Terms

Of Service

General terms

1. About Me.

My name is Stephanie Bartlett, and I provide business, health, wellness and yoga information, instruction and coaching, both online and in person (“the Services”) and I conduct other activities such as workshops and events (“Activities”) under my business name, StephBartlett.  Any references in my Terms of Service to “my”, “me” and “I” are references to StephBartlett.

 

2. About You.

“You” are a user of my Services and/or a participant in my Activities.  When you provide me with your email, or access or engage me to provide any Services or Activities promoted on my website at www.stephbartlett.com, (“Website”) you agree to my Terms of Service.  If you disagree with any part of my Terms of Service, you do not have permission to use my Website, receive Services from me or participate in my Activities.

3. Our Agreement

This Agreement applies and relates to the provision of Services and Activities by Me to You.  My Terms of Service include my Privacy Policy.

 

4. If you are not yet 18

4.1 You must be over the age of 18 to access and use my Services and participate in my Activities unless you have provided me with consent from your guardian. By providing me with your information without informing me that you are under the age of 18, you are representing to me that you are 18 years of age or older.

 4.2 Please email me, or ask your parent or guardian to email me, for a consent form if you are under the age of 18 and wish to access my Services, engage me to provide Services to you or participate in my Activities.

 

5. I will send you information about my Services and Activities

When you sign up to my mailing list or enrol to participate in any of my Activities, you agree to subscribe to my newsletters, marketing, and promotional material.   

 

6. Monthly Nurture & Nourish Yoga Collective Membership

 When you sign up to my Monthly Nurture & Nourish Yoga Collective Membership you:

6.1 agree to provide your credit card details and authorise payment to me of the non-refundable Monthly Fee specified in the registration form upon registration (“the Monthly fee”);

6.2 understand that the Monthly Fee is payment for membership of the Monthly Nurture & Nourish Yoga Collective Membership for one month from the date of payment; 

6.3 agree that the Monthly Fee will be paid by automatic credit card payment each month until you cancel your membership.  If you cancel your membership, you will not be charged any further Monthly Fees unless you sign up again. 

6.4 agree that if you cancel your membership, your membership will end on the next date that your Monthly Fee would have been payable if you had not cancelled your membership.

 

7. If you are or may be pregnant

7.1 My yoga exercises, classes and activities are not suitable for anyone who is pregnant or who thinks that they may be pregnant; if you are pregnant or you think that you might be, you should not participate in my yoga exercises, classes or activities.

7.2 By purchasing a Monthly Nurture & Nourish Yoga Collective Membership, or by not cancelling an Online Nurture & Nourish Yoga Collective, you are representing that you are not pregnant or do not believe that you may be pregnant.

7.3 If you have purchased a Monthly Nurture & Nourish Yoga Collective Membership and then learn that you are pregnant, I strongly advise that you cancel your Monthly Nurture & Nourish Yoga Collective Membership immediately and that you cease practising the exercises.  

 

8. Online Programs

8.1 From time to time, I run a challenge for a specified period of time, or a single or series of online individual or group activities (“Online Programs”).  To facilitate these programs, I may create a Facebook group that is accessible only to me as administrator and to other members of the program.

 8.2 When you sign up to an Online Program, you agree to: 

8.2.1 pay the specified non-refundable fee upon registration; and

8.2.2 where the Online Program requires your participation in a Facebook group, to use your active Facebook account to join and participate in the relevant Facebook group Online Program and to access the Services related to it.  You accept that if the Online Program includes participation in a Facebook Group, if you do not have an active Facebook account you will not be able to participate in the Online Program.

 

9. Other Services and Activities

When you engage me to provide you with, or when you enrol to participate in, Other Services and Activities (that is, those which are not the Monthly Nurture & Nourish Yoga Collective Membership or Online Programs), you agree: 

9.1 to pay the quoted fee for that Service or Activity upon engagement or by instalments as agreed with me; 

9.2 that, subject to the exercise of my discretion as per clause 14.4, such fee is non-refundable.

 

10. My materials

I provide a plethora of information on health, wellness, yoga and related content on my Website. By accepting my Terms of Service, you understand and accept that:

10.1 the Services and Activities that I provide, and run are not medical services and that they do not amount to medical advice.  

10.2 I have copyright in all of the content produced by me and which is available on my Website (“my materials”), and you agree:

10.2.1 that my materials are for your personal use only, which means that you may not use them for the education of others, or in a public setting, unless by special arrangement with me and only with my express written permission for such special arrangement; and

10.2.2. not to modify, create derivative works from, participate in the sale of or otherwise profit from my materials. 

 

11. Third Party Applications

 In order to provide my Services to you and to run Activities, I need to utilise the websites and web applications of third parties, such as but not limited to Hey Marvelous, Flodesk, Facebook, Acuity, Timely and Stripe (“Third Party Providers”).  

11.1 In order to participate in some of my Services and Activities, you may be asked to consent to the terms and conditions of certain Third Party Providers and you accept that my provision of Services and Activities to you will in such instances be subject to such consent by you.

11.2 You acknowledge that I have no control over, and that I assume no responsibility for, the content, terms and conditions, privacy policies, practices or actions of any Third Party Providers. 

11.3 I will not be liable for any loss, damage or claim caused or alleged to be caused, directly or indirectly, by or in connection with the use of or in reliance of Third Party Providers.

 

12. Risk of Participation

You accept that the risk of participation in and use of any of the Services that I provide and the Activities that I run, including but not limited to the content on my Website, in E-Books, or in any live or online classes or activities including yoga classes, workshops, events, business or health coaching, rests with you.

12.1 Before starting any new exercise program, including a yoga program, you should consult with your own doctor.

12.2 If you are unsure about any aspect of my Services or Activities, including how you might cope with your participation in any classes or programs, you agree to discuss your concerns with your own doctor and allied medical health experts before participating in, using, or continuing with the Services or Activities.

12.3 You accept that it is very important that you discuss any concerns that you might have with your own doctor and/or allied medical health experts, because I will not accept any liability for any harm or injury caused to you as a result of your participation in or use of any of my Services or Activities or in any way related to the same, and by agreeing to my Terms of Service, you also agree that you indemnify me for any such harm or injury directly or indirectly caused to you as a result of your participation in or use of any of my Services or Activities.

 

13. Termination by Me

I may terminate or suspend the provision of any or all of the Services to you or prevent you from participating in any of the Activities, at any time if you breach the Terms of Service or if I deem it reasonable to do so.

14. Termination by You

You may terminate my provision of the Services to you or your participation in Activities by:

14.1 unsubscribing to my mailing list by clicking the “unsubscribe” link at the bottom of any emails from me, at any time; 

14.2 in relation to the Monthly Nurture & Nourish Yoga Collective Membership, by (a) logging into your account; (b) clicking on the “My Account” tab located in the top right hand corner of the webpage; (c) clicking on the drop down menu for the Monthly Nurture & Nourish Yoga Collective Membership; and (d) selecting “cancel subscription”;

14.3 in relation to an Online Program by emailing me at hello@stephbartlett.com. Online Program fees are not refundable.

14.4 In relation to any other Services or Activities, by emailing me.  Unless there are special circumstances and we agree, I do not provide refunds for amounts pre-paid for Services and Activities.

   

15. South Australian laws apply

I am a South Australian small business, and so the laws of South Australia apply to these Terms of Service and to “StephBartlett” Services generally.  In the event that there is any dispute related to your use of my Services or participation in Activities that progresses to court litigation, you agree that the non-exclusive jurisdiction of the South Australian courts will apply. That said, I will make every endeavour to settle any disputes arising out of our Services and Activities amicably and without resort to court action.

 

16. Updating this Agreement

16.1 I may need to update my Terms of Service from time to time, and I reserve the right to do so at any time and without prior notice.  If I do, I will publish the new Terms of Service here.

 My Terms of Service were last updated on 24 March 2023