Thank you for choosing Renee Yam.

These terms and conditions govern your purchase (Terms and Conditions)

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

1. Purchase Services

1.1. The website www.reneeyam.com (Website) is operated by Renee Yam t/a Renee Yam (abn: 99 553 764 038). Access to and use of the Website and any of its associated products or services is provided by Renee Yam.

1.2. The Website provides you with an opportunity to browse and purchase an online course (Course) that has been listed for sale through the Website (Services). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).

1.3. You have agreed to purchase the Course through the Website.

1.4. These Terms and Conditions are to be read in conjunction with the payment page (Payment Page) and Services information page (Information Page) of the Website.

2. Acceptance of the Terms and Conditions

2.1. You accept the Terms and Conditions by clicking to accept and proceeding with the purchase of the Course.

3. Personal Information

3.1. When purchasing the Course, you will be required to provide personal information such as your full name, password and e-mail address.

3.2. You agree that all details that you have provided in completing the purchase are true and correct.

3.3. Your personal information is kept in accordance with the Renee Yam Privacy Policy (Privacy Policy), which can be accessed and is available on the Website.

4. Purchase of Course

4.1. In order to access the Course, you may be required to register as a user of the Website. As part of the registration process, or as part of your continued use of the Course, you may be required to provide personal information about yourself (such as identification or contact details), including (but not limited to):

(a) E-mail Address

(b) Password

(c) ABN/ACN

(d) Address

4.2. You warrant that any information you give to Renee Yam in the course of completing the registration process will always be accurate, correct and up to date.

4.3. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.

4.4. You may not use the Course and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Renee Yam; or

(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4.5. In using the Purchase Services to purchase the Course through the Website, you will agree to the payment of the purchase price listed on the Website for the Service (Purchase Price).

4.6. Payment of the Purchase Price may be made through the available payment methods (Payment Gateway Providers)

4.7. 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.

4.8. In using the Purchase Services, 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.

4.9. Following payment of the Purchase Price being confirmed by Renee Yam, you will be issued with a receipt to confirm that the payment has been received and Renee Yam may record your purchase details for future.

4.10. In the event that any payment under this Agreement is not made in full on the due date, Renee Yam is entitled to charge You interest at the rate of 5% per annum, calculated daily.

4.11. You agree that if You default on any payments due and payable under these Terms, any costs incurred by Renee Yam for steps taken to enforce payment terms will be recoverable and payable by You.

4.12. You agree and acknowledge that Renee Yam can vary the Purchase Price at any time for future purchases of a Course.

5. Your obligations as a Member

5.1. As a Member, you agree to comply with the following:

5.2. You will use the Course only for purposes that are permitted by:

(a) the Terms;

(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Renee Yam of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Renee Yam providing the Purchase Services;

(f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Renee Yam for any illegal or unauthorised use of the Website; and

(h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

6. Delivery of Course Services and License Information

6.1 Each purchase of the Course grants you access to the Course through the available platform (Course Portal).

6.2 When you purchase a Course, Renee Yam grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Course and any related software, content, equipment or other materials for your specific, non-commercial use only (Licence).

6.3 The Licence is valid for the term outlined on the relevant Course Information Page (Licence Term). This means the Course will be viewable via the download link for the Licence Term only. After this time the Course will expire and you will no longer be able to access the Course.

6.4 The Licence is intended for a single use only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Course materials, booklets, and access to any other aspect of the Course.

7. Course Termination and Refunds

7.1 The Course is non-refundable. This means that if You wish to terminate the Course early, all remaining amounts of the Purchase Price are non-refundable.

7.2 If You are paying through a payment plan, You are required to make all outstanding payments of the Purchase Price within 7 days of termination.

7.3 Renee Yam reserves the right to terminate Your involvement in the Course for breach of this Agreement with 7 days’ notice by email.

7.4 Renee Yam will only provide You with a refund of the Purchase Price in the event that Renee Yam is unable to continue to provide the Services (Refund).

8. Warranty

8.1. Renee Yam will use her best efforts and take all reasonable steps to help you achieve the desired results. However, Renee Yam makes no warranty that the Course will meet your requirements or that all participants will achieve the same results.

8.2. The Course comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled to cancel your contract with Renee Yam. 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.

9. Disclaimer

9.1. You are solely responsible for creating and implementing Your own personal, physical, emotional well-being decisions, choices, actions and results arising out of or resulting from the Course and Your interactions with Renee Yam. As such, You agree that Renee Yam is not and will not be liable or responsible for any actions or inaction, including effects on Your business, personal life or relationships or for any direct or indirect result of any Services provided by Renee Yam.

9.2. You understand that the Course, and any information You receive through Your involvement in the Course, or through any materials and documents provided to You are not a substitute for psychological or medical advice, and that the Course is not a therapy offering nor a substitute for therapy.

10. Information Disclaimer

10.1. Any information, advice, content or documentation provided through the Course do not constitute professional, Medical, psychological or other advice, and are provided for general information and guidance purposes only.

10.2. All care is taken in the preparation of the information and published materials in the Course. Renee Yam does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

10.3. To the extent permissible by law, Renee Yam will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Course.

11. Relationship with Website and The Course

11.1. The Website and Course is operated by Renee Yam, a Sexologist and Registered Counsellor.

11.2. While Renee Yam is a registered counsellor, the Course offered by the Renee Yam is not a counselling or psychology service.

11.3. By consenting to purchasing the Course, You acknowledge that you are participating in an education course and does not constitute or establish a therapeutic relationship with Renee Yam.

11.4. If You are a current or past counselling client of Renee Yam, You understand that purchasing the Course is separate from any past, current, or future counselling or psychological services, and does not constitute, continue, or replace a therapeutic relationship with Renee Yam.

11.5. If in the course of participating in the Course, issues arise which in Renee Yam’s professional opinion is beyond the scope of the Program, You may be advised to see your GP and obtain a referral to consult with an appropriate clinician.

12. Liability and waivers

12.1. Liability

Renee Yam’s total liability arising out of or in connection with the Course or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You.

12.2. Waivers

(a) A waiver of any right, power or remedy under these Terms 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.

(b) The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.

13. Disclosure and Use of Confidential Information

(a) Confidential information means any information that is:

(i) processes, methodologies, statements, formulae, trade secrets, information (and copies and extracts made of or from that information and data) that is not in the public domain; and

(ii) 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).

(b) All obligations of confidence set out in these Terms and Conditions continue in full force and effect after completion of services.

(c) Renee Yam must not disclose any Confidential Information to any third party without your prior consent.

(d) These Terms and Conditions prohibits the disclosure of Confidential Information by Renee Yam
with exception to the following circumstances:

(i) 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;

(ii) the disclosure is required by applicable law or regulation; or

(iii) if the confidential information is already in the public domain at no fault of Renee Yam .

14. Copyright and Intellectual Property Rights

(a) You agree that any works, documentation, materials, Course content, creative works or information of whatever nature produced or developed by Renee Yam or under Renee Yam’s direction pursuant to or in the course of providing the Course will remain the sole and complete property of Renee Yam, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright and rights of Confidential Information).

(b) There is no assignment of Intellectual Property Rights by Renee Yam to you pursuant to these Terms and Conditions.

(c) Nothing in these Terms and Conditions affects the Moral Rights in any works, items, materials or information supplied pursuant to these Terms and Conditions.

15. Dispute Resolution & Mediation

If a dispute arises out of or relates to the terms of this Agreement, either party may not commence any legal proceedings in relation to the dispute, 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.

16. Force Majeure

(a) If circumstances beyond Renee Yam’s control prevent or hinder its provision of the Services, Renee Yam is free from any obligation to provide the Services while those circumstances continue. Renee Yam may elect to terminate these Terms or keep the Agreement on foot until such circumstances have ceased.

(b) Circumstances beyond Renee Yam’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.

(c) For the sake of clarity, if in Renee Yam ’s reasonable opinion, the provision of the Services will be affected by a pandemic, Renee Yam may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, Renee Yam 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.

17. Indemnification  

You hereby indemnify and agree to keep indemnified Renee Yam 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 outlined above.  

18. Marketing  

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

19. Governing Law & Jurisdiction

This Agreement is governed by the laws of New South Wales, Australia. In the event of any dispute arising out of or in relation to the Purchase Services or the Services, Renee Yam agrees that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in New South Wales, Australia.

20. 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.

21. Assignment

This agreement may not be assigned without the consent of both parties.

22. Variation

This agreement may not be changed or modified in any way except in writing.

23. Severance

Any provision of this agreement, 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 this agreement or affecting the validity or enforceability of such provisions in any other jurisdiction.

24. Entire Agreement

This agreement constitutes the entire agreement of the parties in respect of the matters dealt with in this agreement and supersedes all prior agreements, understandings, undertakings and negotiations in respect of the matters dealt with in this agreement.