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Terms & Conditions

Please READ carefully, as this pertains to the Agreement of your registration with any of the products sold (each, a “Program” or “Product”) by Kensho Psychology Ltd, trading as The Unstuck Initiative (“Company”).

By purchasing our products, you (“Client”) agree to the following terms.

PROGRAM

Kensho Psychology Ltd provides online course content, membership access, group coaching, and 1:1 sessions, identified as educational aids, to help Clients improve their mental state and understanding of anxiety. Client agrees to abide by all policies and procedures outlined in this Agreement as a condition of participation in any Program.

Company's current Programs include, without limitation: the Finally Unstuck membership; the Eight Shifts Programme (available standalone or within Finally Unstuck); the Panic Relief Formula and EASE Method self-study courses; The Anxiety Solution live class; the Anxiety Audit and The Personal Recovery Intensive 1:1 services; and the Anxiety Rewired Retreat. Company may add, retire, or modify Programs at its discretion.

DISCLAIMER

Client understands that The Unstuck Initiative and Kensho Psychology Ltd is not acting as an employee, agent, lawyer, doctor, manager, public relations or business manager, registered dietician, financial analyst, or accountant. Client understands their participation in any Program will not treat or diagnose any disease, illness, or ailment, and that if they experience any such issues they should see their registered physician or other appropriate practitioner.

Client understands that neither Diante Fuchs, The Unstuck Initiative, nor Company has promised, nor is obligated to provide:

  • A complete “cure” of anxiety or any related mental health condition.
  • Ongoing coaching, mentoring, or consultation beyond the specific Program purchased.
FINANCIAL OBLIGATION

Client is responsible for completing all payment plans associated with Products they purchase. Company reserves the right to seek recovery of unpaid amounts, including via a collection agency, to the extent permitted by law.

METHODS OF PAYMENT

Company accepts Visa, Mastercard, and American Express. Where Client selects a monthly membership or an instalment plan, Client authorises recurring charges to the card provided until the membership is cancelled or the instalment plan is paid in full.

REFUNDS AND CANCELLATIONS

Refund and cancellation terms differ by Product, as set out below. To request a refund where one applies, Client must email [email protected] with their order details and reason for the request.

Finally Unstuck (monthly membership)
  • New members receive a 3-day free trial from the date of sign-up.
  • Company will send a reminder before the trial ends and the first billing date is charged.
  • If the membership is not cancelled before the trial ends, Client's payment method will be billed and the membership will continue on a monthly, cancel-anytime basis.
  • Client may cancel at any time, with no notice period, from within their member profile. Cancellation must be completed before the next billing date to avoid being charged for the following month.
  • No refunds are issued for any month already billed, including partial months.
Eight Shifts Programme (standalone purchase)
  • Client has 7 days from the date of purchase to request a full refund.
  • To request a refund, Client emails [email protected] within the 7-day window.
  • No refunds will be granted for requests made after the 7-day window has closed.
All other self-study courses

All other self-study courses (including, without limitation, the Panic Relief Formula and the EASE Method Course) are sold on a non-refundable basis. Client is encouraged to review course details, previews, and Company's contact information before purchasing.

1:1 services (Anxiety Audit and The Personal Recovery Intensive)

The Anxiety Audit and The Personal Recovery Intensive are non-refundable once the first session has been delivered. Where Client wishes to end a Personal Recovery Intensive arrangement before its sessions are complete, this is only possible by mutual written agreement between Client and Company; any remaining balance owed under a payment plan continues to be due regardless of early termination.

Retreat

Deposits and payments for the Anxiety Rewired Retreat, or any future retreat, are non-refundable except where separately stated in that retreat's specific booking terms at the time of purchase.

General

Results cannot be guaranteed. It is the Client's responsibility to implement the skills and strategies taught in any Program. Outcomes vary from person to person and depend substantially on the Client's engagement and participation. All refund decisions outside the specific windows above are at Company's sole discretion.

CONFIDENTIALITY

Kensho Psychology Ltd respects Clients' privacy and expects Clients to respect the privacy of Company and other participants. This is a mutual confidentiality undertaking. Any confidential information shared by Company, other participants, or any Company representative is confidential and proprietary, and belongs solely to the person or party who disclosed it.

Client agrees not to use confidential information shared in group calls, community spaces, or the forum for any purpose other than participation in the relevant Program. Confidential information does not include information Client rightfully obtains independently from a third party.

Both parties will keep private information in strict confidence and use reasonable efforts to protect it against disclosure, misuse, or loss.

Client agrees not to violate the publicity or privacy rights of Kensho Psychology Ltd, and will not reveal to any third party any information obtained in connection with this Agreement or Company's dealings with Client, including names, contact details, or other participants' identifying information. If Client violates, or shows a clear likelihood of violating, this section, Company and/or affected participants are entitled to seek injunctive relief to prevent further violation.

CLIENT RESPONSIBILITY

Products developed by Kensho Psychology Ltd are for educational purposes only. Client accepts full responsibility for their own progress and results. Client understands that outcomes vary significantly between individuals, that ongoing effort is required to maintain progress, and that there is an inherent possibility of little or no improvement, or of an adverse reaction, as with any educational or wellbeing programme. There is no guarantee that Client will achieve any particular goal through participation. Company's Program content and materials are intended for a general audience and are not individualised advice. Company assumes no responsibility for errors or omissions in Program materials.

AUTHORIZATION AND RELEASE

Client affirms that any statements or endorsements they make regarding their participation are factually accurate and reflect their honest opinions, findings, beliefs, and experiences. Client waives rights of ownership, inspection, or approval over any recording, reproduction, or publication of their name or testimonial in connection with a Program, and releases Company from claims arising from such use, including claims of invasion of privacy, publicity, defamation, or copyright, except where such use was not authorised by Client.

Client warrants they are at least 18 years of age and competent to enter this Agreement. This release binds Client's legal representatives, heirs, and assigns.

LIMITATION OF LIABILITY

Client acknowledges that Programs are educational only and that Client participates at their own risk. Client releases Company, its officers, employees, directors, contractors, agents, and related entities (“Releasees”) from claims, damages, and liabilities of any kind arising from Client's participation in a Program, to the fullest extent permitted by law. This release does not apply to loss or damage caused by Company's gross negligence or wilful misconduct, or to any right Client holds under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 (NZ) that cannot lawfully be excluded.

NON-DISPARAGEMENT

Client agrees not to make false or misleading public statements about Company, its Programs, or its representatives. This clause does not restrict Client's right to leave an honest review, raise a genuine complaint with Company or a regulator, or exercise any right under consumer protection law.

INDEMNIFICATION

Client will indemnify and hold harmless Company, its officers, employees, contractors, directors, and related entities against claims, damages, and reasonable costs arising from Client's use of the Products, except where these arise from Company's breach of this Agreement or its sole negligence or wilful misconduct. Company's shareholders, trustees, affiliates, and successors are not personally liable for Company's actions or representations.

NO TRANSFER OF INTELLECTUAL PROPERTY

All Program and course materials are copyrighted and proprietary to Kensho Psychology Ltd. Materials are licensed to Client for individual, non-commercial use only. Client may not use, reproduce, or distribute Company's intellectual property, including the EASE Method, the Anxiety Trifecta framework, or the Eight Shifts Programme content, for any business or commercial purpose. No licence to sell, distribute, or sublicense Company's materials is granted or implied. If Client violates, or shows a clear likelihood of violating, this section, Company is entitled to seek injunctive relief.

INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement creates a partnership, joint venture, or similar relationship between the parties. Each party is an independent contractor and retains control over its own personnel.

FORCE MAJEURE

Where a cause beyond Company's reasonable control (including acts of God, war, terrorism, government travel advisories, or civil disturbance) makes it illegal, impossible, or unreasonably costly for Company to perform its obligations, Company's performance is extended without liability for the period of the delay.

SEVERABILITY / WAIVER

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions continue in full force. A party's failure to exercise a right under this Agreement is not a waiver of that right.

ASSIGNMENT

Client may not assign this Agreement without Company's prior written consent.

MODIFICATION

Company may modify this Agreement at any time. Updated terms will be posted on Company's website, and material changes will be notified to active members or clients.

TERMINATION

Company may, at its discretion, limit, suspend, or terminate a Client's participation in a Program without refund if the Client is disruptive, fails to follow Program guidelines, impairs other participants' experience, or otherwise breaches this Agreement. Client remains liable for any amounts already due under a payment plan at the time of termination.

RESOLUTION OF DISPUTES

Disputes not resolved through good-faith negotiation will be submitted to the New Zealand Arbitration Association. Claims against Company must be lodged within 100 days of the event giving rise to the claim, or be forfeited. Arbitration will proceed within 90 days of the arbitration demand where reasonably practicable, with both parties cooperating on discovery and scheduling. The arbitrator's written decision, including any costs award, is binding and may be entered and enforced in any court of competent jurisdiction. In disputes concerning unpaid balances owed by Client, Client is responsible for reasonable arbitration and legal costs.

EQUITABLE RELIEF

Where a dispute arises for which monetary relief would be inadequate and a party may suffer irreparable harm without an appropriate remedy, that party may apply to a court of competent jurisdiction for equitable relief, including a temporary restraining order or injunction.

NOTICES

Notices under this Agreement may be delivered personally, by registered or certified mail (postage prepaid, return receipt requested), or by email to [email protected]. Notices delivered personally are deemed received on the date of actual receipt; mailed notices are deemed received three days after mailing.

This Agreement is binding on the parties and their respective heirs, executors, administrators, successors, and permitted assigns. This Agreement constitutes the entire agreement between the parties on its subject matter and supersedes all prior discussions, proposals, and understandings. This Agreement is governed by the laws of New Zealand.