period of at least 6 months from your completion of the relevant Program/s.
    3. You are solely responsible for creating and implementing your own decisions, choices, actions and results arising out of or resulting from the Program/s and your group sessions and interactions with Jennifer Kemp. As such, you agree that Jennifer Kemp is not and will not be liable or responsible for any actions or inaction, including effects on your business, personal life or career, or for any direct or indirect result of any Programs provided by Jennifer Kemp.
    4. You understand that the Program/s, and any information you receive through your involvement in the Program/s, or through any materials and documents provided to you, are not a substitute for therapy and
       do not constitute a therapeutic relationship.

11. Liability and waivers

    1. Liability
       1. Jennifer Kemp’s total liability arising out of or in connection with the Services or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you
       2. To the extent permitted by law, you expressly understand and agree that Jennifer Kemp, its affiliates, employees, agents, contributors and licensors will not be liable to you for any indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This will include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. Nothing in this clause excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.
    2. Waivers
       1. A waiver of any right, power or remedy under these Terms and Conditions must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
       2. The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms and Conditions does not amount to a waiver.

12. Disclosure and Use of Confidential Information

    1. Confidential information means any information that is personal or clinical in nature, contains intimate details, or is sensitive and that is not in the public domain, and is confidential by nature, stipulated as confidential or any other information that would be reasonably considered to be confidential due to the value of the information (Confidential Information).
    2. All obligations of confidence set out in these Terms and Conditions continue in full force and effect after completion of services.
    3. Jennifer Kemp must not disclose any Confidential Information to any third party without your prior consent.
    4. These Terms and Conditions prohibit the disclosure of Confidential Information by Jennifer Kemp, with exception to the following circumstances:
       1. the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with these Terms and Conditions and you have consented to the disclosure of such information to the professional adviser;
       2. the disclosure is required by applicable law or regulation, including where personal safety concerns are held by Jennifer Kemp; or
       3. if the confidential information is already in the public domain at no fault of Jennifer Kemp.

13. Copyright and Intellectual Property Rights

    1. You agree that any works, documentation, materials, Program content, creative works or information of whatever nature produced or developed by Jennifer Kemp in respect of the Program/s (Intellectual Property) will remain the sole and complete property of Jennifer Kemp.
    2. There is no assignment of Intellectual Property rights by Jennifer Kemp to you pursuant to these Terms and Conditions.
    3. Nothing in these Terms and Conditions affects the moral rights in any works, items, materials or information supplied pursuant to these Terms and Conditions.
    4. You are not permitted to share, translate, distribute or repurpose Jennifer Kemp’s Intellectual Property, without the prior written consent of Jennifer Kemp.

14. Dispute Resolution & Mediation

    If a dispute arises out of or relates to the terms of these Terms and Conditions, either party may not commence any legal proceedings in relation to the dispute (except for urgent interlocutory relief), unless they attempt to resolve the disagreement through an appropriate mediator to be appointed by an independent third party as agreed and attend a mediation.

15. Force Majeure

    1. If circumstances beyond Jennifer Kemp’s control prevent or hinder its provision of the Services, Jennifer Kemp is free from any obligation to provide the Services while those circumstances continue. Jennifer Kemp may elect to terminate these Terms and conditions or keep these Terms and Conditions current until such circumstances have ceased.
    2. Circumstances beyond Jennifer Kemp’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
    3. For the sake of clarity, if in Jennifer Kemp’s reasonable opinion, the provision of the Services will be affected by a pandemic, Jennifer Kemp may suspend the provision of the Services in part or in whole to you indefinitely. Additionally, Jennifer Kemp will not be liable for any losses or damage due to a pandemic. If you choose to terminate an agreement due to a pandemic, the relevant cancellation or termination clause will apply.

16. Indemnification

    You hereby indemnify and agree to keep indemnified Jennifer Kemp against all liability, losses or expenses you incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright.

17. Marketing

    You agree that any testimonials that may be provided by you from time to time may be used by Jennifer Kemp for marketing purposes, subject to Jennifer Kemp obtaining your express consent before doing so.

18. Governing Law & Jurisdiction

    These Terms and Conditions are governed by the laws of South Australia. In the event of any dispute arising out of or in relation to these Terms and Conditions, the parties agree that the exclusive venue for resolving any dispute will be in the courts of South Australia.

19. No partnership or agency

    Nothing contained or implied in these Terms and Conditions will create or constitute, or be deemed to create or constitute, a partnership between the parties. A party must not act, represent or hold itself out as having authority to act as the agent of or in any way bind or commit the other parties to any obligation.

20. Assignment/Transfer

    These Terms and Conditions may not be assigned or transferred without the consent of both parties.

21. Variation

    These Terms and Conditions may not be changed or modified in any way except in writing.

22. Severance

    Any provision of these Terms and Conditions, which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of such provisions in any other jurisdiction.

23. Entire Agreement

    These Terms and Conditions constitute the entire agreement of the parties in respect of the matters dealt with in these Terms and Conditions and supersedes all prior agreements, understandings, undertakings and negotiationsin respect of the matters dealt with in these Terms and Conditions.