Website Terms & Conditions
Hi there! This website, samanthagemmell.com, is owned and operated by Samantha Gemmell (ABN: 46 307 231 471).
If you have any questions or need further information, please contact:
Samantha Gemmell
Email: hi@samanthagemmell.com
This document sets out the Terms and Conditions you need to be aware of when using this website. Please take a moment to read them, as they set out your important rights and obligations and I care about making sure we both know where we stand.
When you visit this website or use my services, you agree that you are over the age of 18 and willing to be bound by these Terms and Conditions. If you don’t accept this agreement, you should not continue to visit this website or seek services from me.
This document may be changed or modified from time to time. Please check back regularly to ensure you are aware of any changes.
There may be additional specific terms of service provided to you in relation to my services, training and courses. If there is any inconsistency between this document and those specific terms of service, these Website Terms & Conditions are overruled to the extent of the inconsistency.
All services advertised on this website are offered in compliance with Australian Consumer Law.
Content Disclaimer
On this website, you will find blog posts, podcasts, articles, hints, tips, general advice and information on business and marketing for health practitioners, as well content focused on building a business as a health virtual assistant. This information is provided solely to support your education and professional development so that you can build a thriving business in the health profession.
Content Policy
I take care to provide valuable information but I cannot be responsible for the use that you make of that information. General information about business and marketing I provide is not a substitute for professional advice tailored to your individual circumstances.
There is no professional relationship formed between us unless you explicitly choose to work with me by purchasing my services or taking part in one of my courses.
Any testimonials, results and experiences I may display on this website are based on my experience and those of my previous clients. They are not guarantees that anyone else will achieve the same results.
While I take all reasonable care to ensure the information I provide is accurate, relevant and up to date, I cannot make any guarantee in this area (particularly with how quickly information in the online space goes out of date!) As such, I disclaim any legal liability for inaccuracies, incompleteness or error. If you do find something that seems problematic, please don’t hesitate to contact me via the contact page and let me know.
I may modify this information provided on this website at any time, including altering or deleting it without notice.
Visitor Responsibilities
The nature of the business and marketing information provided on this site is general – there is no one size fits all when it comes to a health practitioner business. There is no guarantee that every piece of advice will apply to your business. It is best to seek professional advice if you are concerned about the current state of your business.
Downloads
On this site, you may access free and paid downloads. Although I ensure that anything uploaded to my site is safe, I take no responsibility for viruses or any other damage which might occur as a result of downloading material from the site.
Please ensure you have adequate protection against viruses and other malicious attacks that may occur without my knowledge or consent
External Links
I will link to external links whenever relevant to the content. This includes research, news articles and third parties. However, I am not responsible for the content of any external sites that may be linked as I have no control over the information provided on these sites.
Third-Party Advertising
At times, I may provide links to the websites of people I am affiliated with, as well as my past and current clients. While I think they are absolute superstars and believe them to be reputable businesses, any relationship you enter into with them is at your own risk. I am not a party to the transaction in any way.
Disclaimer For Services & Products
There are a number of ways you can work with me that are available to either purchase or book through my website or Simplero website. The terms & conditions in this document apply to all of my services and products unless I provide alternative terms that are specific to that offer.
I offer:
VIP content creation services including blogs, social media, newsletters and business & marketing plans
Marketing & business courses and programs
Courses, membership & 1:1 mentoring for those in the health virtual assistance profession
The intention of these services include:
Making it easier for people in the wellness profession to reach their ideal clients and grow their business
Assisting new practitioners with their marketing efforts in the early days of their business
Guiding health VAs as they build up a sustainable business
Why work with me?
I’m glad you asked! As a qualified health professional with a degree in Nutritional Medicine, I understand the health profession and its many challenges. I also have the same passion as any health professional – to help people live better lives. As such, I get the mindset that we come into as new graduates, and this allows me to meet you where you’re at right now.
On top of my qualifications, I also bring over 5 years of experience in marketing and content creation to the table. Over that time, I’ve helped hundreds of practitioners with their business & marketing through my services, content and free challenges.
Within my role, it’s my responsibility to use my skills, knowledge, experience and connections to best support you in your business – wherever that might be right now. Depending on the service you decide on, this could include:
Creating content tailored to your business and ideal client using the information provided during our sessions
Supporting you to create your own content & marketing through my courses & programs
Giving you some tough love if you need it throughout any of these services – because I want to see you succeed!
Your Responsibility
This is a two-way street – I show up with how I serve you, and you show up for the service. When it comes to your own safety and wellbeing, this can include being responsible for:
The information you provide about your business and your modality for the purpose of content creation
Reviewing and correcting any mistakes or errors that may occur throughout your content
Taking action with the content you receive through my courses and programs – I can’t make you do the things, I can only give you the steps to take!
Being aware of your payment schedules and dates, particularly if you undergo a payment plan for one of the services
Keeping me up to date on the requirements of your association or regulatory body, OR doing the same for yourself if you are DIYing your marketing
You are responsible for your own physical and mental safety, even if the service in conducted in person (as rare as that might be these days!) I cannot be held responsible if you get food poisoning from a café brunch, for example!
All of your personal costs for in-person service are your responsibility – so no, your 5 coffees are not included as part of the fee.
Important Information
Marketing is an artform, and I cannot guarantee that your content will go viral or bring in dozens of clients overnight. The success of your content depends on many factors, including your social media strategies, SEO ranking, niche clarity and many others that I am not responsible for.
The same goes for your health VA business. I will bring all of my knowledge and experience to the table, but I cannot guarantee that you’ll sign a 5-figure client in the exact timeframe as myself or a previous participant. There are countless factors that influence your business journey – I’m just here to help you tip the odds in your favour.
I’ll do everything I can to help you achieve your goals, but like a practitioner-client relationship, it’s up to you to do your part.
If you’re looking to get the most value out of working with me (who doesn’t want that!), there are a few things that we need to consider.
The clients who see the best return on investment – both in terms of marketing and VA work – have some key attitudes and approaches in common. They:
✔️ Strive for the next level of their business in terms of income, structure and mindset
✔️ Are able to take a little bit of tough love if it means getting what they truly desire
✔️ Love the idea of collaboration over competition
✔️ Understand their strengths and weaknesses, and see how I can help to bridge the gap and add support into their business structure
✔️ Don’t have an issue with investing (within their means) into their business growth whether it be through training, outsourcing, or a combination of the two
It’s important that you do any homework set for you, and don’t share your marketing or business plan with those outside of your business support team (after all, it’s tailored to you, not to them!)
Limitations
While I offer a bevy of awesome services, they are not a substitute for others. The advice I give you will not be considered financial advice or legal advice. When I share information in courses and programs, that is not the same level of support you can expect from direct advice given by a business coach, mentor or marketing consultant.
Suitability
These services are designed to support health practitioners, healers, bodyworkers and health coaches. Anyone who has undertaken formal education (from certificate to tertiary level) and who has an interest in supporting health in their clients and/or customers may suit this service.
My current and previous clients include naturopaths, nutritionists, herbalists, dietitians, myotherapists, osteopaths, hypnotherapists, psychologists, personal trainers and bioresonance practitioners.
People who work with mindset, mental well-being or any other contributing factors to health may suit these services. It may also suit other businesses that support these people, such as natural health stock photographers, large multi-modality health clinics, health food brands or health food stores.
However, it is important to note that these services are NOT designed to be suitable for those solely running a MLM or network marketing business. If this is your sole service, I am happy to refer you to a trusted colleague who is better suited to your needs.
When it comes to the VIP services, these are not suitable for new practitioners who are yet to establish a regular, healthy level of business income. If this is you and you are keen on outsourcing part or all of your marketing, I may be able to matchmake you with a VA who is better suited to your needs.
If you would like to discuss whether your needs suit my offers, please contact my team with some details about your business and we will run you through any suitable options.
Limitation Of Liability
Minor and major problems can arise – that’s just life! Minor problems such as tech issues (hello, Zoom crashes and internet outages), family emergencies and sudden illness or condition flares may pop up from time to time.
It’s also important to note that I am an active member of the Country Fire Authority (CFA) and on occasion, I may be out on a call that prevents me getting home in time for our session.
In the case of minor issues that impact on your time with me or the services, rescheduling of partial or full sessions will be offered free of charge so that you get the appropriate amount of time for your sessions. For a reschedule of a session due to illness or another emergency, I appreciate as much notice as possible.
Major problems may include an extended period of illness, the need to care for a family member and pause all business operations, or any other unforeseen event, which takes you or I away from the business for an extended amount of time.
In this case, I may offer a partial refund based on where we are up to in the service. You may also choose to opt out of a refund and continue the service at a later date.
I take my obligations under Australian Consumer Law seriously and will do my best to address any issues that arise. However, even if there is a major problem, my liability is strictly limited to:
providing the services again; or
if I am unable to do so within a reasonable time, paying the cost of having the relevant services supplied to you again
If you feel that there is any problem, please let me know within 7 days of commencement or purchase. I am keen to understand what has gone wrong if you are unhappy so that I can address your concerns and try to find a mutually acceptable solution.
I do not make any guarantees or warranties about the accuracy of any material displayed on this website, with the exception of any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law. I am human and errors creep in despite the best of intentions. If you see something that doesn’t seem right, please let me know.
While I make all reasonable efforts to ensure that this website and my services and products meet with the highest standards, if something does go wrong that is not a direct result of my negligence, misrepresentation or deliberate fault, you agree that, to the fullest extent permitted by law, I will not be liable for any loss or damage arising out of or related to my website, any products or services purchased through it, or any material posted on it, irrespective of whether such damages were foreseeable, and regardless of the nature of the claim.
You take full responsibility for your implementation of any suggestions that I may make while providing my services. You understand that my advice is limited to providing you with options for your consideration, and that you are solely responsible for any actions that you choose to take. Always consult your own values and vision, do your own research, and check with appropriately qualified professionals before making major decisions or making significant changes. You agree to indemnify me against all consequences arising directly or indirectly from your choices.
You expressly agree that if this limitation of liability is unenforceable for any reason, my total cumulative liability for all causes of action of any kind shall not exceed the amount that you have paid to[me for my products or services.
Intellectual Property
The content of this website, along with my courses, resources, ebooks and whatever else I create for you, is protected by copyright. No portion of this website may be copied or replicated in any form without my written consent. You are welcome to share links and quotes from the content as long as it is accompanied by a direct link to the page where you found the content.
If you are a student participating in my training, course content may be printed or downloaded to a local hard disk strictly to support your activities as a business owner. Course content contains my trade secrets that are offered exclusively to students. It is an essential condition of participation that you agree that you will not provide extracts of any course content to anyone else under any circumstances.
Commercial exploitation of my content in any way that competes with my business is strictly prohibited. You may link to my home page, provided you do so in a way that is fair and legal and does not damage my reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on my part where none exists.
Payment Terms
When paying for services, payment can be made via Stripe or bank transfer for Australian clients. International clients may request Paypal if they are unable to use Stripe.
Some services come with payment plans available. The information about payment plan options will be provided to prospective clients when requested.
Unless otherwise arranged, online payments are made using Stripe – to see their security information, click here. If you choose to save your credit card details through Stripe, they will be stored as per their security protocols. I do not have direct access to your account details.
Payment terms are specific to each service type. Some are subscription-based, and others will require me to issue an invoice upon completion of the service. For invoices, payment is due within the time period noted on the invoice. If I have not received payment by that date, you will be sent a reminder (because we’ve all forgotten invoices before!)
If an invoice is more than 90 days overdue, you agree to pay all costs, including debt collection agency fees and solicitor’s costs, that I may incur in taking steps to recover any money that you owe to me, whether or not legal proceedings are issued in relation to the debt.
When offered, payment plans are offered for your convenience only, so you can spread your payment out over time. You are still committed to paying the whole amount, even if you change your mind about completing the program, as you have had access to my intellectual property.
It is your responsibility to ensure you have sufficient funds to make payment instalments on time. If a payment is overdue by more than 48 hours, I may suspend access to the program content or cease working on your content until your payments are up to date. If your payment is more than 7 days overdue and you have not contacted me to make alternative arrangements, the payment plan will be cancelled, I will send you an invoice for the whole amount remaining, and my normal payment terms will apply to that invoice.
Delivery
Delivery for all online 1:1 and VIP sessions takes place via Zoom unless otherwise stated. When you book an appointment, you will be sent details about downloading Zoom. 24 hours notice is required for all cancellations and reschedules of appointments.
Appointment Policy
When you don’t show up for an appointment, my time is unable to be used on other tasks as I’m sitting there, staring at a blank screen. As such, 24 hours notice is required for all cancellations and reschedules of appointments. You will be reminded 24 hours before your appointment that it is coming, which is your last opportunity to contact me and let me know to avoid a fee!
Late cancellations/reschedules and no-show appointments may result in an additional fee being charged based on the length of the appointment. This information is provided in your confirmation & reminder emails.
Emergencies do arise from time to time, which I understand. In this case, I may choose to waive your cancellation fee and reschedule once the emergency abates.
Refund Policy
Change Of Mind
Each service has a specific returns policy within the client agreement you will receive. In most cases, I may offer a partial refund to clients who change their mind within a reasonable time frame.
Most 1:1 services require an investment of my time, so a full refund is not practical. However, if you are unhappy after our first session together, and notify me within 7 days of the session, I will refund your money minus an appropriate admin fee to cover the time spent together.
If we have not commenced with service when you change your mind, I will refund your money minus any Paypal or Stripe fees (if applicable).
For courses and programs, I offer a partial refund if you change your mind about your purchase within 7 days of purchasing. Please note that I also charge an administrative fee of $25 for processing your refund.
For memberships, you may choose to cancel at any time via the Simplero website.
For long-term VIP clients, you may choose to cancel but it may incur a fee if you cancel before you complete your minimum commitment timeframe. If you’re uncertain, consult your Client Agreement document or contact me for a copy if you’ve misplaced it.
Visitor Information
Respectful Communication
You may have an opportunity to interact with myself and others by commenting on blog posts. It is important to note that I have a zero-tolerance policy when it comes to spam and disrespectful behaviour towards myself or others. If you have nothing nice to say, don’t say it at all – because I will simply delete rude, offensive and/or inappropriate comments.
For those of you who are in my memberships, courses and programs – please respect the confidentiality of other participants and what they share.
Third-Party Content
From time to time, I will post articles that contain information provided from other people in the industry. This content represents their opinion, not mine. A link will be provided to their site so you will be able to review their terms and conditions for content.
I may use affiliate links in my content from time to time. However, I never affiliate with anyone who I haven’t personally used and/or seen success with my current clients. I will only share affiliate links to services and products that I love and would recommend to anyone!
Jurisdiction & Dispute Resolution
Disputes aren’t pretty, but they happen. So here is what happens if we encounter one.
My business is conducted in Victoria, Australia. This agreement is subject to the governing law of Victoria. Regardless of where you live in the world, you irrevocably agree that if the dispute resolution processes fail, the courts of Victoria, and the Commonwealth of Australia, will have exclusive jurisdiction.
Negotiation
If you have any issue or complaint arising out of services purchased or these terms and conditions, we agree to make a genuine effort to resolve the dispute through negotiation and discussion where appropriate.
You agree to communicate with me with the intention of making a genuine effort to seek a win/win solution and trying to resolve the dispute in good faith through negotiation and discussion. Please contact me via the contact page and expect a response within 5 business days.
Mediation
If we have a dispute and are unable to resolve it by negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an independent accredited mediator, seeking mediation online or by telephone if we are not both geographically located within 100kms of each other.
The mediator is to be appointed by agreement between us or, failing agreement within 21 days of the negotiation period ending, the person initiating the dispute will seek the appointment of a dispute resolution professional by the President of the Law Society of Victoria or similar neutral authority.
We agree to share the costs of mediation equally between us.
Litigation
Going to court over any disagreement is a last resort. It may not be taken as a step until we have attempted negotiation and gone through an independent mediator without success.
Non-disparagement
This is not a playground, so there is no need to act like children. If a dispute arises, we all agree that we will not engage in any public discussion about the issues, we will behave politely towards each other, and we will avoid any conduct or communication which might reasonably be expected to unreasonably interfere with any other person’s business or personal interests.
Updated: April 2022