THE NUTSHELL:

You’re about to make a GREAT investment for yourself. But, as with all things, it’s always a good thing to make sure we’re all on the same page.

Please read these T&Cs carefully. The ‘nutshell’ version is first, then the full legal details are underneath that. By purchasing any product or service you accept that you understand and adhere to these terms and conditions.

You understand that:

  • I am NOT a medical expert and in no way prescribe, treat or cure any medical or psychological condition. 
  • The results you get from purchasing any products or services will depend largely on your participation – the more you put in, the more you’ll get out.
  • I endeavour to support all of my clients in the best possible way, however questions can go missing. In the event that your question does not get answered, please email expressed@elissawilson.com and I’ll ensure the matter is resolved.
  • I endeavour to respond to all Voxer messages within 24 hours during the week.  Although I don’t have ‘set’ hours you will find that I will check in at least twice a day.  
  • Please note that my timezones may change over time however I am predominantly based in Brisbane, Australia AEST or GMT +10.
  • I may – at any point during our time together – change or modify the material or sessions if I feel it are necessary. This will not affect the outcome, and you will still receive the same deliverables as outlined on the sales page. This is in accordance with my dedication to providing an excellent experience.

SCHEDULING SESSIONS:

All sessions are scheduled via a ScheduleOnce Booking Page.  You should recieve a link to the correct page as part of your onboarding.  If you do not have a link please email expressed@elissawilson.com

It is your responsibility to schedule your own sessions via the Booking Page.  Please ensure that you choose times you know you will be available for.  If you do need to cancel an appointment, please give me as much notice as possible.  

For serial offenders and those that give no notice it is up to the discretion of myself, Elissa Wilson, if you forfeit any sessions. 

PRIVATE VOXER ACCESS:

If you have purchased a package you will be given access to me between sessions via the free Voxer app (for which you will need to sign up for a free account).

If you have any questions, or you need support or guidance, you can leave me a text or voice message via the Voxer app.

Please keep messages to around 2 minutes or under and be concise in what you want to say. 

I endeavour to respond to all Voxer messages within 24 hours, see above.

Please note that it is your responsibility to save / download any messages that you’d like to keep from Voxer, as messages may be removed from the app after a certain timeframe.

PAYMENT

All rates are expressed in Australian and are not charged GST.

Payment in full can be made by Direct Bank Deposit or online via the website.

Payment plans are set up using Stripe on an agreed plan.  If for some reason one of your payments cannot be processed successfully, your account shall be suspended until the payment is received. In addition, should you fail to make any payments required under this section, Elissa Wilson reserves the rights to recuperate such payments through any and all means necessary, including through a lawsuit or through the use of third-party collection firms. If it is necessary to pursue payment through these methods, Elissa Wilson is entitled to also recuperate any fees spent on collection efforts.

REFUNDS

Refunds are not available for any products or services, including packages.

When you invest in working with me, we’re both committing to giving our time, energy, and heart. 

My services are highly-personalised, where we’ll be working on developing strategies and processes to create your authentically expressed life. I won’t give you cookie-cutter formulas and expect you to fit yourself into them – this is a tailored approach, designed to help you get results on your own terms.

Ultimately, though, your results will be determined by what you bring to our time together.  It will almost be inevitable that you will be challenged along the way, and there may even be points where resistant really digs her/his/their heels in. 

For that reason, refunds are not available.

(In the extremely unlikely event that you’re not happy, I will work with you to put it right).

LIMITED CLIENT INTAKE

Due to the unique nature of the way I work and because I am focused on supporting you create authentic outcomes for yourself, I limit the number of clients I work with to make myself more available to you.   

With this in mind it supports me knowing in advance if you want to increase or decrease the frequency of our sessions.  This ensures that I can make more space for you or make more space available for others. 

INTELLECTUAL PROPERTY

You agree that all Products and Services delivered by Elissa Wilson contains proprietary information and materials, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, and sound recordings (collectively, “Product Content”) that are owned by Elissa Wilson and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including any sharing or social media sites, is considered stealing, and Elissa Wilson will prosecute such misconduct to the fullest extent permitted by law.

Elissa Wilson provides you with the Program solely for your personal, non-commercial use, and you agree that you will not use any of the Product Content in any way whatsoever except for use in compliance with this Agreement. You will not use any Product Content in a manner that constitutes an infringement of Elissa Wilson’s rights or that has not been authorized by Elissa Wilson. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Product Content. You may, however, from time to time, download and/or print one copy of individual pages of the Product Content for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

To be clear: please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Elissa Wilson, the Program, or the Product Content, or infringe on any of Elissa Wilson’s or its licensors’ intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights, trademarks, and other intellectual property rights in and to the Program and the Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by Elissa Wilson and/or its licensors, which reserve all of their rights, title, and interests in law and equity. THE USE OF THE PROGRAM, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF CERRIES MOONEY AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.

The trademarks, service marks, and logos of Elissa Wilson used and displayed in the Program are registered and unregistered trademarks or service marks of Elissa Wilson. Other company, product, and service names used and displayed in the Program may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Elissa Wilson Trademarks, the “Trademarks”). Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless the establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Elissa Wilson Trademarks inures to our benefit.

THIRD-PARTY MATERIALS AND WEBSITES

Elissa Wilson may provide links to third-party materials and websites as a convenience to you. These third-party materials and websites are not part of the Program, and they may be either withdrawn or terminated from the Program at any time without notice to you and without any liability to Elissa Wilson. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that Elissa Wilson is not responsible for examining or evaluating the content or accuracy of any third-party materials and websites, and Elissa Wilson does not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that Elissa Wilson will not be liable for your improper use of third-party materials and websites.

DISCLAIMER

THE PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. I DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PROGRAM.

WHEN ADDRESSING FINANCIAL MATTERS IN ANY OF MY PRODUCTS, WEBSITES, VIDEOS, NEWSLETTERS, PROGRAMS, OR OTHER CONTENT, I’VE TAKEN REASONABLE EFFORT TO ENSURE THAT I ACCURATELY REPRESENT MY PROGRAMS AND THEIR ABILITY TO HELP YOU GROW YOUR BUSINESS AND IMPROVE YOUR LIFE. HOWEVER, ELISSA WILSON DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS OR EARN ANY MONEY USING ANY OF MY PRODUCTS, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON MY WEBSITES OR IN MY PRODUCTS IS A PROMISE OR GUARANTEE TO YOU OF FUTURE EARNINGS.

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PRODUCTS IS AT YOUR SOLE RISK. BY PURCHASING A SUBSCRIPTION TO THE PROGRAM, YOU ACCEPT, AGREE, AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT ELISSA WILSON OFFERS NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (EXPRESSED OR IMPLIED) REGARDING YOUR EARNINGS, BUSINESS PROFITS, MARKETING PERFORMANCE, AUDIENCE GROWTH, OR RESULTS OF ANY KIND. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTIONS AND BUSINESS, WHICH ARE DEPENDENT ON PERSONAL FACTORS INCLUDING, BUT NOT NECESSARILY LIMITED TO, YOUR SKILL, KNOWLEDGE, ABILITY, DEDICATION, BUSINESS SAVVY, NETWORK, AND FINANCIAL SITUATION, TO NAME JUST A FEW. YOU ALSO UNDERSTAND THAT ANY TESTIMONIALS OR ENDORSEMENTS BY MY CUSTOMERS OR AUDIENCE REPRESENTED IN MY PRODUCTS, PROGRAMS, WEBSITES, CONTENT, LANDING PAGES, SALES PAGES, OR OFFERINGS HAVE NOT BEEN SCIENTIFICALLY EVALUATED BY ME, AND THE RESULTS EXPERIENCED BY INDIVIDUALS MAY VARY SIGNIFICANTLY. ANY STATEMENTS OUTLINED IN MY PRODUCTS, WEBSITES, PROGRAMS, CONTENT, AND OFFERINGS ARE SIMPLY MY OPINIONS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE. I OFFER NO PROFESSIONAL, LEGAL, MEDICAL, PSYCHOLOGICAL, OR FINANCIAL ADVICE.

ADDITIONAL TERMS & CONDITIONS

  1. A) GOVERNING LAW. You and Elissa Wilson have entered into this Agreement in Australia and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and Elissa Wilson, shall be determined in accordance with the laws of Australia, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
  2. B) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) ELISSA WILSON, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, SUCCESSORS, OR ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OF THE PRODUCTS OR PURCHASES HEREUNDER; AND (II) YOUR DIRECT DAMAGES SHALL BE LIMITED TO THE FEES YOU PAID FOR THE APPLICABLE PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
  3. C) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. We may assign this Agreement at any time without notice to you. You have no right to assign this Agreement, by operation of law or otherwise. The Products are non-transferable.
  4. D) TERMINATION. Elissa Wilson is committed to providing all customers with a positive experience. If you fail, or Elissa Wilson suspects that you have failed, to comply with any of the provisions of this Agreement, Elissa Wilson, in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Products and/or you participation in program without refund; and/or (b) terminate this Agreement. Your obligations to Elissa Wilson under this Agreement will survive expiration or termination of this Agreement for any reason.
  5. E) CHANGES. Elissa Wilson reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your access and use of the Products. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Products will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on Elissa Wilson’s website or you may be notified by either e-mail or postal mail. If you have any questions, please contact elissa@elissawilson.com.
  6. F) INDEMNIFICATION. By purchasing a subscription to the Program and/or using the Program, you, to the extent permitted by applicable laws, agree to defend, indemnify, and hold harmless Elissa Wilson, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your misuse of Products. You recognize and agree that all of Elissa Wilson’s owners, officers, directors, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of Elissa Wilson.
  7. G) BINDING ARBITRATION. In the event of a dispute arising under or relating to this Agreement or the Products (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Brisbane, Australia. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after the commencement of the arbitration. As set forth in Section 6(J) below, nothing in this Agreement will prevent the Company from seeking injunctive relief in any court of competent jurisdiction as necessary to protect its proprietary interests.
  8. H) CLASS ACTION WAIVER. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
  9. I) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of Elissa Wilson’s intellectual property rights and confidential and proprietary information by you, Elissa Wilson will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Elissa Wilson may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the courts in Brisbane, Australia for purposes of any such action by Elissa Wilson.
  10. J) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties.
  11. K) COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
  12. L) NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.