Terms and Conditions
Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
• We offer a subscription service, and by purchasing a subscription with us, you are agreeing to order products from us on an ongoing basis. A minimum 12-month term applies to your subscription;
• Our liability under these terms is limited to the price paid by you for the products or services the subject of the relevant claim, and we will not be liable for consequential loss;
• We will have no liability for loss of, or damage to, the products, any injury or loss to any person, failure or delay in providing the products or a breach of any law, where such loss was caused or contributed to by any event or circumstance beyond our reasonable control or act or omission of you or your related parties;
• We may amend these Terms at any time by publishing updated terms on our Site; and
• We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site or for featuring certain products or services on the Site.
Nothing in these terms limit your rights under the Australian Consumer Law.
Disclaimer: This disclaimer does not apply to our provision of psychology or counselling services. You agree that any information contained on the Site, information provided within our courses, and any materials provided with our products (collectively Materials) are provided for general information purposes only and do not take into account your personal circumstances. The Materials are not intended to be advice and they are not intended to be a substitute for professional medical advice, treatment, diagnosis or management. Our products are not intended to diagnose, treat, cure, or prevent any disease or condition (including mental health conditions) and you are solely responsible for determining the suitability of our products and courses for your circumstances and your reliance on the Materials is at your own risk. If you have an existing health condition, we recommend you consult a medical professional before using our products. Use of our products, courses and/or the Materials does not establish a doctor-patient relationship.
(a) This website (Site) is operated by Stirling Collective Pty Ltd (ABN: 39 010 610 465) (we, our or us). These terms and conditions (Terms) are between us and you.
2 Use of the Site
(a) You accept these Terms by making a purchase via the Site.
(b) You must not use the Site and/or make a purchase through the Site unless you are at least 16 years old. Please be aware that some of the products sold through the Site may not be suitable for children. Please take extra care when ordering products for children.
(c) When using the Site, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(2) using the Site to defame, harass, threaten, menace or offend any person;
(3) using the Site for unlawful purposes;
(4) interfering with any user of the Site;
(5) tampering with or modifying the Site; or
(6) assisting a third party to do any of the above acts.
(a) You may make a purchase without an account or you may choose to create an account with us which allows you to review your order history and save your wish list. You may also choose to register for an account with our third party shopping platform, Shopify.
(c) It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including payments made using your account details.
4 Ordering products
(a) You may choose to order products on a one-off basis. If you place an order for products on the Site, you are making an order to purchase the product(s) for the price listed on the Site (including the delivery fees or other applicable charges and taxes).
(b) We may, at our discretion, accept or reject an order. If we need to reject your order, we will notify you within a reasonable time after your order is placed. Once we accept an order, a binding agreement is formed for the supply of products to you in accordance with these Terms.
(c) We also offer a monthly subscription service, and by placing an order with us for a subscription, you are agreeing to order products from us on an ongoing basis. The details of your subscription (including the inclusions, your payment method, and your delivery period) are as set out in your account on the Site. You will not be able to customise the precise inclusions for each monthly subscription box.
(d) Your subscription will continue for a 12-month minimum term. Towards the end of the minimum term, you will be invited to renew your subscription. If you do not renew your subscription, it will conclude at the end of the 12 months.
(e) You may choose to pay the Price for your subscription upfront in advance of the year, or by monthly payments in advance of each month.
(f) When you choose to pay the Price for your subscription in monthly instalments, we may pre-authorise or charge your payment method for a nominal amount to verify the payment method.
(g) We may need to change the Price from time to time. If we change the Price, we will provide you with 14 days’ notice of the change. After 14 days, we will apply the new Price to your existing payment details for all future orders. If you do not agree with the new Price, you may cancel your subscription by notifying us in writing.
5 Purchasing courses, counselling services and retreats
(a) You may purchase and book courses, counselling services and from us, the inclusions and details of which are set out on the Site. Once you have chosen your desired service, you pay purchase it using the payment methods on the Site. For courses, once the payment has been made, you will be emailed a link to create an account with a third party provider, Katra, where you will be able to access the course content. The course content will be available for 6 months from the date of purchase.
(b) You acknowledge and agree that we make no guarantees as to any results or outcomes you may achieve from participating in or completing any course.
(c) The services we offer are provided solely for your benefit and you agree not to disclose, distribute, or provide access to the services to third parties. To be clear, you may not share any content or Material contained within our services, with any other person. The services are not to be relied on by any third party.
(a) In these Terms, the Price means the price for the goods and services we sell on the Site. If applicable, the Price will include the cost of delivery.
(b) To the maximum extent permitted by law, we do not offer any refunds of the Price.
(c) All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable).
(d) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
(e) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider, for example, Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
(f) We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
(g) We may, from time to time, issue promotional discount codes for certain products on the Site. To redeem the promotional discount code, you must enter the code into your account, and the discount will be applied to your next order. The conditions of use relating to promotional discount codes will be set out on the Site. We may also from time to time run competitions on the Site or on social media. These competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.
7 Delivery, title and risk
(a) We do not accept returns for change of mind or other circumstances. You may have rights under the Australian Consumer Law (see below) in addition to this clause.
(b) If possible we will deliver the products to the delivery address you provide when making your order. We deliver Australia wide (unless our delivery company does not deliver to your area).
(c) When you place an order for a subscription, you will select a delivery day and delivery window. Unless you otherwise vary your delivery day or delivery window, your chosen delivery day and delivery window will apply to all future orders. We will aim to deliver within your chosen delivery window, however sometimes due to reasons beyond our control, we may not be able to, and we will not be liable for any delay or inability to deliver an order within your delivery window.
(d) If you need to change the delivery day or delivery address, please notify us immediately in writing.
(e) We deliver the products using a range of delivery methods. If neither you nor your authorised representative is at the delivery address to accept delivery, you agree that we may leave the products at your premises.
(f) Title to the products will remain with us until you have paid the Price in full for the products. Until title passes, you must not do anything which seeks to create an encumbrance, lien, charge or other interest in or over the products.
(g) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.
8 Australian Consumer Law
(a) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods and services come with guarantees which cannot be excluded under the Australian Consumer Law. For major failures with the services, you are entitled to cancel your service contract with us, and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. For major failures with the goods, you are entitled to a replacement or refund and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
(b) Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
(c) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.
(a) You may have rights under the Australian Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.
(b) Despite anything to the contrary, to the maximum extent permitted by law:
(1) our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the products or services the subject of the relevant claim; and
(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(c) Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
10 Intellectual property
(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
(b) We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.
(c) You must not, without our prior written consent:
(1) copy, in whole or in part, any of Our Intellectual Property;
(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
11 Content you upload
(a) We encourage you to interact with the Site and with us on social media! You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on the Site. We may run campaigns via the Site and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).
(b) If you make any User Content available on or through the Site, including on social media using a Tag, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify or distribute such User Content on, through or by means of the Site and our social media platforms. You may request that any of your User Content is removed from the Site or social media by sending us an email to the address at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.
(c) You agree that you are solely responsible for all User Content that you make available on or through the Site, including on social media using a Tag. You represent and warrant that:
(1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site (including on social media) will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(d) We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order or in your account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
(c) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
(d) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(e) Entire agreement: Subject to your rights under the Australian Consumer Law, the Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
(f) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
(g) Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.
(h) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Site (Affiliate Link) or for featuring certain products or services on the Site. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Site, or which (if any) third party links are Affiliate Links.
For any questions and notices, please contact us at:
Stirling Collective Pty Ltd (ABN: 39 010 610 465)
Last update: 16 February 2022
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