Terms and Conditions of Use

 

Preamble

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If you are in an emergency, please dial 000 (in Australia), or otherwise contact emergency services in your location.

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You acknowledge that by making the one-off payment, you will be granted access to the Content for the life of the site. 

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These terms and conditions of use (Terms) apply to your use of the Fvck Feelings Program developed by Dr Amy Manuel, trading as Making Friends with Feelings (ABN 41 688 451 836) (MFWF, we, us, our) program (Content).

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By accessing or using the Content, you acknowledge that you have read, understood and agree to be bound by these Terms.  If you do not agree to be bound by these Terms, you must not use the Content.

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We may amend these Terms from time to time, without providing notice to you, by posting an updated version of these Terms on the Content.  Any amendments will be effective immediately upon being posted.  You should regularly check these Terms for any amendments.  If these Terms are amended, you must follow the updated Terms.  By continuing to use the Content, you agree to be bound by the updated Terms.  If you do not agree to be bound by the updated Terms, you must stop using the Content.

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YOU SHOULD BE AWARE OF SEVERAL KEY TERMS

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In this summary we outline some of the key terms that apply to you. This summary is designed to assist you by disclosing certain terms that affect you.  However, it is not a substitute for reading and understanding these Terms, and it is not intended to substitute, expand or amend these Terms.  Please contact us if you have any questions.

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Limitations of our liability

Our liability to you and certain third parties is limited under these Terms (to the extent permitted by law including the Australian Consumer Law) and our liability for certain types of Loss is excluded. These limitations and exclusions of liability generally apply to any Loss suffered by you in connection with your use of the Content, except where the Australian Consumer Law prohibits us from limiting or excluding our liability.

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Your liability and warranties

Your access to, and use of, the Content is at your own risk.  Among your other obligations under these Terms, you will be responsible and liable for: (a) use of the Content by any person who has access to your login details and password; (b) internet access, data download and other network charges arising from your use of the Content; and (c) the operation, maintenance and security of your Device.

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Terminated or blocked access to the Content

We may decide to block your access to the Content (which we may do, for example, for security reasons).  We may request that you cease any conduct which is contrary to these Terms and it is your obligation to comply immediately with these requests.

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Suspended access and modifications to the Content

We reserve the right to: (a) suspend your use of, or withdraw, the Content and/or any of its features or components; and (b) add to, amend, remove, or disable access to, any part of the Content and/or any of its features or components, in each case at any time and for any reason, without notice to you.

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Personal information and marketing  

We may collect, use and disclose your personal information in accordance with our Privacy Policy. For more details, please read our Privacy Policy

 

 

Definitions

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In these Terms, unless the context otherwise requires:

(a) Content has the meaning given in the 'Preamble' section above.

(b) Australian Consumer Law has the meaning given in the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time;

(c) Consumer has the meaning given in the Australian Consumer Law;

(d) Device means your own internet-enabled device that is compatible with the Content and has a current and working internet connection;

(e) Loss means all liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise;

(f) Order has the meaning given to it in the 'Placing Orders' section of these Terms;

(g) Payment Partner means a third party payment platform or gateway used and authorised by STRIPE, Paypal, Apple Pay, Google Pay, Afterpay (as selected by you) to facilitate or process payments made by you for Orders;

(h) Platform has the meaning given to it in the 'Placing Orders' section of these Terms.

(i) Terms has the meaning given in the 'Preamble' section above; and

(j) Website has the meaning given to it in the 'Placing Orders' section of these Terms.

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Licence

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All copyright and other intellectual property rights in the Content (including all trade marks appearing on the Content) are owned by us and/or our licensors. 

If you have your own validly issued (or validly registered) login details and password which may be used to access the Content, we grant you a revocable, non-transferable, non-exclusive, royalty-free, personal licence to use the Content on your Device for your own purposes, and to download and print out a copy of the information available from the Content for your own personal use.

You must not (and must not attempt to):

(a) except as expressly permitted by the above licence, use or copy any part of the Content without our prior written consent;

(b) distribute, translate, modify or tamper with, any part of the Content;

create derivative works of, or from any part of, Content;

(c) sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms; or

(d) permit or assist any person to engage in any act described in paragraphs (a) to (d) above.

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User Account

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You must create an account with us to access and use the Content (User Account).  To create a User Account, you must be at least 18 years old or, if under the age of 18 years old, you must be under the supervision of a parent or legal guardian who is at least 18 years old. You must also comply with the wix.com Terms of Service.

 

If you create a User Account, you must:

(a) provide us with accurate and current personal information, including your name, and a valid email address;

(b) obtain or register login details and password as required by us, and use them in the manner we direct from time to time in order to access and use the Content;

(c) keep your login details and password for the Content confidential, and not share them with any person, or allow any other person to use the Content using your login details or password; and

(d) promptly notify us by email to if:

(i) there is any change to any of the contact or other details you register with us; or

(ii) you have reasons to believe that another person is aware of your password for the Content - in which case, you must immediately take steps to re-secure your User Account (including by changing your password).

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We may decline to provide you login details or a password, or to permit you to register login details or a password, for the Content in our sole discretion.

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If another person uses your login details or password for the Content, you are responsible and liable for the use that person makes of the Content with your login details or password, as if that use of the Content was by you.

 

Placing Orders

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You may request access to the Content on our website  (Website) by clicking on the content and filling in your billing details as prompted (Order).

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We reserve the right to accept or reject any Order, or part of any Order, made by you. If we reject an Order and you have paid for the Content then, subject to applicable laws and unless otherwise stated in these Terms, we will provide a refund via the payment method originally used to pay for the Order.  We are not responsible for any Loss suffered or incurred by you or any third party because of the rejection of an Order in accordance with these Terms.  We will notify you if your Order has been rejected by using the email address you provide to us.

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Description of the Content

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Descriptions of the Content advertised, provided and made available on our Website are subject to change at any time without notice (including because some of the information about the Content is based on material provided by third parties). While we will use reasonable endeavours to do so, and subject to your rights under the Consumer Guarantees, we do not guarantee that the information contained on our Website or on the Platform is always accurate and up-to-date.

We reserve the right:

(e) to discontinue or suspend your access to the Content at any time, without notice to you;

(f) to cancel any promotion, discount, coupon or incentive without an expiry date at any time, without notice to you; and 

(g) to change any description or other information related to the Content displayed on our Website or on the Platform.

 

Subject to these Terms and to the extent permitted by law including the Australian Consumer Law, we exclude any liability resulting from the discontinuance, suspension or cancellation of, or change to any information related to, the Content.

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Price

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Unless stated otherwise, all prices displayed on our Website and the Platform are quoted in Australian dollars and, where applicable, are inclusive of GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)) and all other taxes.   

We reserve the right to change any pricing related to the Content displayed on our Website or the Platform. However, such change will not apply to Orders already paid for.

 

Payment

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Payment may be made by credit card, Pay Pal, Apple Pay, Google Pay, or Afterpay (where available).

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You must be fully entitled to use the payment method used for purchases.  If a particular service is not available to you, then you may use another valid payment method.

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We may use Payment Partners to process payments made for Orders.  By submitting an Order for the Content you agree that, before your Order is accepted, security checks may be performed (including by the relevant Payment Partner).  Without limiting the foregoing, such checks may include transmitting the credit card number you provided to validate the credit card, to obtain an initial card authorisation, to conduct loss minimisation and anti-fraud measures and/or to authorise individual purchase transactions.

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Payment of the full price of an Order (including applicable GST, other taxes and applicable charges as notified from time to time) must be received by us before we can accept your Order. The payment method must have sufficient funds, credits or other payment facilities to cover the purchase.  If payment cannot be processed, your Order will be rejected and you will be notified of this by email to the address you provide us.  We are not responsible for the decisions of Payment Partners to allow you to use their service, or provide any assurances or warranties about them.

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After payment for the Order has been successfully processed, you will receive an email confirming that Order with an invoice that indicates the total amount paid by you.

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Rebates

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You acknowledge and agree that payments made in connection with an Order and for the Content are not eligible for Medicare rebates or private health insurance benefits, even where the Content is used during a session with Serendipity Psychology (ABN 41 688 451 836).

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Refunds

If there is a problem with the Content you have ordered, please email us at support@makingfriendswithfeelings.com.au and provide evidence of the problem, as you may be entitled to a remedy under the Consumer Guarantees regime (for example, repair, replacement, or refund). 

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Use of the Content

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You must procure your own internet access and Device to access and use the Content.  You are responsible for all internet access, data downloads and other network charges arising from your use of the Content and you agree that we have no responsibility or liability for those charges.

 

You are responsible for the operation and maintenance of your Device and for ensuring the Content is accessible from your Device.  This includes installing a compatible operating system (if applicable) for accessing and using the Content on your Device.

 

You must not use (or attempt to use) the Content:

(a) for any unlawful or dishonest activity, or any activity prohibited by these Terms;

(b) to access, transmit, publish or communicate material which:

(i) is false, inaccurate, misleading, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, or otherwise unlawful;

(ii) is xenophobic, racist, abusive, harassing or hateful;

(iii) is invasive of a person’s privacy or constitutes personal abuse directed at other users;

(iv) is unsolicited or constitutes spam, commercial advertising, the promotion of gambling or the promotion of your own site, business or organisation;

(v) contains a virus or other harmful code;

(vi) infringes a person's copyright or other rights (including any other intellectual property rights); or

(vii) contains links to other sites that contain or promote the material identified in paragraphs (i) to (vi) above;

(c) to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;

(d) in any way that may bring negative exposure or harm to us, our suppliers or other users of the Content (including by linking the Content or any part of it in a way that damages or takes advantage of any person's reputation such as:

(i) by implying or suggesting that you have any kind of association or affiliation with that person, or approval and endorsement from that person when there is none; or

(ii)in a way that is illegal or unfair); or

(e) in any way that may cause us, our suppliers or other users of the Content to incur liability to a third party.

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In addition, you must not do (or attempt to do) any of the following:

(a) use data mining, robots, screen scraping or similar data gathering and/or extraction tools on the Content; or

(b) interfere with the security-related features of the Content. 

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We may ask you to cease any conduct which we believe is contrary to these Terms, and you must immediately comply with any such request.  We may at any time terminate and block your access to the Content or the services provided by the Content if we have a reasonable basis to conclude you are in breach of these terms or Law.  In addition, we may refer fraudulent, abusive or illegal activity to the relevant authorities.

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Performance of the Content

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We will use reasonable endeavours to make the Content available during our normal business hours.  However, the availability of the Content depends on various third-party suppliers, and accordingly, we do not warrant or guarantee that:

(a) you will be able to use the Content at any time; 

(b) your use of the Content will be continuous, uninterrupted, secure or error-free;

(c) the Content will be updated; or

(d) any defect will be corrected.

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You agree that the Content may not be available for use from time to time, and that you may be disconnected from your use of the Content at any time for any reason, including if:

(a) any network connection difficulties occur;

(b) the systems providing those services are unavailable for any reason (including so that maintenance can be performed);

(c) you breach any of these Terms; or

(d) we decide to terminate your access to those services for any reason.

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We make no guarantee as to the reliability or performance of the Content.  The performance of the Content depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the Content and the systems that support it.

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The information available through the Content is subject to updates from time to time (including because some of that information is based on material provided by third parties) and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy.  Accordingly, we cannot and do not warrant or guarantee that the information you obtain through the Content is or will be current, complete or accurate at all times.  You agree that you will make your own enquiries to determine whether the information you obtain through the Content is current, complete and accurate before using or otherwise relying on it.  Subject to the 'Liability' section below, we are not responsible for any Loss you suffer or incur as a result of your failure to comply with this paragraph.

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Additionally, by using the Content you agree that the information available through the Content is general and educational in nature and is intended only to provide generic educational content about various skills helpful to the individual management of emotional needs.  It is not intended to be used as, and must not be used as, medical, psychological or therapeutic advice or treatment, or used for emergency medical care, and you agree that accessing or using that information does not create a doctor-patient or other similar relationship with us.  You must not rely on the information available through the Content for medical or therapeutic treatment or mental health support, and should instead obtain medical, clinical or other advice appropriate to your circumstances.

 

Security

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In order to access and use the Content and its features as intended, you must:

(a) enable the Content to use cookies; and

(b) grant the Content any other permissions and access to your Device that it requires from time to time.

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If you do not grant these permissions and this access, you may be unable to use the Content or some of its features.

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The Content uses the internet to provide services and information.  By using the Content, you agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Device.

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We do not warrant or guarantee the security of the Content. You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.

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Liability

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You understand and agree, to the maximum extent permitted by law, that:

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(a) We are not liable for death, a physical or mental injury (including the aggravation, acceleration or recurrence of such an injury), the contraction, aggravation or acceleration of a disease, or the coming into existence, the aggravation, acceleration or recurrence of any other condition, suffered by the entrant unless the death or significant personal injury is caused by our reckless conduct (as the term is defined in the Competition and Consumer Act 2010 (Cth)); and

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(b) Subject to the above clause (a), we will not be liable to you in contract, tort (including negligence), or otherwise, for any Loss suffered or incurred by you or any other person in connection with the Content, except to the extent the Loss is caused by our negligence, reckless conduct (as that term is defined in the Competition and Consumer Act 2010 (Cth)) or any malicious, criminal or fraudulent or wrongful acts by us.

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Confidentiality

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If you access any Confidential Information using the Content, you must:

(a) keep such Confidential Information confidential;

(b) use such Confidential Information only in accordance with these Terms; and

(c) not disclose such Confidential Information to any person (other than a director, officer, employee or partner of the organisation you represent, who is obliged to keep that information confidential).

 

The obligations in paragraphs (a) to (c) above will continue to apply even if your access to the Content is disabled, terminated, suspended or withdrawn.

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In these Terms, Confidential Information means the information obtained through the Content, except for information which is in, or which enters, the public domain otherwise than as a consequence of a breach of these Terms.

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Privacy

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For information regarding how we may handle your personal information, please refer to our Collection Notice and Privacy Policy. By continuing to use the Content, you agree to the Privacy Policy.

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Third party links

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The Content may contain links to other websites over which we have no control.  Those links are provided for your convenience only, and we are not responsible for their use, effect or content.  We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those websites, nor do we endorse any information, opinions, goods or services referred to on them.

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Suspension, withdrawal of or changes to the Content

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If you breach the Terms, or if we have a legitimate reason, we may:

(a) suspend your use of, or withdraw, the Content and/or any of its features or components; and

(b) add to, amend, remove, or disable access to, any part of the Content and/or any of its features or components,

in each case at any time, without notice to you. 

 

If requested by us, you must immediately:

(a) stop using or accessing the Content; and

(b) destroy, expunge, disable or restrict access to any information from the Content that you have printed or downloaded, and any information derived or generated from that information.

 

Miscellaneous

(a) No waiver – We do not waive a right, power or remedy in connection with these Terms if we fail to exercise or delay in exercising the right, power or remedy.  A right, power or remedy is only waived by us if it is in writing and signed by us.

(b) Governing law – These Terms are governed by the laws of Queensland, Australia.  You submit to the exclusive jurisdiction of the courts of Queensland, Australia and the courts having appeal from them.

(c) Severability – If any part of these Terms is found to be void, invalid, unlawful or unenforceable, that provision is deemed to be ineffective only to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions.  The remaining terms remain in force and constitute a binding agreement between you and us.

(d) Relationship between the parties – Nothing in these Terms constitutes the parties as partners or joint venturers or agents for the other party or give rise to any other form of fiduciary relationship between the parties.

(e) Entire agreement – These Terms and any other additional terms which may be applicable at different stages of usage of the Content.

(f) Force majeure – To the extent permitted by law, we will not be liable to you for any failure to fulfil, or delay in fulfilling, our obligations caused by circumstances outside of our reasonable control.

(g) Dispute resolution – If you have any issue arising out of these Terms or in relation to the Content, you must notify us in writing and use reasonable endeavours to resolve the matter through discussions or correspondence with us before commencing any court or tribunal proceedings.

(h) Notices – Notices to be given to either party must be in writing.  Any notices addressed to us must be delivered to us by email to amy@makingfriendswithfeelings.com.au or at our registered office to 5/404 Esplanade Torquay QLD 4655.

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Last updated: [20/12/2025]