PURE SLEEP HYPNOSIS COLLECTION

MINDVISION PTY LTD (ACN 125 377 817; hereinafter referred to as "MINDVISION") operates www.ondemandhypnosis.com (hereinafter referred to as "Website").

The following terms and conditions (hereinafter referred to as "Terms of Service") shall apply to the use of the Website.

Throughout the Website, the terms "we," "us," and "our" shall refer to MINDVISION.

Please read these Terms of Service carefully before accessing or using the Website.

By accessing or using any part of the Website, you agree to be bound by these Terms of Service.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS HEREIN, YOU SHALL NOT ACCESS OR USE THE WEBSITE.

ARTICLE 1: DECLARATION BY WEBSITE USER/VISITOR

You hereby declare that:

(i) you are at least the age of majority in your state or province of residence, or you are the age of majority in your state or province of residence and have given MINDVISION your consent to allow any of your minor dependents the use of the Website; and

(ii) your use of the Website will be in strict compliance with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data).

ARTICLE 2: GENERAL CONDITIONS

MINDVISION reserves the right to refuse access to and/or use of the Website to anyone for any reason at any time. MINDVISION may suspend or cancel your account/membership immediately at any time if you breach any of these Terms of Service and will provide reasonable notice where practicable, except in cases of serious breach or where immediate action is required to protect MINDVISION's interests or comply with legal obligations.

Without limiting the above, MINDVISION considers the infringement of another person's rights, including intellectual property rights, a breach that is incapable of remedy.  Where a breach is capable of remedy, MINDVISION may, at its discretion, provide you with written notice and a reasonable opportunity to rectify such breach before terminating your access.

ARTICLE 3: INTELLECTUAL PROPERTY

All content on the Website, including but not limited to hypnosis recordings, brainwave entrainment recordings, audio files, video content, scripts, text, graphics, logos, images, data compilations, and the overall look and feel of the Website (hereinafter collectively referred to as "Content") is the exclusive property of MINDVISION or its licensors and is protected by Australian and international copyright, trademark, and other intellectual property laws.

MINDVISION hereby grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and view Content strictly in accordance with these Terms of Service.
This license does not permit you to:

(a) reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any Content;

(b) use any Content for commercial purposes;
(c) remove or alter any copyright, trademark, or other proprietary notices from Content;
(d) access or use Content through automated means, including robots, spiders, or scrapers;
(e) reverse engineer, decompile, or disassemble any software or technology used on the Website.

Any unauthorized use of Content constitutes a material breach of these Terms of Service and may infringe MINDVISION's intellectual property rights, potentially resulting in civil and criminal liability.

The compilation (as in collection, arrangement, structure and assembly) of all content of the Website is the exclusive property of MINDVISION and is also protected by Australian and international copyright laws.

MINDVISION expressly reserves all intellectual property rights in all text, content and other materials which appear on the Website.

You hereby accept that:

These Terms of Service do NOT transfer, from MINDVISION to you, any intellectual property of MINDVISION or third party;

Any and all rights, titles and interests in and to MINDVISION's property will remain solely with MINDVISION;

Access to or use of the Website does NOT grant anyone the right or license to reproduce or otherwise use the name, logo, mark or any other intellectual property of MINDVISION or a third party in any manner; and

Any infringement of said intellectual property may result in MINDVISION taking legal action against you, including seeking injunctive relief, damages, and recovery of legal costs.

ARTICLE 4: PRODUCTS

By accessing and using any products made available by MINDVISION on the Website including free, rental, subscription and other products and their accompanying files, documentation and other proprietary materials that belong to MINDVISION as well as third-party tools and resources made available on the Website (hereinafter collectively referred to as "Products"), you expressly agree to comply with and be bound by the Terms and Conditions of Sale and User Agreement.

You accept that MINDVISION may redesign, update and/or improve its Products at its discretion at any time, provided that such changes do not materially diminish the functionality of Products you have already purchased.

MINDVISION reserves the right to limit access to and/or usage of Products to any person, geographic region or jurisdiction, and may exercise said right on a case-by-case basis.

MINDVISION reserves the right to limit the quantities of any Products that it offers. All descriptions of Products or Product pricing are subject to change at any time with reasonable notice, at the sole discretion of MINDVISION.

MINDVISION reserves the right to modify or discontinue any Product (or any part or content thereof) at any time, provided that existing subscribers will receive reasonable advance notice and may continue to access previously purchased Products for the duration of their subscription period.

MINDVISION shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any Products, except as required by Australian Consumer Law.

Any offer for any Product made on the Website is void where prohibited.

ARTICLE 5: PRODUCT VIEWING

Products are currently made available for use in the form of rental and via subscription: After paying the stated fee, you may stream the Product an unlimited number of times during the specified period, subject to reasonable fair use limitations to prevent abuse of the service.

ARTICLE 6: TREATMENT OF ORDERS AND ACCURACY OF BILLING/ACCOUNT/CONTACT INFORMATION

Acceptance of any order you place with us shall be at the sole discretion of MINDVISION; however, orders will only be refused on reasonable grounds such as payment issues, suspected fraud, or breach of these terms.

In the event that MINDVISION makes a change to or cancel an order, MINDVISION will attempt to notify you promptly based on the contact information provided by you to us at the time the order was made. You agree to provide current, complete and accurate billing, account and contact information for all orders placed via the Website and to update such information promptly when it changes.

ARTICLE 7: OPTIONAL TOOLS

MINDVISION may provide you with access to third-party tools and resources.

You acknowledge and agree that MINDVISION provides access to such tools and resources "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement.

MINDVISION shall have no liability whatsoever arising from or relating to your use of optional third-party tools and resources.

You accept that any use by you of optional tools and resources offered through the Website is entirely at your own risk and discretion, and that you are required to familiarize yourself with and approve of the terms on which tools and resources are provided by the relevant third-party provider(s).

MINDVISION may also, in the future, offer new services and/or features through the Website (including the release of its own new tools and resources); such new features and/or services shall also be subject to these Terms of Service.

ARTICLE 8: USER COMMENTS AND INAPPROPRIATE CONTENT

If you submit any opinions, suggestions, testimonials, feedback, ideas, proposals, plans or any other information to MINDVISION, regardless of whether said submission is made in the form of online posts or responses to quizzes, surveys, etc., by email, on social media or by other means (hereinafter collectively referred to as "Comments"), you agree that you grant MINDVISION a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Comments in any media.

You represent and warrant that you have all necessary rights to grant the above license and that your Comments do not infringe any third-party rights or violate any applicable laws.

MINDVISION shall be under no obligation to:

(1) maintain any Comments in confidence;

(2) pay compensation for any Comments; or

(3) respond to any Comments.

MINDVISION reserves the right, but has no obligation, to monitor, edit, or remove Comments that it deems inappropriate, offensive, or in violation of these Terms of Service.

ARTICLE 9: THIRD-PARTY LINKS

Certain content, products and/or services available via the Website may include materials from third parties. You understand that references on the Website to any names, marks, products or services of third parties or hypertext links to third-party websites or information are provided solely as a convenience to you and do NOT in any way constitute or imply MINDVISION's endorsement, sponsorship or recommendation of the third party, information, product or service.

Third-party links on the Website may direct you to third-party websites that are not affiliated with MINDVISION. You accept that MINDVISION is NOT responsible for examining or evaluating the content or accuracy and does NOT warrant and will NOT have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties, including any viruses or other damaging elements encountered in accessing third-party websites. You accept that MINDVISION is NOT liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third parties' policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products shall be directed to the third party, NOT MINDVISION.

ARTICLE 10: PERSONAL INFORMATION

Your submission of personal information through the Website is governed by MINDVISION's PRIVACY POLICY.

ARTICLE 11: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product/service descriptions, pricing, promotions, offers, etc.

MINDVISION reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Website is inaccurate at any time with reasonable notice, but assumes no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law.

No specified update or refresh date applied on the Website shall be taken to indicate that all information on the Website has been modified or updated by MINDVISION.

You accept that MINDVISION is NOT responsible if information made available on the Website is not accurate, complete or current; however, MINDVISION will make reasonable efforts to ensure information accuracy.

The material on the Website is provided for general information only and shall not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

Any reliance on the material on the Website is at your own risk.

ARTICLE 12: PROHIBITED USES

You are prohibited from using the Website 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, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate MINDVISION's intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website, other websites, or the Internet; (l) to use the Website or Products while operating vehicles or machinery or in any situation where full attention is required for safety; or (m) to redistribute, resell, or commercially exploit any Products or Content without MINDVISION's express written permission.

MINDVISION reserves the right to terminate your use of the Website for any of the prohibited uses and may report suspected illegal activities to appropriate authorities.

ARTICLE 13: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Nothing in these Terms of Service excludes, restricts, or modifies any guarantee, condition, warranty, right or remedy which you have under the Australian Consumer Law and other applicable laws and regulations and which cannot be excluded, restricted, or modified (Non-excludable Rights). Subject to Non-excludable Rights:

You expressly agree that your use of, or inability to use, the Website is at your sole risk.

The Website is provided 'as is' and 'as available' for your use.

MINDVISION makes no warranty whatsoever that the Website will be accurate, error-free or reliable or that access thereto will be timely, secure, continuous or uninterrupted, and hereby disclaims any and all warranties of any kind, express or implied, including, without limitation, all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

You accept that you stream from, or otherwise obtain content or services through, the Website at your own discretion and risk.

To the extent permitted by law, in no case shall MINDVISION, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use of the Website, or for any other claim related in any way to your use of the Website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of the possibility thereof.

Where liability cannot be excluded under Australian Consumer Law, MINDVISION's liability is limited, at its option, to: (a) in the case of services, the supply of the services again or payment of the cost of having the services supplied again; or (b) in the case of goods, the replacement of goods, supply of equivalent goods, payment of the cost of replacing or acquiring equivalent goods.

ARTICLE 14: FORCE MAJEURE AND OTHER EVENTS BEYOND MINDVISION'S CONTROL

There may be circumstances where streaming or other services may be disrupted or unavailable due to technical or operational difficulties. While every effort will be made to ensure the proper functioning of its streaming and other services, MINDVISION shall not be responsible or liable for temporary disruptions or unavailability of streaming or other services or for any failure to perform, or delay in performance of, any of its obligations hereunder that is caused by any event, act, omission or accident outside its reasonable control, including but not limited to failure/malfunction of network or hardware, unavailability of platform, computer viruses, cyberattacks, etc., and force majeure events such as strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of public or private communications networks, and acts, decrees, legislation, regulations or restrictions of any government (hereinafter collectively referred to as "Event".)

MINDVISION will make reasonable endeavors to bring the Event to a close or to find a solution by which its obligations hereunder may be performed despite the Event.

MINDVISION reserves the right to terminate, discontinue, or interrupt streaming and other services if deemed necessary, but will provide reasonable advance notice where practicable and may offer appropriate compensation or service credits where required by Australian Consumer Law.

MINDVISION will make every effort to inform you in advance of any planned downtime or disruption.

ARTICLE 15: INDEMNIFICATION

To the extent permitted by law, you agree to indemnify, defend and hold harmless MINDVISION and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including without limitation attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

ARTICLE 16: SEVERABILITY

In the event that any provision of these Terms of Service is determined to be invalid, void or unenforceable, such provision shall be deemed severable from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

ARTICLE 17: ENTIRE AGREEMENT

The failure of MINDVISION to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by MINDVISION on the Website constitute the entire agreement and understanding between you and MINDVISION and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and MINDVISION relating to the Website (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party MINDVISION.

ARTICLE 18: GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising out of or in connection with these Terms of Service shall be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

ARTICLE 19: CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. MINDVISION reserves the right, at its sole discretion, to update, modify, replace or otherwise change any part of these Terms of Service at any time.

Material changes will be notified to users via email or prominent notice on the Website at least 30 days prior to taking effect. Minor changes will take effect immediately upon posting on the Website.

Your continued use of or access to the Website following the posting of any changes to these Terms of Service shall constitute your acceptance of such changes.

ARTICLE 20: CONTACT INFORMATION

If you have any questions about the Terms of Service, please contact us by using the Contact Form or write to:

MINDVISION PTY LTD
PO BOX 3086

North Turramurra,

Sydney NSW 2074

AUSTRALIA