Terms of Service

Effective Date:

June 10th, 2026
Company: Actually Pty Ltd
Website: divergentguides.com
Governing Law: New South Wales, Australia



  1. PURPOSE

These Terms of Service (“Terms”) govern access to and use of the website, services, online platforms, courses, educational materials, digital content, sessions, communities, and related offerings provided by Actually Pty Ltd (“Company”, “we”, “our”, “us”).

By accessing, purchasing, registering for, participating in, or continuing to use our Services, you agree to these Terms.

If you do not agree, do not use our Services.

  1. DEFINITIONS

Parent means the parent or legal guardian entering this agreement.
Participant means the youth participant and/or parent participating in Services.
Minor means a participant under 18 years of age.

Services include all 1:1 sessions, parent sessions, youth sessions, group programs, online courses, workshops, educational materials, digital communities, recordings, newsletters, and website content.

Community means any member platform, forum, group discussion area, or digital interaction space.

  1. ELIGIBILITY

Services are intended for families and youth aged 11 years and older.
Only a parent or legal guardian aged 18+ may purchase Services, create accounts for minors, provide consent, and enter contractual agreements.
Where youth participate directly, the parent remains legally responsible.
We may request verification of parental authority.

  1. NATURE OF SERVICES

The Company provides educational, developmental, mentoring, and wellbeing guidance services.

Services may include:

• parent guidance
• youth wellbeing education
• facilitated conversations
• personal growth frameworks
• strengths-based development
• group learning
• online courses
• community participation

Services are educational and supportive in nature.

  1. IMPORTANT PROFESSIONAL DISCLAIMER

Services are not:

• psychotherapy
• counselling
• psychological treatment
• behavioural intervention
• medical care
• diagnosis
• educational assessment
• crisis support
• psychiatric services

No clinical relationship is created.
Participation does not replace professional medical, mental health, educational, legal, or healthcare advice.
Parents remain responsible for obtaining professional support where appropriate.

  1. PARTICIPATION MODELS

Services may be delivered through:

(a) Parent-only sessions
(b) Parent and youth sessions together
(c) Youth-only sessions with parent consent
(d) Group sessions
(e) Self-paced and live online courses

Participation format remains at Company discretion.

  1. PARENT RESPONSIBILITY

Parents acknowledge and agree:

• they maintain decision-making authority
• implementation of guidance remains their responsibility
• they supervise minors appropriately
• they determine suitability of recommendations
• they provide accurate information

Parents remain responsible for the participants outside Company sessions.

  1. SAFETY AND LIMITS OF SERVICE

The Company may pause, refuse, modify, or terminate Services where:

• participant needs exceed service scope
• safety concerns arise
• there is repeated disruption
• disclosure suggests professional intervention is needed

The Company may recommend referral to external professionals.

  1. CHILD SAFETY AND ESCALATION

The Company maintains internal safeguarding procedures.
Where concerns arise regarding:

• immediate safety
• abuse concerns
• neglect
• serious welfare concerns
• disclosures of harm

the Company may:

• initiate internal review
• contact parents where appropriate
• recommend external support
• refer to relevant services where legally required

Confidentiality may be limited in these circumstances.

  1. . BOOKINGS AND PAYMENT

Fees are published through booking systems or agreements.
Payment must be received before delivery unless otherwise agreed.
Failure to pay may result in suspension.
GST treatment will apply according to Australian law.

  1. . CANCELLATIONS AND REFUNDS

Refunds, cancellations, rescheduling, and course access are governed by the separate Refund Policy.
By purchasing Services you agree to that policy.
Nothing excludes rights under Australian Consumer Law.

  1. . RECORDINGS

Some Services may be recorded.
Recording practices vary by service type and will be disclosed before participation.
Recordings may be used for:

• replay access
• educational continuity
• participant review
• safeguarding purposes
• service administration

Participation in recorded sessions constitutes consent where notice has been provided and required consents obtained.
Replay access periods may be limited.
Participants may not independently record Services.

  1. . COURSE ACCESS

Course access grants a limited, revocable, non-transferable licence.

You may not:

• share logins
• reproduce materials
• distribute recordings
• upload materials elsewhere
• resell content

Access may be removed for misuse.

  1. . COMMUNITY RULES

Community participation is available to approved parents and authorised youth participants.

Users agree:

• respectful communication
• no harassment
• no hate speech
• no bullying
• no inappropriate private contact
• no collection of participant information

The Company may moderate, suspend, remove content, or terminate access.
The Company does not guarantee confidentiality within community spaces.

  1. . EMAIL COMMUNICATIONS

Users may receive:

• administrative notices
• educational updates
• newsletters
• marketing communications

Users may unsubscribe from marketing communications at any time.
Service-related communications may continue where necessary.

  1. . PRIVACY

Collection and processing of information are governed by our Privacy Policy.
Parents represent they are authorised to provide information relating to minors.

  1. . THIRD-PARTY SERVICES

We may use third-party providers including:

• payment platforms
• scheduling systems
• video platforms
• learning management systems
• communication tools

We are not liable for outages or third-party failures.

  1. . INTELLECTUAL PROPERTY

All content remains Company property, including:

• curriculum
• recordings
• frameworks
• guides
• videos
• branding
• website content

No rights transfer to participants.

  1. . TESTIMONIALS

Testimonials reflect individual experiences only.
Results are not guaranteed.

  1. . LIMITATION OF LIABILITY

To the maximum extent permitted by law:

The Company excludes liability for indirect, incidental, consequential, emotional, educational, reputational, or financial loss.
Where liability cannot be excluded, liability is limited to:

(a) resupply of services; or
(b) repayment of fees paid.

  1. . INDEMNITY

Parents agree to indemnify and hold harmless the Company from claims resulting from:

• breach of these Terms
• misuse of Services
• unauthorised sharing
• failure to supervise minors