Terms of Use and Privacy Policy

Welcome to our website. The Terms and Conditions of this website (“Terms”), in conjunction with our Privacy Policy, govern your use of this website. By using this website you acknowledge that you have read, understood and agree to comply with, and be bound by these Terms.

Commitment to privacy:

This website is operated by Dr Monique Nesa Coaching, and our business registration number is ABN 21 575 209 011. Dr Monique Nesa Coaching (ABN 21 575 209 011) (“us”, “we” or “our”) is committed to safeguarding the privacy of our clients, staff, facilitators and participants in the program, ‘Nurture Me’ or ‘Nurture Me for Therapists' (the Program), in addition to those who visit the Program’s website or engage with the business or the Program on our social media platforms.The Business is bound by the Privacy Act 1988 (Cth) (Privacy Act), the Australian Privacy Principles, andother laws governing how health service providers handle your Personal Information and Sensitive Information (including information about your health).This Privacy Policy (Policy) sets out how we collect and treat your Personal Information and Sensitive Information. The Policy applies to our website www.drmoniquenesa.com www.drmoniquenesa.com.au, social media platforms on [Facebook, LinkedIn and Instagram] operated by the Business, and to the products and services provided by us in-person and online, including the Program.

Definitions

In this Policy:

“Personal Information” is categorised as information held by the business, that may identify you, or by which your identity might be reasonably determined. The information you provide us may include, amongst other things, your name, address, email address, phone number and occupation. It does not include

“Sensitive Information”. “Sensitive Information” means any information about an individual’s racial or ethnic origin, political opinions, membership of a political organisation, religious beliefs or affiliation, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preference or practices, criminal record or health information.

Collection of Your Data

To provide our services to you, The Business may receive and store Personal Information and Sensitive Information (together, ‘your Data’) that you enter onto our website, provide to us directly or give to us in any other form or by any other means.Your Data may include your:Contact details including name, phone number, address, occupation and email address;Payment and billing information, which we may use to bill you for our services and to process your payments (including credit card details);Health information (both physical and mental health) including information relating to injuries past or present, or whether you are pregnant;Personal history and family history; andOther information voluntarily provided by you.

Your Data is collected to ensure your safety and wellbeing, and that of other participants and facilitators of the Program, to send information, provide updates and process purchases of services and products provided by the business and the Program.

Sensitive Information, which includes the definition of your Data relating to your health, will not be collected unless you consent to the collection of that information.The business collects your Data from you in a variety of ways, including when you interact with us electronically or in person, when you access our [website] and social media, and when we provide our services to you.We may collect additional personal Data at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your contact or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with us in any other way.

Use of Your Data

Personal Information collected by us will only be used and disclosed for the purpose for which it was collected as set out below. This includes maintaining your account and contact details, providing you with our products and services, and processing payments.The business may use Personal Information collected from you to provide you with information and updates on our services, additional products, or opportunities available to you.We may use your Personal Information to improve our products and services and better understand your needs.We may from time to time use your Personal Information for another purpose where it would be reasonably expected by you or if permitted by the Privacy Act. This includes to effect or enforce a transaction, or procure advice from legal and accounting firms, auditors and other consultants.


Disclosure of Your Data

The business may disclose your Personal Information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.Personal Information is only supplied to a third party when it is required for the delivery of our services.We may from time to time need to disclose Your Data to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.We may use Your Data to protect the copyright, trademarks, legal rights, property or safety of The Business or The Program, its clients or third parties.

We will not disclose, sell, share or trade your Personal Information to any third parties unless we first receive your consent, except as set out in this Policy.Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.By providing us with your Data, you consent to the terms of this privacy policy and the types of disclosure covered by this policy. Where we disclose your Personal Information to third parties, we will request that the third party follow this policy regarding handling your personal information.


Security of Your Data

The Business is committed to ensuring that your Data is secure.The Business will take reasonable steps to protect your Data from misuse, loss, unauthorised access and modification or disclosure.We use commercially reasonable physical, technical and administrative measures to protect Data that we hold, including, where appropriate, password protection, encryption and SSL to protect our website.Despite taking appropriate measures to protect your Data used and collected by us, please be aware that no data security measures can guarantee 100% security all of the time. The transmission and exchange of information is carried out at your own risk.We cannot guarantee the security of your Data that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of your Data, we cannot assure you that your Data we collect will not be disclosed in a manner that is inconsistent with this privacy policy.You are solely responsible for maintaining the secrecy of any passwords and other account information pertaining to our Platform, apps or services.


Access to your Information

You may request details of your Data that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth).A small administrative fee may be payable for the provision of your Data. If you would like a copy of your Data which we hold about you or believe that any of your Data we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at [email protected] reserve the right to refuse to provide you with your Data that we hold about you, in certain circumstances set out in the Privacy Act.

Website

When you visit the website of [The Program], we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc.This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

Marketing Emails

We may send you direct marketing emails and information about products and services that we consider may be of interest to you. [If your business is communicating with clients by email, then it is bound by other laws including the Spam Act 2004 (Cth). These communications should be sent pursuant to restrictions and we recommend seeking independent legal advice with respect to this clause].If, at any time, you would like to stop receiving these promotional emails, you may follow the opt-out instructions contained in any such email. Please note that it may take up to 7 business days for us to process opt-out requests. If you opt-out of receiving emails or promotions from us, we still may send you emails about your account, any services you have requested or received from us, or for other customer service purposes. We do not provide your personal information to other organisations for the purposes of direct marketing.If you receive communications from us that you believe have been sent to you other than in accordance with this Privacy Policy, or in breach of any law, please contact us using the details provided below.

Coronavirus (covid-19) reporting requirements

In the event that staff, facilitators, participants or visitors of the Program contract or are suspected of contracting COVID-19, we may be required to disclose names and contact details of those people to relevant government agencies such as WA Health or other relevant bodies.

Complaints about privacy

If you have any complaints about our privacy practices, please feel free to send in details of your complaints to:

[email protected]

We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

Changes to privacy policy

Our Privacy Policy is subject to change. The Business may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website, or through distribution by email. Please check back from time to time to review our privacy policy.

Website terms of use

Dr Monique Nesa Coaching, (business registration number ABN 21 575 209 011) owns and operates this website operating through https://www.drmoniquenesa.com and https://www.drmoniquenesa.com,au (Website).

Access to and use of this Website and the products and services available through this Website (Services) are subject to the following terms, conditions and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

Amendments to Terms of Use

We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website after any notification of this type will represent an agreement by you to be bound by the Terms of Use.

Website

Access to this Website is permitted on a temporary basis. We reserve the right to withdraw or amend the Services or this Website without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entire Website.

Linked sites

This Website may contain links to other websites (Linked Sites), which are not operated by Us. We have no control over the Linked Sites and accept no responsibility for any loss or damage that may arise from your use of Linked Sites. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each Linked Site.

Privacy policy

Our privacy policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the process described in the privacy policy and promise that all data provided by you is accurate.

Online Purchases

Any online purchase of our services or products, digital or physical, will be regulated by our Online Purchase Terms found here. Things you must not do -

  • You must not misuse this Website. In agreeing to the Terms of Use, you warrant that you will not:

    • commit or encourage a criminal offence;

    • transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

    • hack into any aspect of the Service;

    • corrupt data;

    • cause annoyance to other users;

    • infringe upon the rights of any other person’s proprietary rights;

    • send any unsolicited advertising or promotional material, commonly referred to as “spam”;

    • or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

You understand and acknowledge that breaching this provision and these obligations would constitute a criminal offense and that we will report any breach of this type to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.

Intellectual property, software and content.

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain our property or the property of its licensors and are protected by copyright laws and treaties around the world. We reserve all such rights and our licensors’ rights. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Disclaimer of liability

Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law, we expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arisein contract, tort, equity, restitution, by statute, at common law or otherwise.

Linking to this website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice. Disclaimer as to ownership of trademarks, images of personalities and third party copyright. Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Us and you should not rely on the existence of such a connection or affiliation. Any trade marks and/ or names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Website Owner.

Indemnity

You agree to indemnify, defend and hold harmless us as Website Owner and our directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.

Variation

We reserve the right, in our absolute discretion, at any time and without notice to you amend, remove or vary the Services or any page of this Website.

Invalidity

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by contacting us as follows:

Dr Monique Nesa Coaching, and our business registration number is ABN 21 575 209 011

Email: [email protected]

Last update: 16th August 2024