Liz McComish
Purchase Terms and Conditions
Thank You for choosing Liz McComish.
These Terms and Conditions govern your purchase.
By clicking “accept” you agree to these Terms and Conditions.

 

• Purchase Services

 

1. The Website, www.lizmccomish.com is operated by Liz McComish (abn: 75 286 097 060) t/a Liz McComish of Beaconsfield WA 6162 Australia  (Liz McComish).
2. Access to and use of the Website, or any of its associated products or services is provided by Liz McComish.
3. The Website provides you with an opportunity to browse and purchase online courses, short courses and downloadables, workshops, retreats and events and book one-on-one services that have been listed for sale through the Website (collectively Products). You are also able to download a free resource (Freebie). The Website provides this service by way of granting you access to the content on the Website (Purchase Services). 
4. You have agreed to purchase a Product through the Website (Product).
5. These Terms and Conditions are to be read in conjunction with the payment page (Payment Page) and relevant Product information pages (Information Page) of the Website.

 

• Acceptance of the Terms

 

By clicking “accept” you agree to these Terms and Conditions.

 

• Personal Information

 

1. When purchasing a Product, you will be required to provide personal information such as your full name, password, postal and e-mail address.
2. You agree that all details that you have provided in completing the purchase are true and correct.

3. Your personal information is kept in accordance with the Liz McComish Privacy Policy which can be accessed via the Website (Privacy Policy).

 

• Purchase of Products 

• General

 

1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the Purchase Price listed on the Website for the Product (Purchase Price).
2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).
3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
4. Following payment of the Purchase Price being confirmed by Liz McComish, you will be issued with a receipt to confirm that the payment has been received and Liz McComish may record your purchase details for future use.
5. You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.
6. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Products Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
7. You agree that if You default on any payments due and payable under these Terms, any costs incurred by Liz McComish for steps taken to enforce payment terms will be recoverable and payable by You.

 

• Payment Plan

 

1. You have agreed to make payment of the Purchase Price via a payment plan with details outlined on the Product Information Page. 
2. By accepting these terms and conditions, you agree that Liz McComish will debit your original payment method on the dates outlined in the payment plan. 
3. In the event that a payment under a payment plan is not made as and when it is due, all remaining payments under the payment plan will become immediately due and payable from the date of the non-payment and your access to the Products will immediately be revoked.

 

• Cancellation and Refunds 

• 28 Day Nervous System Rest, Somatic Healing Space and Finding Freedom - Master Nervous System Regulation (Courses)

 

1. You must notify Liz McComish of an intention to cancel your involvement in the Course as soon as practicable through e-mail to [email protected] and abide by the following (Cancellation Policy).  
2. The Course is non-refundable. This means that if you wish to terminate the Course early, the Purchase Price is non-refundable. 
3. If you are paying through a payment plan, you are required to make all outstanding payments of the Purchase Price within 7 days of termination.
4. Liz McComish may change the Cancellation Policy at any time without notice with and bookings made in advance of the change will not be affected.
5. Liz McComish reserves the right to terminate your involvement in the Course for breach of these Terms with 7 days’ notice by e-mail. 
6. If Liz McComish terminates your involvement in the Course, you agree to pay Liz McComish for the portion of the services completed up to the date and time of termination. If you are paying through a payment plan, you are required to make all outstanding payments of the Purchase Price within 7 days of termination.
7. While Liz McComish makes every effort to ensure all published schedules and information is up to date, accurate and kept consistent for the duration of the Course, it reserves the right to make changes at any time should this be necessary. 
8. All aspects of the Course including the duration, speakers, schedule or other details of the Course may be cancelled, curtailed, altered, or modified without prior notice or obligation to you if Liz McComish deems it necessary to do. Should any actions be taken under this clause, a refund will not be issued.
9. There may be instances where Liz McComish will be required to pause the Course due to circumstances out of its control, including but not limited to illness, staffing, technical issues or other unforeseen circumstances (Leave Period). If Liz McComish is required to include a Leave Period, you will be advised and the Course term will be adjusted accordingly. You will be notified by Liz McComish of the new completion date and other relevant changes to details. No refund will be issued.

 

• Short Courses and Downloadables (Eproducts)

 

1. Eproducts are non-refundable. Please keep this in mind when making a purchase.

 

• Events, Retreats and Workshops

 

1. Liz McComish requires all bookings for events to be made via the third party ticketing platform provided (Ticketing Platform).
2. If you choose to create an account with the Ticketing Platform, you acknowledge and agree to be bound by the Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Ticketing Platform.
3. If an event, retreat or workshop is cancelled or rescheduled before the scheduled start date and time, for any reason whatsoever, refunds may be issued.  Liz McComish will communicate with ticket holders directly, or via the Ticketing Platform.
4. Liz McComish will not be liable for any loss or damage arising from any cancellation, rescheduling or alteration of an event. 
5. With the exception of clause 6.3 above, paid event fees are not refundable in any other circumstances.
6. Tickets may be transferred to another individual. To do this you must advise Liz McComish of the transfer in writing by email to [email protected].

 

• Somatic Therapy Services Bookings

 

1. Liz McComish requires all bookings for one-on-one Somatic Therapy Services to be made via the available booking system (Booking System).
2. If you choose to create an account with the Booking System, you acknowledge and agree to be bound by the Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Booking System.
3. Once you have completed your booking, you will be provided with a separate set of terms and conditions that will govern the Somatic Therapy Services.

 

• Online Course Delivery and Licence Information

 

If you are purchasing a Product that include access to an online educational platform the following clauses will apply.

 

• Each purchase of the Product grants to you access to the Product through the platform provided (Membership Portal). 

• When you purchase the Product, Liz McComish grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Product and any related software, content, equipment or other materials for your specific, non-commercial use only (Licence).

• The Licence is valid for the term as outlined on the Product information page (Licence Term). This means the Product will be viewable via the download link for the Licence Term only. After this time the Program will expire and you will no longer be able to access the Product. 

• The Product is intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Product materials, booklets, and access to any other aspect of the Product.  

• Delivery – Eproducts and Freebie

 

1. Eproducts and the Freebie are delivered are delivered as links to download sent via email following purchase or in the case of the Freebie, sign up. Should you not receive the email within 30 minutes of purchase or sign up please first check your spam folder and then contact [email protected]. 
2. Liz McComish will endeavour to respond to you as a priority and will not be liable for any issues concerning your e-mail account and inability to receive the Eproduct.

 

• Products Disclaimer

 

1. You understand that the activities offered through the Products at times require physical exertion. Liz McComish recommends that you consult your doctor and obtain any necessary approvals, including if you have chronic or recurring pain, are recovering from an injury, pregnant, postnatal, nursing or elderly, before undertaking any activities offered within the Products. 
2. You understand that the Products are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Products are not to be used as a substitute for counselling and mental health care. It is your exclusive responsibility to seek such independent professional guidance as needed. 
3. You agree that when you purchase a Product you are solely responsible for creating and implementing your own physical. mental and emotional well-being, decisions, choices, actions and results arising out of the Products or resulting from Liz McComish’s relationship with you, its educational materials, any third party content, and interactions with you. As such, you agree that Liz McComish is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Products it provides. 
4. You understand that in order to enhance the relationship and sessions with Liz McComish, you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Products.
5. You agree to release and discharge Liz McComish from and against all claims arising out of or in connection with provision of the Products. This release includes but is not limited to any claim for personal injury, damages and death of any participant which has received a Product from Liz McComish.

 

• Information Disclaimer

 

1. Liz McComish does not guarantee specific results or experiences through the use of the Products. Any information, advice, content or documentation provided through the Products, including in any online educational materials, Eproducts, within the Freebie, in the blog, podcast, on the Website or on any other related platform do not constitute medical, professional, psychological or other advice, and are provided for general information and guidance purposes only. 
2. All care is taken in the preparation of the information and published materials including in the Products, including in any online educational materials, Eproducts, within the Freebie, in the blog, podcast, on the Website or on any other related platform. Liz McComish does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. 
3. To the extent permissible by law, Liz McComish will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation in the Products, including in any online educational materials, Eproducts, within the Freebie, in the blog, podcast, on the Website or on any other related platform.

 

• Third-Party Contractors and Consultants

 

Liz McComish prides takes pride in delivering high-quality and enriching Services. Therefore, Liz McComish may, at any time and with sole discretion, outsource any of the Services to third-Party contractors or consultants, including guest speakers, without Your prior consent. Liz McComish will not be liable for any action or inaction, opinions, views or advice of any third-party. 

 

• Mental Health Services

 

Liz McComish Products may bring up difficult emotional and psychological matters for you. Liz McComish does not provide crisis support or access to professional mental health support and services. However, Liz McComish cares about you and wants you to be safe. You are encouraged to contact Lifeline (13 11 14), Beyond Blue (1300 224 636) or other similar services to ensure you receive appropriate guidance and support for your personal situation. 

 

• Warranty 

 

1. Liz McComish will use its best efforts and take all reasonable steps to help you achieve your desired results. However, Liz McComish makes no warranty that the Products will meet your requirements or that all clients will achieve the same results.

 

• The Products do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel your contract with Liz McComish and are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with the service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation. 

 

 
1. Liability

Liz McComish’ total liability arising out of or in connection with the Products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Product to you.

 

• Copyright and Intellectual Property Rights

•  Intellectual Property Rights

 

1. You agree that any works, documentation, materials, Program content or content of the Products, creative works or information of whatever nature produced or developed by Liz McComish or under Liz McComish’ direction pursuant to or in the course of providing the Products  will remain the sole and complete property of Liz McComish, whether such property is tangible or is in the nature of industrial and Intellectual Property Rights (including copyright, trademarks and rights of Confidential Information). 
2. There is no assignment of Intellectual Property Rights by Liz McComish to You pursuant to this Agreement.
3. Nothing in this Agreement affects the Moral Rights in any works, items, materials or information supplied pursuant to this Agreement.

1.   Indemnification

You hereby indemnify and agree to keep indemnified Liz McComish against all liability, losses or expenses you incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright in such literary and artistic works supplied as aforesaid.

 

• Mailing List Registration 

 

1. You may be given the option to register for the Liz McComish Mailing List (Mailing List).
2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

1. Email address
2. Phone Number
3. Postal Address
4. Name

1. If you choose to register for the Mailing List, you agree to receive promotional material, updates and other content from Liz McComish.

 

• Force Majuere

 

1. If circumstances beyond Liz McComish’s control prevent or hinder its provision of the Services, Liz McComish is free from any obligation to provide the Services while those circumstances continue. Liz McComish may elect to terminate these Terms or keep the Agreement on foot until such circumstances have ceased
2. Circumstances beyond Liz McComish’s control include, but are not limited to, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems

 

• Governing Law and Jurisdiction

 

These Terms are governed by the laws of Western Australia, Australia. In the event of any dispute arising out of or in relation to the Purchase Services or the Products, you agree that the exclusive venue for resolving any dispute shall be in the courts of Australia, situated in Western Australia, Australia.

 

• Severance

 

Any provision of these Terms which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provisions in any other jurisdiction.

 

• Marketing 

 

You agree that any testimonials that may be provided by you from time to time may be used by Liz McComish for marketing purposes. 

 

• Entire Agreement and Modifications

 

Both you and Liz McComish confirm and acknowledge that these Terms and Conditions, Product Information Page, Payment Page and Website Terms and Conditions of the Website constitute the entire agreement between you and Liz McComish and shall supersede and override all previous communications, either oral or written, between the parties.