Nervous System School

The Nervous System Certification Course Terms and Conditions

Congratulations on taking the first step to improving your health and expanding your knowledge! At Nervous System School we’re passionate about helping clients recover from chronic and traumatic stress by improving their vagal tone and autonomic nervous system, and teaching others to do the same.

We’re excited to have you join us in ‘The Nervous System School Certification’, where we’ll work with you to improve your personal and professional understanding of emotional regulation, psychological well-being and chronic health issues.

 

1. Our agreement

What is this agreement?

These are the online terms and conditions that apply to the Nervous System Certification (the Course).

These terms and conditions also incorporate our Terms of Use (found here insert URL) and any special conditions that apply to discount codes, gifts and disclaimers that can be found on our website.

If there’s a conflict between any applicable terms, the hierarchy is as follows: these terms and conditions; any applicable discount terms, and our Terms of use.

Who is this agreement between?

This agreement is between you (the person purchasing access to the Nervous System Certification Course) and Jessica Maguire Pty Ltd as trustee for the Jessica Maguire Trust (ACN 655 672 165).

How long will this agreement last?

This agreement will start when you accept it (and we’ve confirmed your acceptance) and will terminate once the parties have discharged their obligations under this agreement.

Where we say so in this agreement, certain terms will continue to apply once this agreement has been terminated (for example, terms about confidentiality and intellectual property).

How can changes be made to this agreement?

Please ensure that you’ve read these terms and conditions carefully as they can only be waived or varied in writing and signed by us. 

How can you accept this agreement?

You can accept this agreement by:

1. proceeding to purchase access to the Nervous System Certification Course on our website; or
2. clicking ‘I agree’ or a ticking a box next to those words.

In accepting our terms and conditions, you warrant to us that you’ve read and understood them.

 

1. Fees and payment

eCommerce

While we’re careful to ensure our website is accurate and up to date, we’re only human and from time to time, mistakes may occur (for example, a pricing error).

It’s important to understand that when you submit an order through our website, no agreement is formed with us until we process and accept your order and send you a confirmation.

If there’s been an error leading to your order (such as a pricing error), we may choose not to complete the order, but we’ll contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another).

If we’re unable to fill your order, we’ll process a full refund as soon as possible.

Payment

You agree to pay us the purchase price listed on our website. Our prices are listed in United States Dollars (USD) and include GST, unless we say otherwise.

We can change our prices at any time on notice by updating the prices on our website. Price increases won’t be applied to orders that have already been confirmed by us.

How you can pay us

We accept payment via the methods set out on our website, which may change from time to time.

If we accept payment through a third-party processer, this is for your convenience, and you agree to pay any third-party merchant fees or charges notified to you at the time of checkout.

If you make a payment using a third-party processor, you’ve told us that you’ve read and agreed to their terms and conditions. We’re not responsible for any issues, loss or damage arising out of your use of those facilities. If you have an issue with a third – party provider, please contact them directly.

What happens if you don’t pay us?

You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below) is a condition of this agreement.

If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges.

If after receiving reasonable notice from us, you don’t pay us, we can choose to do one or a combination of the following:

1. suspend or terminate this agreement (which may include suspending your access to the program);
2. charge interest on outstanding money at a rate of 10% per year from the date you owe us the money until you pay us; or
3. refer the matter to a debt collector or lawyer (you’ll have to pay their costs).

 

1. Discounts and store credit

Discounts, store credit and gift cards can only be redeemed for goods and services sold by us on our website.

They are non-transferable, not redeemable for cash and can’t be applied to postage costs.

	Expiry	Conditions
Discounts	Available for time stated, or for 7 days from the date of offer – whichever is sooner.	Only 1 discount applies at a time.
Store credit	Valid for 3 years from the date of issue.

 

1. Refunds

Australian Consumer Law (ACL) refunds

If you believe that your order fails to meet a consumer guarantee under the Australian Consumer Law (ACL), please submit an ACL-claim by email to us at [email protected].

We will require proof of purchase (order number or receipt) and a description of the   alleged issue. 

We will provide you with a remedy in accordance with our obligations under the ACL.

Claims under the ACL must be received within a reasonable time of access to and   participation in our Course, which we’ve determined based on the nature of the    services to be 7 business days.

Change of mind refunds

We only provide refunds in accordance with our obligations under the ACL.

 

 

 

1. Participating in our program

Accessing the Course

To access this Course, you must create an account during checkout by entering your email and nominating a password. Once your payment has been processed, you will receive a confirmation and welcome email with your login details which you can use to access the Nervous System Certification Course. If you have any technical problems accessing the Course please contact us for assistance by emailing [email protected].

When will access end?

Access to the Course will be revoked:

1. on expiry of the access period, as set out on our website; or
2. immediately on termination; or
3. as otherwise provided for in this agreement.

Release of Modules

The Course is comprised of live calls, self-directed small group calls and small group mentoring. After a module has been released, you will be able to access it using your login details.

Transfer of Risk

Once you have received the email with your login details, risk in the Course passes to you. It is important for you to ensure your login details are stored securely and there is no unauthorised access to the Course using your login details.

Conduct

You warrant that you will treat all other Course participants, including members of the Community or any other online communities with respect and to refrain from conduct which is otherwise illegal, discriminatory, harassing, threatening, sexist, defamatory, vilifying, bullying, trolling, misleading or deceptive.

You are prohibited from spamming our social media platforms, including any Community group you may have access to as part of the Course, or any other online community or participants personally in anyway, including but not limited to promoting your own business to our participants, posting unrelated content in the group, or otherwise attempting to recruit participants.

Failure to comply with this clause amounts to a breach of this agreement, which will entitle us to suspend or limit your access to the Course and/or to terminate this agreement.

 

Checking in first

Our Course features video-based learning modules, downloadable PDF worksheets, and access to an online community. If you are unsure how participation in the Course may affect you, you should discuss your individual circumstances with a medical professional before commencing.

Exposure to Triggering Content

Nervous System School aims to assist you in recovering from chronic and traumatic stress. Due to the nature of the content, you may be exposed to material that is triggering or otherwise psychologically distressing. If you experience distress at any point during the Course, you should remove yourself from the trigger and contact your doctor or psychologist. You should also make yourself aware of mental-health phone lines available in your area.

If you are in Australia, you can call Lifeline on 13 11 14.

If you are experiencing a medical emergency, call emergency services. If you are in Australia, call 000.

Participation in Activities

Throughout the Course, we may suggest undertaking a variety of physical activities and exercises to improve vagal tone and nervous system function. You understand and acknowledge that your participation in any activity throughout the Course is voluntary and undertaken at your own risk.

It is your responsibility to ensure that you conduct any activity or exercise in a safe environment. If you suffer from pre-existing medical conditions which may affect your participation in the Course, please consult your doctor prior to commencement. If at any time you experience distress, pain, or discomfort during an activity, discontinue the practice and contact your doctor.

The Vagus Nerve Masterclass and Vagus Nerve Program

It is a requirement that you have first completed our Vagus Nerve Masterclass and Program before accessing our Nervous System Certification Course. Please note that additional terms govern our Vagus Nerve Masterclass and Vagus Nerve Program

Linked Websites

In the Course, we may link to and from other websites that we think share our ethos and that we think you will find helpful. Those websites will have information collated and presented by third-party businesses, organisations, and individuals. Please note that we may include these links for your convenience, however we don’t necessarily endorse or support the views, opinions, standards, or information expressed on them. For your own safety, please make sure you check the protocols and standards of the linked websites before using them.

As the linked websites are run by third parties, we can’t warrant or represent that any of the information on them is up to date, complete or correct.  While we do our best to make sure we link to reputable websites, we can’t accept responsibility or liability for any loss, damage, cost, or expense you or anyone else might incur because you’ve used or relied on material on the linked websites, so please make sure you use caution and common sense while browsing online, especially if you’re making purchases.

Non-Disparagement

You acknowledge that we’ve established a valuable reputation and goodwill in Australia in the area of vagal tone and nervous system improvement.

Subject to law and our rights in connection with the enforcement of this agreement, we both agree that we must not:

1. disparage, permit or authorise the disparagement of the other; or
2. otherwise make, permit or authorise the making of any statement in anyway,

relating to or connected with any matters in dispute which is calculated or is reasonably likely to cause the other damage (including to our related entities, employees, or officers) unless the disparagement reflects a view which is honestly and genuinely held.

This clause survives termination of this Agreement.

 

Confidentiality

Our Courses are designed to be a safe space for all members to share openly and honestly.

It is an essential term of this Agreement that you agree to keep all Course participant information (Participant Confidential Information) strictly confidential and do not share it with any other person.

Participant Confidential Information that falls within the scope of this clause includes (but is not limited to):

1. the name and contact details of each Program participant;
2. any image, likeness or description of a Program participant (without limitation to the above, taking screenshots or photos of participants in a Course is strictly prohibited); and
3. any personal details shared by a Course participant (such as their occupation, place of birth or personal situation).

You acknowledge that you may also have access to certain confidential information belonging to Nervous System School, including (but not limited to) technical information and know how relating to the Program, the Website and us (Our Confidential Information).

You agree to keep Our Confidential Information confidential and not use or disclose it with our prior written consent.

You warrant to us that you will not use or disclose any Participant Confidential Information or Our Confidential Information other than as set out in this clause.

In the event of a breach or threatened breach by you of this clause, you acknowledge we will be irreparably harmed, and monetary damages will be an insufficient remedy. Accordingly, you consent to enforcement of this clause by means of temporary or permanent injunction and other appropriate legal or equitable relief in any competent court.

You agree the restrictions set out in this clause are reasonable and necessary to protect our goodwill and reasonable commercial interests.

This clause will survive termination of this agreement.

 

1. Advice, Information, and Instructional Videos

Disclaimer

Our Course has been designed by trauma-informed integrative former physiotherapist, Jessica Maguire. It has been designed to educate you in improving your autonomic nervous system and vagal tone.

Throughout the Course, we may give you advice, recommendations, information, instruction, or assistance in relation to improving your autonomic function and vagal tone in writing, verbally or in another format, believing it to be accurate, appropriate, and reliable at the time but we don’t give any warrant of accuracy, appropriateness, or reliability.

Important: The information, advice, and instruction we give are general in nature and are not intended to constitute or substitute for professional, medical, or psychological advice. You should seek appropriate professional medical or psychological advice suitable for your personal circumstances if necessary.

You should also consult with your doctor or health care professional before acting on recommendations or suggested changes to your lifestyle or health care. If at any time you experience an adverse health reaction you should seek professional medical attention immediately.

Where possible, information provided in our Course is supported by external research. We don’t give any warranty of accuracy, appropriateness, or reliability for third-party content. You should make your own enquiries into any research referenced throughout the Course.

We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide in the Course, unless otherwise required by law.

No Guarantees

Information that we provide to you in our Course has been prepared in line with emerging research in this area. We do not guarantee any method for improving vagal tone or function of the nervous system will work and individual results may vary. If you’re a health care professional, we do not guarantee that this method will work for your clients or that it is suitable for your clients.

We make the Course available to you, however you use the Course at your own risk. Everything in the Course is provided "as is" and "as available" – we don’t make any representations or warranties of any kind.

 

1. Promotion

You grant us permission to use and reproduce your name, photograph, or likeness, as well as evidence of services delivered (including testimonials), and results achieved to promote our business.

 

1. Recognition of completion

While our Nervous System Certification Course may enhance the personal knowledge of an attendee, including a health practitioner, it’s important that you recognise our Course is not formally accredited or certified by a third-party or national accrediting body.

Although we provide internal ‘certification’ that acknowledges our participants have completed our Course, the Nervous System Certification Course is not an accredited or nationally recognised Course. Any certificate of attendance or completion that we provide to you should not be taken, or held out to others, as evidence of this. 

Our internal ‘certification’ acknowledges your completion of our Course by providing you with a certificate of completion, as well as an intellectual property licence as set out below that permits you to our trade marks in a certain way.

 

1. Intellectual property

Our intellectual property

All of our content, including in the Course and in our website is subject to copyright and is protected by copyright under the laws of Australia and through international treaties. Unless we say otherwise, we own or control all intellectual property rights in our products and services. 

You acknowledge and agree that all intellectual property owned by us or to which we are entitled before and after this agreement with you is formed will remain our sole property and that nothing in this agreement transfers any ownership in the intellectual property to you.

Limited License

We grant you, our customer, a worldwide, non-exclusive, royalty-free, revocable license to access the Course and Course Intellectual Property in accordance with the terms of this Agreement, to copy and store the Course content in your device's cache memory and to print pages from the Course for your own personal and non-commercial use.

We don’t grant you any other rights whatsoever in relation to the Course or Website. You are not permitted to copy or share the Course Intellectual Property with any other person, including by sharing your Course login details. You are specifically prohibited from re-using the content contained in the Course for commercial use. You warrant to us that you will not use the content for any commercial use.

We may revoke this license immediately and without notice if we form the reasonable belief that you have breached any warranty given in this Agreement.

For the purposes of this clause, Course Intellectual Property means any works contained within the Course (including but not limited to videos, audio files, text, graphics, and code) in which Intellectual Property Rights subsist.

License on Completion

Once you have successfully completed the Course, as determined by us, we’ll provide you with a certificate of completion. Once you have been issued with a certificate of completion, we grant you a worldwide, non-exclusive, royalty-free, revocable license to use our registered trade mark, alongside the words ‘‘Nervous System School Trained’ to promote your completion of our Course.

 

You warrant that you will only use our trade mark in accordance with this license to promote your completion of the Course.

You warrant that you will not (and will not attempt to):

1. use our trade mark to compete with us;
2. hold yourself out as having a commercial relationship with us;
3. hold yourself out as being endorsed by us; and
4. in any way mislead consumers or the public generally about your use of our trade mark and association with us.

We may revoke this license immediately and without notice if we form the reasonable belief that you have breached any warranty given in this Agreement or if this Agreement is terminated.

In addition to any other rights we have at law, and to the maximum extent permitted by law, you agree to indemnify us on a full indemnity basis for any breach of this intellectual property clause including for any costs we incur in seeking legal advice on the breach and in taking legal proceedings against you.

This clause will survive termination of this agreement.

 

1. What happens if we disagree?

Dispute resolution

If we disagree about something that relates to this agreement, we both agree not to   go straight to court or a tribunal unless we need urgent relief, like an interlocutory   order.

We agree to follow the steps set out in this clause first.

1. First, the party with the issue needs to tell the other person about the issue in writing so they understand what the problem is. This written notice needs to include the outcome that the person with the issue wants and the action they think the other person needs to take to settle the issue.
2. Once the other person receives the notice of the issue, both parties agree to do their best to try and resolve the issue together within 20 business days.

If a dispute is declared, any communications between us are confidential and should    be treated as ‘without prejudice’ negotiations for the purpose of evidence law. This means that neither of us can use these communications if we go to court.

Mediation

1. If we can’t resolve the issue on our own, we agree to select an independent mediator to help us work through the problem. We have up to 7 business days to select a mediator together.
2. If we can’t agree on a mediator, then we both agree to ask the President of the Law Society in NSW to appoint a mediator for us.
3. If we must mediate, we agree to attend virtual mediation whenever possible, or else to go to mediation in NSW and split the fees of equally between us.

This clause will survive termination of this agreement.

 

1. Ending our agreement

We can end this agreement as set out in the below table or as otherwise provided for in this agreement.

Who can end the agreement	Circumstances for ending the agreement	Notice required
Either of us	Death, insolvency, bankruptcy, winding up or administration	No notice required, immediate right to terminate on written notice.
Either of us	Breach of this agreement   (Breach means that one of us doesn’t comply with a term of this agreement.   For example, you don’t pay us, or we don’t deliver the services).	The non-breaching party must give the other party written notice of their breach and provide 14 business days to fix their breach.   If the breach isn’t fixed within this period, the non-breaching party can terminate the contract immediately on written notice.   Where a major breach has occurred, including but not limited to:   You have failed to pay us or a direct debit payment has failed, and the payment has not been made within 7 business day of our demand; or Either one of us has infringed the other’s intellectual property rights or breached confidentiality,   the non-breaching party will be entitled to terminate the contract immediately on written notice.

 

 

How to end this agreement

Either party may terminate this agreement by giving notice in writing via email.

How to end this agreement

Either party may terminate this agreement by giving notice in writing via email.

What happens when it ends?

If this agreement is terminated, all rights and obligations accrued up to the date of termination are not impacted.

 

1. Limitation of liability

Liability under the Australian Consumer Law (ACL)

Australian customers are entitled to guarantees under the ACL. We can’t and won’t change these. We specifically exclude all other guarantees that might apply to our services.

Liability for breach of contract

To the maximum extent applicable by law, we specifically exclude all liability for breach of contract, other than in circumstances where you do not have access to an ACL claim for the same event. If you don’t have access to an ACL for the same event, our liability for breach of contract will be limited to total amount of fees paid under this agreement.

Other liability, including for negligence

To the maximum extent applicable by law, we specifically exclude all other liability to you, including for negligence.

Liability for consequential losses

To the maximum extent permitted by law, we exclude all consequential losses, however arising.

Limiting our liability to businesses

1. We warrant that we have rendered the services with due care and skill.
2. We don’t warrant our products or services will be error free or that it will meet all your needs or requirements. This limited warranty is the only warranty provided by us and is in lieu of all other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose.
3. Subject to legal limitations or restrictions applicable to this transaction, our liability for any breach of the limited warranty provided above is limited to the fees paid by you or the cost of re-supplying the product, whichever is less.
4. We specifically exclude all other liability to you however arising, including for negligence and consequential loss.
5. By accepting this agreement, you’re waiving, releasing, and discharging all claims you have or may have against us on an ongoing basis relating to our services.

Customers outside of Australia:

1. We warrant that we have taken reasonable care in preparing our products and have used reasonable skill and expertise in ensuring that our products are accurate and up to date to the best of our knowledge.
2. We don’t warrant our products will be error free or that it will meet all of your needs or requirements. This limited warranty is the only warranty provided by us and is in lieu of all other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose.
3. Subject to legal limitations or restrictions applicable to this transaction, our liability for any breach of the limited warranty provided above is limited to the fees paid by you or the cost of re-supplying the product, whichever is less.
4. By accepting this agreement, you’re waiving, releasing, and discharging all claims you have or may have against us on an ongoing basis relating to our services.
5. We specifically exclude liability for negligence.

This clause will survive termination of this agreement.

 

1. General
1. Time is of the essence in this agreement. No extension or variation of this agreement will operate as a waiver of this provision.
2. We won’t voluntarily assign or otherwise transfer our obligations under this agreement without your prior consent, however, we may sub-contract one or more aspects of the services, provided always that we will remain the head contractor and will be responsible for the delivery of services in accordance with this agreement.
3. This agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this agreement, and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the subject matter contained in this agreement.
4. If anything in this agreement is unenforceable, illegal or void, it is severed, and the rest of the agreement remains in force.
5. Any waiver by any party to a breach of this agreement will not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
6. Neither party will be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, riot, strike, war, pandemic, restrictions and prohibitions or any other actions by any government or semi government authorities, or major injury or illness of key personnel.
7. The law of New South Wales (NSW) governs this agreement, and the parties submit to the non-exclusive jurisdiction of the courts of NSW.
8. Notices
1. A notice or other communication to a party must be in writing and delivered to that party in one of the following ways:
2. delivered personally;
3. posted to their address, when it will be treated as having been received on the second business day after posting; or
4. sent by email to their email address, when it will be treated as received when it enters the recipient’s information system.
9. Interpretation
1. If we refer to a piece of legislation, this includes changes or updates to it, and instruments and regulations introduced under it.
2. Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
3. Headings are just for convenience, not for interpretation.
4. Grammatical forms of defined words or phrases have corresponding meanings;
5. Dates and times set out in this agreement are in reference to Sydney, New South Wales, Australia;
6. If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next Business Day;
7. References to a party are intended to bind their executors, administrators and permitted transferees; and
8. Obligations under this agreement affecting more than one party bind them jointly and each of them severally.
10. Definitions
1. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
2. Business Day means a day on which banks are open for business in Sydney, other than a Saturday, Sunday or public holiday.