Terms and Conditions of Use

1. About the Website
1.1. Welcome to https://www.yvettevardy.com/ (the 'Website'). The Website provides DBT skills training services (the 'Services').
1.2. The Website is operated by Dr Yvette Vardy (ABN 67 709 261 986). Access to and use of the Website, or any of its associated Products or Services, is provided by Dr Yvette Vardy. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Dr Yvette Vardy reserves the right to review and change any of the Terms by updating this page at her sole discretion. When Dr Yvette Vardy updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Dr Yvette Vardy in the user interface.

3. Webinars, Courses and Skills Training Services
3.1. The Platform enables you to communicate with a DBT Skills Trainer, or the site owner Dr Yvette Vardy for the purpose of receiving Skills Training, information, advice or any other input, benefit or service (collectively “Skills Training Services”). We make no representation or warranty whatsoever as to whether you will find the Skills Training Services relevant, useful, correct, relevant, satisfactory or suitable to your needs. It is up to you to consider and decide whether these services are appropriate for you or not.
3.2. You agree, confirm and acknowledge that you are aware of the fact that the Skills Training Services are not to be confused with, or deemed a replacement of, Individual Psychological Therapy. The Skills Training service is intentionally offered as a webinar (Students and clients have no capacity to connect a microphone or camera) and is therefore NOT a place in which users can talk in details about their personal issues or problems. The Skills Training Service maintains a clear focus on teaching skills and a chat function is provided solely to ask questions to assist in understanding and applying those skills to facilitate behaviour change. Never disregard, avoid, or delay obtaining medical advice or live and local psychological support or medical attention from your doctor or other qualified healthcare professional, by face-to-face appointment, because of distress, information or advice you have received or experienced through your use of the Platform.
3.3. If you are thinking about suicide or actions that may cause harm to yourself or others, if you feel that you or any other person may be in any danger, or if you have any medical emergency, please seek immediate help from emergency services, your local mental health service, phone 000 (in Australia) or a crisis telephone counselling service. Unfortunately, Dr Yvette Vardy, the Platform and the Skills Training Services are unable to assist you during a crisis.
3.4. You acknowledge, confirm and agree that the platform is not designed for use in any of the aforementioned “crisis” cases and that you must not use the platform to communicate any immediate risk, threat or crisis. Any frightening, risky, abusive, vulgar or disrespectful communication, or any communication about suicide or self-harm, or any messages that convey a risk of harm to self or others will be deleted and anyone posting such content will be removed from the program.
3.5. You are advised to exercise a high level of care and caution in the use of the Platform and any Skills Training services. Please remember that issues of confidentiality are paramount and individuals may have urges to disclose more about themselves or their experiences via online services compared to when face to face.

4. Subscription to use the Services
4.1. In order to access the Services, you must either purchase access to a Course via a one-off payment, or you must agree to sign up for a weekly-based payment plan or subscription through the Website (the 'Subscription'). Purchases for content received are strictly non-refundable.
4.2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use. In purchasing the subscription, you authorise Dr Yvette Vardy to charge the agreed upon payments to your credit card or elected account, for the duration of the Subscription.
4.3. In order to purchase a Course or Module-based Subscription, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Other personal information (de-identified) for improving the service and for research purposes
4.4. You warrant that any information you give to Dr Yvette Vardy in the course of completing the registration process, particularly any payment details, will always be accurate, correct and up to date.
4.5. Once you have paid for a service, you agree to be bound by the Terms. As a customer you will be granted access to the Services you have chosen to purchase from the time the service commences, until the subscription period (and pre-defined replay access period) expires (the 'Subscription Period'), if the purchase is subscription-based.
4.6. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Dr Yvette Vardy, unless under the supervision of a parent or guardian (and with their expressed permission); or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

5. Your obligations as a User of this service
5.1. You hereby confirm that you are legally able to enter into a contract, or you are accessing these Services under the direct supervision of a parent or guardian who is capable of entering into a legal contract.
5.2. You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively “Account Access”).
5.3. You agree and confirm that your use of the Platform, including the Skills Training Services, are for your own personal use only. Dr Yvette Vardy gives you permission to share your access with any immediate partners, carers or family members. You agree, however, that you are not using either the Platform or the Skills Training Services for, or behalf of, any organisation.
5.4 You agree and commit not to interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure, or any of the Platform’s systems, services, servers, networks or infrastructure, including without limitation obtaining unauthorized access to the aforementioned.
5.5. You agree and commit not to make any use of the Platform for the posting, sending or delivering of either of the following: (a) unsolicited email and/or advertisement or promotion of goods and services; (b) malicious software or code; (c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content; (d) any content that infringes on a third party right or intellectual property; (e) any content that may cause damage to a third party; (f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
5.6 You agree and commit not to violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform and your relationship with the Skills Trainer or us.

6. Payment
6.1. All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
6.2. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
6.3. You agree and acknowledge that Dr Yvette Vardy can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

7. Refund Policy
7.1. Purchases made on the website are strictly non-refundable, however, you may cancel out of any weekly-based Skills Training subscriptions at any time, so long as the request is made in writing. A lead time of 48 hour notice is required. For module-based subscriptions, so long as we receive 48 hours notice prior to the next scheduled Skills Training session, you will not be billed for that session or any subsequent sessions. If you give less than 48 hours notice, you will be billed for the next scheduled session but will not be billed for any further sessions. To cancel out of the online skills training program you must contacting us in writing at yvette.vardy@gmail.com, and once we receive your notice, you will be removed from the program. The time stamping of this notice for cancelling your online program will determine the period of notice you have provided.
7.2. Once an online Skills Training session has commenced, or you have accessed an on-demand skills training course via a one-off payment, services are deemed as received by you, and are strictly non-refundable. No refunds will be given for any content that has been received or that is viewable either live or via replay. Refunds will not be given to individuals who experience technical difficulties accessing the content. If the session is interrupted or drops out due to the Platform’s own technical difficulties, such as our internet services performing inadequately, no refunds will be given so long as recorded content is then available for viewing. Unfortunately the Platform is unable to provide technical assistance to those who have difficulties.
7.3. Dr Yvette Vardy will only provide you with a refund of the Subscription Fee in the event she has been unable to provide the Services or a suitable replacement (such as a replay) or if she makes a decision, at her absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee deducted for that part of the service. If the service in unable to be restored, the refund may also include a cancellation of future payments.

8. Copyright and Intellectual Property
8.1. The Website, the Services and all of the related products of Dr Yvette Vardy are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Dr Yvette Vardy or its contributors.
8.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Dr Yvette Vardy, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use. Dr Yvette Vardy does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Dr Yvette Vardy.
8.3. Dr Yvette Vardy retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any: to you. (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
8.4. You may not, without the prior written permission of Dr Yvette Vardy and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

9. Privacy
9.1. Dr Yvette Vardy takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Dr Yvette Vardy's Privacy Policy, which is available on the Website.

10. General Disclaimer
10.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
10.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Dr Yvette Vardy will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
10.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Dr Yvette Vardy make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Dr Yvette Vardy) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Dr Yvette Vardy; and (d) the Services or operation in respect to links which are provided for your convenience. 10.4. The Platform depends on various factors such as software, hardware and tool, either our own or those owned and/or operated by our contractors and suppliers. We do not guarantee that the Platform will be uninterrupted or that it will be secure, consistent, timely or error-free.

11. Limitation of liability
11.1. Dr Yvette Vardy's total liability arising out of or in connection with the Services 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.
11.2. You expressly understand and agree that Dr Yvette Vardy, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

12. Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or by Dr Yvette Vardy as set out below.
12.2. If you want to terminate the Terms, you may do so by:
(a) providing Dr Yvette Vardy with 48 hours' notice of your intention to terminate in writing; and
(b) closing your accounts for all of the services which you use, where Dr Yvette Vardy has made this option available to you.
12.3. Dr Yvette Vardy may at any time, terminate the Terms with you if: (a) you have breached any provision of the Terms or intend to breach any provision;
(b) Dr Yvette Vardy is required to do so by law;
(c) the provision of the Services to you by Dr Yvette Vardy is, in the opinion of Dr Yvette Vardy, no longer commercially viable.
12.4. Subject to local applicable laws, Dr Yvette Vardy reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Dr Yvette Vardy's name or reputation or violates the rights of those of another party.

13. Indemnity
13.1. You agree to indemnify Dr Yvette Vardy, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffer or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.

14. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

15. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

16. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.