Website Terms & Conditions
BY USING OUR WEBSITE, YOU AGREE TO OUR PRIVACY POLICY AND TERMS & SERVICES. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE OR SERVICES.
Last updated on 6 December 2023
Amy trading as ‘The New Normal Sexology’
TERMS AND CONDITIONS FOR PURCHASING SESSIONS AND JUST BROWSING
Welcome to The New Normal Sexology (TNNS).
In these terms, we also refer to TNNS as “our”, “we”, or “us”.
And you are you!
What are these terms about?
These terms apply when you use this website, being https://www.thenewnormalsexology.com/ and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you purchase and/or participate in psycho-sexology/ counselling sessions through this Website (“Sessions”).
If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here https://www.thenewnormalsexology.com/privacy-policy.
How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:
Part A: Terms for when you purchase and/or participate in Sessions (applies when you buy and participate)
Part B: Terms for when you browse and interact with this Website (applies when you browse)
Part C: Liability and warranties, and interpretation provisions (applies to buying, participating and browsing)
Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Sessions unless you have read and agree to these terms.
Disclaimer [SL1]
You acknowledge that this Website may contain sexually explicit images or content or NSFW (Not Safe For Work) imagery, intended for adults only. By accessing and using this Website and/or placing an Order, you acknowledge that:
you are at least 18 years of age or older;
you understand that the Website may contain sexually suggestive imagery or content;
you accept full responsibility for your choice to view and purchase these Sessions.
If you are not of legal age or are uncomfortable with explicit imagery or content, please exit this Website immediately.
I’ve returned to your Website, do I need to read these terms again?
Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Sessions. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Sessions. You can check the date at the top of this page to see when we last updated these terms.
DISCLAIMER[SL2]
The New Normal Sexology is a qualified sexologist who offers counselling and education on sexuality, relationships and intimate well-being[SL3] . It is up to you to assess whether the Sessions are suitable for you.
(General information) Any information on the Website is provided to you as general information only.
(Not medical advice) Nothing on this Website, contained in the Sessions or provided by our personnel is intended to be medical, psychological or professional advice outside the scope of counselling and sexology, of any kind and it should not be relied on as such. This Website is not intended to provide medical advice, diagnosis, or treatment to you or any other individual. Any information provided to you in the Sessions is not intended to diagnose, treat, cure or prevent any disease. It is not intended as a substitute for medical or professional care and treatment. Before making any changes to your mental health, your physical health or otherwise, seek medical advice to evaluate any risks.
(Consult medical professional) You should obtain specific medical, psychological and other professional advice before relying on the content of the Website or the Sessions. By not seeking such advice, you accept the risk that the information on the Website, contained in the Sessions or provided by our personnel, may not meet your specific needs.
(Results not guaranteed) The New Normal Sexology makes no representations or warranties that a Session will bring about any particular results, outcome or improvement. You acknowledge and agree that participation in a Session does not guarantee any particular results or outcome and that results differ for each individual depending on presenting concerns and personal circumstances.
If you are unsure about anything on our Website, or participating in our Sessions, we encourage you to seek medical advice.
Part A For When You Buy and Attend Sessions…
1. SUBMITTING AN ORDER
(a) By submitting an order for purchase of a Session using the Website’s functionality (Order) you represent and warrant that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.
(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Sessions you have ordered in exchange for your payment of the total amount listed upon checkout.
(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
2. ACCOUNTS
(a) To submit an Order and/or to purchase a Session, you may be required to sign-up, register and receive an account through the Website (an Account).
(b) As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
(c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(d) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
(e)We may suspend or cancel your Account if you do not comply with these terms or any other reason on notice to you.
3. PSYCHO-SEXOLOGY/ COUNSELLING SESSIONS
3.1 Booking and questionnaire
(a) Payment for all Sessions is due at the time of placing an Order in accordance with clause 4.
(b) Your Order and any Session booking time slots reserved at the time of placing your Order are only confirmed once you receive a confirmation email from us.[SL4]
(c) Prior to participating in a Session, you may be required to complete a questionnaire on the Website (Questionnaire). You warrant that any information you provide to us about you in a Questionnaire is accurate, honest and up-to-date.[SL5]
3.2 your obligations
(a) (Timing) It is your responsibility to ensure you attend your Session at the agreed time. The Session will start and end at the scheduled times, regardless of whether or not you attend the Session on time (subject to clause 3.4). You will not be entitled to a refund in respect of your Session on the basis that you failed to attend.
(b) (Video Conference) Your Session will occur via a third party online video conferencing application (Session Platform), which we will notify you of prior to your Session. We recommend downloading the Session Platform prior to the Session’s scheduled start time. You agree to the Session Platform’s terms and conditions, and its policies apply to our provision of the Sessions to you. At the time of these terms, the Session Platform is Zoom, and their Terms of Service are available here: www.zoom.us/terms. [SL6]
(c) (Session Platform Issues) Any technical or other issues with the Session Platform should be directed to the Session Platform to troubleshoot the issue. We will not be liable for any loss or damage suffered as a result of or in connection with issues on the Session Platform.
3.3 collection notice and privacy
(a) We may collect personal information about you in the course of providing you with Sessions, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
(b) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
(c) By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.
3.4 cancellations[SL7]
(a) (Cancellations by you) If you notify us that you would like to cancel and reschedule a Session:
(i) at least 48 hours before the Session is to occur, we will use reasonable endeavour to reschedule the Session; or
(ii) less than 48 hours before the Session is to occur, we will not reschedule the Session and will not offer a refund for that Session.
(b) (Cancellations by us) We reserve the right to cancel and reschedule a Session at any time. If we cancel a Session and are unable to organise a catch-up Session, we will refund you the Fees paid for the Session.
4 PAYMENT
(a) All prices are:
(i) per unit (except where indicated);
(ii) in Australian Dollars; and
(iii) subject to change prior to you completing an Order without notice.
(b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Sessions at the time of placing an Order.
(c) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by TNNS, you must pay the GST subject to TNNS providing a tax invoice.
(d) (Card surcharges) TNNS reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
(e) (Online payment partner[SL8] ) We may use third-party payment providers such as Stripe (Payment Providers) to collect payments for Sessions. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider accessible [here] and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
5 INTELLECTUAL PROPERTY
5.1 OUR IP
(a) We retain all intellectual property rights in the design of any materials provided during or in connection with the Sessions (Materials) or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Materials.
(b) You will not under these terms acquire Intellectual Property Rights in any of Our IP.
6 DEFINITIONS
For the purposes of this clause 5:
(a) “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.
(b) “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.
7 THIRD PARTY TERMS SUPPLIERS[SL9]
(a) If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
(b) Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Sessions or any services related to providing the Sessions and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
(c) You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide the Sessions to you, and you can cancel your Order in accordance with clause 3.4.
Part B For When You Browse This Website…
8 ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.
9 YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of TNNS;
(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Sessions;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of TNNS, including by linking to the Website on any other website; and
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
10 INFORMATION ON THE WEBSITE
(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
(i) the Website may have errors or defects (or both, as the case may be);
(ii) the Website may not be accessible at times;
(iii) messages sent through the Website may not be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website may not be secure or confidential; and
(v) any information provided through the Website may not be accurate or true.
(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content (as defined below).
11 INTELLECTUAL PROPERTY
(a) TNNS retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from TNNS or as permitted by law.
(c) In this clause 11, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
12 LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
13 THIRD PARTY PLATFORM
(a) This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: [insert[SL10] ].
(b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
14 SECURITY
To the maximum extent permitted by law, TNNS does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
15 REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
Part C Liability And Other Legal Terms
16 LIABILITY
16.1 WARRANTIES
Under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL), you may be entitled to certain remedies (like a refund, replacement or repair) if there is failure with the goods or services provided. Nothing in these terms is intended to limit the operation of the ACL. Please note that:
(a) Sessions sold by TNNS, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
(b) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
16.2 LIABILITY
(a) To the maximum extent permitted by law and subject to clause 16.2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to the total Fees paid by you to TNNS under the most recent Order.
(b) Clause 16.2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of:
(i) breach of any term of this agreement;
(ii) breach of third party intellectual property rights; or
(iii) negligent, fraudulent, or criminal act or omission.
16.3 Consequential loss
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Sessions or services provided by us, except:
(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
17 GENERAL
17.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Western Australia, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
17.2 WAIVER
No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
17.3 SEVERANCE
Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.
17.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
17.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.
17.6 COSTS
Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.
17.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.
17.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $, or “dollar”, is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
18 NOTICES
(a) Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.
(b) If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.
(c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.
[SL1]As requested, I have stated that you must be over 18 years of age to use the website and place an order for your services.
[SL2]Please have a read through of this disclaimer for your coaching and consulting services. I have captured the specific points we touched on in our call but please let me know if there are any other additional terms you would like to include here.
[SL3]Please amend as necessary to capture your services accurately.
[SL4]Please advise if this is not the case and I will remove.
[SL5]You mentioned that you may require your clients to complete a questionnaire with some background information about the issues/concerns they are experiencing. I have included a warranty that all information included is accurate, honest and up-to-date.
[SL6]You mentioned on our call that you will use Zoom to conduct calls. Will you also use Google Meets or any other video conferencing platform? If so, I will also insert their terms here.
[SL7]I have also inserted a standard cancellation policy of 48 hours. Please let me know if you would prefer to increase or decrease this notice period (or remove altogether).
[SL8]Please note I have inserted some placeholders here to insert the terms and conditions of any online payment providers you may employ on the website. Please let me know if this is not the case and I will remove this clause altogether.
[SL9]Please advise of any third party terms that you are aware of (if any). I will include a link to their T&Cs at this clause 7.
[SL10]Please let me know if your website is powered by a specific provider i.e. Wix or Woocommerce and I will insert their terms here.
EFour Terms of Use and Privacy Policy. To do so, please contact us here