These terms and conditions form a contract between you, "the client" and Zoe Kluga, (“Zoe”, “ADHD Actually”, “we”, “us”, “our”)

It is a requirement to be 18+ to use this service. In signing up you are stating that you are at least 18 years old on the day you have signed up. Underage sign ups risk getting banned from the service with no refunds given.

The membership can’t be shared with another individual and any sign up has to be done under the name of the individual joining the membership. You can’t sign up as someone else.

If you require assistance and need to have another individual on screen with you - please reach out via email adhdactually@gmail.com ahead of your first session.

ADHD Actually Membership
Monthly - $14/month (USD)

Monthly memberships are billed on the first of the month each month.

A pro rata rate will be charged on the day of sign up and determined by the amount of days left before the new month.

Yearly Membership - $168/year (USD)

New yearly memberships are billed on the first of July annually. A pro rata rate will be charged on the day of sign up and determined by the days left before July 1st.

Members changing from the monthly to the yearly plan will be billed the full amount of the yearly membership when they sign up.

Prices are in USD and exclude transaction fees. Please allow for an extra 80-90c per transaction - it will be determined by your payment provider.

Due to plan changes relying on self service, you can cancel/rejoin at anytime. On cancellation your plan stops just before the next billing date.

Refunds will not be given for changing your mind about the service or forgetting to cancel.

Joining the membership is accepting responsibility to cancel your own membership before the billing date.

Any email sent to adhdactually@gmail.com with a request to cancel will be sent a reminder about the membership being self service.

Refunds due to a computer system error
Example; A member states they clicked cancel but it didn’t go through and they were charged

Cancellation emails are generated automatically on cancellation and are proof of activity. The membership system also registers log on activity and it is not possible for someone to cancel and for both them and myself to not receive emails. In the event of a tech issue - it will still show whether a member attempted cancellation.

Any member who is charged after an attempt to cancel will be refunded.

Scheduled body doubling sessions have a host (“Host”, “the Host”) which may be Zoe or a Memberhost, who is a member trained to run a session.

Joining the membership is a promise to follow any rules or guidelines, as well as acknowledging and agreeing to;

• keep your screen on and sound muted

• change your screen name to your sign up name

• join within the 10 minute timeframe. You accept that after 10 minutes you will not be allowed in to the session.

• be on screen ahead of the break out room being set up and immediately after arriving in your break out room.

  You acknowledge that in the case you have your screen off or are away from the screen - the Host reserves the right to place you into the wait room rather than a session room where you will not be able to participate.

• keep your screen on at all times and only use ‘stop video’ if someone is in shot or if you need to move your device.

• make sure no other people are on screen with you where they can see your screen. If someone is in shot, they must have their back to the camera.

  If leaving your screen unattended you are responsible for telling those in your household not to come on screen.

• not film or record or photograph the sessions, either for your personal use or to post on social media. We take member privacy seriously.

• not have children on screen at any time

• be mindful of any activity at close range to the camera.

• actively participate. These sessions are not appropriate for naps or sleeping. This is something you can do in between sessions or if you are needing to lay down or rest during the session, you can do it off screen.

Hosts Reserve The Rights

You acknowledge that the session Host reserves the rights to turn your video off, mute your sound. remind you of the rules, send a private message to you on the session or remove you with or without notice on any session.

Scheduled Sessions

The membership aims to provide 62 scheduled body doubling sessions weekly. Joining the membership is acknowledging;

• A session may not run due to personal circumstances that prevent a Host from hosting or giving notice to arrange cover.

• A session may not run due to technical difficulties

• Sessions may be cancelled with or without notice at any time

• Public holidays may affect running times and scheduled sessions.

• If a session does not run, members can use the links in the forum to access a 24/7 Zoom room

• If a session is unable to run due to a fault with Zoom, Kumospace will be used - with links in the forum guidelines and a post on the booking page.

Using the memberforum via Circle requires you to follow and adhere to the community guidelines as listed in the space "Forum Guidelines".

It is acknowledged in signing up that you will either read the the guidelines, or that you are open to kind reminders when not following the guidelines.

Anyone who uses the comments, replies and/or DMs for any of the following behaviours will be removed from the forum (either temporarily or permanently) and may possibly be removed from the membership.

• selling, promoting, lead generating or advertising a direct sales/multi marketing business

• using the forum only to gather research materials that will be used in a study or to post links to research surveys

• organising medication buying, selling or anything that requires transportation of medication.

• sexual or explicit conversation, sharing of sexual or explicit pictures, videos, articles or any other materials.

DMs require consent to continue conversation. If you have messaged someone and they do not reply, you are not allowed to continue to message them.

The membership is run via Circle who have their own Privacy Policy and though ADHD Actually has secured the forum, signing up is acknowledging that with any private forum there is still risk when sharing personal information.

It is strongly advised that you do not share personal and identifiable information. ADHD Actually holds no responsibility for any information you willingly share on a session or on the forum, or any outcome from sharing your information.

The weekend in the membership refers to the timeframe of F10 - A7 - or AWST Saturday 9am - Monday 6am. It is the members within the forum who organise their own weekend sessions and activities in this time.

The 24/7 Zoom room, forum and Kumospace are not monitored in any way during this time frame and members who organise their own sessions are not required to follow the structure or rules that the scheduled sessions do.

It is up to you to decide whether or not these additional social services are right for you, and ADHD Actually is not responsible for the activity on Zoom, Kumospace or any session during this timeframe.

This membership uses

• Stripe to process payments [Privacy Policy]

• Memberspace for the membership [Privacy Policy]

• Squarespace for the website [Privacy Policy]

• Circle for the membership forum [Privacy Policy]

• Zoom for body doubling sessions [Privacy Policy]

• Kumospace for socialising [Privacy Policy]

• Information for hosts, data for raffles, is held in Google Sheets [Google Privacy Policy]

The membership’s role is to support and assist you in your ADHD journey. We cannot guarantee that undertaking this membership will ensure a positive experience or produce a certain kind of result.

Each person’s individual experience is completely dependent on a range of different factors. Any member reviews, statements or examples advertised or available on our Site or via any content we communicate with you (including any newsletter, social media or other advertising), may be edited due to length or to correct any errors in spelling or grammar.

Any review is not a guarantee that you will experience something similar.

PERSONAL RESPONSIBILITY

By participating in the membership, you acknowledge you are solely and personally responsible for your own experience and that the membership is made up of members from all walks of life.

You acknowledge that each member is responsible for their own safety within the forum, and on sessions - and though every effort will be made to encourage respectful behaviour, safety, trigger warnings etc - due to personal responsibility there is no guarantee this will occur.

Though every effort has been made to keep the forum private, it consists of individuals who have the ability to breach confidentiality or utilise the information in the forum in unauthorised ways. It is encouraged that you keep this in mind when choosing how much personal information to share.

You further acknowledge and agree that you will undertake your own due diligence and judgement before applying anything you have gained or learned from the membership, anything mentioned on a body doubling session or in the forum by any member or Host within the membership.

This Site is owned and operated by Zoe Kluga [ABN 18 291 031 211] trading as Zoe Kluga (referred to in these terms as “ADHD Actually”, “we”, “us”, and “our”). Please take the time to read the terms of use (“Terms”, “Terms & Conditions”) that are applicable to your use and enjoyment of this Site.

These Terms together with our Privacy Policy apply to all Site visitors, subscribers, customers, and all other users of the Site (“user”, “you” and “your”).

Accessing and using this Site, in anyway, is accepting the Terms and Conditions on this page.

By using the Site, accessing or purchasing any products or services, you warrant that:

• you are over 18 years of age and have the legal capacity to enter into a legally binding contract;

• have read and accepted these Terms; and

• will comply with these Terms.

We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site and services. If at any time you choose not to accept these Terms, you should not use this Site.

By remaining on this Site and your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you during your use of the Site. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.

The Site, products and services contain intellectual property owned by us and/or by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, images, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of the Site, the products and/or the services and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Site, the products and/or services or the Content.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, our products and/or services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent.

We reserve the right to immediately remove your access to our Site, products and services, Content, without refund, if you are found to be violating these Terms.

Where you download or purchase our digital products (including checklists, guides, ebooks, workbooks, video or audio content) (Digital Products) you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Products for your own personal use.

You may not assign or transfer the Digital Products to any other person without Our express written consent.

We reserve the right, in our sole discretion, to accept or refuse to provide the products and/or services to you at any time for any reason.

Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorised by us.

These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed here. By using this Site, you consent to the processing described in the Privacy Policy here.

Upon purchase of a downloadable product from this Site, you will receive an email with a link to complete the purchase of your product including, where applicable, a direct download for your product.

Products may be available on this Site without a need to purchase or download them. You agree and accept full responsibility and risk for downloading these products.

All digital products must be download within 24 hours.

You agree that it is your responsibility to have the appropriate programs and hardware available to access and use the downloadable products and that this is not a reason for which we can offer a refund.

Due to the nature of digital products, any orders received and processed by us for digital products available to be purchased online, has a strict NO REFUND/RETURN/EXCHANGE POLICY.

Where we send the wrong digital product we will send you the correct digital product and where the link provided to download is not working, we will send you the digital product direct or via a revised link at no extra cost.

All prices are in USD and exclude any card processing fees. The prices indicated on the Site may change at any time without advance notice to you.

If you’ve purchased one of our programs, courses, or other products and/or services, it will be charged at the price in force at the time a customer’s order is validated.

We reserve the right at any time to modify or discontinue the program, course, product and/or service without notice at any time. We shall not be liable to you, or to a third-party for any modification, price change, suspension or discontinuance of the program, course, product and/or service.

We reserve the right to reject or cancel any orders where you add more than one discount code or a private discount code that has not been directly shared with you.

You acknowledge and agree to make timely and full payments to us for the products and/or services purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card provided and agree to keep all billing information current at all times.

Where you fail to make payment or payment is declined for any reason, we may revoke your access to the product, future products and in cases where payment failure results in a cost to ADHD Actually, we may seek compensation.

Our Site may have content that is of a general nature and is not intended to constitute or replace professional advice for individual or specific situations and does not take into account your specific needs or circumstances.

The information contained on the Site is not a substitute for obtaining advice specific to your circumstances from a qualified professional. We do not accept responsibility for determining whether our products and/or services are appropriate for you.

We reserve the right to deny service and refund the cost of that product and/or service for any reason, without the need to disclose the reason.

You acknowledge and agree that we have not and do not make any representations or claims to personalised benefits or losses that may be derived as a result of your use of this Site, membership, courses, products and / or any services.

In addition to any other prohibitions, you must not, under any circumstances use the Site or its content:

a. for any unlawful purpose;

b. to solicit others to perform or participate in any unlawful acts;

c. to violate any international, federal, or state regulations, rules, laws, or local ordinances;

d. attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site;

e. hack into any aspect of the Service; corrupt data; cause annoyance to other users;

f. infringe upon the rights of any other person’s proprietary rights;

g. send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

h. attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, in no event are we responsible for any losses and expenses however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and /or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date.

Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

OUR RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

BREACH AND TERMINATION

The agreement constituted between us by your use of the Site may be terminated (a) where you breach any provision of these Terms; or (b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.

SEVERABILITY

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

CEASING OUR WEBSITE

We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

ASSIGNMENT

We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy and disclaimers) contained on this Site, constitute the entire understanding and agreement between us and you, in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.

GOVERNING LAW AND JURISDICTION

All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Western Australia, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly, cost effectively and efficiently as possible.

Where a dispute cannot be resolved, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Western Australia, Australia.