The Equilibrium Hypnotherapy Services and your use of the Website are subject to these Terms and Conditions (the “Agreement”) and the Equilibrium Hypnotherapy Privacy Policy. References to “Equilibrium Hypnotherapy” are a reference to Gosia Wyszynski trading as Equilibrium Hypnotherapy (ABN 43 570 188 085) and references to the “You”, “Your”, “you” or “your” is a reference to you. You or Equilibrium Hypnotherapy are each a “Party” and together the “Parties”.

Please read the Agreement carefully. Should you not understand any of the Agreement or not accept any part of the Agreement, then you should not use the Services. By proceeding with the Services you agree to be bound by the terms of this Agreement.

Every time you as a client of Equilibrium Hypnotherapy book a Session, the Agreement in force when the booking was placed is the version of the Agreement that governs the relationship between you and Equilibrium Hypnotherapy.

AGREED TERMS

1. DEFINITIONS AND INTERPRETATIONS

1.1.  In this Agreement, unless the context indicates otherwise, the following expressions will have the following meanings:

Booking: means a booking for a Session of the Services;

Commencement Date: means the date Equilibrium Hypnotherapy starts providing the Services to you;

Fees: means the fees for the Services as further described in Clause 6 and as stated on the Website or as otherwise agreed by the Parties in writing;

Force Majeure Event: means an event or circumstance or cause beyond a Party’s reasonable control, including acts of God or public enemies, civil war, insurrection or riot, fire, flood, acts of terrorism, explosion, earthquake or serious accident, change of law, failure of the Internet, pandemic, strike, labour trouble, shortage of raw materials, power or fuel, failures and delays in the banking or payment collections or payment transfer systems, any breakdown of plant or machinery, any failure of any computer software or hardware, or any failure in a communications network;

Personal Information: has the meaning as defined in the Privacy Act 1998 (Cth);

Services: means the hypnotherapy and related services to be provided by Equilibrium Hypnotherapy to you in the Session(s);

Session: means an in-person, remote or house-call hypnotherapy session performed by Equilibrium Hypnotherapy for you in consideration for the Fees;

Term: means the period from the Commencement Date until completion of the Services;

Termination Date: means the date of termination of this Agreement, howsoever arising; and

Website: means the Equilibrium Hypnotherapy website at www.equilibriumhypnotherapy.com.au.

1.2. The headings in this Agreement are inserted for convenience only and will not affect its construction.

1.3. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.4. Unless the context otherwise requires, a reference to one gender will include a reference to the other genders.

1.5. Unless the context otherwise requires, words in the singular will include the plural and in the plural will include the singular.

2. SERVICES

2.1. Equilibrium Hypnotherapy will, in return for the Fees, perform the Services in line with the terms and conditions of this Agreement.

2.2.The Services will commence on the Commencement Date and will continue for the Term unless or until terminated as provided by the terms of this Agreement.

2.3. Your access to the Services is permitted on temporary basis and Equilibrium Hypnotherapy is not liable if the Services, or parts of the Services, are unavailable or restricted to you for any period of time or at any time. You agree that the Services may evolve at any time.

2.4. Equilibrium Hypnotherapy may remove or suspend any Services from sale at any time without notice. Equilibrium Hypnotherapy will not be liable to you or third parties for any losses as a result of such removal or suspension of a Service.

2.5. Equilibrium Hypnotherapy will not be liable for any delay or failure in performance to the extent that such delay or failure is due to or arises from any act or omission of you or any Force Majuere Event.

2.6 All multi-Session packages must be used within one (1) year of their purchase.

2.7 The following conditions: (a) schizophrenia; (b) personality disorders; and (c) bi-polar disorders, are outside of the areas of practice of Equilibrium Hypnotherapy and Equilibrium Hypnotherapy regrettably is not able to accept clients with these conditions.

2.8 If you are either: (a) taking anti-psychotic medication; (b) suffering from undiagnosed pain; or (c) under the care of a psychiatrist , Equilibrium Hypnotherapy requires a doctor’s referral prior to your making an appointment.

2.9 You acknowledge and agree that the Services are not a substitute for medical treatment and/or medications and that the results you see from the Services vary from client to client.

2.10 You acknowledge and agree that your planned, expected or desired outcomes from the Services cannot be predicted or guaranteed and whilst to an extent they will be dependent on your good faith co-operation with Equilibrium Hypnotherapy, there are no minimum guaranteed, promised or assured outcomes from the Services.

3. BOOKINGS

3.1. You may purchase Services from Equilibrium Hypnotherapy by making a Booking with Equilibrium Hypnotherapy.

3.2. You may book a Session or multiple Sessions through the Website. Your booking is confirmed only when you receive a notification from Equilibrium Hypnotherapy.

3.3. You acknowledge and agree you are entering into a legally binding contract to purchase a Session of the Service when you make a Booking.

3.4. If you wish to cancel your Booking, it must be made at least fourty-eight (48) hours prior to the start of the Session. Cancellations made less than fourty-eight (48) hours from the start of the Session will incur a cancellation charge of fifty percent (50%) and the no show fee is one hundred percent (100%).

3.5. Equilibrium Hypnotherapy reserves the right to cancel any Booking at any time and for any reason. Equilibrium Hypnotherapy will use reasonable endeavours to notify you of the cancellation.

3.6. In the event of cancellation of your Booking by Equilibrium Hypnotherapy, and if you do not wish to reschedule the Booking to another time and day, Equilibrium Hypnotherapy will in such instances refund you pro-rata any Fees already paid by you in respect of the cancelled Booking, but will otherwise not be liable for any expenses, costs, or damages incurred by you or any third party. You agree Equilibrium Hypnotherapy will not be liable for any delay in processing your refund.

3.7. If you are late for your Session, you agree that your Session will be shortened proportionately with how late you are for your Session. Equilibrium Hypnotherapy in its sole and absolute discretion may agree to not shorten your Session in such circumstances if Equilibrium Hypnotherapy feels it would not disadvantage other booked clients.

3.8 If you are intoxicated or under the influence of illicit drugs when presenting for your Session, safety precautions will mean that Equilibrium Hypnotherapy will not be able to perform the Services during that Session and you will forfeit one hundred percent of the Fees paid for that Session.

4. CLIENT INTAKE FORM

You are required to provide complete and accurate information in your Intake Form. Equilibrium Hypnotherapy is not liable for any loss, delay or failure that you or a third party suffers that is due to incomplete or inaccurate information.

5. WEBSITE

5.1. Prices for the Services are set out on the Website.

5.2. Equilibrium Hypnotherapy may vary the prices of Services from time to time without notice to you, however, where Equilibrium Hypnotherapy does so, such variation of prices of the Services will not affect any Booking that you have already placed for Services.

5.3.  If a price has been listed on the Website for a Service which is a mistake, we reserve the right to cancel any booking for a Session or part of a booking containing that mistaken price with no liability to you, or any third party.

6. FEES AND PAYMENT TERMS

6.1. Fees are payable in advance by you to Equilibrium Hypnotherapy at the time of each Booking.

6.2. If payment is unable to be processed, Equilibrium Hypnotherapy will reject your Booking and notify you accordingly.

6.3. Failure to pay any Fees when due may result in the immediate suspension and/or termination from the Services and the cancellation of your Booking.

6.4. Equilibrium Hypnotherapy is not liable for any loss, delay or failure in accessing the Services that you or a third party suffers that is due to incomplete or inaccurate payment information provided by you.

6.5. All Fees are inclusive of GST. Other than GST, you will pay to Equilibrium Hypnotherapy the amount of any tax, duty or assessment, which Equilibrium Hypnotherapy is obliged to pay and/or collect from you in respect of any Services provided under this Agreement (other than tax on Equilibrium Hypnotherapy’s income).

6.6. If you have booked a remote Session(s) with Equilibrium Hypnotherapy it is your sole responsibility to ensure you have the appropriate software, hardware, technology and internet access to allow you to access the remote Session. You agree that Equilibrium Hypnotherapy will not be liable to you or third parties with respect to any software, hardware, technology or network failures that are connected with your use of the Services. Call or data usage costs associated with remote Sessions are solely your responsibility and solely your cost. You should furthermore take all necessary steps to ensure that your use of the Services does not put you at risk of harmful code.

6.7.If you making a Booking for a house calls for an agreed time(s) and date(s) and you are subsequently unavailable on such dates and fail to notify Equilibrium Hypnotherapy before Equilibrium Hypnotherapy has traveled to the house call location, then you agree to promptly pay all Equilibrium Hypnotherapy’s travel expenses to and from the house call location.

6.8. Equilibrium Hypnotherapy does not issue refunds expect in the case of a Booking that is cancelled by Equilibrium Hypnotherapy.

6.9. It is your sole responsibility to determine if you are eligible for a health fund rebate and, if so, what your rebate would be. You agree that Equilibrium Hypnotherapy will not be liable to you or third parties with respect to health rebates.

6.10. All amounts on the Website are quoted in Australian Dollars (AUD) by default unless otherwise stated.

7.WARRANTIES

7.1. Subject to the limitations in this Agreement, Equilibrium Hypnotherapy warrants to you that it has the capacity and authority to enter into and perform this Agreement.

7.2. Except as expressly provided in this Agreement, the Services and Website are provided “as is” without warranty or representation of any kind either express or implied including without limitation any warranties of merchantability, quality, fitness for a particular purpose, particular outcome, title and non-infringement. Equilibrium Hypnotherapy excludes all implied warranties and terms, whether statutory or otherwise, relating to the subject matter of this Agreement, subject to Australian consumer protection law.

8. LIMITATIONS OF LIABILITY 

8.1. Neither Party excludes or limits any liability to the other Party under this Agreement for: (a) any fraudulent representations made by it on which the other Party can be shown to have relied; and (b) any liability that may not otherwise be limited or excluded by law. Additionally, nothing in this Clause 8 will limit or exclude your liability to pay the Fees due for Services under this Agreement.

8.2. Subject to Clause 8.1, Equilibrium Hypnotherapy will not be liable to you under this Agreement, whether in contract or in tort (including negligence or breach of statutory duty) or otherwise, for: (a) any loss of profit, loss of revenue, loss of contracts, loss of anticipated savings, loss of goodwill, loss of opportunity, loss of data, loss of reputation or loss of business, whether caused directly or indirectly; and (b) any special, indirect, punitive or consequential loss, cost, damages or expenses whatsoever, even (in each case) if any such loss or damage was reasonably foreseeable or you had been advised of the possibility of such loss, cost damage or expense. The Parties agree that each of the heads of loss in sub-Clauses (a) and (b) above (inclusive) are separate terms and are intended to be severable.

8.3. Equilibrium Hypnotherapy will not be liable for any delay or failure in performance to the extent that such delay or failure is due to or arises from any Force Majeure Event, adverse weather, or inappropriate and/or any act or omission of yours.

8.4. Subject to Clauses 8.1 and 8.2, the aggregate and entire liability of Equilibrium Hypnotherapy for losses or damage howsoever arising out of or in connection with this Agreement (including without limitation negligence or breach of statutory duty) from events, and/or a chain of events will be limited to the amount of the Fees.

9. CONFIDENTIALITY

The Parties will keep confidential all aspects of the Agreement unless the information is required to be disclosed by law, already in the public domain or the other Party has authorised in writing disclosure of specific information.

10. DATA PRIVACY

Any Personal Information provided during the use of the Services will be treated in line with Equilibrium Hypnotherapy’s Privacy Policy, available on the Website, and which forms a part of this Agreement. By using the Services, you are consenting to the contents of the Privacy Policy.

11.TERMINATION

11.1. Equilibrium Hypnotherapy may terminate the Services or this Agreement at any time for convenience and without notice to you. If Equilibrium Hypnotherapy terminates for convenience your access to the Services will end immediately.

11.2. Without in any way limiting any other remedies, Equilibrium Hypnotherapy are entitled to suspend, limit, modify or terminate the Services where you are, or we suspect you are, not complying with this Agreement. Equilibrium Hypnotherapy are not required to give you notice of such action and your access to the Services may stop immediately. No refunds will be provided to you in such instances.

11.3. You may terminate the Services any time and, other than where Equilibrium Hypnotherapy terminate the Services, you will be entitled to use the Services (for which you have already paid) up to your date of termination.

11.4. Clauses 4 to 11 (inclusive) will, notwithstanding anything to the contrary, survive termination or expiration of this Agreement.

12. LICENSE TO USE WEBSITE

12.1. In consideration of your promises contained herein,  Equilibrium Hypnotherapy grants to you, and you accept, subject to the terms of this Agreement, a non-exclusive and non-transferable, revokable, non-assignable limited license to use the Website (“License”) for your own personal, non-commercial purposes only.

12.2. The Website is not to be copied by you. The license granted under this Clause 12 does not entitle you to access, copy, modify or use the source code of the Website. You agree that it will not cause or permit the reverse-engineering, disassembly, translation or decompilation of the Website or analyse or otherwise examine the Website for the purpose of reverse-engineering except to the extent permitted under applicable law.

12.3. No license is granted to you for any other purpose other than as provided for under this Clause 12, and any other use by you not consistent with the provisions of this Agreement will constitute a material breach of this Agreement by you. 

12.4. You should take all necessary steps to ensure that your use of the Website does not put you at risk of harmful code. You agree that Equilibrium Hypnotherapy is in no way responsible for any loss, damage or corruption which may happen to your data or devices as a result of using the Website.

12.5. You recognise and acknowledge that the Website and the Services are comprised of the Intellectual Property Rights of Equilibrium Hypnotherapy, and that Equilibrium Hypnotherapy retains ownership of all Intellectual Property Rights and title and interest to the Website and the Services.  All corrections, modifications and/or enhancements made by Equilibrium Hypnotherapy will remain the property of Equilibrium Hypnotherapy. 

12.6. You will ensure that when using the Website that you do not do anything which could in any way harm the Intellectual Property Rights of Equilibrium Hypnotherapy or any third party. 

13. MISCELLANEOUS

13.1. Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supersedes and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each Party agrees that it will have no remedies and has placed no reliance in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each Party agrees that it will have no claim for innocent or negligent misrepresentation based on any statement in this Agreement. Equilibrium Hypnotherapy may amend these terms from time to time at Equilibrium Hypnotherapy’s sole and absolute discretion.

13.2. Notices:  Notices sent under either this Agreement may be served by personal delivery to the other Party or by sending them by email to the other Party’s email address.

13.3. Severability: If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision will be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause will not affect the validity and enforceability of the rest of this Agreement.

13.4. Assignment:  You may not transfer or assign your obligations or rights under this Agreement without the written approval of Equilibrium Hypnotherapy.

13.5. Force Majeure:  Except for obligation for payment properly due, neither Party will be responsible for any delay or failure to perform when its failure results from a Force Majeure Event and the time for performance of obligations by the Party subject to such event will be extended for the duration of such a Force Majeure Event.  The Parties will consult in good faith with the aim of reaching an agreement as to how to continue with the Services. If the period of delay or non-performance continues for forty-five (45) days, the Party not affected may terminate the Agreement by giving seven (7) days written notice to the affected Party. All payments and/or fees outstanding at the date of termination remain due and payable.

13.6. Waiver:  No failure or delay by a Party to exercise any right or remedy provided under this Agreement or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy will prevent or restrict the further exercise of that or any other right or remedy.

13.7. No Partnership: Nothing in this Agreement and no action taken by the Parties pursuant to it, will constitute, or be deemed to constitute, a partnership, contract of employment, joint venture, or the relationship of principal and agent between the Parties. No Party has any authority or power to bind, contract in the name of, or to create a liability against the other Party in any way or for any purpose, unless specifically stated in this Agreement.

13.8. Governing Law:  This Agreement and performance under the same will be governed by the laws of the state of Queensland, Australia and the parties hereby submit to the exclusive jurisdiction of the Queensland courts.