MINDVISION PTY LTD (hereinafter referred to as "MINDVISION") operates www.ondemandhypnosis.com (hereinafter referred to as "On Demand Hypnosis Website").
The following terms and conditions (hereinafter referred to as "Terms of Service") shall apply to the use of the On Demand Hypnosis Website.
Throughout the On Demand Hypnosis Website, the terms "we," "us," and "our" shall refer to MINDVISION.
Please read these Terms of Service carefully before accessing or using the On Demand Hypnosis Website.
By accessing or using any part of the On Demand Hypnosis 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 ON DEMAND HYPNOSIS 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 On Demand Hypnosis Website; and
(ii) your use of the On Demand Hypnosis 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 On Demand Hypnosis 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 considers that the breach is incapable of remedy.
Without limiting the above, MINDVISION considers the infringement of another person's rights, including intellectual property rights, a breach that is incapable of remedy.
ARTICLE 3: INTELLECTUAL PROPERTY
No material from the On Demand Hypnosis Website shall be copied, reproduced, republished, uploaded, posted, transmitted or distributed, all or in part, in any way under any circumstances; modification of the materials or use of the materials for any other purpose constitutes a violation of copyright and other proprietary rights of MINDVISION or their respective rightsholders.
All materials including but not limited to the logo, trademarks and service marks, whether registered or unregistered, as well as graphics, images, text, illustrations, designs, icons, photographs and written and other materials that are part of the On Demand Hypnosis Website, unless expressly stated otherwise, are intellectual property owned and controlled exclusively by MINDVISION and are protected by Australian and international copyright laws.
The compilation (as in collection, arrangement, structure and assembly) of all content of the On Demand Hypnosis 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 On Demand Hypnosis 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 On Demand Hypnosis 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.
ARTICLE 4: PRODUCTS
By accessing and using any products made available by MINDVISION on the On Demand Hypnosis 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 On Demand Hypnosis 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.
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 without 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.
MINDVISION shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any Products.
Any offer for any Product made on the On Demand Hypnosis 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.
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.
In the event that MINDVISION makes a change to or cancel an order, MINDVISION will attempt to notify you 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 On Demand Hypnosis Website.
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 On Demand Hypnosis 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 On Demand Hypnosis 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 MINDVISION may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any way the Comments that you forward to MINDVISION.
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.
Article 9: THIRD-PARTY LINKS
Certain content, products and/or services available via the On Demand Hypnosis Website may include materials from third parties. You understand that references on the On Demand Hypnosis 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 On Demand Hypnosis 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
Article 11: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Occasionally there may be information on the On Demand Hypnosis 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 On Demand Hypnosis Website is inaccurate at any time without prior notice, but assumes no obligation to update, amend or clarify information on the On Demand Hypnosis Website, including without limitation, pricing information, except as required by law.
No specified update or refresh date applied on the On Demand Hypnosis Website shall be taken to indicate that all information on the On Demand Hypnosis Website has been modified or updated by MINDVISION.
You accept that MINDVISION is NOT responsible if information made available on the On Demand Hypnosis Website is not accurate, complete or current.
The material on the On Demand Hypnosis 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 On Demand Hypnosis Website is at your own risk.
ARTICLE 12: PROHIBITED USES
You are prohibited from using the On Demand Hypnosis 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 On Demand Hypnosis 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 On Demand Hypnosis Website, other websites, or the Internet.
MINDVISION reserves the right to terminate your use of the On Demand Hypnosis Website for any of the prohibited uses.
Article 13: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You expressly agree that your use of, or inability to use, the On Demand Hypnosis Website is at your sole risk.
The On Demand Hypnosis Website is provided 'as is' and 'as available' for your use.
MINDVISION makes no warranty whatsoever that the On Demand Hypnosis 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 On Demand Hypnosis 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 On Demand Hypnosis Website, or for any other claim related in any way to your use of the On Demand Hypnosis 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 On Demand Hypnosis Website or any content (or product) posted, transmitted, or otherwise made available via the On Demand Hypnosis Website, even if advised of the possibility thereof.
Article 14: INDEMNIFICATION
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 15: SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, 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 16: 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 On Demand Hypnosis Website constitute the entire agreement and understanding between you and MINDVISION and govern your use of the On Demand Hypnosis Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and MINDVISION relating to the On Demand Hypnosis 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 17: GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of New South Wales, Australia.
Article 18: 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.
Any changes will take effect immediately upon posting on the On Demand Hypnosis Website.
Your continued use of or access to the On Demand Hypnosis Website following the posting of any changes to these Terms of Service shall constitute your acceptance of such changes.
Article 19: 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
Sydney NSW 2074