Online Social Butterfly Workshop Terms & Conditions

These are the terms and conditions that apply to the workshops and events, both in person and online, offered by The Thomson Family Trust trading as Online Social Butterfly ABN 46 052 616 265 (may also be referred to as 'Sarah', 'I', 'me', or 'my'). These terms and conditions are to be read together with the services agreement and any other formal written agreements between us. These documents together form our entire agreement.

1. Workshop and event packages and programs

1.1 My workshops and events may be delivered online, face to face, via telephone, or a mixture of all three. Unless expressly agreed by myself, workshops and events are provided online via Zoom or another similar program.

1.2 If you sign up to:

(a) a workshop, you will get the exact hours of service as defined in the order form for the workshop, with all of the inclusions and materials referenced in the order form.

(b) an event, you will get the exact service, inclusions and information as defined in the order form for the event.

1.3 I would like to be clear that I am a Digital Marketing expert and business coach, and in no way qualified or willing to act as any other professional. I do not provide advise or support outside of my areas of expertise. Specifically, I am not qualified, willing, or able, to provide support in the form of counselling or therapy.

Our workshops and events teach you about running a business covering attitudinal activities as well as practical digital marketing skills. We provide various materials to help you during the workshops and events, including videos, worksheets, spreadsheets, diagrams and documents. We may also have group sessions.

2. Your responsibilities

2.1 You agree:

(a) that it is your responsibility to ensure your availability to attend the workshop or event at the scheduled date and time;

(b) that you are responsible for your own physical, mental, and emotional wellbeing when joining any workshop or event, both online and in person. You understand that you can choose to discontinue attending my workshops and events and any time, but that will not entitle you to a refund; and

(c) if you are currently under the care of a mental health professional, you must inform them of your decision to attend my workshops or events and check with them if, in their opinion, you have the required capacity to participate fully in the workshop or event.

3. Fees and payment

3.1 You agree to pay the fees in full and on time, regardless of whether or not you attend or access any of the workshop or event components.

3.2 Payment may be made via PayPal or credit or debit card, processed by Stripe.

3.3 If any payment is dishonoured for any reason, you will be liable for dishonour fees. If money remains unpaid, you will also be liable for any costs and disbursements that may be incurred in pursuing the debt (including legal costs on a solicitor and own client basis) and debt collection costs to the extent permissible under relevant legislation.

4. Refund policy

4.1 I aim to provide you with personalised and relevant workshops and events to help you grow your business. In accepting one of the limited number of places I have available at each workshop or event, you acknowledge I am committing my time and resources to you. For this reason, if you decide to withdraw from a workshop or event at any point between payment and the date of the event, I will not offer a refund.

4.2 Refunds are not available for any reason, including (but not limited to):

1. inability to attend the workshop or event on a specific date or time
2. inability to attend the workshop or event due to personal matters including illness
3. inability to attend the workshop or event due to a change of mind

5. Termination

5.1 My services to you will terminate at the end of the workshop or event.

5.2 If for any reason I decide that I will not be able to fulfil any or all of my commitments for a workshop or event, through no fault of my own, and other than as a result of cancellation of attendees, I may terminate the workshop or event on written notice to you, without providing reasons. If I elect to terminate the workshop or event, I will refund to you my fees relating to the workshop or event of this agreement, or proportionate amount, at my discretion.

6. Confidentiality

6.1 'Confidential Information' means information about the business practices and relationships of you or me which include this workshop or event relationships, and all information that is expressly or impliedly nominated as confidential, or that a reasonable person would consider to be confidential, however recorded, documented or verbal.

6.2 Where confidential information is disclosed to you during the workshop or event, it is done so for your personal or business benefit, and you agree not to disclose that confidential information to any other person or entity.

6.3 Some of the information you provide to me will be information that is clearly important or confidential to you or your business. I will only use that information to provide services to you and will not share it.

6.4 These obligations of confidence cease to apply in relation to information that either part is required to disclose by any law, or which becomes part of the public domain other than as a result of a breach by the disclosing part of its obligations under this agreement.

7. Intellectual Property

7.1 All intellectual property rights in my workshops and events remain my property. Access to any of my courses, classes, coaching, workshops or events does not give you any ownership rights to those materials, or any other program materials.

7.2 You are only allowed to use the workshop or event materials for your own personal use. You must not share, distribute, or resell, in part or in full, those materials, without my prior written permission. You are prohibited from using my materials to develop your own program, training, workshop or event, for sale or giving away to others.

8. Your content and data

8.1 While all care is taken to store your data, the online portal Simplero, is not designed as a backup system, and should not be relied upon as such. I provide no guarantee for the security of your data. I will not be responsible or liable for the storage, theft, deletion, correction, destruction, damage or loss of any stored data. I recommend you have a back-up system in place for your systems.

9. Third party services

9.1 If i make any third-party recommendations including, but not limited to, third party products, programs or services ('third party services'), it is because to the best of my knowledge, they are quality products or professional service providers. You must complete your own due diligence to protect yourself.

9.2 I will not be liable or responsible for your use of third party services, or loss or damages you or any other person suffers due to the use of the third party services.

10. Disclaimer

10.1 My workshops, events, packages and programs aim to provide opportunities for thought-provoking and creative processes that inspire you to maximise personal, professional and business potential. I cannot do the work for you. You agree to take responsibility for your own circumstances and acknowledge that the benefit you receive from my programs, training, workshops and events will depend on your personal circumstances and the effort you put in.

10.2 You understand that it may take some participants a greater commitment of time and effort than others to implement suggested changes or ideas, and that varied results may arise based on the individual's starting point, flexibility to change, and emotional intelligence.

10.3 While I will use reasonable skills and care in delivering my workshops and events, I cannot guarantee that your objectives will be met, or that your results will be consistent or improve. Each person attends my workshops and events with different experiences, circumstances, skills and attitudes, all of which can impact their experience.

10.4 You are responsible for your own decisions, choices, actions, and results when implementing my training, workshops and events into all areas of your life. You agree that I will not be liable for any action or inaction, or for any direct or indirect result of any services or training that I have provided.

10.5 While every care is taken, I make no representations about the suitability, reliability, availability, timeliness, completeness, and accuracy of anything provided in my training, workshops, events or programs for any purpose. To the maximum extent permitted by applicable law, anything contained in my online or in person workshops and events are provided "as is" without warranty or condition of any kind.

10.6 Information provided in the course of my training, workshops and events are for educational purposes only, and we take no responsibility for any use made by you of the information supplied.

10.7 You understand that my training, workshops and events are not to be used as a substitute for professional advice by legal, mental, medical, financial, business, spiritual, or other qualified professionals. You must seek independent professional guidance for such matters. You agree that all decisions and actions in these areas are exclusively your responsibility.

10.8 You understand that my training, workshops and events do not substitute for counselling or therapy, and do not prevent, diagnose, treat, or cure any mental disorder as defined by the DSM-V or ICD 10 or medical condition.

11. Limited liability and indemnity

11.1 To the extent permissible under relevant legislation, I will not be liable for any loss or damages including loss of profits, loss of opportunity or damages suffered by any person from following or applying any advice, coaching, ideas or content developed as part of my training, workshops and events.

11.2 To the fullest extent permitted by law, and without limiting the application of the Australian Consumer Law, you agree that:

(a) my total aggregate liability for any claim(s) by you relating to any training, workshop or event I deliver to you is limited to the amount actually paid by you for that training, workshop or event;

(b) if there is any fault in a training, workshop or event, my liability will be limited (at my choice) to:

      (i) the delivery of that training, workshop or event again; or

      (ii) refunding part or all of the cost of that training, workshop or event.

11.3 You agree to indemnify me and hold me harmless against loss or damages suffered by you or any other person arising from your breach of these terms and conditions.

12. General

12.1 Relationship - I am delivering my training, workshop or event to you as an independent contractor and nothing in these terms and conditions should be interpreted to suggest otherwise.

12.2 Assignment - The training, workshops and events are personal to you and this agreement and cannot be assigned to any other person.

12.3 No Waiver - Any time or other indulgence granted by me will not in any way amount to a waiver of any of my rights or remedies under this agreement.

12.4 Governing Law - This agreement is governed by the laws of Western Australia, Australia, and you agree to be subject to the jurisdiction of the courts of Western Australia, Australia if there was a serious dispute between us.

12.5 Severability - If any of these terms and conditions are determined to be invalid or uneforceable, then the invalid or unenforceable provision will be severed, and the remainder of these terms and conditions will continue in effect.

12.6 Entire Agreement - These training, workshop and event terms and conditions, together with our services agreement and any other formal written agreements between us, form the entire agreement between us. Anything else discussed beforehand and afterward is not part of our agreement or fees charged unless it was included or has been agreed to in writing.