Terms and Conditions
About Mimi Moon Meno and our Website
1. These terms are our house rules
These Site and Service Terms are our ‘house rules’ and they apply when you visit our Site, attend an Event, or buy our Services.
- These Terms apply to everyone who uses our Website, so we aim to make them easy to understand and fair.
- If you don’t agree to our Terms, that’s okay, but you must stop accessing and using our Website.
- By visiting our Websites, you agree to these Terms, as well as our Privacy Policy.
2. About our agreement with you
We are looking forward to working with you
Through our various Services as consultant and a licenced Menopause Champion, we provide helpful information, guidance, and suggestions so that you can get some flow happening and keep bouncing and grow through this change.
This document sets out how we deliver our Services to you (Terms).
- Mimi Moon Meno, we, or us means Positively Charged Pty Ltd trading as Mimi Moon Meno ABN 54 667 001 809
- Client, you, or your means the person who attends an Event, buys Services from us, or who visits our website.
Our agreement with you
Our agreement with you is set out in:
- the relevant Product Page on our Website,
- a Waiver (if applicable) that you sign,
- these Site and Service Terms, and
- our Privacy Policy.
Together, these make up our agreement with you about how we will work together (Agreement).
- If there is conflict between the various parts of this Agreement, the document listed higher in the above list takes priority to the extent of any inconsistency.
What’s included with our Services?
- We use reasonable care and skill to provide you the Services outlined in the online product page on our Website , which you look over when you buy a Service or Event tickets online.
Working Together
3. Buying from us
- When you buy products or services from us, other specific terms may apply as well as these Terms.
For example, product or package specific terms such as how long a coaching session will go for, what Resources are included, and how long you have to access supporting Resources.
- Generally, other specific terms will be set out in a written Product Page on our Website, which you look over when you buy a Service or Event tickets online.
Services Selected
We deliver you the Services and inclusions you selected from our online Product Page.
4. Paying for Services and Events
Upfront Payment
- For most Services and Events, you pay upfront when you buy them via our Website.
- We may give options to pay by instalments, we agree this with you as part of the purchase process.
- We send you invoices which you must pay by the due date.
- We may also pass on some other expenses to you, which we will invoice you for. We’ll let you know what the expenses will be before we incur them.
For example, reasonable travel expenses if you ask us to deliver a Session in a distant location.
- The payment method you choose might have extra conditions from the relevant payment processor (or by your bank, e.g. currency conversions).
5. Teamwork makes the dream work
- We delegate some of our Services to our team and contractors.
- If illness or other circumstances beyond our control stop us from being able to attend your Session or deliver parts of your Program, we will make a good faith attempt to either:
- Reschedule your Session for a different, mutually agreed time, or
- Swap in another awesome qualified team member or contractor.
6. Timing
Timing is… everything. Here are some key timeframes to keep in mind when you work with us.
Feedback and confirming details
- We’ll contact you to confirm details before a Session, so be sure to respond to our questions promptly.
- We’ll assume you have confirmed the details if we don’t hear back from you by the timeframe we set.
For example, when we send you an Action Plan, it’s up to you to review and ensure we’ve interpreted your information correctly and let us know if there are incorrect detail within 7 days of receiving the Action Plan.
Booking in Sessions
When you buy a Program, you get access to a bundle of Sessions to use within a set period (usually 6 months).
- It’s up to you to book in your Sessions during the Program Period.
- If you fail to book in your Sessions during the Program Period, you might need to pay an extra rescheduling Fee.
For example, please contact us if you have any delays in booking with other practitioners so we can plan and extend your Program Period if appropriate
Using our Website
7. Use our Website in line with these Terms
Our Website has materials, information, and Resources we created after researching and many years of experience. We are happy for you to access our Website but only as set out in these Terms.
- We grant you a limited licence to use our Website and Resources as set out in these Terms.
- Any other uses of our Website or Resources are not allowed unless we give our written permission.
- When you use our Website and Resources, you must not do (or try to do) anything unlawful or which we reasonably think is inappropriate or might damage our reputation.
- You must not tamper with or modify our Website, or knowingly send viruses or other disabling features, including by using trojan horses or programming routines that may damage or interfere with our Website.
Our website isn’t for competitors
- You must not use our Website or Resources in a way that competes with us or breaches our IP rights.
- If you want to collaborate or license our Resources for your own use, we’d be happy to chat.
8. Security and access
We have systems & processes to store and manage information, but in general the internet and our Websites may not be 100% secure.
- Accessing the Website: We do not promise our Website complies with any laws outside Australia. If you access our Website from outside Australia, you do so at your own risk. You are responsible for following applicable laws where you access our Website.
- Passwords: If we give you a username and/or password to access Website features or extra Resources, you must keep those details confidential. You are responsible for any unauthorised use or misuse of your passwords and resulting use of the Website and Resources.
9. Closing down out Website
- As long as we act for legitimate business reasons, we may close our Website or parts of it at any time. This might be without notice to you.
- We can exclude anyone from our Website.
- Generally this happens if they engaged in the bad behaviour mentioned elsewhere in these Terms.
- In other situations, we’ll try to give you reasonable notice of changes to your Website access.
- We’re not responsible for any loss or damage you suffer in connection with our decision to exclude you from the Website or close down the Website.
Information
10. Protecting personal information
We handle information you give us in line with our Privacy Policy, available at our Website.
- When you buy our Services, you consent to our collection and use of your information in line with these Terms and our Privacy Policy.
- You agree that we may contact you for marketing purposes and feedback to improve the way we work. You can opt out of marketing communications from us.
11. Protecting Confidential Information
We both agree Confidential Information is commercially sensitive and valuable, so that unauthorised disclosure or use of the other’s Confidential Information could cause significant damage.
- Confidential Information can only be used for the purposes set out in these Terms (i.e. the purpose of buying, supplying, or marketing our Services).
- Neither of us can use or disclose the other’s Confidential Information for a purpose not allowed under the Terms without express written consent from the other.
Intellectual Property
12. Using our Resources
Your obligations when using our Resources
As part of the Services we supply, we may include access to some of our own Resources.
- We own or license the Intellectual Property rights in our Resources.
- We grant you a limited license to make use of our Intellectual Property within our Resources to the extent needed for you to use a Service you buy from us.
For example, if we collaborate with you to develop a strategy for your cycle, you can use that strategy for your own personal use but you cannot re-sell it and we retain ownership in the frameworks used to develop the strategy.
Using content from our Website
- As long as you link back to our Website and give credit where appropriate, you can sample & re-post up to 100 words on any other site.
- Unless you get our prior written permission, you are not allowed to:
- sell or otherwise re-use Resources for commercial purposes; or
- re-post any Resources in full somewhere else; or
- change, copy, or use, in whole or in part, any Resources (unless validly bought for your own use).
Treat our Resources with respect
Unless we give you written in our agreed Product Page, you must not copy or create derivative, imitative works of our Resources or sell or claim ownership to our Resources
- In addition to being annoyed with you, if you misuse our Resources, we may take action to protect our rights without further notice to you.
Resources availability
- We don’t guarantee a specific type of Resources will be available for a set length of time and some Resources is only available on a limited or single-use basis.
Want to use our incredible Resources? If you have questions or want permission to use our Resources more broadly, let’s talk
13. Content you post to the Website
We may let you post or submit information or content to the Website (User Content). If you post content to our Websites, you grant us a broad global, royalty-free licence to use that content as we see fit.
- This means we might use and publicly display your User Content on our Websites.
- If you give feedback in a public forum, you give us permission to use that content and related personal information publicly.
For example, we may take a screenshot of a positive Google review or Instagram story and use that material to promote Mimi Moon Meno.
- If you send private feedback, you give us permission to use that content anonymously on our Websites. We won’t attach private feedback to you by name without getting your permission first.
- If you give permission and later change your mind, let us know and we’ll make reasonable efforts to remove it.
- If you make User Content available on our Website, you are fully responsible for it.
- We don’t endorse or approve, and are not responsible for, any User Content. We can remove User Content at any time.
Events
14. Attending Our Events
About our Events
- We love connecting with clients in person and virtually, one on one and as a community!
- Details for public Events we host are set out on the relevant page on our Website for each Event.
For example, the Website Page for each Event will outline inclusions and details such as Fees, date, time and place, as well as the intended audience for the Event.
Booking tickets for Events
- If you haven’t paid the Event Fees, you might not be able to attend and we might refuse your entry.
- When you book a ticket, that Fee is generally not fully refundable unless the Event is cancelled or rescheduled. We’ll confirm details on the relevant Event Site page.
- If you buy an Event ticket and you then cancel your order…
- more than 30 days before the Event, we’ll refund the Event Fee, or
- less than 30 days but more than 14 days before the Event, you will receive 50% refund, or
- less than 14 days before the Event, we are not able to provide a refund (see Transferring your ticket).
This is because when you buy a ticket, we may make venue bookings, hire extra team members, and otherwise make plans on the basis of each Event attendee. These are costs we might not be able to recover if you cancel.
- See Changing Events for details of what happens if an Event is cancelled or rescheduled.
Transferring your Event ticket
- We know that sometimes things happen, so we understand you might need to transfer your Event ticket to someone else or to another date, if available, if you can no longer attend.
- To transfer your ticket, let us know at least 3 business days before the Event by email.
We may take audios, recordings and videos at or of Events
- When you attend an Event, you understand that we will take photos and videos, and we may use those photos and video to promote our business as well as any Event partners.
- We may also make an audio or video recording of the Event. If we do, we will let you know via the Product Page for the Event.
See our Privacy Policy on our Website for more details on how we manage Personal Information.
15. Changing Events
We might need to cancel or reschedule Events
- We might need to cancel, change, or reschedule Events for various reasons.
For example, if a key facilitator becomes unwell, if the proposed Event location is no longer suitable, if restrictions relating to number of attendees or venues change, and other reasons.
- We’ll contact you via email to keep you up to date on Event details. It is your responsibility to make sure you can receive our emails about Events.
- If we refund or credit you for changes to an Event, that is your only remedy for changes to Events.
- You’re responsible for other costs, such as accommodation bookings or travel costs to attend an Event.
Rescheduled Events
If we need to reschedule an Event from its original date, and you aren’t able to attend the updated Event, let us know as soon as possible so we can refund you.
- Let us know within 7 days of us notifying you and we’ll work with you to arrange a refund. Otherwise, we assume you’re happy to come along to the updated Event.
Cancelled Events
- If an Event is cancelled, we aim to give you as much notice as we can and work with you to refund the Fees.
16. Respecting Others and acting safely
- We aim to create a welcoming, collaborative space at all Events.
- If we reasonably believe you are not acting in an appropriate manner, we may ask you to change your behaviour, leave the Event or otherwise refuse you entry to, or remove you from, an Event.
Events
17. Changing Session and Programs
Can you cancel or re-schedule?
We know occasionally things happen which mean you need to reschedule a Session.
- If you need to change a Session, please let us know as soon as you can. This allows us to offer time to other clients and reschedule your Sessions.
- If you arrive late, your Session will still end at the scheduled time.
Giving us notice of changes
Session – Change Notice: We need at least 48 hours’ notice via email to reschedule Session.
- If you reschedule Sessions with us, this may result in delays to your Program. Please see the Delays, ghosting, and Paused Programs
- We may not be able to reschedule a Session (and you are not entitled to a refund) if you do not attend a Session without giving us the required Change Notice.
Program – Cancellation: We may charge a reasonable cancellation fee if you cancel a Program during a Program Period.
- This Fee will reflect our administrative costs as well as loss we incurred from blocking out our calendar for you, turning away other clients, and the Services and Resources we provided to you.
- If you change a Program during a Program Period (or if we end a Program because of your actions), because we block out our time to help you with your Program, you’re generally not entitled to a refund.
- This will depend on the stage of the Program, Services selected, work already completed, and access we’ve given you to our Resources.
Program – Extension: If there is a delay to your Program and you need to extend beyond the initial Program Period we agreed with you, we may charge additional Fees, in order to support you.
- Fees may vary depending on the length of the extension needed, our availability, and the level of support required. Contact us so we can discuss your circumstances.
- All rescheduling and extensions are subject to our availability. Because our calendar books up in advance, our availability for completing delayed Programs may be limited.
18. Delays, ghosting and Paused programs
What happens if you fail to give instructions?
- We are working together with you on your Program and so sometimes there are actions you need to take or information you need to give us.
Ghosting policy
- If you ghost us, don’t complete an action or don’t give information within the required timeframe, or if you cancel or postpone Sessions, then we may need to pause the Program.
Ghosting means we don’t hear from you for 14 days after we make reasonable attempts to communicate with you.
- If we haven’t heard from you about extending or rescheduling your Program:
- We consider you have decided to end the Program and our Agreement with you, and
- We will deliver any current materials we have completed for your Program so far,
- We will send you an invoice for any outstanding Fees.
19. Delays
Things outside our reasonable control
- Neither you nor we are liable to the other for a delay or failure to perform obligations in this Agreement caused by circumstances outside of reasonable control, other than the payment of money.
How to manage Service delays and problems
- If a delay happens, we both agree to do our best to find alternative times to suit both of us for completing the Program.
- Where delays are caused primarily by you, our availability for completing delayed Programs may be limited because we have bookings for our other clients well in advance.
Results and Expectations
20. Results from our Services
Your results depend on many different factors
We cannot and do not guarantee particular personal or health outcomes from buying our Services. Your results depend on many different factors including:
- Current levels of exercise and diet and exercise, implementation, market factors,
- your ability and willingness to follow and implement our recommendations,
- resources, support systems, and community you have available to you,
- accuracy and completeness of information you provide us, and other factors.
Your well-being is your responsibility
- You agree that our Services:
- Our Services are not medicinal or therapeutic and do not substitute for therapy if needed.
- Our Services must not be used as a substitute for counselling, mental health care, substance abuse treatment, or other professional advice by medical, legal, financial, or other qualified professionals.
If you are currently working with a medical professional, mental health provider, or other health service, we recommend you let them know the nature and extent of the coaching relationship between us.
- You agree you are solely responsible for:
- creating and implementing your own physical, mental, and emotional well-being, and
- your decisions, actions, omissions, and results in relation to the Services and interactions with us.
- Our Services are a holistic process that may involve different areas of your life, including work, finances, health, relationships, education, and recreation.
- You agree that deciding how to handle these issues, incorporate well-being principles into those areas, and implement choices is exclusively your responsibility.
21. We use reasonable care + Skill
We use reasonable care and skill to deliver Services to you, however you agree that:
- We cannot and do not promise our Services or Resources will be continuously available or fault free;
- Services and related Resources are provided in good faith, based on information you provide us, and you are responsible for your use of our Services.
For example, if you don’t give us complete information on time before our Session and recommendations we offer are not as impactful, we’re not responsible for that outcome.
- You understand that changes in your hormone levels, health status, personal circumstances and other factors might mean our advice is no longer accurate or as impactful as intended, despite our best efforts.
22. Paying for losses + limiting liability
Paying us if you cause us loss
To the extent allowed by law, you must pay us for costs we incur caused or contributed to by:
- inaccurate or misleading info you give us, or
- your use or misuse of Services or our Resources.
For example, if you give us information about your symptoms or lifestyle and you get details incorrect, we’re not required to double check your information and we’re not responsible for the outcomes, such as less impactful recommendations for helping to improve your wellbeing.
Limiting our liability to you
Nothing in these Terms restricts consumer laws that may apply to your purchase of our Services.
- To the extent allowed by law, we exclude all liability for claims by you or a third party for all forms of loss or damage, unless we cause loss with our negligence or wilful misconduct. We are not responsible for loss caused by your use of our Services (or any inability to use a Service).
- Where we cannot exclude our liability, our total liability to you is limited to us re-supplying the relevant Service to you or, if applicable, paying to you the cost of re-supplying the relevant Services to you.
Physical activities involve risks
All physical activities involve some risks. We may ask you to consider these risks and sign a risk waiver.
- If you take part in a Session at any location, you do so at your own risk.
- You accept and agree to be responsible for all potential risks, including risk of injury, illness, damage, or loss to you or your property:
- during or after the Session, whether the Session is live or recorded, in-person or via video, solo or group activity; and
- as a result of any equipment or facility provided by or suggested by Mimi Moon Meno.
Release from liability
You agree to release Mimi Moon Meno and our affiliates, representatives, and assigns from claims arising from:
- the Session and the conduct of Mimi Moon Meno (or of our representatives); and
- you slipping, tripping, falling or otherwise injuring yourself or losing property before, during, or after the Session or traveling to or from the Session.
Nothing in this Agreement releases us from claims in relation to gross negligence by us.
Resolving issues
23. Let us know if you have an issue
We’ll work together to resolve disputes
If a dispute arises under these Terms, we both agree to act reasonably to resolve it.
If you are a consumer, you have specific rights when you buy our Services (see accc.gov.au), and these Terms do not replace legal rights you have under law
- If you have an issue with our Services, you’ll need to work with us so we can help resolve that issue.
- Contact us via email and include relevant information so we can help resolve your issue.
- We confirm we received your complaint within 5 business days and work to investigate and resolve your complaint within 14 days.
- If we can’t resolve your issue after this, we will be in touch to set out some proposed next steps.
24. Delay
Things outside our reasonable control
Neither you or we are liable to the other for a delay or failure to perform obligations in this Agreement caused by circumstances outside of reasonable control, other than the payment of money.
25. Ending and suspending this Agreement
Ending this Agreement for convenience
Either Client or Mimi Moon Meno can end this Agreement on 30 days written notice to the other.
Early termination charges may apply if you end the Agreement during a Program, see our Changes policy for details.
We might suspend or end this Agreement
We try to discuss and resolve issues with you first, but may suspend Services or end this Agreement at once if:
- You do not pay us undisputed Fees after we have given you reasonable notice to pay, or
- You’re in breach of this Agreement and either you can’t fix that breach, or you don’t fix the breach after we give you a reasonable time to fix the breach, or
- You fail to give us instructions or complete your obligations within a reasonable time, or
- We reasonably consider mutual trust and confidence no longer exist in our relationship with you, or your behaviour is likely to damage our reputation.
26. Actions after termination or suspension
If we end or suspend our Agreement with you because of your behaviour or breach of the Terms:
- You must pay for Services received up until the Agreement ends, and
- You are no longer allowed to use our Resources included with our Services.
General Details
27. A cycle of changes
- If we have a current Engagement with you, then changes to our Agreement must be agreed in writing by us both.
Our Website may change often
- From time to time, we may change these Terms and we may not give you notice of these changes. So check them when you visit or buy from us each time to make sure you’re still happy with them!
- We do not promise to keep our Website updated, so we’re not responsible if Resources or information is inaccurate or out-of-date.
Changes to our products and services
Sometimes we might update pricing or descriptions of products and services.
- We might need to refuse or cancel your online orders if our Website information or products and services are incorrect.
- We try to do this within a reasonable time of realising the error.
Transferring this Agreement
- We may assign, subcontract, or transfer some or all our rights or obligations under this Agreement without notice to you.
- Because our Services are generally specific to you personally, other than the obligation to make payment, you cannot assign, subcontract, or transfer your rights or obligations under this Agreement without our consent (which we won’t unreasonably refuse).
28. General agreement details
Survival
Some rights and obligations under our agreement with you remain in force after these Terms expire or end. These include the rights and obligations under the following sections: Paying for losses + limiting liability, Actions after termination or suspension.
Other general details
- Invalid parts severed: If a court of law decides one or more parts of our Agreement with you is invalid, only those parts are severed from the Agreement and other parts remain in full force and effect.
- No waiver: Delay or failure to exercise rights or a partial exercise of rights is not a waiver of those rights.
- Force Majeure: Neither party is liable for performance delays or for non-performance due to causes beyond its reasonable control, except for payment obligations.
- Full agreement: This agreement outlines the full agreement between us for the Services we supply you.
- Governing law: This Agreement is governed by the laws in force in South Australia, and the parties agree to submit to that jurisdiction.
29. Dictionary
Capitalised words have the following meanings
- Confidential Information includes all material, IP, non-public, business-related information disclosed or made available to the receiving party through any means, relating to a party’s business but excludes information that, without breaching this agreement, is already public or known to the receiving party.
- Events means the various in person and online webinars, workshops, panel discussions, educational mixers, and other related Services we deliver.
- Fees means the charges you pay to us for the Services we provide, as set out in a Product Page or as otherwise agreed with you.
- Intellectual Property (IP) means any and all of the following in any jurisdiction throughout the world: trademarks and service marks, including all applications and registrations, and goodwill connected with the use of them, patents, copyrights, Website, and internet domain names, including all related applications and registrations, trade secrets and confidential know-how, other intellectual property and related proprietary rights, interests, and protections. Our Resources forms part of Mimi Moon Meno Intellectual Property.
- Program Period means the set period of time during which we will provide the bundle of Sessions or specific Services in an agreed Product Page.
- Product Page means the online Website page that outlines the type of Services you buy, the length and type of Program, the included Resources, as well as the applicable Fees.
- Resources means all tools we create, develop, or use to supply you a Service, which might include one or more of the following: access to videos, written information, audio, lessons, workshops, training plans, feedback, advice, programs, Resources on our Website, digital products, and / or webinars. Mimi Moon Meno always retains ownership of all our Resources.
- Services means the various products and services offered by us from time to time, including coaching, walking activities, consulting, online courses and webinars, workshops, Events, and other related products and services
- Session means scheduled time we agree with you to spend with you to work on helping you and providing our Services to you.
- Website includes our website mimimoonmenocom.au, and our presence on third-party applications like Facebook, and @mimimoonmeno on Instagram.
30. Contact us
If you have any questions or concerns about our Website or services, please let us know so we can help.
Last updated: January 2024
