Thank you for choosing the E.A.S.E Group Coaching Program with Carla Johnson. These Terms and Conditions govern the relationship between the Parties.

By clicking “accept” you agree to these Terms and Conditions.

 

These Terms and Conditions are read in conjunction with the information on the Booking Page (the Booking Page) and Course Information Page of the website (Information Page). The Information Page can be via the website at https://www.carlajohnson.com.au/ease.html (Website).

 

1.  Parties

You are the Client, and your details are set out on the Booking Page of the Website.

AND -

The Nutrition Circle Pty Ltd (abn: 71620501751) t/a Carla Johnson (Carla Johnson) of '01' Se 8 L 8, 356 Collins Street, Melbourne, Victoria.

 

Carla Johnson offers a group coaching program designed to support participants find food freedom through intuitive eating, titled the E.A.S.E group coaching program (Course). The Course is delivered in a group setting, with some individual one-on-one sessions, over a 12 week period. (the Services). You have engaged Carla Johnson to provide the Services.

2.     The Engagement

2.1.  Carla Johnson agrees to perform the Services for You, for the fee, terms and on the date/s as set out on the Information Page or agreed to in writing by the parties.

2.2.  Carla Johnson agrees to commence the Services on the Commencement Date, upon acceptance of the these Terms and Conditions and upon payment of the required Fee as invoiced to You. 

2.3.  The Commencement Date is outlined on the Information Page.

2.4.  Carla Johnson will work with you in a group setting to support You to work towards achieving your goals.

2.5.  Both Parties agree that the Services will be provided online.

2.6.  Carla Johnson will only provide you with a refund of the services fee in the event they are unable to continue to provide the Services (Refund).

3.     Fee

•  You agree to pay Carla Johnson the fee as set out on the Booking Page.
•  The pricing for the Services is as follows:

560. Monthly payments of $168.00 including GST per month (for a 10-month period); or
561. Monthly payments of $560.00 including GST per month (for a 3-month period); or
562. Up-front payment of $1500.00 including GST.

•  The Fee payable to Carla Johnson to perform the Services may be adjusted from time to time as agreed by the Parties in writing on account of changes in relation to the nature of the Services to be performed by Carla Johnson.

560. •  You agree to make payment of the fee via the Website, by the due date of your respective payment option.
     •  If any payment under these Terms & Conditions is not made in full on the due date, Carla Johnson is entitled to charge You interest at the rate of 5% per annum, calculated daily.
     •  You agree that if you default on any payments due and payable under this agreement, including any payment due under a payment plan, all amounts outstanding as at the date of default will become due and payable immediately and any costs incurred by Carla Johnson for steps taken to enforce payment terms will be recoverable and payable by you.
     •  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. Where the services are provided outside Australia, GST is inapplicable.

4.     Cancellation and Termination

•  You must notify Carla Johnson of an intention to cancel the Services as soon as practicable through e-mail to [email protected] and abide by the following cancellation policy (Cancellation Policy).
•  The Course is non-refundable. This means that if you wish to terminate the Course, early, all unpaid amounts of the Fee are non-refundable. If You are unable to attend a group session, you will not be provided with a refund.
•  For the sake of clarity, if you have chosen to pay through a payment plan and you wish to terminate the Course early, Carla Johnson reserves the right to immediately collect all outstanding amounts of the fee without notice by charging your method of payment, and your access to the Services will be revoked.
•  Carla Johnson may change the Cancellation Policy at any time without notice and bookings made in advance of the change will not be affected.
•  Carla Johnson reserves the right to terminate Your involvement in the Services for breach of these Terms & Conditions with 7 days notice by e-mail.
•  If Carla Johnson terminates the Services, You agree to pay Carla Johnson for the portion of the Services completed up to the date and time of termination.
•  With the exception of the Money Back Guarantee outlined in clause 5 below, Carla Johnson will only provide You with a refund of the Fee if Carla Johnson is unable to continue to provide the Services (Refund).

5.     Money Back Guarantee

•  Carla Johnson wants You to be satisfied with Your purchase, but Carla Johnson also wants You to give Your best effort to apply the course content . Carla Johnson provides a 14 day money back guarantee for the Course. That money back guarantee is governed by the following terms.
•  In order to qualify for a refund You must submit proof that You completed the following:

• One-on-one pre Course call;
• Pre Course forms;
• Modules 1 and 2 and the associated worksheets
• Attended week 1 and week 2 group coaching sessions.
  •  If, after completing the above, You decide Your purchase was not the right decision, You may contact Carla Johnson by email at [email protected] and advise You would like a refund within 14 days after the Commencement Date (that is, by 5.00pm AEDT on 21 February 2023) (‘Refund Period’). You must include Your completed work with Your request for a refund, as outlined above. If You request a refund and do not include Your completed work by the end of the Refund Period, You will not be granted a refund.
  •  Carla Johnson will NOT provide refunds for any request for a refund that comes more than 14 days after the Commencement Date. After the Refund Period, all payments are non-refundable and You are responsible for full payment of the fees for the program regardless of whether You complete the program.
  •  If You are granted a refund under this Money Back Guarantee policy, Carla Johnson will promptly terminate any and all licenses granted to You for the use of the Course material made available to You under these Terms. You agree that You will cease using any of the material supplied by Carla Johnson, including immediately deleting any Course material you have downloaded including video recordings, audio recordings, forms, templates, or other material of any kind whatsoever.

6.    Cancellation and Rescheduling of one-on-one sessions

•  Both Parties agree to reschedule any one-on-one sessions in writing.
•  Carla Johnson understands that things change, and therefore if you need to make a request to alter your session time you agree to provide at least 2 business days’ notice. Unfortunately, if you have to make changes within 2 business days of your scheduled session, you will forfeit the session, and the Purchase Price involved.

7. Delivery of Course and License Information

•  Each purchase of the Services grants you access to the program through the Kajabi Membership Portal or other membership portal utilised from time to time and made available to you (Membership Portal).
•  When you purchase a course as part of the Service, Carla Johnson grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the specific Services and any related software, content, equipment or other materials for your specific, non-commercial use only (Licence).
•  The Licence is valid for the term of the Services (Licence Term). This means the Services will be viewable via the download link for the Licence Term only. After this time the Services will expire and you will no longer be able to access the Services.
•  The Services are intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Services materials, booklets, and access to any other aspect of the Services.

8. Group Coaching

8.1.  As a participant in a Course (Participant), you expressly agree that you will not, through any means:

• harm, harass, hassle or abuse other participants; or
• send un-welcomed communication such as spam to other participants; or
• act in an unlawful, abusive, defamatory, discriminatory or otherwise objectionable manner; or
• infringe the intellectual property or privacy rights of any participant or any third-party.

8.2.  Carla Johnson, at its discretion, reserves the right to remove, edit or alter any content created by you or on the Facebook Group or any other platform utilised in the delivery of the Services.

8.3.  Carla Johnson retains the right to deny you access to the Services at any time for breach of these Terms & Conditions.

 

9. Warranty Period for the Services

•  Carla Johnson will use its best efforts and take all reasonable steps to support you to work towards achieving your desired results. However, Carla Johnson makes no warranty that the Services will meet your requirements or that all clients will achieve the same results.
•  The Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel these Terms with Carla Johnson, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. 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

•  You are solely responsible for creating and implementing your own personal, fitness, medical, nutritional, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Services and your sessions and interactions with Carla Johnson. As such, you agree that Carla Johnson is not and will not be liable or responsible for any actions or inaction, including effects on your personal life or career, or for any direct or indirect result of any Services provided by Carla Johnson.
•  You understand that in order to enhance the relationship and sessions with Carla Johnson, you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Services.

11. Liability and waivers

11.1 Liability

Carla Johnson’s total liability arising out of or in connection with the Services or these Terms & 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.

11.2 Waivers

• A waiver of any right, power or remedy under these Terms & 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.
• The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms & Conditions does not amount to a waiver.

12.   Disclosure and Use of Confidential Information

•  All obligations of confidentiality set out in these Terms & Conditions continue in full force and effect after completion of services.
•  Carla Johnson must not disclose any confidential information to any third party without your prior consent.
•  These Terms & Conditions prohibit the disclosure of confidential information by Carla Johnson with the exception of 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 & Conditions has consented to the disclosure of such information to the professional adviser;
  2. the disclosure is required by applicable law or regulation; or

• if the confidential information is already in the public domain at no fault of Carla Johnson.

13. Copyright and Intellectual Property Rights

13.1 Intellectual Property Rights

• You agree that any works, items, materials or information of whatever nature produced or developed by Carla Johnson or under Carla Johnson's direction pursuant to or in the course of providing the Services will remain the sole and complete property of Carla Johnson, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of confidential information).
• If You have fully complied with these Terms & Conditions and if the works, items, materials or information referred to in clause 10.1(a) have been produced by Carla Johnson as part of the Services, Carla Johnson grants to You a non-exclusive and non-transferable licence to use such works, items, materials and information for such purposes as the parties reasonably contemplate at the Commencement Date.
• There is no assignment of Intellectual Property Rights by Carla Johnson to You pursuant to these Terms & Conditions.
• Nothing in these Terms & Conditions affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms & Conditions.

13.2  Indemnification

You hereby indemnify and agree to keep indemnified Carla Johnson 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 in such literary and artistic works supplied as aforesaid.

14.   Marketing

You agree that any testimonials that may be provided by you from time to time may be used by Carla Johnson for marketing purposes.

15.  Mailing List

•  You will be given the option to register for Carla Johnson’s Mailing List (Mailing List).
•  As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
  • Email address
  • Name
•  If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Carla Johnson.

16.  No partnership or agency

Nothing contained or implied in these Terms & 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.

17.  Governing Law & Jurisdiction

These Terms & Conditions are governed by the laws of Victoria, Australia. In the event of any dispute arising out of or in relation to the Services, Carla Johnson agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Victoria, Australia.

18.  Severance

Any provision of these Terms & 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 & Conditions or affecting the validity or enforceability of such provisions in any other jurisdiction.

19.  Entire Agreement and Modifications

Both You and Carla Johnson confirm and acknowledge that these Terms & Conditions, the Group Coaching Program Payment Terms & Conditions, the Booking Page and Information Page of the website constitute the entire agreement between You and Carla Johnson and shall supersede and override all previous communications, either oral or written, between the parties.