Terms and conditions
Terms and Conditions
This website www.annacusack.com.au and its associated business are owned and operated by me, Anna Cusack, ABN 62 295 172 123. When you visit and use this website, you agree to all terms and conditions set out below. It is your responsibility to leave this website and not engage with my products, services or social media channels further if you do not agree with these terms and conditions.
I hope to have answered all your regarding to policies and procedures including data collection and storage here, but if you would like clarification on any aspects of this policy, please email me directly at email@example.com
I endeavour to uphold the highest ethical standards of online and face-to-face business, and comply with relevant privacy legislation for Australian businesses, as well as General Data Protection Regulations (GDPR) for those in Europe and the United Kingdom.
These terms and conditions also apply to my:
Facebook business page facebook.com/annacusackpostpartum/
Instagram page instagram.com/annacusackpostpartum
and all other media platforms on which I have a presence.
When you visit this website, social media channels, engage my services or purchase my products, you agree that you’re over 18 and willing to be bound by these terms and conditions. If you don’t accept this agreement, you should not continue to visit this website or purchase from me.
These terms and conditions may be modified from time to time. Please re-visit regularly to ensure you’re aware of any changes, as this will not be publicly announced as a matter of course.
Please know that the generalised information I provide on my website, podcast and social media platforms is never a substitute for individual support including medical advice tailored to your unique situation and needs. My free content is not intended to help you work through complex issues or decision making processes.
There is no professional relationship formed between us unless you explicitly choose to work with me by purchasing my services or products.
While I take all reasonable care to ensure that the information I provide is accurate, relevant and up-to-date, I make no guarantees in this regard and disclaim any legal liability for inaccuracy, incompleteness or error. If you find something that seems problematic, please let me know by contacting me at firstname.lastname@example.org
At any time, I may modify the content provided on this website, my social media platforms or on my podcast, including altering or deleting it without notice.
Third Party Content
Sometimes I collaborate with others or participate in online events. I only work with people in this way when I feel a connection to them and their message. Content delivered by others on my social media platforms represents their opinion and I’m not responsible for their content.
Paid or free downloads may sometimes be available via my website. While my team and I make every effort to ensure these downloads are safe, I’m not responsible for any viruses or other damage which might occur as a result of you downloading material from this site. Please ensure you have protection against viruses and other malicious attacks that may occur.
There are links to external sites (e.g. links to research articles) on my website. I’m not responsible for any information provided on these sites, and the links are solely for your information. I do not endorse any products available on or linked to such sites and have no relationship with them unless otherwise clearly notified. Any relationship you enter into with them is at your own risk, and I am not a party to the transaction in any way.
I have the utmost respect for you and your private information.
Throughout the course of us communicating with each other, working together in a paid or unpaid capacity, or you interacting with my website, I will obtain certain information from you. As you fill in forms, purchase products or register for training sessions, personal information such as your name, email address, IP address, program enrolments and other contact information will be gathered and stored securely in accordance with all relevant privacy principles and legislation.
If we are working in a remote capacity, I may also see and come to know your usernames on online media platforms like Instagram, Zoom or Voxer. Such information will not be recorded.
Only myself and trusted key personnel have access to your personal information.
We will only ever use information gathered from and about you in the ways in which they are intended to be used – for example, to get in touch with you, to offer helpful content or services (e.g. marketing or promotional purposes), or to directly provide a service to you. If you are not interested in such emails, you have the right to unsubscribe from my emails at any time. You are also welcome to email me to update your personal details on my system at any time, or to request removal of your information from my database.
We will never give your details out to third party without your expressed permission, e.g. if you have engaged me to co-ordinate supports from maternal health professionals on your behalf.
The only exception to this is if I am required by law/law enforcement agencies to provide your information, such as in relation to court order or subpoena, or in circumstances permitted by the Privacy Act (e.g. in situations where there is reasonable suspicion of malicious or willful misconduct or unlawful behaviour as it relates to our business).
Simplero, the platform through which this website, my membership sites and other programs and content are provided, may also store your information in accordance to their privacy and relevant policy. You may be required to create an account with Simplero to access some information on purchased products and services.
In the event any links on my site are affiliate links (and therefore trackable) this will be made clear on the page on which it appears. As with other links, I am not responsible for any engagement you have with that site or its contents, products or owner.
All payments are processed via reputable third party processing platforms Stripe and PayPal and not stored by us.
While my myself and any contracted staff work remotely, all company information and IP is stored on password protected computers and within reputable and reliable software systems. Our security systems are important to us and are audited from time to time.
In the event of any kind of breach, we will do any reasonable thing we can do to let you know immediately, and to rectify the situation.
If while we work together you engage in closed online groups, your comments or images won’t be shared anywhere outside the group without your expressed permission.
All members of the group will be advised of this requirement, and any breaches will be rectified as best as we can, to protect your privacy.
If you are ever worried about your privacy in regard to our business operations please contact me directly at email@example.com
Complaints and breaches
We will do our best to prevent data breaches by keeping security systems up to date. If however one does occur we will take steps to rectify it as a matter of urgency, especially if such an event puts you, your family or your assets at some kind of risk. We will also let you know directly what is going on, as we believe transparency is key to respectful business. If we can not manage the situation independently, we will engage the Office of the Information Commissioner. If we can't contact you directly, we will disclose that a breach has occurred (without disclosing any of your details of course) on the home page of this website for all visitors to see.
My books, face to face services, online/remote services and podcast sponsorship are available through this site. I aim to be transparent about exactly what you will receive in return for your money on all sales pages and order forms. Any product or service advertised through any of my platforms are offered in compliance with Australian Consumer Law.
My aim is to be honest with you, and I ask for your honesty in return. When services such as workshops or mentoring are offered on a "pay as you can" capacity, I trust you to choose the payment option that suits what you can afford at the time. If you are able to afford a paid spot and choose a subsidised or scholarship spot, please know this may prevent someone actually can't afford it accessing this service. We are adults here and I ask we all be considerate of our own needs and the needs of others.
I take my obligations under Australian Consumer Law seriously and am keen to hear if you have any problems. However, if there is a problem, my liability is strictly limited to:
- replacing the goods or providing the services again; or
- if I am unable to do so within a reasonable time, paying the cost of having the relevant goods or services supplied to you again.
As I mentioned earlier, Stripe and PayPal are used as the secure merchant account on this website. In some instances I may send you an invoice offer direct bank transfer as an option for payment. This is completely at my discretion.
Stripe and PayPal use SSL technology and do not store your credit card or PayPal account details.
If you agree to a recurring payment (e.g. a membership program or doula support package under personally-arranged payment plan) your credit card will be charged for the agreed number of instalments. If your payment fails, we will try and debit it again. If it still bounces, your service may be suspended or discontinued at my discretion. It is your responsibility to let me know if your credit card information changes to keep access to your services current.
If you can’t attend a scheduled one-on-one session with me, please let me know as soon as you can before our session. Let me know what’s happening and we’ll work it out together for another time. If you fail to notify me of unavailability and/or your reschedule with less than 24 hours notice on two or more times in relation to the same appointment, I reserve the right to cancel the session without refund.
If I need to re-schedule our session (it doesn’t happen very often), I’ll let you know as soon as possible and we’ll find a time that works for both of us. If no suitable time can be reached, I will refund your payment. I also reserve the right to discontinue any appointments or services paid for ahead of time - if this occurs, I will refund upcoming unused sessions.
The content of this website, my social media platforms, my podcast and the content contained within any of my online groups and programs are all protected by copyright, with all rights reserved.
You may not copy or reproduce any part of my content without my written consent.
Commercial exploitation of my content in any way that competes with my business is strictly prohibited.
You are welcome to share my website content or my publicly available social media content, but you must attribute the content to me and provide a link back to this website or my social media page.
If you are a participating in a membership group or an online course, content may be printed or downloaded to a local hard disk for your personal and non-commercial use only. You must not provide extracts of any content to anyone under any circumstances.
Engagement with my site and services + communication policy
It is my aim that you will both enjoy and benefit from working with me or engaging in any free content, products, programs or services. I expect all communication to be respectful and kind, and will not tolerate any hate speech, racism, transphobia, ableism etc. on any platform on which I have a presence.
We discuss and expect confidentiality and politeness at the outset of each group session. Please maintain this courtesy to others, in the knowledge that they intend to do the same for you. All experiences are valid and all people have the right to feel heard and supported in the spaces in which I operate. You agree to uphold these aims in your participation.
Social media and blog comments may be deleted (particularly if it is spam, sales-based or offensive to meet this aim. I try to do so in a timely manner, but am not online 24 hours a day. If you notice a problem comment or feel unsafe in my online space, please notify me as quickly as possible and your concern will go to the top of my priority list.
If you are the person whose comments or breaches of confidentiality have caused myself or another participant distress or harm, I will work either to discuss and remedy this with you, or in extreme circumstances, block you from unpaid spaces immediately. If no satisfactory outcome is achieved in a paid setting, I reserve the right to terminate our service or working relationship at any time and remove you from my spaces. A pro-rata refund may be issued for any payments made ahead of time. Again, this is at my discretion.
Mode and delivery of products and services
Face-to-face services may be suspended or moved online at any time as restrictions and recommendations of Australian Federal and NSW State Health authorities change in relation to COVID-19, other illness outbreaks, environmental emergencies and other situations outside of personal control. By continuing to engage with our service you accept that best practice guidelines and my personal discretion towards safety will be followed in regards to provision of all services, and that structure or mode of service provision may change in accordance with this. Refund or partial refund of services in such instances is not guaranteed, and is considered on a case-by-case basis by me.
The platforms through which I deliver my remote services, downloadable products and free content are also open to change at my discretion.
In regards to physical products (e.g. my book), these are delivered by Australia Post or relevant international postal services and I am not responsible for delivery time frames. All books are dispatched by me within five business days of order, and as much as I'd love to, I can't control the rest!
Jurisdiction & Dispute Resolution
If you have any concerns, please contact me and we’ll talk about it. If we can’t reach agreement within 10 working days, I may suggest bringing in a neutral third party (a mediator who is skilled and accredited) to help us find a solution. If we can't agree on an independent mediator, a person appointed by the Chair of Resolution Institute will mediate for us. Any cost of mediation will be split equally between myself and the aggrieved party. This process must be completed before litigation is commenced.
We agree that we won’t publicly or privately disparage each other or anyone connected with the other’s business. Rather, we’ll treat each other with respect and avoid any conduct or communication which might interfere with the business and/or personal interests of each other.
If we still can’t work it out, any disputes or arguments arising under this agreement are to be dealt with under the law of NSW, Australia.