Terms and Conditions

Photo credit: Amanda Kivovitch

Terms and Conditions

Freshwater Harmony Professional and Personal Development (ABN 78 252 642 151)

The following conditions apply to all services provided by Freshwater Harmony Professional and Personal Development (Freshwater Harmony).  This includes, but is not limited to:

Courses and other learning events (such as face-to-face and online courses, workshops, mentoring, webinars and presentations); Coaching sessions (single sessions or packages), including individual and group coaching; Contracts; Educational material and information such as blogs, infographics, newsletters, videos; Any other services offered by Freshwater Harmony now or in the future.

We may amend these terms from time to time.  Please check these terms and conditions prior to using our website or purchasing any services or goods from us to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible.

Fees and Payments

Courses and Other Learning Events Places on any course or learning event are not guaranteed until full payment is received. Payment must be made at least five (5) business days prior to the course start date.

Coaching Coaching sessions are not guaranteed until payment is received. Payment for single coaching sessions or coaching packages must be made prior to the first scheduled coaching session.

Workforce Development Terms and conditions of contracted work is on a contract by contract basis. Contracts must be signed by all parties prior to the commencement of any work. This includes payment schedules, scope, timetable, deliverables, inclusions, exclusions, insurance, safety and well-being, grievance procedures, and termination.

Cancellation and Transfer

Cancellation Cancellations are not permitted less than seven (7) days prior to the start of the course or learning event. Cancellations made more than seven (7) days prior to the course commencement date will incur a $50 cancellation fee.

In the event that Freshwater Harmony must cancel or reschedule a course, coaching session(s), other learning event, or session, the client may choose to receive a full refund or transfer the full fee payable towards another Freshwater Harmony service. If there is a difference in the cost, the client may choose to pay any additional fee balance or request if the cost is higher.  Freshwater Harmony will refund any fee balance if the new service is of less value.

Transfers Transfers are permitted more than five (5) days prior to the start of the course or learning event and will incur a $50 fee. Transfers must be to any Freshwater Harmony course or learning event of equal or greater value and must be within the following three (3) months. If the transfer is to a course or learning event of greater value, the client is required to pay the balance owing.

In the event of illness or exceptional circumstances, transfer to an equivalent course to be held within the following three (3) months, is permitted without penalty on application to Freshwater Harmony. This is at the sole discretion of Freshwater Harmony.

Safety and Conduct

Courses, workshops and webinars offered by Freshwater Harmony cover content related to mental ill-health and mental illness. Participants may share accounts of lived experience and other deeply personal information. In enrolling and attending Freshwater Harmony courses, and other learning events, clients agree to respect and uphold the privacy and confidentiality of other attendees, visitors and Instructors.

Participants must behave in a safe, respectful, inclusive and courteous manner while attending a Freshwater Harmony course or learning event. This includes at any public or private venue where the course or learning event is being delivered, including online platforms such as Zoom or MS Teams.

Aggressive, disrespectful, unsafe or unlawful behaviour will not be tolerated. Freshwater Harmony reserves the right to immediately terminate any existing client relationship, without penalty to Freshwater Harmony, as a result of this behaviour. Freshwater Harmony is not liable for any loss to the client as a result.

Attendance

Mental Health First Aid® Courses For Mental Health First Aid® courses where an accreditation assessment is available, participants are not permitted to undertake the assessment unless they attend the full duration of the course(s) they are enrolled in.

All other courses, coaching and other learning events Freshwater Harmony and our clients agree to attend and commence at the designated time, including returning from scheduled breaks. If this is not possible for any reason, clients undertake to notify Freshwater Harmony as early as possible. Freshwater Harmony will advise clients of any changes to arrangements as soon as practicable.

Use of Photographs and Video

Freshwater Harmony may take photographs and video during classes or learning events which may include images of participants. These may be used in Freshwater Harmony promotional material including social media and for learning purposes. By agreeing to these terms and conditions you are deemed to have consented to the use of your image in promotional material, social media business accounts and learning material. If you do not wish to appear in these photos or videos, please advise us. We respect and honour each person’s choice, right to privacy and decision to participate or not.

Results and Outcomes

Freshwater Harmony does not guarantee any results or outcomes before, during or after the cessation of any of our services. Freshwater Harmony is not liable for any actions, decisions and changes made by the client during the course of, and after the termination of, any of our services. The client is solely responsible for their own personal and professional development, including actions, changes, risks and decisions.

Coaching Conditions of coaching are set out in the Freshwater Harmony Coaching Agreement. Freshwater Harmony coaching clients must sign and return the Freshwater Harmony Coaching Agreement prior to the first coaching session.

Coaching is not therapy, advice giving or counselling. Freshwater Harmony is not liable for any actions, decisions and changes made by the client during the course of, and after the termination of, the coaching relationship. The client is solely responsible for their own personal and professional development, including actions, changes, risks and decisions. Freshwater Harmony does not guarantee any results or outcomes before, during or after the cessation of the coaching relationship.

Coaching may take place via Zoom or other agreed online platform. In-person coaching sessions are at the discretion of Freshwater Harmony.

Invoicing and Payment Information

Freshwater Harmony uses the following secure systems for client transactions: Stripe, Xero, Scheduling.

Personal Information

In order to carry out our business, Freshwater Harmony collects personal information from our clients. This information is private and confidential and will not be disseminated to another party without the consent of the client.

Information collected includes: Name; Address; Email; Phone number; Dietary requirements (for catering only if client nominates particular dietary requirements); Disability (only if adjustment is required and requested by the client).

Mental Health First Aid® Courses When enrolling in a Mental Health First Aid® course, Freshwater Harmony clients give consent for certain personal information to be entered in the Mental Health First Aid International (MHFAI) learning management system. This includes the client’s First Name, Last Name, Email and Phone Number. MHFAI has a Privacy Policy governing collection and storage of personal information. It can be viewed at www.mhfa.com.au/privacy

Website Disclaimer

Welcome to the website of Freshwater Harmony Professional and Personal Development (ABN 78 252 642 151). If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.

The information on the Freshwater Harmony website is provided as a service to the public and offers general information only. It is not intended to be, and should not be relied on as, a substitute for specific medical or health advice.

While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.

Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

In no event will Freshwater Harmony be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you may be able to link to other websites which are not under the control of Freshwater Harmony. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Freshwater Harmony is not responsible for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Copyright Notice

This website and its contents are the copyright of Freshwater Harmony Professional and Personal Development © 2022. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: You may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.

Your Privacy

We are committed to protecting your privacy as a client and an online visitor to our website. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our privacy policy below carefully.

This policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our terms and agreements, including our policies and procedures.

If you have any questions or concerns at any time about our privacy policy or the use of your Personal Data, please contact us at info@freshwaterharmony.com.au

Information We Collect from You During your visits to our website or use of our products and services, we may obtain the following information about you: name, company name, email address, telephone number, credit card details, billing address, geographic location, IP address, survey responses, support queries, blog comments and social media handles (together ‘Personal Data’).

Our services are not directed to persons under 18 and we do not knowingly collect Personal Data from anyone under 18. If we become aware that a child under 18 has provided us with Personal Data, we will delete that information as quickly as possible. If you are the parent or guardian of a child and you believe they have provided us with Personal Data without your consent, then please contact us.

You can review, correct, update or delete your Personal Data by either logging into your account and making the changes yourself or contacting us directly to do so.

How We Use Your Information Personally Identifiable Information. We use the information we collect to deliver our services to you, including; communicating with you, providing technical support, notifying you of updates and offers, sharing useful content, measuring customer satisfaction, diagnosing problems and providing you with a personalised website experience.

Marketing communications are only sent to you if you have requested or subscribed to them. You can opt out of our marketing communications at any time by unsubscribing or emailing us and your request will be actioned immediately.

Non-Personally Identifiable Information: We also use the information we collect in aggregated and anonymized forms to improve our services, including; administering our website, producing reports and analytics, advertising our products and services, identifying user demands and assisting in meeting customer needs generally.

Any information you choose to make publicly available, such as blog comments and testimonials on our website, will be available for others to see. If you subsequently remove this information, copies may remain viewable in cached and archived pages on other websites or if others have copied or saved the information.

Storage and Security of Your Information We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. All information we receive from you is stored and protected on our secure servers from unauthorised use or access. Credit card information is encrypted before transmission and is not stored by us on our servers.

We retain your personal information for as long as needed to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

In the event there is a breach of our security and your Personal Data is compromised, we will promptly notify you in compliance with the applicable law.

Sharing Your Information with Third Parties We do not and will not sell or deal in Personal Data or any customer information. Your Personal Data details are only disclosed to third party suppliers when it is required by law, for goods or services which you have purchased, for payment processing or to protect our copyright, trademarks and other legal rights. To the extent that we do share your Personal Data with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy and in accordance with applicable law.

Disclosure Of Your Information We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

Links to Other Websites This website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy policy applies solely to information collected by this website.