Terms and conditions

Anna Cusack – Postpartum Doula and Accredited Exercise Physiologist

Terms and Conditions

This website www.annacusack.com.au is owned and operated by Anna Cusack, ABN 62 295 172 123.

If you have any questions or need further information, please contact my team at anna@annacusack.com.au

This document sets out our Privacy Policy and associated Terms and Conditions. It describes how we collect and manage your personal information when you interact with this site.

We comply with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (Privacy Act).

We understand that visitors from the EU may access this site, so we also aim to comply with the General Data Protection Regulations (GDPR).

By continuing to use this website and access paid services you agree that you are not located, or residing in, the United States of America or Canada.

Personal Information

If you engage with Anna Cusack via this website or choose to become our client we may ask to collect the following kinds of personal information from you, including:

  • Contact details including your name and email address will be collected and stored in my secure email management system when you opt into my email list, register for a webinar or online event, or download a free guide or training.
  • Internet data including your IP address, analytics and cookies may be collected when you visit my website.
  • Contact details such as your name and email address will be archived in my inbox when you email us or complete a contact form.

We Use This Information To:

  • Respond to your enquiries.
  • Provide specific products/services to you at your request.
  • Help you understand our services better.
  • Improve our products and services.
  • Provide more relevant information.
  • Provide news about your products and services.

We Will Only Collect Your Personal Information:

  • With your full awareness and consent, such as when you email us, tick a checkbox or fill in a form to provide us with information.
  • If we need it to provide you with information or services that you request.
  • For necessary administrative processes if you become our client or customer.
  • If we believe that we can demonstrate a legitimate interest in using your data for marketing purposes, although we will always give you a choice to opt out

In Order To Do This, We May Share Some Relevant Personal Information - On A Strictly Need To Know Basis - With:

  • Our team internally.
  • Our affiliates, if you purchased through an affiliate link.
  • We never sell trade, or otherwise transfer your personally identifiable information to outside parties, except to provide you with the products or services you have requested, or in relation to the Accredited Exercise Physiology-specific policies herein.

Privacy Act compliance

We will also disclose your information if required by law to do so or in circumstances permitted by the Privacy Act – for example, where we have reasonable grounds to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in, and in response to a subpoena, discovery request or a court order.

If you have any concerns regarding the disclosure of your personal information, please do not hesitate to get in touch with us to discuss this personally using the email address noted above.

Communications

Anna Cusack uses personally identifiable information for essential communications, such as emails, accounts information, and critical service details. We may also use this information for other purposes, including some promotional emails. If at any time you wish to stop receiving such correspondence you can simply click unsubscribe on any email you receive from us.

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us at anna@annacusack.com.au

Security

We take reasonable physical, technical and administrative safeguards to protect your personal information from misuse, interference, loss, and unauthorised access, modification and disclosure.

We manage risks to your personal information by:

  • Ensuring that only key personnel have access to sensitive information.
  • Conducting regular audits of our security systems.

As mentioned above, your personal information may also be stored with a third-party provider, where it will be managed under their security policy, including GDPR compliance, through Simplero.

Complaints

If a breach of this Privacy Policy occurs, or if you wish to request a change to your personal information, you may contact us by sending an email outlining your concerns to me at anna@annacusack.com.au and my team will endeavour to respond within 1 week.

If you are not satisfied with our response to your complaint you may seek a review by contacting the Office of the Australian Information Commissioner using the information available at http://www.oaic.gov.au/privacy/privacy-complaints.

Notification of Change

If we decide to change our Privacy Policy, we will post a copy of the revised policy on our website.

Notification of Breach

If we have reason to suspect that a serious data breach has occurred and that this may result in harm or loss to you, we will immediately assess the situation and take appropriate remedial action. If we still believe that you are at risk, we will notify the Office of the Information Commissioner and either notify you directly or if that is not possible, publicise a notification of the breach on this website.

Terms & Conditions

This document sets out the Terms and Conditions you need to be aware of when using this website. When you visit this website, use our services or purchase our products you agree that you are over the age of 18, willing to be bound by these Terms and Conditions, and are not located in the United States of America or Canada. If you don’t accept this agreement, you should not continue to visit this website or purchase from us.

All products and services advertised on this website are offered in compliance with Australian Consumer Law.

Accredited Exercise Physiology-specific policies

  • If you engage in Accredited Exercise Physiology (AEP) services you may be asked to disclose your relevant health history and other information which will be stored securely in accordance with consumer law.
  • You will be asked if you grant permission for your AEP to share/discuss your health information with other medical providers (e.g. your doctor), if this is deemed necessary.
  • If you claim a rebate from a third party (e.g. private health fund) for your services, this party will be granted access to your AEP-specific information and consult records if they request it to confirm your claim or for any other purpose.
  • As previously stated above, by participating in AEP services you confirm that you are not located, or residing in, the United States of America or Canada.
  • Further information about AEP-service specific terms and conditions is available to you prior to participating in any AEP service or combined Postpartum Doula and AEP package service provided by Anna Cusack, along with a separate client intake form. These can also be requested from anna@annacusack.com.au at any time.

Payment Terms

Payment for Anna Cusack’s products and services is taken using Simplero as the payment gateway and Stripe as the secure merchant account.

The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). When credit card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete credit card details.

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.

By purchasing a payment plan or joining a recurring membership program you authorise Anna Cusack to charge your credit card in multiple instalments.

If at any time I stop receiving your instalments your service will be suspended until they resume.

You are responsible for making sure the credit card and contact information for your account is always up-to-date.

All charges are automatically invoiced and charged to the card on file. You'll get an email invoice when that happens.

If we repeatedly cannot charge the outstanding amount, we will first suspend your account and then permanently delete it.

Engagement with our site and services

I am committed to providing all program and service participants with a positive and interactive experience. Blog comments and social media comments are permitted but please do not promote or attempt to sell your products or those of another individual or company. If a comment is determined to be spam, unacceptable because it is rude or offensive or for any other reason deemed necessary, it will be deleted.

You agree that Anna Cusack may, at her sole discretion, terminate this agreement, and limit, suspend, or terminate your participation in any service without refund if you fail to follow the course guidelines, respectful communication guidelines towards our staff or other participants, or if you impair the participation of other participants in group programs.

Right to alter mode of delivery of 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 COVD-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 Anna Cusack’s 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 Anna Cusack.

Respectful Communication Guidelines

These guidelines cover all communications with Anna Cusack and her staff, customers and collaborators in our website, social media, private and public groups (including online and face-to-face groups), course engagement, Q&A calls, email, phone and any other engagement with our community.

  • Be kind – We will not accept any hate speech, sexism, ageism, ableism, homophobia, racism etc. of any kind, in any forum we manage. We reserve the right to exclude you from services without refund or block your unpaid participation if continued breaches occur.
  • Maintain confidentiality – what you discuss with me and other groups members is confidential. Do not discuss what others have disclosed outside of our safe space.
  • Be supportive - This is a place for women to connect and be openly vulnerable. We welcome your supportive wisdom, but not any unsolicited opinion that may be deemed to cause, or have the potential to cause, upset or distress to others.
  • Sales-free – Don’t promote your products to others in our private groups or public pages without the express permission of Anna Cusack first.

 

Jurisdiction & Dispute Resolution

Anna Cusack is located in New South Wales, Australia. This agreement is subject to the governing law of NSW.

If you have any issue or complaint arising out of your use of this website or these terms and conditions, you and Anna Cusack agree to make a genuine effort to resolve the dispute through negotiation and discussion.

If we are unable to resolve a dispute by negotiation and discussion within fourteen (14) days, the parties must proceed to mediation with the assistance of an accredited mediator who is independent of the parties. The mediator is to be appointed by agreement of the parties or, failing agreement within twenty-one (21) days of the first notification of the dispute, by a person appointed by the Chair of Resolution Institute, (ACN 008 651 232, Level 2, 13-15 Bridge Street, Sydney NSW 2000; telephone: 02 9251 3366, email: infoaus@resolution.institute) or the Chair’s designated representative. The Resolution Institute Mediation Rules shall apply to the mediation. We agree to share the costs of mediation equally between us.

It is a condition precedent to the right of either party to commence litigation other than for interlocutory relief that it has first offered to submit the dispute to mediation. Litigation is to be considered a last resort and may not be commenced until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.