TERMS & CONDITIONS
Gutwise Living ABN 38 720 765 854
These terms and conditions form the basis of the agreement between you and Gutwise Living ABN 38 720 765 854.The agreement consists of the following documents:
These Terms and Conditions;
The completed Application Form including the Application Questionnaire, completed either online or offline;
The Program Outline; and
Our Privacy Policy.
The Agreement
By signing the Application Form, paying the Minimum Deposit, or by signing up online to a Gutwise Living Program, you agree to be bounded by these Terms and Conditions (“Terms”) and our Privacy Policy.
We suggest that before you sign the registration form or orally agree to us providing services that you read through these terms and conditions. If you have any questions concerning them, please reach out to us.
You should keep a copy of these terms and conditions for your records.
Definitions
Application Form means the document which sets out your personal details, Selected Gutwise Living Program, details of the agreed payment method.
Application Questionnaire means the questionnaire containing questions relevant to your health condition that may be sent to you following your enrolment in any of the Gutwise Living programs, for you to complete.
Program Outline means the document containing the description of any of the Gutwise Living programs and the included services on offer from time to time.
Event means a retreat, seminar, networking event, coaching session or promotion and other planned sessions organised or produced by Gutwise Living, whether live or online.
Intellectual Property means all intellectual property rights of whatever nature anywhere in the world conferred under statute, common law or equity and includes rights in respect of or in connection with copyright, whether or not registered or registrable, and includes the right to apply for or renew the registration of such rights.
Losses means all losses including financial losses, damages, legal costs and other expenses of any nature whatsoever.
Minimum Deposit is the amount specified as the minimum deposit payable for the Selected Gutwise Living Program in the Application Form.
Online Content means all content on the Gutwise Living Member Website including but not limited to ebooks, tables, educational materials, apps, video webinars, and audio material.
Paid in Full Payment means payment of the entire cost of the Selected Gutwise Living Program at the time of signing the Application Form or signing up online.
Participant means any person enrolled in any Selected Gutwise Living Program.
Payment Plan means an installment arrangement for the payment of the full cost of the Selected Gutwise Living Program in equal installments, the first payment being due prior to commencement of the Selected Gutwise Living Program.
Selected Gutwise Living Program means the level of services that you have selected to receive at the time of signing the Application Form, as outlined in the Program Outline.
Gutwise Living Client and/or You means the individual named in the Application Form.
Gutwise Living Website means the website Gutwiseliving.com and all associated subdomains and mobile websites.
Gutwise Living Member Website means the parts of Gutwise Living Website to which access is limited to clients of Gutwise Living currently enrolled to a Selected Gutwise Living Program.
Gutwise Living Member Facebook Group means the closed Facebook group for clients of Gutwise Living.
Gutwise Living , We, Us and our refers to Gutwise Living ABN 38 720 765 854 and includes the principals, directors, employees, representatives and assigns.
Gutwise Living Programs means all products and services provided by Gutwise Living including but not limited to mentoring programs, products, seminars, Online Content, coaching, consulting, marketing services and media containing recorded materials, photography and videography.
Enrolment and Payment
Enrolment in the Selected Gutwise Living Program is subject to approval by Gutwise Living. The application process consists of:
1.1 Completion of the details in the Program Outline including the Application Form and Application Questionnaire; and
1.2 Payment of the Minimum Deposit, or if applicable, a Paid in Full Payment.
Completion of the Application Questionnaire provides information about you which enables Gutwise Living to:
2.1 Ensure your suitability for enrolment in the Selected Gutwise Living Program;
2.2 Confirm your intention to commit to this Agreement for the full term; and
2.3 If applicable, tailor the Selected Gutwise Living Program to your specific business and personal needs.
Payment for the Selected Gutwise Living Program may be made either by a Paid in Full Payment at the time of enrolment, or by way of a Payment Plan.
The pricing for all Gutwise Living Programs are outlined in the Program Outline and may be updated by Gutwise Living at any time.
The price does not include travel or accommodation costs associated with any Event included in the Selected Gutwise Living Program.
The Paid in Full price for any Selected Gutwise Living Program is lower than the corresponding price for the same Selected Gutwise Living Program. This difference in pricing acknowledges the lower administration required from a Paid in Full payment.
If you do not make a Paid in Full Payment prior to the date for final payment outlined in the Program Outline, then you will be charged the Payment Plan price for the Selected Gutwise Living Program.
You acknowledge that if you are accepted into the Selected Gutwise Living Program, you are responsible for the payment of fees for the entire course of the Selected Gutwise Living Program, regardless of whether you actually attend or complete the work involved and regardless of whether you have selected a Paid In Full Payment or Payment Plan. No refunds will be issued and all payments must be made. If a payment remains outstanding for greater than 30 days, the balance for the remainder of payments becomes due immediately and an invoice will be issued for the full amount.
Payment Plans will be approved subject to you providing us your credit card or debit card details for payments on the date of completing the Application Form.
Where you have selected to pay by Payment Plan, the first installment will be payable at the time of completing the Application Form.
Intake periods for certain Gutwise Living Programs may be seasonal and commence in certain months of the year. In the event that numbers have been exceeded for your required intake period, you will be admitted into the next available intake period.
Your enrolment in the Selected Gutwise Living Program may not be resold, transferred or offered for resale at a premium (including via online auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for
other goods and services, either by the original purchaser or any subsequent bearer without the prior written consent of Gutwise Living and other than in accordance with the conditions set out in this agreement. If an enrolment in a Selected Gutwise Living Program is sold, transferred or used in breach of this clause, the enrolment may be cancelled without a refund and the bearer of the enrolment may be refused admission to the Selected Gutwise Living Program.
12.1 Upon completion of your application, you will nominate the specific date for attending the Gutwise Living Program.
12.2 Upon registering and confirming the date of your Program or Event, if no reasonable reason has been given to transfer dates or you do not show up, there will be a transfer/no-show fee (AUD 200). This fee is payable if changed within 7 days of the event date or if you do not attend your registered event. The fee is payable each time you change your date or do not attend a chosen date.
Cooling off Period
If you choose to cancel your enrolment for any reason within 7 days of signing the Application Form (the “cooling-off period”), then we will refund you the total amount paid to us minus your minimum deposit. The minimum deposit varies for Gutwise Living programs and isnon-refundable. The minimum deposit covers all intellectual property bonuses taken on the day of registration, including books, USB and Gallup Strengths Test.
If there is a change of mind within the 7 days cooling off period, the balance of the Program does not fall due. The deposit will remain as a credit that can be used towards future Gutwise Living paid events. (Please refer to clause 35 for further information on your credits)
The cooling off period commences on the date of signing the Application Form, regardless of when your enrolment is accepted by Gutwise Living or when the total Minimum Deposit is paid.
Notice of cancellation within the cooling off period must be given by email to [email protected] with “Cooling Off Cancellation” in the subject line of the email.
Refunds claimed within the cooling off period will be approved within 7 days and processed within 10 days of being approved by Gutwise Living.
After expiry of the cooling off period, cancellations will not be accepted for any reason.
Payment for Enrolments – Payment Plan Option
Payments are in equal instalments as set out in the Program Outline and must be paid each period when they become due.
Interest Free Payment plans organised through our finance provider are bound by the terms and conditions set out by them, which can be found here.
If you have applied for a payment plan agreement with our finance provider and your account have been activated, you are bound to the contractual terms of your agreement with them. Any payment arrangements from the date of activation will be between you and them, not Gutwise Living.
Changes to a Gutwise Living Payment Plan are at the absolute discretion of Gutwise Living. Any request for changes to a Gutwise Living Payment Plan must be sent in writing to [email protected].
If your credit card or debit card details change, you must notify Gutwise Living of your changed credit card or debit card details by sending an email to [email protected] not less than 10 days prior to the next scheduled payment date.
If a payment under a Payment Plan is declined by your bank or credit card provider, Gutwise Living reserves the right to charge you for any merchant processing fees or penalties incurred by reason of the declined payment.
If Gutwise Living is unable to recoup payments payable by you under a Payment Plan by reason of cancellation of your credit or debit card, Gutwise Living reserves the right to issue an invoice to you for the balance of all monies due for the Selected Gutwise Living Program.
Outstanding fees
In the event that Gutwise Living must issue an invoice in accordance with clause 8 or 22 above, and monies remain outstanding for over 30 days, Gutwise Living reserves the right to:
23.1 Charge interest on all money outstanding in accordance with the General Interest Charge as published by the Australian Taxation Office from time to time;
23.2 Report the fact of the non-payment of the invoice to a credit reporting agency; and
32.3 Assign the right to enforce any debts due to it to a third party, without further consultation to you.
You agree to indemnify Gutwise Living from and against all costs and disbursements incurred by Gutwise Living in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and client basis, Gutwise Living’s collection agency costs, and bank dishonour fees.
Refunds and termination
Occasionally we may need to cancel a Program. We will make every effort to reschedule your Selected Gutwise Living Program. However, in the rare and unlikely event of a cancellation without reschedule, a full refund will be paid within 10 days of notice of cancellation. Gutwise Living will have no further liability to participants in respect to cancellation without rescheduling.
After the cooling off period set out in clause 13 has expired, subject to clause 27 below, no refunds will be given, regardless of whether or not you have participated in the Selected Gutwise Living Program, attended any Event or completed any activities.
If you are on a Payment Plan and request to terminate your participation in the Selected Gutwise Living Program due to unforeseeable personal circumstances (terminal illness, death of a family member, extreme financial hardship) that prevent you from completing your program, you must give 14 days’ notice in writing to [email protected].
27.1 To qualify for terminal illness, a medical certificate will need to be provided.
27.2 To qualify for extreme financial hardship, a letter from your banking institution should be provided that you cannot meet the expenses for your family like rent/mortgage, utilities, food, transportation, and health-related expenses (doctor’s visits and medication)
Acceptance or rejection of requests for termination is entirely within the Gutwise Living sole discretion. If we accept your request for termination, no further payments will be deducted and no refund will be issued in respect of payment for previous months or part thereof.
Access to the Gutwise Living Member Facebook Group
If included in your Selected Gutwise Living Program, you will also receive details of the Gutwise Living Member Facebook Group, and your request to join will be accepted within two days of making it. Your access to the Gutwise Living Member Facebook Group will be subject to your compliance with the facebook community guidelines and terms of use, as well as the group guidelines.
Your commitment
By signing this Agreement, you agree that you will:
30.1 Participate in the activities and perform the tasks assigned to you by Gutwise Living as part of your coaching process;
30.2 Commit for the full duration of the Selected Gutwise Living Program; and
30.3 Complete all coaching sessions included in the Selected Gutwise Living Program.
By signing the Application Form, you agree that we may, at our sole discretion, terminate this agreement and limit, suspend or terminate your participation in the Selected Gutwise Living Program without refund of payments made if you:
31.1 Breach these terms;
31.2 Become disruptive or difficult to work with;
31.3 Fail to follow the guidelines of the program; or
31.4 Impair or otherwise interfere with the participation of our instructors or any other Participant in the program.
We respect your confidential and proprietary information, ideas, plans and trade secrets (“Confidential Information”). Accordingly, you agree to:
32.1 keep confidential and not disclose to any person any Confidential Information belonging to any other Participant in the program;
32.2 not infringe the copyright, patent, trademark, trade secret or other intellectual property rights of any other participant or Gutwise Living.
32.3 only use the Confidential Information of any other participant for the purposes of discussion during the program.
You acknowledge that by entering this agreement, you represent to Gutwise Living that payment of the fees for your Selected Gutwise Living Program will not place a significant financial burden on you or your family.
As a valued Gutwise Living client, you can pause or halt your current Program with Gutwise Living for a maximum period of 8 weeks (2 months) that can only be taken once and cannot be broken up over a period of time. Your access to all Program elements will be paused during this period.
If you hold credits with Gutwise Living, your credits will be held with Gutwise Living for a period of 24 months (2 years). During this time, you can transfer your credits to a non-Gutwise Living client or use your credits towards any Gutwise Living product, program or services that are provided. After 24 months (2 years), your credits will no longer be available for you to use.
Disclaimer and disclosure
We do not offer a guarantee that you will achieve the same or similar results. Your success depends on many factors, including your health condition, dedication, participation, desire, and motivation.
The information provided during or in relation to any Event is for general purposes only and it does not purport to be comprehensive or to render specific medical advice. The information provided during or in relation to the Event should not be regarded as medical advice. You should always seek independent medical advice specific to your needs from a qualified practitioner before making decisions. This disclaimer does not purport to exclude any warranties implied by law which may not be lawfully excluded.
You acknowledge that there is an inherent risk in any activity and agree there is no guarantee that you will improve your health condition as a result of your participation in the Selected Gutwise Living.
Program. You agree that Gutwise Living, its directors, principals, employees and representatives, will not be liable for any Losses that may arise out of any decision made by you at any time.
You acknowledge that we may pay commissions or referral payments to third parties arising from this agreement.
If the Selected Gutwise Living Program is prevented or cancelled due of an unforeseeable act of God, an inevitable accident, fire, blackout, flood or any other calamity, or if by reason of strikes, or lockouts, or any other events beyond the direct control of the organiser, then we may reschedule the Selected Gutwise Living Program.
Intellectual Property
All material relating to Gutwise Living are subject to copyright and other intellectual property rights. The copyright in all such materials remains the property of their respective owners and may not be recorded, used or reproduced, without the express written permission of the copyright owner. You agree not, at any time, to do anything that would infringe the intellectual property rights in such materials.
You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Gutwise Living will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
Indemnity
You agree to fully indemnify and keep indemnified Gutwise Living in respect of:
43.1 any Losses suffered by any person; or
43.2 any claim made against Gutwise Living, including but not limited to all costs on an indemnity basis;
by reason of your negligence or breach of these terms, or arising out of any circumstance relating to your participation in the Selected Gutwise Living Program.
General
The laws of the state of New South Wales govern this agreement.
Should any part of this agreement be determined by a court to be invalid or unenforceable, the remainder of the agreement will be unaffected.
The failure of or any third party supplier to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
This agreement may not be varied except with the written approval of a director of Gutwise Living.
All terms, conditions and warranties implied by statute that are excludable are excluded from this agreement. Such terms, conditions and warranties implied by statute that are not excludable are not excluded from this agreement but our liability for breach of such conditions and warranties implied by statute that are not excludable is limited to the total amount paid by you to Gutwise Living under this agreement.
Contact Us
If we can be of any assistance to you, our contact details are:
Gutwise-living.com
[email protected]