Effective Date: 15th November 2025
1. Definitions
Agreement means these Terms and Conditions of Purchase.
ACL means the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), as amended from time to time.
Client or you means the individual purchasing the Mini-Course.
Company, we, or us means Dizzy Resolve Integrative Coaching (Dizzy Resolve Pty Ltd ABN (21 669 541 486), operated by Dr. Vicky Stewart.
Content means all mini-course materials, resources, and information, including the proprietary Fear-to-Calm Method and all intellectual property embodied therein.
Mini-Course means the Fear-to-Calm Method for Dizziness (also called "Calm the Fear, Trust Your Body"), consisting of five (5) video lessons (approximately 90 minutes), downloadable workbook, and reference materials.
Services means the Mini-Course and related educational materials provided by the Company.
2. Australian Consumer Law Rights
2.1. Your Statutory Rights
(a) Nothing in this Agreement excludes, restricts, or modifies any rights you have under the Australian Consumer Law or any other rights that cannot be excluded, restricted, or modified by law.
(b) Under the ACL, you are entitled to certain statutory guarantees, including that Services will:
Be provided with due care and skill
Be fit for the purpose made known to us
Be delivered within a reasonable time
Match any description provided
(c) If the Services fail to meet a consumer guarantee under the ACL, you may be entitled to a remedy, which may include a refund, replacement, or compensation for damages.
(d) Where the ACL permits, the Company's liability for a failure to comply with a consumer guarantee is limited to, at the Company's option:
Resupplying the Services; or
Payment of the cost of having the Services resupplied.
(e) The limitations in this Agreement only apply to the extent permitted by law. They do not apply to guarantees that cannot be excluded under the ACL.
2.2. What Constitutes a Major Failure
For the purposes of the ACL, a major failure in relation to the Services includes situations where:
(a) A reasonable consumer would not have acquired the Services if they had known about the nature and extent of the failure;
(b) The Services are substantially unfit for their common purpose and cannot reasonably be remedied within a reasonable time;
(c) The Services are substantially unfit for a disclosed purpose that cannot reasonably be remedied within a reasonable time;
(d) The Company has significantly failed to deliver core components of the Mini-Course as described in the sales materials; or
(e) Technical failures wholly attributable to the Company prevent access to the Mini-Course for an unreasonable period.
3. The Mini-Course: What You're Purchasing
3.1. What's Included
Upon successful payment, you receive immediate lifetime access to:
Five (5) self-paced video lessons (approximately 90 minutes total viewing time)
Downloadable workbook (approximately 20-22 pages)
Quick reference card for the 3-step method
All digital materials available at the time of purchase
The Company reserves the right to update or improve Content from time to time, and you will have access to such updates.
3.2. Nature of the Relationship and Services
(a) Educational Services Only: The Mini-Course provides educational information about nervous system regulation techniques for people with dizziness. It is self-paced learning with no live sessions, ongoing support, or personalized advice.
(b) Not Professional Services: Despite being operated by Dr. Vicky Stewart, a registered Physiotherapist, the Mini-Course does not constitute and is not intended to provide:
Physiotherapy or physical therapy services
Medical advice, diagnosis, or treatment
Psychological or mental health therapy
Any professional health services
(c) No Professional Relationship: By purchasing and participating in the Mini-Course, you acknowledge that no physiotherapist-patient, doctor-patient, therapist-client, or other professional health service relationship is created between you and the Company or Dr. Vicky Stewart.
(d) Not a Substitute for Professional Care: The Mini-Course does not replace professional healthcare. You should not discontinue, modify, or avoid seeking professional medical, physiotherapy, or mental health treatment based on information in the Mini-Course.
3.3. Who This Is For (and Not For)
(a) Designed for: Adults with persistent dizziness (3+ months duration) who have undergone or are undergoing appropriate medical investigations and treatment, and who are seeking educational tools for self-management.
(b) NOT suitable for:
People with acute or new dizziness who have not had medical evaluation
People requiring immediate medical attention or emergency care
People requiring clinical physiotherapy, medical treatment, or therapeutic intervention
Children under 18 years of age (unless express written approval from the Company is obtained and purchase is made by a parent/guardian with legal capacity)
(c) Your Warranty: By enrolling, you warrant that you meet the suitability criteria and have disclosed any relevant circumstances that may affect your safe participation.
3.4. Technology Requirements
(a) You are solely responsible for ensuring you have and maintain:
A computer, tablet, or smartphone with internet connectivity
An updated web browser capable of streaming video content
Adequate internet bandwidth for video streaming
A private space for viewing content
All costs associated with technology, internet access, and data usage
(b) Technical difficulties arising from your equipment, internet service provider, or web browser do not constitute grounds for a refund unless they are caused by the Company's systems or platform failures.
(c) The Company uses reasonable efforts to ensure the platform is accessible but does not guarantee uninterrupted or error-free access at all times.
4. Payment Terms
4.1. Fees and Payment
(a) The current price for the Fear-to-Calm Method for Dizziness Mini-Course is $27 AUD (inclusive of GST).
(b) Prices are subject to change at any time for future purchases, but will not affect purchases already completed.
(c) If GST rates change, prices may be adjusted to reflect the new GST-inclusive amount.
(d) Payment must be made in full upfront via the designated payment processor on the Company's website or sales platform.
(e) We accept payment via credit card, debit card, or other payment methods as displayed at checkout.
(f) All prices are in Australian dollars (AUD) unless otherwise stated.
4.2. Access Upon Payment
(a) Access to the Mini-Course portal and all digital materials will be granted immediately upon successful payment confirmation from the payment processor.
(b) You are responsible for checking that payment has been successfully processed. If you do not receive access within 24 hours of payment, contact [email protected].
4.3. Critical Payment Acknowledgments
By clicking to accept these Terms and completing your purchase, you expressly acknowledge, confirm, and agree that:
(a) You have read, understood, and had adequate opportunity to consider the complete Mini-Course description, including all materials, duration, format, and these Terms and Conditions;
(b) You understand this is a self-paced educational program consisting of pre-recorded digital content with no live coaching, support sessions, or personalized advice;
(c) You consent to and request immediate delivery and access to the digital content upon payment confirmation;
(d) You understand that immediate access to downloadable digital content constitutes complete performance of the Company's obligations to supply the Services;
(e) For online sales of digital content with immediate access, there is generally no cooling-off period available under Australian law. You acknowledge that by requesting immediate access, you are not entitled to cancel the purchase and receive a refund based on change of mind;
(f) You understand that all sales are final except where you have rights under the Australian Consumer Law as outlined in Section 2;
(g) You have been provided with sufficient information about the Services to make an informed purchase decision;
(h) You understand the educational nature of the content and that it does not replace professional medical, physiotherapy, or mental health treatment;
(i) You have legal capacity to enter into this Agreement (you are 18 years or older and not under any legal disability).
4.4. Minors and Legal Capacity
(a) The Services are only available to individuals who are at least 18 years of age and have the legal capacity to enter into a binding contract.
(b) If you are under 18 years of age, you must not purchase or access the Mini-Course without the involvement of a parent or guardian.
(c) If a parent or guardian purchases the Mini-Course for a minor, the parent/guardian:
Must obtain prior written approval from the Company
Agrees to be bound by these Terms
Accepts full responsibility for the minor's use of the Services
Accepts all risks and liability on behalf of the minor
5. Refunds, Cancellations and Termination
5.1. No Refund Policy - Digital Product with Immediate Access
(a) The Mini-Course is a digital product with immediate delivery. All sales are final except as required under the Australian Consumer Law.
(b) Upon successful payment, you receive instant access to:
All video lessons and educational content
Downloadable resources (workbook and reference materials)
Lifetime access to the Mini-Course portal
(c) Because the Services consist entirely of digital content that is delivered and accessible immediately upon payment, and the content can be downloaded and retained, refunds based on change of mind are not available.
(d) By completing your purchase and requesting immediate access, you acknowledge that the Company has fully performed its supply obligations once access is granted.
5.2. Circumstances That Do NOT Qualify for Refunds
Change of mind, dissatisfaction, or failure to use the Services are not grounds for a refund. Specifically, the Company will NOT provide refunds for:
(a) Change of mind or buyer's remorse after accessing the content;
(b) Failure to complete the Mini-Course or utilize the materials provided;
(c) Lack of time to engage with the content;
(d) Personal circumstances, business circumstances, or health circumstances changing after purchase;
(e) Failure to achieve specific outcomes, improvements, or results (as results are dependent on individual implementation, commitment, health status, and numerous other factors outside the Company's control);
(f) Dissatisfaction with the teaching style, presentation format, content structure, or educational approach, provided the Services were accurately described in sales materials;
(g) Technical difficulties arising from your own equipment, internet service provider, web browser, or user error;
(h) Inability to implement strategies or techniques due to your individual circumstances, health conditions, personal limitations, or preferences;
(i) Deciding the Mini-Course is not suitable for you after accessing the content;
(j) Finding similar information available elsewhere or from other sources;
(k) Disagreement with the educational approach, philosophy, or methodology presented;
(l) Deciding you need more advanced or different content than what is provided;
(m) Being unable to access the content due to reasons within your control (forgetting login details, not having required technology, etc.).
5.3. When You May Be Entitled to a Remedy Under the ACL
(a) Despite the no-refund policy in Section 5.1, you may be entitled to a remedy under the Australian Consumer Law if:
The Services suffer from a major failure as defined in Section 2.2;
The Services are fundamentally or materially different from what was described in sales materials;
The Company fails to provide the Services with due care and skill;
The Company fails to deliver core components of the Mini-Course;
Technical failures wholly attributable to the Company's systems prevent access to the Mini-Course for an unreasonable period;
The digital content is corrupted, inaccessible, or unusable due to errors by the Company.
(b) For a minor failure (one that does not meet the definition of a major failure), the Company is entitled to a reasonable opportunity to rectify the problem before you are entitled to a refund.
5.4. How to Request a Remedy Under the ACL
(a) Any request for a remedy under the Australian Consumer Law must be submitted in writing to [email protected] within a reasonable time after discovering the issue.
(b) Your request must include:
Clear description of the specific nature of the alleged failure
Evidence supporting your claim (screenshots, error messages, correspondence, etc.)
Details of any attempts you have made to resolve the issue
The remedy you are seeking (rectification, re-supply, or refund)
(c) The Company will:
Acknowledge receipt of your request within 2 business days
Investigate your claim fairly and in good faith
Respond with a determination within 10 business days
Where appropriate, offer remedy options which may include technical support, replacement materials, content corrections, or refund
(d) If you are not satisfied with the Company's response, you may contact your local consumer protection agency or fair trading office, or seek independent legal advice about your rights.
5.5. Alternative Remedies
Before considering any refund request, the Company may offer alternative remedies such as:
Technical support to resolve access issues
Replacement or corrected download links for corrupted files
Extended access period if technical issues were caused by the Company
Access to supplementary resources or updated materials
Credit toward future programs offered by the Company (at Company's discretion)
5.6. Voluntary Cancellation by You
You may cease participation in the Mini-Course at any time, but you acknowledge that:
No refund will be provided for voluntary cancellation or non-use
Access to digital materials will remain available (lifetime access is provided)
You remain bound by all terms regarding intellectual property and confidentiality
5.7. Termination by Company
(a) The Company reserves the right to terminate your access to the Mini-Course immediately if you:
Breach any material term of this Agreement
Engage in conduct that is abusive, threatening, or disruptive toward the Company, its staff, or other participants
Misuse Content or violate intellectual property rights (including unauthorized sharing, distribution, or commercial use)
Share login credentials or provide unauthorized access to third parties
Engage in any unlawful conduct in connection with the Services
(b) In the event of termination under this Section, no refund will be provided and you must immediately cease all access to and use of the Content.
(c) Termination does not affect any accrued rights or obligations of either party.
6. No Guaranteed Outcomes
6.1. Acknowledgement of Variable Results
You expressly acknowledge, understand, and agree that:
(a) Individual results from the Services vary significantly from person to person;
(b) Success, improvement, or benefit depends entirely on numerous factors including but not limited to your:
Commitment and consistency in applying the techniques
Individual health circumstances and medical history
Adherence to medical treatment and professional healthcare advice
Personal circumstances, lifestyle, and environment
Ability and willingness to implement the teachings
(c) Testimonials, case studies, or examples of results achieved by other clients are:
Not representative of typical results
Not guarantees or promises of your specific results
Based on individual experiences that may not apply to your situation
(d) The Mini-Course provides education and tools, but outcomes depend entirely on your application of the material and factors beyond the Company's control;
(e) The Company makes no representations, warranties, or guarantees (express or implied) regarding outcomes, results, improvements, or benefits you may or may not experience;
(f) You may experience no improvement, or in some cases your symptoms may worsen, and the Company is not responsible for any such outcomes.
6.2. Your Sole Responsibility
You accept and agree that you are solely and entirely responsible for:
(a) Determining whether the Services and the techniques taught are suitable and appropriate for your specific circumstances;
(b) Implementing (or choosing not to implement) any techniques, strategies, or changes recommended through the Services;
(c) Evaluating the appropriateness of all techniques for your individual health status, medical conditions, and personal situation;
(d) Seeking and following advice from qualified, licensed healthcare professionals (including your GP, medical specialists, physiotherapists, and mental health professionals) regarding your health;
(e) Any outcomes, results, or consequences (positive or negative) arising from your participation in the Services or implementation of the teachings;
(f) Any decisions you make based on information provided in the Mini-Course.
The Company is not responsible for your success, failure, results, or lack of results.
6.3. Communication and Support
(a) The Company will:
Respond to reasonable technical support queries related to accessing the Mini-Course platform within business hours (Monday-Friday, 9am-5pm AEST, excluding public holidays)
Provide assistance with access issues or technical problems attributable to the Company's systems
Communicate honestly, professionally, and courteously
(b) You agree to:
Maintain professional, courteous, and respectful communication
Provide timely and accurate responses to Company requests for information
Use designated communication channels (email to [email protected])
Not misuse communication channels or make unreasonable demands
(c) Important Limitations:
The Mini-Course is a self-paced educational program with no ongoing coaching, support sessions, or personalized advice included
The Company is not obligated to provide individualized advice, coaching, or recommendations beyond technical support for accessing the platform
Questions about applying techniques to your specific personal circumstances, health conditions, or medical situation should be directed to your own qualified healthcare providers
Technical support is limited to access issues and does not include troubleshooting your personal devices, internet connection, or teaching you how to use basic technology
6.4. Use of Artificial Intelligence and Technology Tools
(a) The Company may utilize artificial intelligence (AI) tools and automated systems for various purposes including content creation, resource development, customer service, and email communications.
(b) You acknowledge and accept that:
AI-generated or AI-assisted content may contain errors, inaccuracies, or require updating
All information and strategies should be independently verified and evaluated for suitability to your circumstances before implementation
AI tools supplement but do not replace professional human judgment, expertise, or healthcare advice
You should always consult qualified healthcare professionals before implementing any technique or strategy for health conditions
(c) The Company is not liable for decisions made, outcomes experienced, or any consequences arising from AI-generated content, and you accept full responsibility for how you use and apply any information provided.
7. Intellectual Property Rights
7.1. Ownership
(a) All Content provided as part of the Services, including but not limited to:
Video lessons and audio recordings
Written materials, workbooks, and guides
The Fear-to-Calm Method and 3-step process
All text, graphics, images, and designs
The structure, organization, and presentation of materials
All intellectual property embodied in the Content
is and remains the exclusive property of Dizzy Resolve Pty Ltd and is protected under Australian and international intellectual property laws, including the Copyright Act 1968 (Cth).
(b) No title to or ownership of any Content is transferred to you under this Agreement.
7.2. Limited License
(a) Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Content solely for your personal, non-commercial purposes.
(b) This license permits you to:
View and stream the video lessons for your personal learning
Download and print the workbook and reference materials for your personal use only
Practice the techniques taught in the Mini-Course for your own personal benefit
Take personal notes on the content for your own use
7.3. Prohibited Uses - What You CANNOT Do
You expressly agree that you will NOT, and you will not permit or assist others to:
(a) Reproduce, copy, duplicate, distribute, publish, display, perform, or transmit any Content to any third party in any form or by any means;
(b) Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on any Content;
(c) Use the Content for any commercial purpose whatsoever, including but not limited to:
Teaching, training, or coaching others (whether paid or unpaid)
Incorporating the Content into your own courses, programs, workshops, or services
Selling, licensing, or renting access to the Content
Using the Content in your professional practice or business
(d) Share, loan, sell, rent, lease, sublicense, or otherwise transfer your login credentials or access to the Mini-Course to any other person or entity;
(e) Record, screenshot, photograph, or capture the video content or any portion thereof for any purpose;
(f) Remove, obscure, or alter any copyright notices, watermarks, or proprietary markings on any Content;
(g) Frame, scrape, or use similar data gathering or extraction methods in relation to the Content;
(h) Use the Content in any way that violates any applicable law or regulation;
(i) Use the Content in any manner that could damage, disable, overburden, or impair the Company's systems or interfere with any other party's use of the Services.
7.4. Enforcement and Consequences
(a) Breach of intellectual property provisions is a material breach of this Agreement and may result in:
Immediate termination of your access to the Mini-Course without refund
Legal action seeking injunctive relief and damages
Recovery of any profits you have made from unauthorized use
Recovery of the Company's legal costs
Reporting to relevant authorities if criminal conduct is involved
(b) The Company actively monitors for unauthorized use and takes intellectual property violations seriously.
(c) If you become aware of any unauthorized use or distribution of Content, you agree to notify the Company immediately.
8. Privacy and Confidentiality
8.1. Privacy Compliance
(a) The Company collects, uses, stores, and discloses your personal information in accordance with:
The Privacy Policy available at www.dizzyresolve.com/privacy
The Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs)
Other applicable privacy and data protection laws
(b) By using the Services, you acknowledge that you have read, understood, and consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.
(c) Personal information collected may include:
Contact details (name, email address, phone number, location)
Payment and transaction information
Usage data and analytics (how you interact with the Mini-Course)
Technical information (IP address, device type, browser type)
Health information (only if you voluntarily provide it in communications)
(d) The Company uses third-party service providers for various business functions including hosting, payment processing, email delivery, and analytics. These providers may have access to your personal information only to the extent necessary to perform their functions, and are contractually obligated to protect your information.
8.2. Cross-Border Data Disclosure
(a) Some of the Company's third-party service providers may be located overseas or may store data on servers located outside Australia.
(b) By using the Services, you consent to your personal information being disclosed to overseas recipients for the purposes outlined in the Privacy Policy.
(c) The Company takes reasonable steps to ensure overseas recipients comply with Australian privacy standards, but you acknowledge that overseas privacy laws may differ from Australian requirements.
8.3. Data Security
(a) The Company implements reasonable physical, technical, and administrative security measures to protect your personal information from misuse, interference, loss, unauthorized access, modification, or disclosure.
(b) However, you acknowledge and accept that:
No method of transmission over the internet or electronic storage is 100% secure
The Company cannot guarantee absolute security of data transmitted online
You use the Services and transmit information at your own risk
You are responsible for maintaining the confidentiality of your login credentials
(c) If you become aware of any unauthorized access to your account, you must notify the Company immediately at [email protected].
8.4. Data Breach Notification
In the event of a data breach that is likely to result in serious harm, the Company will comply with its obligations under the Privacy Act 1988 (Cth) including notification to affected individuals and, where required, the Office of the Australian Information Commissioner.
8.5. Your Privacy Rights
You have the right to:
Access your personal information held by the Company
Request correction of inaccurate or incomplete information
Make a complaint about how your personal information has been handled
Request deletion of your information (subject to legal retention requirements)
To exercise these rights, contact [email protected].
8.6. Marketing Communications
(a) By purchasing the Mini-Course, you consent to receive communications from the Company including:
Transactional emails (access details, password resets, important updates)
Service-related communications (technical issues, platform updates)
Marketing communications about other Company programs, services, or offers
(b) Marketing communications comply with the Spam Act 2003 (Cth).
(c) You may opt out of marketing communications at any time by:
Clicking the "unsubscribe" link in any marketing email
Contacting [email protected] with your request
Updating your communication preferences if such functionality is available
(d) Opting out of marketing communications does not affect:
Your access to the Mini-Course
Receipt of essential transactional or service-related communications
The Company's ability to send legally required notifications
9. Limitation of Liability and Indemnity
9.1. Maximum Extent Permitted by Law
(a) To the maximum extent permitted by law (but subject to Section 2 regarding the Australian Consumer Law), the Company's total aggregate liability for any and all claims arising under or in connection with this Agreement or the Services is limited to the total fees paid by you for the Mini-Course (being $27 AUD).
(b) This limitation applies regardless of the form of action, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
9.2. Exclusion of Certain Liabilities
To the maximum extent permitted by law (but subject to the Australian Consumer Law), the Company excludes all liability and will not be responsible or liable for:
(a) Health and Medical Outcomes: Any health outcomes, medical complications, adverse reactions, symptom changes, injuries, or health conditions arising from or related to your participation in the Services or implementation of techniques;
(b) Emotional and Psychological Outcomes: Emotional distress, psychological discomfort, mental health impacts, anxiety, or any psychological symptoms or conditions;
(c) Economic Losses: Lost time, lost income, lost profits, lost business opportunities, lost savings, or any other economic or financial losses;
(d) Personal and Relationship Impacts: Damage to personal relationships, reputation, social standing, or any impacts on your personal or professional life;
(e) Implementation Outcomes: Results, outcomes, or consequences (whether positive or negative) arising from your implementation or non-implementation of techniques, strategies, or information;
(f) Third-Party Claims: Any claims, demands, or actions brought against you by third parties;
(g) Decision-Making: Decisions you make or actions you take based on Content from the Mini-Course;
(h) Failure to Achieve Results: Your failure to achieve any desired results, improvements, or outcomes;
(i) Indirect and Consequential Losses: Any indirect, incidental, special, exemplary, or consequential losses or damages of any kind.
9.3. Acknowledgment of Assumption of Risk
You expressly acknowledge, understand, and voluntarily assume the following risks:
(a) Participation in the Mini-Course and implementation of nervous system practices and somatic techniques involves inherent risks;
(b) You may experience physical sensations, emotional responses, or changes in your symptoms (including potential worsening);
(c) Results are unpredictable and vary greatly between individuals;
(d) The Company cannot predict or control how you will respond to the Services or the techniques taught;
(e) You voluntarily choose to participate despite these risks and accept full responsibility for any consequences.
9.4. Your Indemnity
You agree to indemnify, defend, and hold harmless the Company, Dizzy Resolve Pty Ltd, Dr. Vicky Stewart, and their respective directors, officers, employees, contractors, agents, and affiliates from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from or related to:
(a) Your breach of any term or condition of this Agreement;
(b) Your use or misuse of the Services or Content;
(c) Your violation of any third-party rights including intellectual property rights or privacy rights;
(d) Any false, inaccurate, or misleading information you provide to the Company;
(e) Your implementation of any technique, strategy, or information from the Mini-Course;
(f) Any health complications, injuries, or adverse events arising during or after your participation;
(g) Your unauthorized sharing, distribution, or commercial use of Content;
(h) Your violation of any applicable laws or regulations.
9.5. Australian Consumer Law Exception
(a) Nothing in this Section 9 excludes, restricts, or modifies any consumer guarantee, right, or remedy that you have under the Australian Consumer Law or any other law where such exclusion, restriction, or modification would be unlawful.
(b) Where the Australian Consumer Law applies and the Company is liable for a failure to comply with a consumer guarantee, the Company's liability is limited to the extent permitted by section 64A of the Australian Consumer Law.
(c) If a court or tribunal determines that any limitation or exclusion in this Section is unenforceable, that determination does not affect the validity or enforceability of the remaining limitations and exclusions.
9.6. Professional Indemnity Insurance
You acknowledge that the Company does not carry professional indemnity insurance covering your participation in the Mini-Course or your implementation of the techniques taught, as the Services are educational in nature and do not constitute professional health services.
10. Waiver and Release: Health, Movement and Somatic Practices
10.1. Nature of Practices Taught in the Mini-Course
The Mini-Course teaches and provides information about nervous system regulation and somatic practices, including but not limited to:
Body awareness and mindfulness exercises
Breathwork and breathing techniques
Gentle movement, stretching, or postural techniques
Somatic tracking and body scanning
Grounding and calming techniques
The vestibular-specific 3-step Fear-to-Calm Method
10.2. Critical Health and Safety Acknowledgments
You expressly acknowledge, confirm, understand, and agree that:
(a) Voluntary Participation: Your participation is entirely voluntary, and you may discontinue any practice at any time for any reason;
(b) Listen to Your Body: If at any time during any practice you experience pain, significant discomfort, dizziness, nausea, difficulty breathing, panic, or any other concerning symptoms, you will immediately stop the practice and seek appropriate medical attention if needed;
(c) Not Medical Treatment: These practices are educational self-care techniques and do not constitute physiotherapy, medical treatment, psychological therapy, or any form of professional health service;
(d) Not a Substitute for Professional Care: The practices taught do not replace and are not intended to replace professional medical care, physiotherapy, psychological therapy, or any other health services. You should not delay, avoid, or discontinue professional care based on anything in the Mini-Course;
(e) Consult Your Healthcare Provider First: You should consult with your own qualified healthcare provider(s) before beginning any new physical practices or techniques, especially if you have:
Vestibular disorders or dizziness conditions (including PPPD, vestibular migraine, MDDS, Meniere's disease, etc.)
Chronic pain, injury, or physical limitations
Cardiovascular, respiratory, or neurological conditions
Mental health conditions (including anxiety, panic disorder, PTSD, depression, etc.)
Are pregnant, trying to become pregnant, or breastfeeding
Any other medical condition that could be affected by physical movement, breathwork, or nervous system practices
Are taking medications that may affect balance, breathing, or nervous system function
(f) Inherent Risks Cannot Be Eliminated: As with any physical activity or nervous system work, risks of injury, symptom flare-ups, emotional discomfort, adverse reactions, or other complications are present and cannot be entirely eliminated, even with proper precautions;
(g) Adapt to Your Needs: You are responsible for modifying any practice to suit your individual capabilities, limitations, and comfort level. Instructions are general guidance and may not be appropriate for everyone;
(h) Sole Responsibility: You are solely and entirely responsible for determining whether any practice is safe and appropriate for you, and for your health, safety, and wellbeing while engaging in any practices;
(i) No Personalized Assessment: The Company cannot and does not provide individualized assessment, diagnosis, or advice through the self-paced Mini-Course format. The Company does not know your specific health status or limitations.
10.3. Specific Health Disclosures and Responsibilities
(a) Disclosure of Health Conditions: You confirm that you have disclosed (or will disclose prior to beginning practices) any relevant physical or mental health conditions that may impact your safe participation to your own healthcare providers and have obtained appropriate medical clearance where necessary.
(b) Ongoing Health Changes: You agree that if your health status changes significantly during the course of your participation (including becoming pregnant, developing new symptoms, experiencing injury, or having your condition worsen), you will:
Immediately inform the Company at [email protected]
Consult with your healthcare provider before continuing with any practices
Discontinue practices if advised by your healthcare provider
(c) Pregnancy: If you are pregnant or become pregnant, you must:
Inform the Company immediately
Consult with your obstetrician or midwife before engaging in or continuing any practices
Obtain specific clearance for breathwork, movement, and nervous system practices
Stop any practice immediately if you experience any concerning symptoms
10.4. Emotional and Psychological Considerations
(a) Potential for Emotional Responses: You understand that nervous system regulation practices and subconscious work may bring up emotional responses, memories, feelings, or sensations. Some people experience temporary heightened emotional or physical responses as part of the process.
(b) Not Psychological Treatment: The Mini-Course does not provide psychological therapy or mental health treatment. If you experience significant emotional distress, you should seek support from a qualified mental health professional.
(c) Mental Health Support: You are responsible for ensuring you have appropriate mental health support in place if you have a history of trauma, PTSD, anxiety disorders, panic disorder, depression, or other mental health conditions.
(d) When to Seek Help: If you experience severe anxiety, panic attacks, intrusive thoughts, flashbacks, dissociation, self-harm ideation, or any other serious psychological symptoms, you should immediately discontinue the practices and contact your mental health provider or emergency services.
10.5. Express Assumption of Risk
You expressly and voluntarily assume all risks associated with participation in the Mini-Course and implementation of the practices taught, including but not limited to:
Risk of physical injury, pain, or symptom exacerbation
Risk of dizziness, loss of balance, falls, or accidents
Risk of emotional distress or psychological discomfort
Risk that your symptoms may worsen or not improve
Risk that practices may not be effective or suitable for you
Any other foreseeable or unforeseeable risks
You acknowledge that the Company has informed you of these risks and that you voluntarily choose to participate despite the risks.
10.6. Release of Liability
(a) To the maximum extent permitted by law, you release, discharge, and forever hold harmless Dizzy Resolve Integrative Coaching, Dizzy Resolve Pty Ltd, Dr. Vicky Stewart, and their respective directors, officers, employees, contractors, agents, and affiliates from any and all liability, claims, demands, actions, causes of action, damages, losses, costs, and expenses of any nature whatsoever (including legal fees) arising from or related to:
Your participation in the Mini-Course
Your implementation of any practices, techniques, or strategies taught
Any injury, illness, health complication, or adverse event occurring during or after participation
Any emotional or psychological distress or symptoms
Any decisions you make based on the Content
Any outcomes or lack of outcomes from your participation
(b) This release applies regardless of whether the liability arises from the negligence or other fault of the Company or any other released party, to the extent permitted by law.
(c) You agree that you will not make any claim for loss or damage suffered by you, including any loss or damage to your personal property, against any of the released parties.
10.7. Acknowledgment and Acceptance
By purchasing the Mini-Course and participating in the practices, you acknowledge that:
You have carefully read and fully understand this entire Section 10
You have had the opportunity to seek independent legal advice if desired
You voluntarily agree to all terms, assumptions of risk, and releases
You understand the risks and accept them
You enter into this waiver and release freely and voluntarily
No oral representations, statements, or inducements have been made apart from what is written in this Agreement
11. General Provisions
11.1. Testimonials and Marketing Use
(a) The Company may request testimonials, reviews, or feedback from you regarding your experience with the Mini-Course.
(b) If you choose to provide a testimonial (in written, video, audio, or any other form), you grant the Company a perpetual, worldwide, royalty-free, non-exclusive license to:
Use, reproduce, adapt, modify, publish, and distribute your testimonial
Use your testimonial on social media, email marketing, the Company website, sales pages, advertisements, and any other promotional materials
Use your first name, location (city/state only), and likeness (if applicable) in conjunction with the testimonial
Edit your testimonial for length, clarity, grammar, or formatting while preserving the essence of your statement
(c) You represent and warrant that any testimonial you provide:
Reflects your genuine, honest opinion and experience
Is truthful and not misleading
Does not violate any third-party rights
Complies with Australian Consumer Law requirements regarding testimonials
(d) You will not receive any compensation for use of your testimonial.
(e) You may withdraw your consent for future use of your testimonial by providing written notice to [email protected]. However, testimonials that have already been published in existing materials may continue to appear.
(f) The Company will not use your testimonial in a manner that falsely represents your experience or violates the Australian Consumer Law.
11.2. Entire Agreement
(a) This Agreement, together with:
The Privacy Policy (www.dizzyresolve.com/privacy)
The Mini-Course description and sales materials
Any other documents expressly incorporated by reference
constitutes the entire agreement between you and the Company regarding the Services.
(b) This Agreement supersedes all prior or contemporaneous discussions, representations, agreements, understandings, and communications (whether written or oral) relating to the subject matter.
(c) You acknowledge that you have not relied on any representation, warranty, promise, or statement made by the Company or any other person that is not expressly set out in this Agreement.
11.3. Amendments and Updates
(a) The Company may amend or update these Terms and Conditions at any time by posting the revised version on its website with an updated "Effective Date."
(b) If material changes are made that adversely affect your rights, the Company will make reasonable efforts to notify active users by email or through the Mini-Course portal.
(c) Your continued access to or use of the Mini-Course after the effective date of any changes constitutes your acceptance of the amended Terms.
(d) If you do not agree to any changes, you must discontinue use of the Services. However, the Terms in effect at the time of your purchase will continue to govern your original transaction.
11.4. Force Majeure
(a) Neither party will be liable for any failure or delay in performing obligations under this Agreement if such failure or delay is caused by circumstances beyond that party's reasonable control, including but not limited to:
Natural disasters (floods, earthquakes, fires, storms, pandemics)
War, terrorism, civil unrest, or government actions
Labor disputes or strikes
Telecommunications, internet, or hosting service failures not caused by the affected party
Cyber-attacks, hacking, or malware (where reasonable security measures were in place)
Failure of third-party service providers (payment processors, hosting providers)
(b) The affected party must notify the other party as soon as reasonably practicable and take reasonable steps to mitigate the impact.
(c) Performance of affected obligations will be suspended during the period of the force majeure event.
(d) If a force majeure event prevents the Company from providing access to the Mini-Course for more than 30 consecutive days, you may request a refund by written notice, and the Company will provide a pro-rata refund based on the period of inaccessibility.
11.5. Notices
(a) Any formal notice required under this Agreement must be in writing and sent to:
To the Company: [email protected]
To You: The email address you provided at the time of purchase
(b) Notices sent by email are deemed received when sent, provided no delivery failure notification is received by the sender.
(c) You are responsible for ensuring your email address is current and for checking your email regularly. Notices sent to your last known email address are deemed validly given.
11.6. Assignment and Transfer
(a) You may not assign, transfer, sublicense, or otherwise deal with your rights or obligations under this Agreement without the Company's prior written consent.
(b) Your access to the Mini-Course is personal to you and may not be shared, sold, transferred, or gifted to any other person.
(c) The Company may assign or transfer this Agreement and any of its rights or obligations to:
Any related body corporate
Any purchaser of the Company's business or assets
Any successor entity or affiliate
and you consent to any such assignment.
11.7. Severability
(a) If any provision of this Agreement is held to be invalid, illegal, void, or unenforceable by a court or tribunal of competent jurisdiction:
That provision will be deemed severed from this Agreement
The severance will not affect the validity or enforceability of the remaining provisions
The remaining provisions will continue in full force and effect
(b) Where possible, any invalid provision will be interpreted or reformed to give it valid effect to the maximum extent possible while preserving the parties' intentions.
11.8. Waiver
(a) No failure or delay by either party in exercising any right, power, or remedy under this Agreement operates as a waiver of that right, power, or remedy.
(b) No single or partial exercise of any right, power, or remedy prevents any further exercise of that or any other right, power, or remedy.
(c) A waiver is only effective if it is in writing and signed by the party granting the waiver, and it applies only to the specific circumstance for which it is given.
11.9. Governing Law and Jurisdiction
(a) This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia.
(b) Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
(c) "Non-exclusive jurisdiction" means that:
Either party may commence proceedings in the courts of New South Wales
Either party may also commence proceedings in any other court of competent jurisdiction
This is important for consumers who may wish to bring proceedings under the Australian Consumer Law in their local jurisdiction
(d) The parties submit to the jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts.
11.10. Dispute Resolution
(a) Before commencing any legal proceedings (other than urgent interlocutory relief), the parties agree to first attempt to resolve any dispute through good faith negotiation.
(b) If you have a complaint or dispute, you should first contact the Company in writing at [email protected] with:
A clear description of the issue
Relevant supporting information
Your proposed resolution
(c) The Company will acknowledge your complaint within 2 business days and provide a substantive response within 10 business days.
(d) If the matter cannot be resolved through direct negotiation within 30 days, either party may pursue other available remedies, including legal proceedings or alternative dispute resolution.
(e) Nothing in this clause prevents you from:
Making a complaint to the Office of the Australian Information Commissioner (regarding privacy matters)
Making a complaint to your state or territory consumer protection agency or fair trading office
Seeking advice from a community legal center or legal professional
Commencing proceedings to enforce your rights under the Australian Consumer Law
12. Survival of Terms
The following provisions survive termination or expiration of this Agreement and continue to bind the parties:
(a) Section 2 (Australian Consumer Law Rights) - to the extent of any ongoing rights
(b) Section 6.1, 6.2 (No Guaranteed Outcomes and Responsibility)
(c) Section 7 (Intellectual Property Rights)
(d) Section 8 (Privacy and Confidentiality)
(e) Section 9 (Limitation of Liability and Indemnity)
(f) Section 10 (Waiver and Release)
(g) Section 11.2 (Entire Agreement)
(h) Section 11.7 (Severability)
(i) Section 11.9 (Governing Law and Jurisdiction)
(j) Section 11.10 (Dispute Resolution)
(k) Any provisions that by their nature are intended to survive termination
(l) Any accrued rights, obligations, or liabilities of either party
13. Acceptance and Binding Agreement
13.1. How You Accept These Terms
You accept and agree to be bound by these Terms and Conditions by:
(a) Ticking the checkbox or clicking the button indicating acceptance during the checkout process; AND
(b) Completing your purchase of the Mini-Course.
13.2. What You Are Confirming
By accepting these Terms and completing your purchase, you confirm, acknowledge, and agree that:
(a) You have read and understood these Terms and Conditions in their entirety;
(b) You have read and understood the Company's Privacy Policy;
(c) You have had adequate opportunity to review these Terms, seek independent legal advice if desired, and ask questions;
(d) You understand and accept that the Mini-Course is an educational service and does not constitute physiotherapy, medical treatment, psychological therapy, or any professional health service;
(e) You understand and accept that no professional relationship of any kind is created between you and the Company or Dr. Vicky Stewart;
(f) You consent to and request immediate delivery of and access to the digital content upon payment;
(g) You understand that immediate access to downloadable digital content means there is no cooling-off period for change of mind;
(h) You understand and accept that all sales are final except where you have rights under the Australian Consumer Law;
(i) You have read and understood the circumstances that do NOT qualify for refunds as set out in Section 5.2;
(j) You understand and accept all risks associated with participation as described in Section 10;
(k) You understand and accept the limitations of liability and release of liability as described in Sections 9 and 10;
(l) You voluntarily agree to all terms, conditions, acknowledgments, waivers, assumptions of risk, and releases contained in this Agreement;
(m) You have legal capacity to enter into this Agreement (you are at least 18 years of age and not under any legal disability that would prevent you from entering into a binding contract);
(n) You are not relying on any representations, warranties, or promises not expressly set out in this Agreement;
(o) You enter into this Agreement freely, voluntarily, and of your own accord without any duress, undue influence, or misrepresentation;
(p) You understand that participation in the Mini-Course and implementation of any practices is entirely at your own risk.
13.3. Electronic Acceptance and Signatures
(a) You acknowledge and agree that:
Your electronic acceptance of these Terms through the online checkout process constitutes a legally binding agreement
Electronic signatures and acceptance have the same legal force and effect as handwritten signatures under the Electronic Transactions Act 1999 (Cth)
You intend to be legally bound by this Agreement
(b) You agree that the Company may rely on your electronic acceptance as evidence of your agreement to these Terms.
© 2025 Dizzy Resolve Integrative Coaching
Dizzy Resolve Pty Ltd | ABN 21 669 541 486
PRIVACY POLICY | TERMS & CONDITIONS
Last Updated: 15th November 2025
By ticking the checkbox at checkout and completing your purchase, you confirm your agreement to these terms and conditions, including all waivers and acknowledgments stated above.
www.dizzyresolve.com
[email protected]
PRIVACY POLICY | TERMS & CONDITIONS
Last Updated: 15th November 2025
