Terms & Conditions
1. Introduction
This website is owned and operated by Jemma Heydenrych, trading as Gentle Observations. These Terms and Conditions set out the rules under which you may use this website and the services, products, and resources available at gentleobservations.com.
Gentle Observations offers digital tools and resources designed for mental health care professionals, an online shop where these digital products can be purchased, a paid membership (the Therapy Resource Library) providing access to a curated library of resources, a free-to-join Freebie Library available to all registered users, and a blog containing professional insights and informational content.
By accessing or using this website in any way, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions in full. If you do not agree to these Terms, please leave this website immediately and do not purchase or access any products or services.
2. Eligibility
To use this website and access its products, resources, and membership, you must have the legal authority, right, and freedom to enter into these Terms and Conditions as a binding agreement. You must not use this website or access any of its services if doing so is prohibited in your country or under any law or regulation applicable to you.
While there is no minimum age restriction imposed by Gentle Observations, it is your responsibility to ensure that your use of this website complies with the laws of your jurisdiction. By using this website, you represent and warrant that your use is lawful in your location.
Access to paid membership content and digital products requires the creation of an account. By creating an account, you agree to provide accurate and complete information, to keep your login credentials confidential, and to notify hello@gentleobservations.com immediately if you become aware of any unauthorised use of your account.
3. Important Professional Disclaimer
The tools, resources, templates, and blog content available on this website are intended to support the professional practice of qualified mental health care professionals. They are educational and practical resources only.
Nothing on this website constitutes clinical advice, medical advice, psychological treatment, or a therapeutic intervention of any kind. The content on this website is not a substitute for professional supervision, clinical training, or the guidance of a licensed mental health authority or regulatory body.
By accessing, downloading, or using any product or resource from Gentle Observations, whether through a paid purchase, the Therapy Resource Library membership, or the free Freebie Library, you accept full responsibility for how those resources are applied within your practice. Jemma Heydenrych and Gentle Observations accept no liability for any outcomes arising from the use or misuse of any tool, template, or resource available on this website, regardless of whether it was obtained through a paid or free tier.
4. Key Commercial Terms
When you purchase a product or membership through this website, you enter into a legally binding agreement to complete that purchase. You are responsible for reading all product descriptions carefully before committing to a purchase.
All prices displayed on this website are in the currency shown at the time of purchase. Gentle Observations reserves the right to change pricing at any time and to correct any pricing errors that may appear on the site. The price applicable to your purchase is the price confirmed at the point of checkout.
Any applicable taxes or transaction fees will be applied at checkout and are the responsibility of the purchaser. Additional information about pricing is available on the relevant product and checkout pages.
Membership subscriptions are billed on a recurring basis as set out at the time of sign-up. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You are responsible for managing your subscription settings through your account.
5. Digital Products and Licensing
All products sold through the Gentle Observations shop are digital products. Upon purchase, you are granted a limited, non-exclusive, non-transferable licence to use the product for your own personal professional practice only.
You may not resell, redistribute, share access to, sublicence, copy, modify for redistribution, or otherwise transfer any digital product purchased from this website to any third party without prior written permission from Jemma Heydenrych.
Products purchased through the membership are accessible only while your membership subscription is active. If your subscription lapses or is cancelled, your access to membership-only content will cease. Products purchased separately through the shop remain available to you after purchase, subject to these licensing terms.
Some resources available through the shop and membership are built using Canva templates. These templates may contain Canva Pro elements. While every effort is made to use freely accessible elements, Canva updates its platform and access policies regularly and without notice. Gentle Observations cannot be held liable for any additional costs you may incur as a result of changes to Canva's access tiers or element availability. It is your responsibility to verify the accessibility of any Canva elements within a template before use.
6. Returns and Refunds
Because all products sold through Gentle Observations are digital and are made available for download or access immediately upon purchase, all sales are final. We do not offer refunds or exchanges on digital products once they have been accessed or downloaded.
If you experience a technical issue that prevents you from accessing a product you have purchased, please contact hello@gentleobservations.com within 7 days of purchase. We will do our best to resolve any genuine technical difficulties promptly.
For membership subscriptions, you may cancel at any time through your account settings. Cancellation will take effect at the end of your current billing period. No partial refunds are issued for unused portions of a billing period.
Gentle Observations reserves the right to assess refund requests on a case-by-case basis in exceptional circumstances. Any decision to offer a refund outside of these terms is made entirely at our discretion and does not create a precedent or obligation.
7. Membership Terms
Access to the Gentle Observations membership library is granted through a paid subscription managed via the Wix Pricing Plans system. Your membership gives you access to the resources, tools, and content available in the membership area for the duration of your active subscription.
Membership content is for your personal professional use only and may not be shared with, forwarded to, or accessed by any person other than the registered account holder. Sharing login credentials or membership content with others is a breach of these Terms and may result in your account being suspended or terminated without refund.
The content available within the membership may be updated, amended, added to, or removed at any time. Gentle Observations does not guarantee that any specific resource will remain available throughout your subscription period.
The following usage rules apply to all resources accessed through the membership. Members may not resell, edit for resale, or otherwise commercialise any resource obtained through the membership. Resources are licensed for personal use within your own professional practice only. You may not use membership resources as the primary feature or main selling point of any membership programme, online course, or subscription service you operate. Resources may be supplementary to your own content but must not be the core offering.
Members may not distribute unedited Word document or Canva template links to any third party. The ability to customise resources is a feature provided for members to adapt materials to suit their own clients. Members may share finalised, edited versions of resources (for example, as JPG, PNG, or PDF files) with their own clients, but the original editable links must not be shared or forwarded.
Membership resources are intended for use by mental health professionals working in small private practices, NGOs, and similar settings. The membership is not an outsourcing service and is not intended for use by graphic designers, large organisations, or individuals who intend to reproduce or redistribute resources at scale. Gentle Observations reserves the right to refuse access to any member whose use does not align with this intended purpose. Members are also expected to maintain professional conduct at all times. Constructive feedback is welcomed, but defamatory or disparaging statements about Gentle Observations, its products, or its services are a breach of these Terms.
Resources are offered in two formats where available. The Stylised Version is the original design and includes US Letter size, A4 size, and a fillable PDF format. This version is also available to purchase individually through the shop. The Word or Google Doc version is a simplified adaptation, as the formatting capabilities of those platforms are more limited. Not all resources have been converted to Word or Google Doc format. Currently, conversion is prioritised for workbooks and worksheets. If a specific resource is not yet available in your preferred format, you are welcome to submit a request and Gentle Observations will prioritise its conversion where possible. By agreeing to these Terms, you acknowledge that a particular resource may not yet be available in all formats.
Gentle Observations reserves the right to refuse any resource request at its discretion, including requests that do not align with the intended purpose of the membership, do not meet content standards, or are outside the scope of what the membership offers. Gentle Observations also reserves the right to use member comments, reviews, and messages as marketing and promotional material. Where feedback is shared publicly or used in marketing, identifying details will be handled with care.
8. Freebie Library
Gentle Observations offers a Freebie Library, a free-to-access collection of resources and tools available to all registered users of this website. Access to the Freebie Library requires the creation of a free account using the Wix Members Area. By creating an account and accessing the Freebie Library, you agree to be bound by these Terms and Conditions in full, including all usage restrictions set out in this document.
The fact that Freebie Library resources are available at no cost does not alter the usage restrictions that apply to them. All resources in the Freebie Library are subject to the same rules as those in the paid Therapy Resource Library. Specifically, Freebie Library resources may not be resold, edited for resale, or commercialised in any way. They may not be used as the primary feature or main selling point of any course, membership, or subscription you operate. Original editable links may not be shared with third parties. Finalised, client-ready versions (PDF, JPG, PNG) may be shared with your own clients. The intended audience and professional conduct requirements described in Section 7 apply equally to users of the Freebie Library.
By registering for a free account to access the Freebie Library, you acknowledge that your personal information will be collected and handled in accordance with our Privacy Policy. Please refer to Section 14 of these Terms and our Privacy Policy for full details of how your data is used.
Gentle Observations reserves the right to remove, update, or change the resources available in the Freebie Library at any time without notice. Access to the Freebie Library may be suspended or revoked if a user is found to have breached these Terms, including the usage restrictions described above. Gentle Observations also reserves the right to use feedback, comments, or reviews submitted by Freebie Library users as marketing or promotional material, handled with the same care described in Section 7.
9. Right to Change the Offering
Gentle Observations may, without prior notice, change, update, or discontinue any product, resource, service, or feature available on this website. We may also impose limits on certain features or restrict access to parts of the website, temporarily or permanently, for any reason.
We are not liable to you or to any third party for any modification, suspension, or discontinuation of any product or service.
10. Intellectual Property
All content on this website, including but not limited to text, blog posts, images, graphics, logos, digital tools, templates, worksheets, and other resources, is the intellectual property of Jemma Heydenrych and Gentle Observations, or is used under licence.
Nothing on this website grants you any intellectual property rights in any content or material beyond the limited personal professional licence described in Section 5. You may not reproduce, distribute, publish, display, modify, create derivative works from, or commercially exploit any content from this website without prior written permission.
If you believe any content on this website infringes your intellectual property rights, please contact hello@gentleobservations.com with full details of the claim.
11. Account Suspension and Termination
Gentle Observations reserves the right to suspend or permanently terminate your account and access to any products or membership content, without notice, if you are found to have violated any provision of these Terms and Conditions or any applicable law.
You may request the deletion of your account at any time by contacting hello@gentleobservations.com. Deletion of your account will not result in a refund of any fees paid, and you will lose access to any membership content or purchased resources stored within your account.
Where a subscription is terminated for breach of these Terms, no refund will be issued for the remaining subscription period.
12. Acceptable Use
By using this website, you agree to use it only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit the use and enjoyment of this website by any third party.
You must not use this website to post, share, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable. You must not attempt to gain unauthorised access to any part of this website, its server, or any database connected to it. You must not use the website to distribute unsolicited commercial communications or engage in any data scraping, crawling, or automated data extraction without prior written consent.
13. Third-Party Links and Services
This website may contain links to third-party websites or make use of third-party tools and services, including payment processing and membership management platforms. These links and integrations are provided for convenience only.
Gentle Observations has no control over the content, practices, or policies of third-party websites or services and accepts no responsibility for them. Accessing any third-party website or service through a link on this site is done entirely at your own risk, and you are encouraged to review the terms and privacy policies of any third-party service you use.
14. Privacy and Data
Your use of this website is governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. Our Privacy Policy sets out how we collect, use, store, and protect your personal information, including information gathered through contact forms, newsletter sign-ups, account registration, and purchases.
Gentle Observations is committed to handling your personal data responsibly and in accordance with applicable data protection legislation. Jemma Heydenrych and Gentle Observations are registered in both South Africa and the State of New Mexico, United States, which means the business has data protection obligations under multiple frameworks. Our obligations include the Protection of Personal Information Act (POPIA) in South Africa, applicable United States federal consumer protection and data regulations enforced by the FTC, and the New Mexico Data Breach Notification Act. We also acknowledge the rights of users under the General Data Protection Regulation (GDPR) for visitors in the European Union and United Kingdom, and the California Consumer Privacy Act (CCPA) for visitors in California. We respect these rights and encourage any user with data-related enquiries to contact us at hello@gentleobservations.com so we can assist appropriately.
This website may use cookies. Please refer to our Cookie Policy or Privacy Policy for details on how cookies are used on this site and how you can manage your preferences.
15. Promotional Communications
If you have opted in to receive communications from Gentle Observations, you may receive emails and other messages via Wix Ascend, our email marketing and automation platform. These communications may include newsletters, new resource announcements, promotional offers, membership updates, and content relevant to mental health care professionals. In addition to manually sent campaigns, we use automated email sequences that may be triggered by actions you take on the site, such as creating an account, completing a purchase, or joining the Freebie Library. These automated messages form part of our communication system and are also subject to your opt-in preferences.
You can unsubscribe from promotional communications at any time by using the unsubscribe link in any email, or by contacting hello@gentleobservations.com. Please note that even if you unsubscribe from marketing communications, we may still send you transactional emails related to your account or purchases.
16. Indemnification
You agree to indemnify, defend, and hold harmless Jemma Heydenrych and Gentle Observations from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of this website, your breach of these Terms and Conditions, or your violation of any third-party rights.
17. Limitation of Liability
To the fullest extent permitted by applicable law, Jemma Heydenrych and Gentle Observations shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or relating to your use of, or inability to use, this website or any product or service offered through it. This includes, without limitation, any loss of income, loss of data, loss of professional opportunity, or any damages arising from your use of any resource, tool, or template in your professional practice.
Our total liability to you for any claim arising under these Terms shall not exceed the total amount paid by you to Gentle Observations in the twelve months preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits our liability for fraud, personal injury, or any other liability that cannot lawfully be excluded under South African law, United States federal law, the laws of the State of New Mexico, or, where applicable, the mandatory laws of your jurisdiction. If you are located in a country or US state where consumer protection laws provide you with rights that cannot be waived by contract, those rights are not affected by these Terms.
18. Disclaimer of Warranties
This website and all content, products, and resources available through it are provided on an 'as is' and 'as available' basis, without warranties of any kind, whether express or implied. Gentle Observations does not warrant that this website will be uninterrupted, error-free, or free from viruses or other harmful components.
While every effort is made to ensure that the information and resources on this website are accurate and up to date, Gentle Observations makes no representations or warranties regarding the completeness, accuracy, or suitability of any content for your specific professional context.
19. Changes to These Terms
Gentle Observations may update or modify these Terms and Conditions at any time. The 'Last Updated' date at the top of this page reflects the date of the most recent revision, and this date will be updated each time any change is made, whether material or minor. When material changes are made, changes that meaningfully affect your rights, obligations, or how you may use this website or its products, we will endeavour to notify registered users and active members by email in advance of those changes taking effect. Non-material updates such as the addition of new product tiers, bundles, or minor clarifications may be made without direct notification beyond the updated date on this page. Your continued use of this website and its products after any update to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you should stop using the website and, where applicable, cancel your membership or account. You are encouraged to review these Terms periodically to stay informed of any changes.
Your continued use of this website after any changes to these Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you should stop using the website and, where applicable, cancel your membership or account.
20. Governing Law and Dispute Resolution
These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa. Jemma Heydenrych and Gentle Observations are registered in both South Africa and the State of New Mexico, United States. South African law is the primary governing law for this website and the relationship between Gentle Observations and its users. Where a dispute involves the business activities conducted under the New Mexico registration, the laws of the State of New Mexico and applicable United States federal law may also apply. We acknowledge that users in other countries may retain rights under their local mandatory consumer protection and data privacy laws that cannot be overridden by contract. Nothing in these Terms is intended to limit those rights where applicable law does not permit such limitation. Any disputes arising out of or in connection with these Terms or your use of this website shall first be attempted to be resolved through good-faith negotiation between the parties.
If a dispute cannot be resolved through negotiation within 30 days, both parties agree to attempt resolution through mediation before pursuing any formal legal proceedings. Should mediation fail, any unresolved disputes shall be subject to the jurisdiction of the courts of South Africa or, where the dispute relates to business activities under the New Mexico registration, the courts of the State of New Mexico. This is subject to any mandatory local laws in your country of residence that require disputes to be resolved in your local courts.
21. Contact Information
If you have any questions, concerns, or enquiries regarding these Terms and Conditions, please get in touch:
Jemma Heydenrych
Trading as Gentle Observations
gentleobservations.com
hello@gentleobservations.com
Last Updated: 24 April 2026
To the fullest extent permitted by applicable law, Jemma Heydenrych and Gentle Observations shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or relating to your use of, or inability to use, this website or any product or service offered through it. This includes, without limitation, any loss of income, loss of data, loss of professional opportunity, or any damages arising from your use of any resource, tool, or template in your professional practice.
Our total liability to you for any claim arising under these Terms shall not exceed the total amount paid by you to Gentle Observations in the twelve months preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits our liability for fraud, personal injury, or any other liability that cannot lawfully be excluded under South African law, United States federal law, the laws of the State of New Mexico, or, where applicable, the mandatory laws of your jurisdiction. If you are located in a country or US state where consumer protection laws provide you with rights that cannot be waived by contract, those rights are not affected by these Terms.
