TERMS & CONDITIONS

Last updated: 30 June 2024

These are the Terms and Conditions governing the use of this website at https://eap.ondemandhypnosis.com (hereinafter referred to as “EAP Website”) operated by MINDVISION PTY LTD, PO BOX 3086,North Turramurra, Sydney, NSW 2074, Australia (hereinafter referred to as either “MINDVISION,” "We," "Us" or "Our").

Please read these Terms and Conditions carefully before using this EAP Website.

If you are under the age of 18 or if you disagree with any part of these Terms and Conditions or the Privacy Policy, you must cease using the EAP Website.

MINDVISION does not permit anyone under 18 to use the EAP Website.

By using the EAP Website, you warrant that:

You are over the age of 18;

You will be bound by and comply with these Terms and Conditions, as well as Our Privacy Policy, which describes Our policies and procedures on the collection, use and disclosure of your personal information when you use the EAP Website; and

Your use of the EAP 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).

You also accept that, separately to these Terms and Conditions:

Your access to and use of Our site at https://ondemandhypnosis.vhx.tv (hereinafter referred to as “Video Platform”) hosted on video hosting platform Vimeo OTT operated by Vimeo.com, Inc. will be governed by the Terms of Use of Video Platform, the Video Platform’s Privacy Policy, and Vimeo OTT Cookie Policy; and

Your access to and use of Our website at https://www.ondemandhypnosis.com (hereinafter referred to as “On Demand Hypnosis Website”) will be governed by On Demand Hypnosis Website’s Terms and Conditions, and On Demand Hypnosis Website’s Privacy Policy.

Article 1: Our Service

MINDVISION’s service offered on the EAP Website (hereinafter referred to as “Service”) is intended for organizations, companies and other entities (hereinafter referred to as “Organizations, etc.”) and is governed by the Service Agreement.

By placing any order for and/or using MINDVISION’s Service, you agree to be bound by the Service Agreement.

Article 2: Service Inquiry

You may send MINDVISION an inquiry about the Service by using the Inquiry Form.

In order to respond to said inquiry, MINDVISION may ask you to provide necessary information including but not limited to your name, name of the Organization, etc., your email address, your position and/or job title, your phone number, and your requirements for the Service.

MINDVISION will respond to you by either email or phone.

By making said inquiry, you represent and warrant that:

You are a duly authorized representative of an Organization, etc.;

The information you provide MINDVISION is true, correct and complete; and

MINDVISION has your permission to communicate with you by email and/or phone.

Article 3: Availability, Errors and Inaccuracies

The information presented on or through the EAP Website is made available solely for general information purposes.

We do not warrant the accuracy, completeness, or usefulness of said information.

Any reliance you place on said information is strictly at your own risk.

We disclaim all liability and responsibility arising from any reliance placed on said information by you, or by anyone who may be informed of any of its contents.

We reserve the right to change or update information on the EAP Website and to correct errors, inaccuracies, or omissions at any time without prior notice.

Article 4: Access to the EAP Website

MINDVISION reserves the right to modify, suspend or terminate the Website at any time at its discretion without notice.

MINDVISION shall not be liable if, for any reason, all or any part of the EAP Website is unavailable at any time or for any period.

MINDVISION may, from time to time, limit access to some parts of the EAP Website.

Article 5: Intellectual Property

You acknowledge that you have no rights in, or to, the EAP Website, other than the right to use the EAP Website in accordance with these Terms and Conditions.

You hereby accept that these Terms and Conditions do NOT transfer, from MINDVISION to you, any intellectual property of MINDVISION or third party.

The EAP Website and its original content, features and functionality are and shall remain the exclusive property of MINDVISION and its licensors, and are protected by Australian and international copyright, trademark and other intellectual property laws.

Our trademarks and logos shall not be used in connection with any product or service without the prior written consent of MINDVISION.

Any use of the EAP Website not expressly permitted by these Terms of Conditions is a breach of these Terms of Conditions and may violate copyright, trademark, and other laws.

Article 6: Prohibited Acts

You shall:

NOT use the EAP Website in any manner that could disable, overburden, damage, compromise or impair the EAP Website or interfere with any other party’s use of the EAP Website;

NOT use any process to monitor or copy any of the material on the EAP Website without Our prior written consent;

NOT use the EAP Website in a manner that infringes any intellectual property rights, privacy rights or any other rights of MINDVISION or any third party;

NOT use the EAP Website for any commercial endeavors;

NOT copy, reproduce, republish, modify, alter, download, store, upload, reverse engineer, post, transmit or distribute the EAP Website, all or in part, in any way under any circumstances;

NOT introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful to the EAP Website or anyone assessing or using the EAP Website;

NOT attempt to gain unauthorized access to, interfere with, damage, destroy or disrupt any part of the EAP Website, the server on which the EAP Website is hosted, or any server, computer, or database connected to the EAP Website;

NOT attack the EAP Website via a denial-of-service attack or a distributed denial-of-service attack; or

NOT otherwise attempt to interfere with the proper functioning of the EAP Website or use the EAP Website in any other unlawful manner or for any unlawful purpose.

MINDVISION may report any activity referred to above, including any attempt thereof, to relevant law enforcement authorities and disclose your identity to said authorities in the process of cooperating in an investigation.

In the event that you have engaged in any of the aforementioned activities, your right to use the EAP Website shall cease immediately.

Article 7: Your Feedback to Us

You assign all rights, title and interest in any feedback, innovations or suggestions you provide MINDVISION regarding the attributes, performance or features of the EAP Website (hereinafter referred to as “feedback, etc.”) to MINDVISION.

If for any reason said assignment is ineffective, you agree to grant MINDVISION a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit said feedback, etc.without restriction.

Article 8: Links to the EAP Website

You may link to the homepage of the EAP Website only in a manner that:
Is fair and legal;
Does not damage or take advantage of Our reputation; and
Does not suggest any form of association, approval, or endorsement by Us without Our express consent.

Article 9: Links to Other Websites

The EAP Website may contain links to third-party websites that are not owned or controlled by MINDVISION.

MINDVISION has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that MINDVISION shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites that you visit.

You also understand that references on the EAP Website to any names, marks, products or services of third parties or 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 said third parties.

Article 10: Medical Disclaimer

By using the EAP Website, you acknowledge and agree that MINDVISION is NOT a licensed healthcare provider and does NOT provide medical or emergency services or perform any examination, diagnosis or treatment of psychiatric, mental health or any other medical conditions.

Information provided through the EAP Website is for general information purposes only and is NOT intended to be a substitute of a qualified healthcare professional’s advice, recommendation, examination, diagnosis or treatment.

No medical or health claims are intended, express or implied.

If you suffer from any medical condition or illness, you must seek the advice of your medical doctor or specialist.

Article 11: "AS IS" and "AS AVAILABLE" Disclaimer

Your use of the EAP Website is at your own risk.

The EAP Website is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind.

No oral or written information or advice given by MINDVISION or its authorized representative(s) shall create or constitute a warranty in any way.

To the maximum extent permitted under applicable law, MINDVISION expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the EAP Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Without limitation to the foregoing, MINDVISIONprovides no warranty and makes no representation of any kind, express or implied:

That the EAP Website will meet your requirements, operate without interruption, meet any performance, availability or reliability standards or be error free or that any errors or defects can or will be corrected.

As to the accuracy, reliability, or currency of any information or content provided through the EAP Website; or

That the EAP Website, its servers, the content, or e-mails sent from or on behalf of MINDVISION are free of viruses, scripts, Trojan horses, worms, malware, timebombs or other harmful components.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Where exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer are not allowed, the warranties or limitations set forth in this Article shall be applied to the fullest extent enforceable under applicable law.

Article 12: Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of MINDVISION under any provision of these Terms and Conditions and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the EAP Website or AU$100.00 if you have not purchased anything through the EAP Website.

.To the maximum extent permitted by applicable law, in no event shall MINDVISION be liable for any special, punitive, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits and/or income, loss of data or other information, loss of goodwill, loss of use, loss of business opportunity, business interruption, personal injury, pain and suffering, emotional distress, loss of privacy arising out of or in any way related to the use of or inability to use the EAP Website, or otherwise in connection with any provision of these Terms and Conditions), even if MINDVISION has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Where Our liability cannot be excluded, We limit Our liability to the fullest extent permitted under applicable law.

Article 13: Indemnification

You agree to indemnify, defend and hold harmless MINDVISION and its directors, officers, employees, agents, contractors, subcontractors, interns, suppliers, service providers and licensors from and against any claims, actions, suits, disputes, demands, allegations, investigations, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including, without limitation, reasonable attorneys' fees) arising out of or in any way relatedto:

Your use of the EAP Website;

Your breach of these Terms and Conditions; or

Your violation of any law or the rights of a third party.

Article 14: Governing Law

These Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of New South Wales, Australia.

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

Article 15: Disputes Resolution

If you have any concern about or dispute over the EAP Website, you agree to first try to resolve the dispute informally by contacting MINDVISION.

In the unlikely event that a dispute relating to the EAP Website cannot be settled, you irrevocably and unconditionally agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

Article 16: Severability

If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions shall continue in full force and effect.

Article 17: Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not affect MINDVISION's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Article 18: Translation and Interpretation

These Terms and Conditions may have been translated if We have made the Terms and Conditions available to you in a language other than English on the EAP Website. You agree that the original English text shall prevail in the case of a dispute.

Article 19: Headings

The headings in these Terms and Conditions are for reference only and shall not limit the scope of, or otherwise affect, the interpretation of these Terms and Conditions.

Article 20: Changes to These Terms and Conditions

We reserve the right, at Our discretion, to modifyor replace these Terms and Conditions at any time.

Any changes will take effect immediately upon posting on Terms & Conditions page of the EAP Website.

Please check back from time to time to ensure you are aware of any changes.

By continuing to use the EAP Website after those revisions become effective, you agree to be bound by the revised Terms and Conditions.

If you do not agree to the revised Terms and Conditions, in whole or in part, your sole recourse is to cease using the EAP Website.

Any attempted alteration of these Terms and Conditions by you is not binding on Us.

Article 21: Entire Agreement

These Terms and Conditions constitute the entire agreement and understanding between you and MINDVISION regarding your use of the EAP Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and MINDVISION relating to the EAP Website (including, but not limited to, any prior versions of the Terms and Conditions).

Contact Us

If you have any questions about these Terms and Conditions, you can contact Us by

· Filling out the Contact Form; or

· Writing to
MINDVISION PTY LTD
POBOX 3086
North Turramurra,
Sydney NSW 2074
AUSTRALIA