Terms & Conditions

Last updated: 01/12/2023

1. About the Website

1.1 Welcome to www.lizmccomish.com (Website). 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).

1.2 The Website is operated by The Website, www.lizmccomish.com, is operated by Liz McComish (abn: 75 286 097 060) t/a Liz McComish (Liz McComish). Access to and use of the Website, or any of its associated Products are provided by Liz McComish. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3 Liz McComish reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Liz McComish updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

2. Personal Information

2.1 When purchasing a Product, you will be required to provide personal information such as your full name, password, postal and e-mail address.

2.2 You agree that all details that you have provided in completing the purchase are true and correct.

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

3. Purchase of Products

3.1 General

(a) 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).

(b) Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (Payment Gateway Providers).

(c) 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.

(d) 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.

(e) 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.

(f) 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.

(g) 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.

3.2 Payment Plan

(a) You have agreed to make payment of the Purchase Price via a payment plan with details outlined on the Product Information Page.

(b) 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.

(c) 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.

4. Cancellation and Refunds

4.1 28 Day Nervous System Reset, 14-Day Challenge, Somatic Healing Space Membership and Finding Freedom - Master Nervous System Regulation and other programs and courses offered by Liz McComish (Courses)

(a) 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).

(b) The Course is non-refundable. This means that if you wish to terminate the Course early, the Purchase Price is non-refundable.

(c) 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.

(d) 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.

(e) Liz McComish reserves the right to terminate your involvement in the Course for breach of these Terms with 7 days’ notice by e-mail.

(f) 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.

(g )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.

(h) 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 Emodime deems it necessary to do. Should any actions be taken under this clause, a refund will not be issued.

(i) 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.

4.2 Short Courses and Downloadables (Eproducts)

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

5. Events, Retreats and Workshops

5.1 Liz McComish requires all bookings for events to be made via the third-party ticketing platform provided (Ticketing Platform).

5.2 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.

5.3 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.

5.4 Liz McComish will not be liable for any loss or damage arising from any cancellation, rescheduling or alteration of an event.

5.5 With the exception of clause 5.3 above, paid event fees are not refundable in any other circumstances.

5.6 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].

6. Somatic Therapy Services Bookings

6.1 Liz McComish requires all bookings for one-on-one Somatic Therapy Services to be made via the available booking system (Booking System).

6.2 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.

6.3 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.

7. Online Course Delivery and Licence Information

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

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

7.2 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).

7.3 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. Unless otherwise stated on the Product Information Page, the access period for all products is 8 months from the date of purchase.

7.4 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.

8. Delivery – Eproducts and Freebie

8.1 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].

8.2 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.

9. Products Disclaimer

9.1 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.

9.2 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.

9.3 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.

9.4 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.

9.5 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.

10. Information Disclaimer

10.1 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.

10.2 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.

10.3 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.

11. 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.

12. Warranty

12.1 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.

12.2 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.

13. 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.

14. Copyright and Intellectual Property

14.1 You acknowledge that the Website, the Purchase Services, the Course content, Liz McComish’s name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by Liz McComish or its affiliates, licensors, or suppliers whether displayed on the Website, social media accounts, blog or on any other related platform (Content).

14.2 You hereby indemnify and agrees to keep indemnified Liz McComish against all liability, losses or expenses incurred by Liz McComish in relation to or in any way directly or indirectly connected with any breach of intellectual property rights of Liz McComish or any third party by you or your agents.

14.3 You may not, without the prior written permission of Liz McComish and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

14.4 For any services which enable you to use any software, content, equipment or other physical or non-physical materials owned or licensed by Liz McComish, Liz McComish grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific services, and any related software, content, equipment or other materials for your specific, non-commercial use only.

15. Privacy

Liz McComish takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Liz McComish’s Privacy Policy.

16. Third-Party Contractors and Consultants

Liz McComish 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.

17. General Disclaimer

17.1 You acknowledge that Liz McComish does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

17.2 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

17.3 Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(b) Liz McComish will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

17.4 Use of the Website, the Purchase Services, and any of the Products of Liz McComish is at your own risk. Everything on the Website, the Purchase Services, and the Products of Liz McComish, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Liz McComish make any express or implied representation or warranty about its Content or any Products or Purchase Services referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

(d) the Content or operation in respect to links which are provided for your convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

18. User Generated Content

18.1 If you choose to contribute any content to the Website or any other platform operated by Liz McComish, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).

18.2 By contributing content to the Website, you grant Liz McComish a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Liz McComish.

18.3 Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree Liz McComish can use that information with your User Content for advertising and promotional purposes, or any other business purpose

18.4 You confirm you own or have the right to use any copyright material included in Your Content (including replies to Liz McComish social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Liz McComish. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

18.5 Please ensure you keep your own copies of Your Content as Liz McComish may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

18.6 Liz McComish will endeavour to provide you with an appropriate credit when using Your Content on Liz McComish platforms, though you understand and agree this may not always be possible.

18.7 Liz McComish reserves the right to remove Your Content at any time. Your Content must not be malicious, libellous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

19. Mailing List Registration

19.1 You may be given the option to register for the Liz McComish Mailing List (Mailing List).

19.2 As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) Email address

(b) Name

(d) Phone Number

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

20. Limitation of Liability

20.1 Liz McComish's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Liz McComish is the resupply of information or Purchase Services to you.

20.2 You expressly understand and agree that Liz McComish, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

20.3 Liz McComish is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Liz McComish, by third parties or by any of the Purchase Services offered by Liz McComish.

21. Indemnity

You agree to indemnify Liz McComish, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

22. Venue and Jurisdiction

The Purchase Services offered by Liz McComish is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.

23. Governing Law

The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

24. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

25. Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.