By accessing and using any products made available by MINDVISION PTY LTD (hereinafter referred to as “MINDVISION”) on the website at www.ondemandhypnosis.com (hereinafter referred to as "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 this User Agreement.
Use of the Products is subject to this User Agreement (hereinafter referred to as “Agreement”), which is a legal agreement between you and MINDVISION.
Under this Agreement, MINDVISION grants you a non-exclusive, non-transferable license to use the Products solely in accordance with the terms and conditions of this Agreement.
This Agreement will terminate immediately without notice from MINDVISION if you fail to comply with any provision of this Agreement.
1. Scope of Use
You may use the Products solely for personal non-commercial purposes.
2. Prohibited Acts
You shall not:
(1) Use any Products without following the instructions provided;
(2) Reproduce, duplicate, modify, adapt, reverse engineer, decompile, translate or otherwise tamper with the Products, in whole or in part, or develop any derivative works thereof;
(3) Sell, distribute, license, sublicense, lend, rent, lease, export or otherwise transfer the Products, in whole or in part, to others;
(4) Broadcast, stream online, publicly perform, upload, share or otherwise use the Products outside the scope of personal non-commercial use, in whole or in part; or
(5) Allow or enable others to use the Products to perform or attempt to perform any of the acts referred to in (1) through (4) above.
Performance of any of the aforementioned prohibited acts shall automatically result in the termination of your license.
The Products are protected by copyright.
You may be held legally responsible for any copyright infringement that is caused by your failure to abide by the terms of this Agreement.
4. Responsible Use
The use of the Products shall be solely at your own risk.
MINDVISION shall not be responsible for misuse of the Products.
The Products are provided "as is" and without warranty of any kind.
To the extent permitted by law, MINDVISION explicitly disclaims all warranties, express or implied, including but not limited to the implied warranties of title, merchantability, non-infringement and fitness for a particular purpose, and does not warrant that the Product will meet your requirements or that any defects in the Product will be corrected.
To the extent permitted by law, you agree to indemnify and hold harmless MINDVISION, its Directors, officers, employees, owners, agents, representatives, etc. against any liabilities, penalties, demands or claims arising out of the use of the Product, and in no event will MINDVISION be liable to you or any other person or entity for any damages of any kind or nature, whether arising in contract, tort or otherwise, including but not limited to, any lost profits, lost savings or other indirect, incidental, consequential, special or exemplary damages arising out of the use of the Product, even if such damages are foreseeable or if MINDVISION has been advised of the possibility of such damages.
In any event, any liability of MINDVISION out of or in connection with this Agreement or your use of the Product shall not exceed the amount paid by you to MINDVISION for the Product.
No oral or written information or advice given by MINDVISION or its authorized representative(s) shall create or constitute a warranty in any way.
* The above provisions shall not be construed to deprive you of your consumer rights under applicable law.
The Products are not intended as a substitute for individual medical advice or treatment or for use in the diagnosis, cure, treatment, or prevention of disease or any other medical/health condition. No medical/health claims are intended, expressed or implied. If you suffer from any medical condition or illness, you shall seek the advice of your medical doctor or specialist.
7. Non-waiver of Rights
Non-exercise by MINDVISION of its right(s) shall in no way constitute a future waiver of such right(s) or of any of the provisions of this Agreement.
8. Entire Agreement
This Agreement constitutes the entire agreement on the Product between you and MINDVISION and supersedes all prior agreements, understandings and proposals (whether written or oral) relating to the Products.
This Agreement shall be exclusively governed by and interpreted in accordance with the laws of New South Wales, Australia.
Any disputes relating to this Agreement shall be resolved exclusively by a court of competent jurisdiction within New South Wales, Australia. If any provision of this Agreement is found to be unenforceable for any reason, it shall be deemed severable from this Agreement, and shall in no way affect the enforceability of the remaining provisions of this Agreement.