Terms and Conditions

TERMS AND CONDITIONS FOR BUYING RECORDINGS, SERVICES AND JUST BROWSING

Welcome to The Hypnotic Centre.
In these terms, we also refer to The Hypnotic Centre as “our”, “we”, or “us”.
And you are you!

What are these terms about?
These terms apply when you use this website, being www.hypnoticstore.com and any other websites we operate with the same domain name and a different extension (“Website”).
These terms also apply when you purchase recordings through this Website (“Recordings”) or services through this Website (“Services”).
If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here https://www.hypnoticstore.com/privacy-policy

How do I read these terms?
We separated these terms into three parts, so they are easy to read and understand.
Those parts are:

• Part A: Terms for when you buy Recordings or Services (applies when you buy)
• Part B: Terms for when you browse and interact with this Website (applies when you browse)
• Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Recordings or Services unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Recordings or Services. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Recordings or Services. You can check the date at the top of this page to see when we last updated these terms.

Part A : For When You Buy Recordings or Services…

1 SUBMITTING AN ORDER

(a) By submitting an order for purchase of a Recording or Service using the Website’s functionality (Order) you represent and warrant that: (i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and (ii) you are authorised to use the debit or credit card you provide with your Order.

(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Recordings and/or Services you have ordered in exchange for your payment of the total amount listed upon checkout.

(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.

(d) To the extent context permits, the terms “Recordings” and “Services” are interchangeable throughout this agreement.

2 ACCOUNTS

(a) To submit an Order and/or to purchase a Recording or Service, you may be required to sign-up, register and receive an account through the Website (an Account).

(b) As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.

(c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.

(d) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.

(e) We may suspend or cancel your Account if you do not comply with these terms or any other reason on notice to you.

3 Recordings

This clause 3 applies when you purchase Recordings through our Website.

3.1 Licence

(a) You are granted a limited licence to use the Recording for your own personal, non-commercial purposes.

(b) You must not give access to your Account to any other person.

(c) We will only revoke your licence and terminate your Account if we suspect, for any reason, in our sole discretion, that you are misusing the licence, for example by distributing the Recording to other people or giving access to your Account to other people, you are making commercial use of or infringing our intellectual property rights in the Recordings, or if you do not comply with these terms.

(d) In the event your license is revoked, and your Account is terminated, you will not be entitled to a refund of the Fees.

3.2 Limitations

While we use our best efforts to make the Recordings helpful for you, you acknowledge and agree that:

(a) on our Website and in the Recordings, and via our personnel on any other website, email and on the phone, The Hypnotic Centre provides information only;

(b) we make no warranties in relation to the information provided in Recordings being effective, fit for any particular purpose or specifically suited to you;  

(c) we do our best to provide up to date information on our Website and in the Recordings, however there may be gaps in the information provided in the Recordings or new research that we have not come across yet; 

(d) we make no warranties that the Recordings will bring about any particular result for you, or that they will cover any particular content or information; and

(e) you should obtain specific medical, psychological and other professional advice before relying on the information provided in Recordings. By not seeking such advice, you accept the risk that the information contained in a Recording may not meet your specific needs. 

3.3 Release

You agree not to rely on any part of our Website or Recordings, or information provided by us or our personnel, as if it contained medical, psychological or other professional advice, and release The Hypnotic Centre from any and all liability that may arise out of you or your personnel making any such reliance.

services

This clause 4 applies when you purchase Services through our Website.

4.1 General

(a) Details of our Services will be as set out on our Website. We may provide our Services online (Online Consultation) or offline as part of an in-person consultation (In Person Consultation).

(b) If you decide to use our Services, you must first sign up and make a payment as set out on the Website. You will have the option of choosing individual Services or choosing from several options as set out on our Website. Our Services will vary depending on what type of service and/or Package (defined below) you purchase.

(c) The Hypnotic Centre offers various different packages (Packages) as set out on the Website.

4.2 booking a consultation

(a) We use a third-party booking service called WebCommander to allow you to make bookings for the Services (Booking App).

(b) To engage us to perform the Services, you must book an appointment with us via the Booking App (Booking Request).

(c) Submitting a Booking Request constitutes your intention and offer to enter into a contract, where we will provide you with the Services you have ordered in exchange for your payment of the total amount displayed when submitting the Booking Request (Fee). A contract is not formed until you receive an email from us confirming that your order is being processed.

(d) By using the Booking App, you agree that WebCommander’s terms and conditions and policies apply to our provision of the Booking App to you, and your use of the Booking App, which can be accessed here https://www.webcommander.com/terms-and-conditions/.

(e) We accept no responsibility for any failure of the Booking App that limits or otherwise affects your ability to make an appointment. However, if you do encounter any issues, please contact us.

4.3 online consultation

This clause 4.3 applies where the Services are being provided via an Online Consultation.

(a) If the Services are provided online, they will be delivered electronically and accessed via a third-party app, currently Skype (App). The Hypnotic Centre may modify the third-party app from time to time. The Hypnotic Centre will notify you of this as soon as possible if this occurs and provide you with the relevant information.

(b) The App is powered by a third-party platform and the terms and conditions of that third party may apply to your use of the App to the extent applicable to you. Those terms can be accessed here: https://www.microsoft.com/en-gb/servicesagreement/

(c) To the maximum extent permitted under applicable law and our agreement with our App provider, The Hypnotic Centre will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the App or any issues experienced in using the App including downtime and the App not functioning adequately.

(d) You agree that it is your responsibility to check that the computer and internet service being used to access the Services is adequate to access the Online Consultation.

(e) The Hypnotic Centre will not be liable to you if the Services are not provided as a result of any technical issues including but not limited to:
(i) the operation of the internet, including but not limited to viruses;
(ii) any firewall restrictions that have been placed on your network or the computer you are using to access the Online Consultation;
(iii) failures of telecommunications links and equipment; and
(iv) software and browser incompatibility.

4.4 client obligations

(a) You must provide The Hypnotic Centre with all documentation, information and assistance reasonably required for The Hypnotic Centre to perform the Services.

(b) You agree to liaise with The Hypnotic Centre as it reasonably requests for the purpose of enabling The Hypnotic Centre to provide the Services.

(c) You must promptly disclose to The Hypnotic Centre any known or suspected health issues (including epilepsy), allergies, sensitivities, or concerns that may affect the safety or suitability of the Services, including but not limited to medical conditions, medical treatments, or the use of medication.

4.5 rescheduling by the client

(a) If you cannot attend a scheduled appointment, you must give us at least 24 hours’ notice. If you provide at least 24 hours’ notice, we will endeavour to reschedule your appointment to another suitable time.

(b) Unfortunately, if you cancel with less than 24 hours’ notice, The Hypnotic Centre will have to charge you the full amount of that appointment and will be unable to re-schedule another replacement appointment at such short notice. You will forfeit your payment for that appointment.

(c) There may be some situations where, due to extenuating circumstances, you need to reschedule appointments. Please get in touch with us if you cannot attend an appointment for extenuating circumstances and we will consider your situation.

4.6 RESCHEDULING BY THE HYPNOTIC CENTRE

The Hypnotic Centre reserves the right to cancel any scheduled appointments at any time for any reason, including where we are unable to attend due to sickness or unforeseen commitments. If The Hypnotic Centre cancels any part of the scheduled appointment, we will use our best endeavours to reschedule your appointment to another date or time. Where we are unable to reschedule the session as a result of us being unavailable, we will refund the pro-rata Fees for that session.

5 PAYMENT

(a) All prices are:
(i) per unit (except where indicated);
(ii) in Australian Dollars; and
(iii) subject to change prior to you completing an Order without notice.

(b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Recordings and Services at the time of placing an Order.

(c) (GST) Unless otherwise indicated, amounts stated on the Website include GST.

(d) (Card surcharges) The Hypnotic Centre reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(e) (Online payment partner) We may use third-party payment providers such as SecurePay Payment Solutions (Payment Providers) to collect payments for Recordings or Services. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider accessible here: https://www.securepay.com.au/terms-and-conditions/#online-payments-services-terms-and-conditions-onboarded-after-04-12-2023 and, to the maximum extent permitted by law, we will not be liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

6 CHANGES TO YOUR ORDER

(a) Once we confirm your Order, we do not allow for change of mind refunds unless otherwise agreed by us in writing.

(b) Nothing in this clause 6 is intended to limit or otherwise affect the operation of any of your rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth).

7 INTELLECTUAL PROPERTY

7.1 OUR IP

Intellectual Property Rights in our Recordings and any other related information or materials (materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.

You will not under these terms acquire Intellectual Property Rights in any of Our IP.

7.2 DEFINITIONS

For the purposes of this clause 7:

(a) “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.

(b) “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.

8 discount codes

(a) We may provide promotional offers and codes offering a discount on the Recordings or Services (Discount Code). To use a Discount Code, you will need to enter the code at checkout.

(b) You agree that Discount Codes:

(i) may only be used once and cannot be combined or used together in a single transaction;
(ii)cannot be applied retrospectively to an Order; and
(ii)are non-transferable and cannot be redeemed for cash or store credit.

(c) A Discount Code may be subject to additional terms or conditions and we recommend you check the terms of any promotion to avoid disappointment.

(d) We reserve the right to deny use of a Discount Code for any reason, including where we have reason to suspect that there has been an attempt to deceive or defraud us through the use of a Discount Code.

9 CONFIDENTIALITY AND PRIVACY

9.1 PRIVACY

(a) The parties must comply with:
(i) if applicable, their respective obligations under the Privacy Act 1988 (Cth); and
(ii) our privacy policy as in force from time to time.

(b) We will keep you informed of any changes to our Privacy Policy where relevant.

9.2 COLLECTION NOTICE AND PRIVACY

(a) We may collect personal and/or sensitive information about you in the course of providing you with the Recordings or Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

(d) By agreeing to these terms, you agree to be bound by the clauses outlined in our Privacy Policy.

9.3 CONFIDENTIAL INFORMATION

(a)The parties will not disclose Confidential Information directly or indirectly to any third party, except:
(i) with the other party’s prior written consent; or
(ii) as required by any applicable law.

(b)In these terms, “Confidential Information” means information of, or provided by, a party that is by its nature confidential information, is designated as confidential, or that the recipient of the information knows or ought to know is confidential (including all commercial information exchanged between the parties), but does not include information which is, or becomes, without a breach of confidentiality, public knowledge.

10 THIRD PARTY TERMS SUPPLIERS

(a) If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).

(b) Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Website), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Recordings or any services related to providing the Recordings and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

Part B: For When You Browse This Website…

11 ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

12 YOUR OBLIGATIONS

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of The Hypnotic Centre;

(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Recordings or Services;

(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e) use the Website with the assistance of any automated scripting tool or software;

(f) act in a way that may diminish or adversely impact the reputation of The Hypnotic Centre, including by linking to the Website on any other website; and

(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.

13 INFORMATION ON THE WEBSITE

(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
(i) the Website may have errors or defects (or both, as the case may be);
(ii) the Website may not be accessible at times;
(iii) messages sent through the Website may not be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Website may not be secure or confidential; and
(v) any information provided through the Website may not be accurate or true.

(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content (as defined below).

14 INTELLECTUAL PROPERTY

(a) The Hypnotic Centre retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from The Hypnotic Centre or as permitted by law.

(c) In this clause 14, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

15 LINKS TO OTHER WEBSITES and recommendations

(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

(c) We may make product recommendations and suggestions on our Website (Product Suggestions). While we strive to provide helpful and accurate Product Suggestions, we do not guarantee the completeness, accuracy, or reliability of these suggestions. Please conduct your own research before making any decisions based on our Product Suggestions.

16 THIRD PARTY PLATFORM

(a) This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: https://www.webcommander.com/terms-and-conditions/.

(b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

17 SECURITY

To the maximum extent permitted by law, The Hypnotic Centre does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

18 REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

Part C : Liability And Other Legal Terms

19 LIABILITY

19.1 WARRANTIES

Under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL), you may be entitled to certain remedies (like a refund, replacement or repair) if there is failure with the goods or services provided. Nothing in these terms is intended to limit the operation of the ACL. Please note that, to the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.

19.2 LIABILITY

(a) To the maximum extent permitted by law and subject to clause 2(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to the amount paid by you to The Hypnotic Centre in the 6 months preceding the date of the event giving rise to the relevant liability.

(b) Clause 2(a) does not apply to your liability in respect of loss or damage sustained by us arising from your breach of third party intellectual property rights.

19.3 Consequential loss

To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any Recordings or Services provided by us, except:

(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

20 GENERAL

20.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

20.2 WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

20.3 SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

20.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

20.6 COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

20.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

20.8 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (currency) a reference to $, or “dollar”, is to Australian currency;

(c) (gender) words indicating a gender includes the corresponding words of any other gender;

(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

21 NOTICES

(a) Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement. 

(b) If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent. 

(c) The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.