Terms and Conditions
Thank you for visiting our website. This website is owned and operated by The Cycles: Women’s Community (ABN 32572614559). By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at www.thecycles.com.au/privacypolicy) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms.
In these Terms, 'us', 'we' and 'our' means The Cycles: Women’s Community.
About Our Website
Subject to compliance with these Terms, The Cycles: Women’s Community gives users the ability to consume wellness content and to purchase access to our Services on a variety of topics relevant to our Website. You agree that all transactions will be performed electronically and that the terms of the purchase of access to and use of any Services will be governed by these Terms.
By accessing, using any part of the website or services and/or purchasing access to any of The Cycles: Women’s Community workshops, courses or consultations you agree to be bound by these terms, which contain liability limitations. If you do not agree to be so bound, you may not access or use the website or any services.
About The Terms
The Terms have the same effect as an agreement in writing and govern your use of our Website. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF OR ACCESS TO OUR WEBSITE AND/OR ANY SERVICES. We may modify the Terms at any time. These terms were last revised on May 2nd, 2020. Each time you visit or log into our Website, you reaffirm your acceptance of these Terms. You are responsible for regularly reviewing the Terms. The Terms are supplemented by additional terms and conditions applicable to privacy, and may be supplemented by additional terms and conditions applicable to specific areas of our Website, or to particular content or transactions posted in particular areas of our Website.
1. Registration
You must register to confirm a place in any workshop or course available offered on our website.
When you register, you will provide us with personal information such as your name and email address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy www.thecycles.com.au/privacypolicy.
When you register you will receive a confirmation email reserving a place in specific workshops or course.
2. Collection Notice
We collect personal information about you in order to respond to your enquiry, process your registration, provide you with further information and for purposes otherwise set out in our Privacy Policy at www.thecycles.com.au/privacypolicy
We take your privacy very seriously. Please see privacy policy for further information.
Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at madeleine@thecycles.com.au.
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
3. Accuracy, completeness and timeliness of information
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
4. Purchases
4.1 Contract
When you register for a workshop/course/consultation, we will send you an email confirming receipt and details of your order.
4.2 Pricing & availability
Prices are shown in AUD and will be charged in AUD.
The Cycles: Women’s Community lists services for sale on its website as indicated. Whilst we use our best endeavours to stay up to date with availability, we cannot be held responsible if services are not available at a given point in time.
4.3 Consent
The Cycles: Women’s Community assumes all sales are made to persons over the age of 18. If you are under 18, you need to have the consent of a parent or guardian.
4.4 Payment
An invoice will be sent upon receiving registration for a workshop/course/consultation/service. Payment is accepted via EFT or Paypal link. We are unable to process any other payment form. Payments are to be made by the invoice due date and/or in advance of service provided.
4.5 Refunds and Cancellations
The Cycles: Women’s Community does not offer any refunds. If you are unable to attend a workshop/course/consultation 48 hours notice is required.
Cancellations made more than 48 hours prior to the workshop/course/consultation are eligible to a credit of service and you able to select an alternate date for workshop/course/consultation. If cancellation is made within 48 hours full payment is still required and no refund or credit is available.
By booking into this practice you automatically agree to the current terms & conditions.
5. Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).
Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.
6. No commercial use
This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
7. Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
• using this website to defame or libel us, our employees or other individuals;
• uploading files that contain viruses that may cause damage to our property or the property of other individuals;
• posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
8. Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
9. Jurisdiction and governing law
Your use of the website and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.
10. Limitation of liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
THE CYCLES: WOMEN’S COMMUNITY TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PURCHASE SERVICES OR THESE TERMS, HOWEVER ARISING, INCLUDING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), IN EQUITY, UNDER STATUTE OR OTHERWISE, WILL NOT EXCEED THE MOST RECENT PURCHASE PRICE PAID BY YOU UNDER THESE TERMS OR WHERE YOU HAVE NOT PAID THE PURCHASE PRICE, THEN THE TOTAL LIABILITY OF THE CYCLES: WOMEN’S COMMUNITY IS THE RESUPPLY OF INFORMATION OR PURCHASE SERVICES TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CYCLES WOMEN’S COMMUNITY, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTRIBUTORS, THIRD PARTY CONTENT PROVIDERS 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.
THE CYCLES: WOMEN’S COMMUNITY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY SITE CONTENT (INCLUDING THE CONTENT AND THIRD PARTY CONTENT) POSTED ON THE WEBSITE OR IN CONNECTION WITH THE PURCHASE SERVICES, WHETHER POSTED OR CAUSED BY USERS OF THE WEBSITE OF THE CYCLES: WOMEN’S COMMUNITY, BY THIRD PARTIES OR BY ANY OF THE PURCHASE SERVICES OFFERED BY THE CYCLES: WOMEN’S COMMUNITY.
11. Indemnity
YOU AGREE TO INDEMNIFY THE CYCLES: WOMEN’S COMMUNITY, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTRIBUTORS, THIRD PARTY CONTENT PROVIDERS AND LICENSORS FROM AND AGAINST:
· ALL ACTIONS, SUITS, CLAIMS, DEMANDS, LIABILITIES, COSTS, EXPENSES, LOSS AND DAMAGE (INCLUDING LEGAL FEES ON A FULL INDEMNITY BASIS) INCURRED, SUFFERED OR ARISING OUT OF OR IN CONNECTION WITH ANY CONTENT YOU POST THROUGH THE WEBSITE;
· ANY DIRECT OR INDIRECT CONSEQUENCES OF YOU ACCESSING, USING OR TRANSACTING ON THE WEBSITE OR ATTEMPTS TO DO SO AND ANY BREACH BY YOU OR YOUR AGENTS OF THESE TERMS; AND/OR
· ANY BREACH OF THE TERMS
DISCLAIMER
The Cycles: Women’s Community services are not intended to diagnose, treat, or cure any psychological or medical conditions. Our website and services may include information and instruction relating to psychological and overall emotional and mental well-being, nutritional suggestions, exercise and fitness suggestions which are all for informational purposes only. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services:
The Cycles: Women’s Community, founder Madeleine Murray is not a licensed medical doctor, therapist, chiropractor, osteopathic physician, naturopathic doctor, nutritionist, pharmacist, psychologist or Chinese medicine doctor. Although Madeleine is a Registered Midwife, all services provided by The Cycles: Women’s Community including all workshops, courses and one on one consultation do not fall under midwifery care. Madeleine Murray of The Cycles: Women’s Community does not render medical, psychological, or other professional advice or treatment, nor does it provide or prescribe any medical diagnosis, treatment, medication, or remedy.
The information provided on and accessible from this page/website and our workshops/courses/consultations is for informational purposes only and should not be considered to be healthcare advice or medical diagnosis, treatment or prescribing. None of this information should be considered a promise of benefits, a claim of cures, a legal warranty or a guarantee of results to be achieved. This information is not intended as a substitute for advice from your physician or other healthcare professionals, or any notifications or instructions contained in or on any product label or packaging. You should not use this information for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before altering or discontinuing any current medications, treatment or care, starting any diet, exercise or supplementation program, or if you have or suspect you might have a health problem.
All menstrual cycle information is intended to be used for increased self awareness and by no means advised to be used as a form of contraception.
No food, product or service mentioned on, or available from or through this page/website and our workshops is intended to diagnose, treat, cure or prevent disease.
The information provided on and accessible from this page/website and our workshops/courses/consultations does not necessarily reflect the opinions of Madeleine Murray, The Cycles: Women’s Community and is not guaranteed to be correct, complete, or up-to-date. This page/website is not intended to create a client relationship, and access to or receipt of information included on or communicated through this page/website and our workshops do not constitute such a relationship. Information disclosed on this page/website and our workshop pages do not remain confidential and may be viewed by the public. Therefore, do not disclose anything on this page/website or workshop pages that you expect to be held in confidence.
This page/website and our workshops may contain links to other resources on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that Madeleine Murray, The Cycles: Women’s Community recommends, supports, sponsors, or is in any way affiliated or associated with any person or entity associated with those links, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
Before participating in any diet or exercise program or using any diet or fitness products or services that may be described and/or made accessible in or through our website and/or the services, we strongly recommend that you consult with a physician or other healthcare practitioner before beginning any services or trying any products. The Cycles: Women’s Community staff are not licensed medical care and are not rendering personal medical and/or psychological advice or treatment and have no expertise in advising on, diagnosing, examining, or treating medical or mental health conditions of any kind. You understand that it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for you level of ability and physical and mental condition. Our website, including all content thereon, and the services are not meant to be substitutes for medical advice, contraception, or and other advice from your health care provider. Make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose or any information or content contained on our website or services provided. Your are advised that health advice is often subject to updating and refining due to medical research and developments. We are committed to bringing you the most up to date information, however, we make no guarantee that the information herein is the most recent on any particular subject.
YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF A STATEMENT YOU HAVE READ ON OUR WEBSITE AND/OR HEARD IN OUR SERVICES. OUR WEBSITE AND THE SERVICES SHOULD NOT BE USED IN LIEU OF ADVICE GIVEN BY QUALIFIED MEDICAL PROFESSIONALS. IT IS IMPORTANT THAT OUR WEBSITES AND THE SERVICES ARE USED ONLY IN CONJUNCTION WITH QUALIFIED MEDICAL GUIDANCE.
BASED ON THE FOREGOING, NOTHING CONTAINED ON THE WEBSITE OR OTHER PRODUCTS OR SERVICES OFFERED BY THE CYCLES: WOMEN’S COMMUNITY BE CONSTRUED AS ANY FORM OF SUCH MEDICAL ADVICE OR DIAGNOSIS. WITHOUT LIMITING ANYTHING SET FORTH HEREIN, YOU EXPRESSLY WAIVE AND RELEASE ANY CLAIM THAT YOU MAY HAVE AT ANY TIME FOR INJURY OF ANY KIND AGAINST THE CYCLES: WOMEN’S COMMUNITY, OR ANY PERSON OR ENTITY INVOLVED WITH THE CYCLES: WOMEN’S COMMUNITY, INCLUDING WITHOUT LIMITATION ITS DIRECTORS, PRINCIPALS, INSTRUCTORS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES AND REPRESENTATIVES.