TERMS AND CONDITIONS
By accessing this website or purchasing any products or services, you agree to these Terms and Conditions.
This website and all associated offerings are operated by Giarne Ashby under the ABN C J Ashby & G Ashby (58 717 339 450).
These Terms may be updated from time to time. Continued use of the website or services constitutes acceptance of any changes. These terms should be read together with our Privacy Policy available here. Our Privacy Policy explains how we collect, use and store your personal information.
1. NATURE AND SCOPE OF SERVICES
Services and content provided via this website may include:
Coaching
Education and training
Workshops, programs, and group facilitation
Digital products and resources
Physical products
Creative works and artwork
The above are informed by Giarne Ashby’s allied health background, professional training and experience, lived experience as a neurodivergent adult and creative work.
This content is general in nature, and designed for broader audiences and is NOT an individualised assessment, diagnosis or treatment from a health professional.
Regardless of Giarne Ashby’s professional background or ongoing registration as a health professional no therapeutic, clinical or clinician-client relationship is formed through the use of this website, participation in any program or community or purchase of any product, digital or physical.
Content, programs and resources are not replacement for individual therapy, clinical intervention or occupational therapy assessment and treatment. If you require individual clinical support you should seek this from your own qualified registered health professional. This may include Giarne Ashby in her separate capacity as a registered Occupational Therapist through Ashby Therapy Services - engagement in that capacity is governed by separate terms and forms a separate clinical relationship.
By using this website or purchasing any product or service you confirm that you are at least 18 years of age, and have legal capacity to enter into a binding agreement.
2. EDUCATION AND INFORMATIONAL CONSENT
All content provided is for educational, informational, and general interest purposes only.
Content may draw on professional knowledge, lived experience, and personal opinion.
Nothing on this website or within programs constitutes medical, psychological, therapeutic, legal, or financial advice.
Participation in any offering does not replace assessment or treatment by an appropriately qualified health professional.
3. RESPONSIBILITY AND ASSUMPTION OF RISK
You acknowledge that participation in coaching, programs, workshops, or use of any content is voluntary and undertaken at your own discretion.
You remain solely responsible for your decisions, actions, wellbeing, and outcomes.
Results and outcomes are not guaranteed.
If you have concerns relating to your physical health, mental health, safety, or capacity to participate, you should seek support from an appropriately qualified professional.
4. PAYMENTS AND PRICING
All prices are listed in Australian dollars unless otherwise stated.
Payment must be made in accordance with the terms presented at checkout or any agreed payment plan.
Failure to complete payment may result in suspension or removal of access to products, programs, or services.
5. REFUNDS AND AUSTRALIAN CONSUMER LAW
Refunds and Australian Consumer Law
Refunds are provided in accordance with Australian Consumer Law.
Change of mind refunds are not provided for digital products, downloads, recordings, or online content.
Technical access issues will be addressed where reasonably possible.
Other refund requests are assessed on a case by case basis at the provider’s discretion.
Nothing in these Terms limits your rights under Australian Consumer Law.
Cancelations Policy - 1:1 Sessions as part of any programs or packages - sessions cancelled or rescheduled with less than 48 hours notice may be forfeited or charged in full, at our discretion.
6. INTELLECTUAL PROPERTY AND LICENCE
All content, materials, frameworks, artwork, illustrations, designs, text, recordings, videos, and resources remain the intellectual property of Giarne Ashby, unless otherwise stated.
Purchase of any product or participation in any program grants a personal, non exclusive, non transferable licence for personal use only.
You may not, without prior written permission:
• Reproduce
• Distribute or share
• Modify or adapt
• Sell or resell
• Sublicense
• Use for training, facilitation, or commercial purposes
This applies to all educational content, coaching materials, and artwork, whether digital or physical.
7. PHYSICAL PRODUCTS
Production and dispatch
Physical products are supplied for personal use only. Care, storage and use of physical products is the responsibility of the purchaser.
Many physical products are made-to-order through third party print and fulfilment partners. Production times are separate from and in addition to shipping times. Estimated production and delivery timeframes are provided at checkout or on the product page and are estimates only, not guaranteed delivery dates.
Shipping
Shipping costs are calculated at checkout based on your delivery address and items ordered.
Once an order has been dispatched, delivery is carried out by third party couriers or postal services outside our control. We are not responsible for delays caused by courier, customs or postal services once an order has left our fulfilment partner.
If your order is delayed beyond the estimated delivery window, please contact us at hello@giarneashby.com and we will assist you in tracking the order with the fulfilment partner or courier but we cannot guarantee a resolution time frame for third party shipping delays.
Incorrect delivery details
You are responsible for providing a complete and accurate delivery address at checkout. Orders returned to us or lost due to incorrect address provided by you may incur additional shipping costs to resend, which are payable by you.
Damaged, faulty or incorrect items
If your item arrives damaged, faulty or is not what you ordered, contact us at hello@giarneashby.com within 14 days of delivery with your order number and photo of the item received. We will arrange a replacement, reprint or refund in accordance with Australian Consumer Law.
Lost items
If a tracked order shows as delivered but you have not received it, or tracking has stopped updating for an extended period, contact us and we will lodge an inquiry with the courier. Where the courier confirms the item as lost, we will arrange a replacement or refund at our discretion in accordance with Australian Consumer Law.
Change of Mind
Because most of our physical products are made-to-order, change of mind returns are not accepted once production has commenced. This does not affect your rights under Australian Consumer Law for items that are faulty, not fit for purpose or significantly different from their description.
International Orders
Where international shipping is offered, you are responsible for any customs duties, import taxes or fees charged by your country’s customs authority. These are not included in the checkout price and are payable by you on delivery.
8. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Giarne Ashby and C J Ashby & G Ashby are not liable for any loss, damage, injury, or claim arising directly or indirectly from:
• Use of this website
• Participation in programs, coaching, or workshops
• Use of products, resources, or content
Nothing in these Terms excludes liability that cannot be excluded under Australian Consumer Law.
9. Indemnification
To the maximum extent permitted by law, you agree to indemnify and hold harmless Giarne Ashby and C J Ashby & G Ashby, and our respective officers, contractors and employees, from any loss, liability, claim or demand (including reasonable legal costs) arising from your use of the website, participation in any program or community or products (digital or physical) or breach of these Terms
10. Governing law
These Terms & Conditions are governed by the laws of Australia, with jurisdiction in Queensland.
11. Membership and Subscription Term
Where you purchase or access a paid membership (including the Neurodivergent Entrepreneurs community, transitioning to The Neurodivergent) the following additional terms apply:
Membership fees are billed on a recurring basis (monthly/annual, as selected at sign-up) until cancelled.
You may cancel your membership at any times, provided it meets any additional terms for that particular offer. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for the remainder of a billing period already commenced.
Members who held free access to the community prior to the date of transition to a paid community - as per the announcement shared in the community, retain that access under grandfathered terms for a duration of 3 Months as long as membership remains continuous. Grandfathered status is non-transferable and ends if a membership lapses or is cancelled prior to the grandfathered duration.
We reserve the right to change membership pricing, features or structure at any time. Existing members will be given a reasonable notice period - 14 days - before a price change takes effect on their account.
Access to the community is a personal, non-transferable licence. Sharing log-in credentials or content access with non-members is a breach of these Terms.
11a VIP Circle - Fixed Term Commitment
The VIP Circle is a 12-month program. Regardless of whether you pay in full or via instalments, your payment obligation is for the full 12-month term.
Where VIP is accessed via monthly payments, monthly billing is a payment method only - it does not create a month-to-month or cancel-anytime arrangement. You are required to continue payments for the full 12-month term unless we agree otherwise with you in writing.
If you wish to end your participation prior to the end of the 12-month term, you remain liable for the remaining instalments unless a separate written agreement releasing you from that obligation is reached with us. This sub-clause applies in place of the cancel- anytime terms in Section 11 for VIP Circle specifically. The general membership terms in Section 11 still apply to VIP Circle where not inconsistent with this sub-clause.
12. Suspension and Termination of Access
We may suspend or terminate your access to any program, community or digital product without refund where you;
Breach these terms or the community conduct guidelines below
Engage in conduct that is abusive, harassing or harmful to other members or to us
Share, reproduce or redistribute paid content without permission
Fail to make payment when due
You may terminate your own access at any time by cancelling via your skool account settings or contacting hello@giarneashby.com. Termination does not entitle you to a refund except as required by Australian Consumer Law.
13. Community Conduct and Confidentiality
Where you participate in any community, group program or shared space (including the Neurodiverrgent Entrepreneurs Skool community, transitioning to The Neurodivergent Skool Community);
You agree not to share, screenshot or repost another members personal disclosures, stories or identifying information outside the community without their express consent
You agree to engage respectfully and to not harass, threaten, defame or discriminate against other members or facilitators
We may remove content or restrict access for members who breach this clause at our discretion, without refund.
While we take reasonable steps to protect the community space, we cannot guarantee the confidentiality of anything you choose to share and you disclose personal information at your own discretion.
You agree not to use the community to advertise or solicit for your own business, products, or services (including posting promotional content, discount codes, or affiliate links) without our prior written permission. Genuine, non-commercial mentions of your own work in the course of normal conversation are fine.
We reserve the right to make a judgement on what breaches this clause and the appropriate response, up to and including removal from the group. Where possible we will raise concerns with you first.
For more information consult our Privacy Policy here
14. Testimonials and Feedback
Where you provide a testimonial review or feedback (in any format) you agree that we may use it, along with your name and any details you’ve provided, on our website, social media, marketing materials or elsewhere, for promotional purposes at our discretion, unless you notify us otherwise in writing.
Testimonials reflect individual experiences, results are not guaranteed and vary between individuals. Nothing in a testimonial should be read as a claim about clinical or therapeutic outcomes.
15. NDIS Funding - Participant Responsibility
Giarne Ashby provides formal NDIS Supports only through Ashby Therapy Services, and only where a service agreement has been expressly agreed to in writing. Services, products and programs offered through this website are not delivered under an NDIS service agreement.
If you choose to use NDIS funding to pay for any service, product or program offered through this website, you do so at your own discretion and risk. It is your sole responsibility to determine whether the service is consistent with your plan, your support categories and the NDIS reasonable and necessary criteria, to manage any claiming reimbursements or plan manager requirements associated with that funding.
We do not provide itemised NDIS Support invoices, case notes or documentation formatted to NDIS practice standards for any service purchased through this website. If your plan management arrangements requires this level of documentation to release payment, you should confirm this with your plan manager before purchasing.
Nothing in this clause affects the obligations we hold under the NDIS Code of Conduct should NDIS funding be utilised to purchase products or services regardless of registration status or formal service agreements in place.
If you require NDIS-funded occupational therapy individual supports, please contact Ashby Therapy Services, where Giarne Ashby operates in this capacity, to discuss engagement under a formal service agreement with that separate entity.
16. Boilerplate
Sever-ability: if any part of these Terms is found to be unenforceable, the remainder will continue in full force and effect.
Entire Agreement: These Terms, together with our Privacy Policy constitute the entire agreement between us regarding your use of this website, and any related communities and supersede any prior agreements or understandings.
Assignment: we may assign or transfer our rights under these Terms at any time. You may not assign or transfer your rights without our prior written consent.
17. Force Majeure and Provider Unavailability
We will make reasonable efforts to deliver all scheduled sessions, workshops, and programs as advertised. However, delivery may occasionally be affected by circumstances beyond our control, or by Giarne Ashby’s own illness, injury, or health-related incapacity, including chronic or episodic conditions.
Where a session, workshop, or program cannot proceed as scheduled for these reasons, we will, at our discretion and to the best of our ability:
• reschedule the session or program to a later date;
• provide a recording or alternative format where reasonably possible; or
• offer a credit toward a future session or program.
Cancellations for these reasons do not entitle you to a refund unless we are unable to provide a reasonable alternative (rescheduling, recording, or credit) within a reasonable timeframe, in which case a refund will be provided in accordance with Section 5.
This clause does not limit any rights you hold under Australian Consumer Law.
8. RECORDING AND AI-ASSISTED TOOLS
Some sessions, calls, and workshops — including within the Neurodivergent Entrepreneurs community — may be recorded, and some content and Neuro-Profile reports may be produced with the assistance of AI tools.
By participating in a recorded session, or by using a service that generates an AI-assisted report, you consent to this.
Full detail on recording, retention periods, AI data handling, and your rights is set out in our Privacy Policy.
We acknowledge the traditional owners of the land on which we live and work; the Bailai, Gurang, Gooreng Gooreng and Taribelang Bunda peoples and that this land has and always will be Aboriginal Land. We recognise give thanks, and pay our respects to the elders past, present and emerging.
We are committed to providing a safe and inclusive space for all individuals. This includes offering neuro-affirming and LGBTIQ+ safe spaces. You are welcome here.