These are the Terms and Conditions of Sale for all Programs, Online Courses, Course Materials, and any other services (Services) sold by Real Hypnosis Training Pty Ltd (ACN 619 683 733) and Real Hypnosis Training Pte Ltd (UEN 202401983E) trading as Hypnotherapy Learning Hub (Hypnotherapy Learning Hub, we, us) on our website, hypnotherapylearninghub.com (Website).
Please read these terms and conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase with us, you’re indicating to us that you’ve read, understood, and agreed to enter into a binding agreement with us on these terms and conditions. If you have any questions or concerns about our terms and conditions, Services or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.
While we take every care to make sure our Website is accurate and up to date, we’re only human and from time to time, mistakes may occur (for example, a pricing error or inclusions error).
Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as a pricing error), we may choose not to complete the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price).
You agree to pay us the purchase price for the Services listed on the Website (subject of course to the proviso above, in the case of accidental errors and omissions). Prices are listed in United States (USD) and are inclusive of GST/VAT or other taxes, unless otherwise stated on the Website.
The payment structure for all Services includes full-fee upfront payment. Please see our Website for further details or contact us for further information on our available payment options.
We currently accept payment via Credit Card. We may offer other ways to pay from time to time, such as through other third-party payment gateways or processors or electronic funds transfer into our nominated bank account. Please ask us for more information.
In making a payment, you warrant to us that you’ve read and agreed to the terms of any other third-party payment gateway or processor we use on the Website from time to time, which are available on their website. You understand that these services are provided by third parties and are made available to you on our Website for convenience only.
We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider, please contact them directly.
We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website or otherwise notifying you.
If you fail to make a scheduled payment, or if any such payment is returned or denied for any reason, we may terminate this Agreement or suspend or cancel your access, at our absolute discretion, unless or until payment is received.
In order to purchase access to an online course, you must first create an online account.
As a purchaser of an online course, we grant you a limited, non-transferable, non-exclusive, worldwide, royalty-free, revocable license to access the Online Course and all associated intellectual property in accordance with these terms, for the sole purpose of completing the Online Course via the hypnotherapylearninghub.com website for your own personal and non-commercial use.
We don’t grant you any other rights whatsoever in relation to the Website or the online course. Specifically, you are prohibited from re-using the content contained in the online course for commercial use.
Hypnotherapy Learning Hub can revoke this license immediately and without notice if you use the content other than in accordance with this license.
Risk in the Services supplied under this Agreement passes to you once the Services are made available to you; that is, once the email with your login details has been delivered.
We may offer discounts from time to time. Please note that discounts are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount to a purchase, not both).
Discounts are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made (whichever occurs first).
We reserve the right to revoke any discount offer at any time without notice.
Once we’ve received your payment and confirmed your order, you’ll receive an email with your login details to access the Services. If you have any technical problems accessing your online account or accessing the material which forms part of the Services, please contact us for assistance.
ACCESS DEVICE TYPE
All courses on the Hypnotherapy Learning Hub are best viewed on a minimum of an ipad tablet type device. The best device being a laptop or desktop computer. Whilst phone devices are supported it is the responsibility of the course purchaser to ensure their device is suitable to view the training course purchased and the ability of such device to download and store and print course materials, this is not the responsibility of the Hypnotherapy Learning Hub. If Course materials are lost of damaged by the user then a charge may be incurred for replacement course materials.
You agree to follow our rules for participation in the services. You understand and agree that you must treat our members with respect and to refrain from conduct which is otherwise illegal, discriminatory, harassing, threatening, sexist, defamatory, vilifying, bullying, trolling, misleading or deceptive.
Failure to comply with this clause amounts to a breach of this Agreement and Hypnotherapy Learning Hub may suspend or limit your access to the Services or terminate this Agreement.
EVENTS BEYOND CONTROL
Hypnotherapy Learning Hub will not be liable for any loss caused by any failure to observe the terms and conditions of this Agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, other extreme weather event or natural disaster, riot, strike, act of war, terrorist attack, nuclear event, pandemic, epidemic, widespread contagion, quarantine restriction, critical infrastructure failure, severe disruption to virtual infrastructure, restriction or prohibition or any other action by any government or semi government authority, or major injury or illness of key personnel. We may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.
ADVICE, INFORMATION AND INSTRUCTIONAL VIDEOS
We may give you advice, recommendations, information, instruction or assistance in relation to the Services and in Course Material provided to you through the Services, believing it to be accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability.
The information, advice and instruction we give are general in nature and is not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional advice suitable for your personal circumstances if necessary.
We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website, unless otherwise required by law.
In the Services, we may link to and from other websites that we think share our ethos and that we think you will find helpful. Those websites will have information collated and presented by third-party businesses, organisations and individuals. Please note that we may include these links for your convenience, however we don’t necessarily endorse or support the views, opinions, standards or information expressed on them. For your own safety, please make sure you check the protocols and standards of the linked websites before using them.
Of course, because the linked websites are run by third parties, we can’t warrant or represent that any of the information on them is up to date, complete or correct. While we do our best to make sure we link to reputable websites, we can’t accept responsibility or liability for any loss, damage, cost or expense you or anyone else might incur because you’ve used or relied on material on the linked websites, so please make sure you use caution and common sense while browsing online, especially if you’re making purchases.
AUSTRALIAN CONSUMER LAW
The Services come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL).
Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.
Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, under s64A of the ACL to replacement of the Services or the cost of having the Services replaced, or such other remedy that we see fit.
We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the ACL (for example, we are unable to exclude or limit liability for consequential loss arising out of a breach of a consumer guarantee).
DISCLAIMER AND LIMITATION OF LIABILITY
Except as set out above, to the maximum extent permitted by law, we exclude all terms, guarantees, warranties, representations or conditions which are not expressly stated in these terms and conditions.
Please note that we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee to which you are entitled under the ACL), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services, Website or these terms and conditions (including as a result of not being able to use or access the Services or Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
We make the Services available to you, however you use the Services at your own risk. Everything in the Services is provided “as is” and “as available” – we don’t make any representations or warranties of any kind.
If for any reason you are not a consumer of Services for the purposes of the Australian Consumer Law, we exclude all liability to you, however arising, including by negligence.
Students wishing to cancel their enrolment must submit notification of withdrawal in writing within 14 days of the confirmation of enrolment. It is recommended students contact Hypnotherapy Learning Hub within 24 hours of submitting a cancellation request to confirm receipt. Hypnotherapy Learning Hub accepts no responsibility for and will not be liable for non-receipt of messages or transmissions.
Refunds will only be provided in accordance with our obligations under Australian Consumer Law. We are not required to provide a refund if you change your mind about the course that you chose to enrol into.
However, while course fees are non-refundable, students may have extenuating circumstances that prevent them from undertaking their course. Where evidence can be successfully provided to support the student’s circumstances, course fees may be refunded or partially refunded as per the following:
A full refund is permitted if the enrolment is cancelled prior to the commencement of the course and access to resources has not been provided yet.
A 50% refund is permitted if the enrolment is cancelled within 7 days of the course commencement date.
No refund will be provided after 7 days of the course commencement date.
No refund will be provided where videos have been watched or Course Materials have been downloaded.
All content in the Services and Website is subject to copyright and is protected by copyright under the laws of Australia and through international treaties. Unless we say otherwise, all rights (including copyright) in the Services and website (including text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us and are reserved by us.
You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this Agreement will remain our sole property and that nothing in this Agreement transfers any ownership in our intellectual property rights to you.
If you would like to share our website or social media content that’s freely available for re-use or is in the public domain, you are permitted to do so, as long as you attribute same to us and link back to our website. This includes images on our website and social media profiles, unless we explicitly cite a copyright notice indicating otherwise. If you’d like to share, re-publish or otherwise use our website or content in a way that you aren’t expressly authorised to do by these terms, please don’t hesitate to get in touch with us.
You are expressly prohibited from producing, publishing, or otherwise distributing any of the Intellectual Property (such as our course content or including Course Materials), save as to any licence of the Intellectual Property or part thereof granted under this Agreement.
You grant us permission to use and reproduce your name, business or trading name and logo (if applicable), photograph or likeness, including any trade marks, as well as evidence of services delivered and results achieved to promote our business.
We love it when you post about our products on social media. If you do share images or videos (or any other depiction whatsoever) of our products on your social media (Posts), you provide to us your express and unconditional consent to share your Posts on our social media. We will of course provide appropriate attribution to you (through tagging you or other appropriate means) when reposting your Posts.
You acknowledge that you may have access to certain confidential information of Hypnotherapy Learning Hub, including (but not limited to) technical information and know how relating to the Services, the Website and Hypnotherapy Learning Hub (Confidential Information). You agree to treat as confidential the Confidential Information and not use or disclose the Confidential Information during the term of this Agreement or thereafter, other than in connection with performing this Agreement or with our prior written consent.
In the event of a breach or threatened breach by you of this clause, you acknowledge we will be irreparably harmed, and monetary damages will be an insufficient remedy. Accordingly, you consent to enforcement of this clause by means of temporary or permanent injunction and other appropriate legal or equitable relief in any competent court.
This clause survives the expiry or termination for any reason of this Agreement.
You agree the restrictions set out in this clause are reasonable and necessary to protect our goodwill and reasonable commercial interests.
RELATIONSHIP OF PARTIES
The relationship between the parties is that of independent contractors and nothing in this Agreement is to be construed as constituting an agency, partnership, joint venture, relationship of employee and employer or franchisor and franchisee or any other form of association between the parties.
If a dispute arises between the parties, the party claiming the dispute must not commence any court or arbitration proceedings (except where they seek urgent interlocutory relief), unless they have first complied with this clause.
The party must inform the other party in writing of the following:
the nature of the dispute;
the outcome they desire to resolve the dispute, and
the action they believe will settle the dispute.
On receipt of the notice by the other party, both parties will make every effort, without delay and in good faith, to resolve the dispute by mutual negotiation within fourteen (14) Business Days.
If the parties are unable to resolve the dispute in that time, the parties must agree on selection of a mediator (if the parties are unable to agree, they agree to request that the President of the Law Society of Queensland appoint a mediator) and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediation (to be paid in advance). The parties must each pay their own costs associated with the mediation, which must be held in Gold Coast, Queensland.
The existence of a dispute or the commencement of proceedings does not affect the obligation of the parties to continue to perform their obligations under this Agreement.
This clause survives termination of this Agreement.
INDEPENDENT LEGAL ADVICE
You can seek independent legal advice on these terms and contact us to negotiate changes or amendments to these conditions before proceeding with your order. If you don’t do so, we’ll take it that you’ve read, understood, and agreed to be bound by these conditions and that you consider the conditions fair and reasonable and not against public policy.
We may make permitted variations to these conditions at any time by updating this document and giving notice to you by posting a copy on the Website, or otherwise notifying you in writing. The variations will take effect thirty (30) days after the date of posting. Your continued access and use of the Services will indicate your acceptance of the variations.
Permitted variations will be limited to those reasonably required by us to protect our legitimate business interests and which do not seriously impact the benefit you receive under this Agreement.
If any part of these conditions is found to be void or unenforceable by a Court of competent jurisdiction, that part will be severed, and the rest of the Agreement will remain in force.
The rights of each party under this Agreement are personal. You may only assign, charge, transfer or otherwise encumber or dispose of any of their rights under this Agreement with our prior written consent, which can only be withheld on reasonable grounds. We may assign, charge, transfer or otherwise encumber or dispose of any of their rights under this Agreement on giving you notice in writing.
A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.
This Agreement commences on the date that it is accepted by you and will remain in force until each party has fulfilled their obligations under this Agreement, unless terminated earlier in accordance with this Agreement or general law.
We may terminate this Agreement at any time on thirty (30) days’ written notice to you. All disclaimers and limitations of liability will survive termination. Any accrued rights or remedies to which either party is entitled will not be affected.
As we’re based in Queensland Australia, these conditions will be governed by the laws of that state/territory. If we do end up in court, you agree that the non-exclusive venue for resolving any dispute will be in the courts of Queensland Australia.
If you don’t want to provide personal information to us, then you don’t have to, however this may affect your use of this website.
1. TYPES OF PERSONAL INFORMATION WE COLLECT
The types of personal information we collect may include:
• identity data (including your name and username or similar identifier); • contact data (including your contact details such as your billing and delivery address, email address and telephone number); • transaction data (including details about payments to and from you and other details of products you have purchased from us); • technical data (including your internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our website); • profile data (including your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses); • usage data (including information about how you use our website, products and services); and • marketing and communications data (including your preferences in receiving marketing from us and our third parties and your communication preferences).
If you’re a customer and would like to deal with us anonymously or use a pseudonym, feel free to do so.
2. HOW WE COLLECT PERSONAL INFORMATION
We collect this information from you when you make an enquiry with us (for example, by email), purchase a product from us, sign up for a service via our website or submit a contact enquiry on our website, etc.
We are committed to using lawful and fair means to collect personal information and collecting it from others only when it is unreasonable or impracticable to obtain certain information from you directly. We collect personal information about you from:
• You • Searches and enquiries • Your use of our website
We will destroy or de-identify information where we form the opinion that the information has been provided to us unlawfully or unfairly.
3. WHY WE COLLECT, HOLD, USE AND DISCLOSE PERSONAL INFORMATION
We collect, hold, use and disclose your personal information as is reasonably necessary for us to perform our core functions and activities, including for the following purposes:
• to contact and communicate with you • to provide goods and/or services to you • to maintain a database of customers, subscribers or similar • to market to you and others, including remarketing (this may involve the use of a Facebook pixel or similar technology to allow us to display our advertising to you elsewhere on the internet, for example, on Google or Facebook) • for internal record keeping • for statistical purposes • as required by law
We will not use or disclose personal information for the purpose of direct marketing unless you have consented to the use or disclosure of the information for that purpose.
Please note that we will not disclose your personal information for any purpose other than the purpose for which it was collected without your consent, unless we are required to do so by law.
5. LINKS TO OTHER SITES
6. HOW YOU CAN ACCESS AND CORRECT YOUR PERSONAL INFORMATION
Access: You can request details of personal information that we hold about you. We will respond to any request to access information within a reasonable time.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details set out below. We rely in part on you advising us when your personal information changes. We will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date and to notify you of the correction, unless it is impracticable or unlawful to do so.
Deletion: If you want us to delete personal information we hold about you or to not collect information from you for a specific purpose, such as targeted advertising, please contact us using the details set out below. Please note that if we agree to delete your information, because of backups and records of deletions, it may be impossible to completely delete your information without retaining some residual information. We will functionally delete the information and we will not sell, transfer, or use personal information relating to you in any way moving forward.
We will respond to any request to access, correct or delete information within a reasonable time.
7. HOW WE MAINTAIN THE SECURITY OF YOUR INFORMATION
We are committed to ensuring that the personal information we hold is secure and protected from misuse, interference, loss and unauthorised access, modification or disclosure. We undertake the following precautions to protect personal information we hold:
• our website contains pages encrypted with SSL (Secure Sockets Layer) to ensure the safety of any data that is submitted through use of this website • we limit access to personal information to a “need-to-know” basis • we protect devices we use to collect, hold, use and disclose personal information with industry-standard anti-virus software • our devices are protected by password and are stored in secure premises • data is securely stored on cloud servers • our email data is encrypted • all hard copies of personal information are kept in secure storage with access by authorised personnel only • all conversations involving the discussion of personal information take place in private, where conversations are unable to be overheard by unauthorised personnel • if we no longer need personal information, we take reasonable steps to delete or de-identify the information
While we take commercially reasonable measures to maintain a secure website and business, electronic communications and databases are subject to errors, tampering and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to you for any such occurrences. If a data breach occurs involving your personal information and the breach is likely to cause harm to you, we will notify you as soon as possible after the occurrence in accordance with our obligations under the Privacy Act and related legislation.
8. DO YOU LIVE IN THE EU?
The Hypnotherapy Learning Hub is committed to looking after our customers in the EU and we make every effort to comply with the GDPR.
9. WHAT IS PERSONAL DATA?
Any information relating to you.
10. WHAT IS PROCESSING?
Any operation on personal data like recording, structuring, storing etc.
11. WHO IS A CONTROLLER?
The person or body who determines how and why personal data is processed. In this case that’s us – The Hypnotherapy Learning Hub.
12. OUR COMMITMENT
The personal data we collect is:
a. processed lawfully, fairly and transparently; b. collected for the specified, explicit and legitimate purposes including creating our mailing list, direct marketing, taking payment and getting your goodies to you; c. adequate, relevant and limited to what is necessary for our purposes; d. accurate, and where necessary, kept up to date (we will take every reasonable step to ensure that inaccurate personal data is erased or rectified without delay); e. not stored than for longer than is necessary; and f. processed in a manner that ensures appropriate security of the personal data.
13. YOUR CONSENT
The Hypnotherapy Learning Hub requests your consent to the processing of your personal data for the purpose of creating our mailing list, marketing, taking payment and distribution/deliveries.
You give us consent to process your personal data. You can withdraw that consent at any time by sending an email to firstname.lastname@example.org. If you ask us to, we will stop using your personal data as soon as possible.
14. HOW THE HYPNOTHERAPY LEARNING HUB WILL WORK WITH YOUR PERSONAL DATA
To help you to understand how we will work with your personal data we set out some key information below. As always if you have any questions just ask – we are here to help!
Who is the controller of the data? Real Hypnosis Training Pty Ltd
Privacy contact: Privacy Administrator
What are the purposes for processing the personal data? Creating our mailing list, direct marketing, taking payment and providing online courses!
Who receives your personal data? Your data is received by us, Real Hypnosis Training Pty Ltd, and by our key suppliers including our marketing platforms like Adwords, Facebook and Instagram.
If you are located in the EEA or the United Kingdom, we will only transfer your personal data if:
the country to which the personal data will be transferred has been granted a European Commission adequacy decision; or
we have put in place appropriate safeguards in respect of the transfer, for example we have entered into EU standard contractual clauses and required additional safeguards with the recipient, or the recipient is a party to binding corporate rules approved by an EU or UK supervisory authority.
You may request more information about the safeguards that we have put in place in respect of transfers of personal data by contacting us as described in Contact Details below..
How long will your personal data will be stored? We store all order and customer information indefinitely. This is necessary for our legitimate business purposes and to fulfil the purpose for which we collected the data, for example, to make a delivery to you, to contact you for marketing purposes and to facilitate your easy and convenient use of our website and ordering system.
15. YOUR RIGHTS
You may request access to, rectification or erasure of your personal data, restriction of processing or object to processing for automated decision-making. You also have the right to data portability. We may request a reasonable fee to process a data portability request that is manifestly unfounded or excessive, based on the administrative costs of complying with the request. We will contact you promptly and inform you if we require payment of a fee. We will not be obliged to comply with the request until we have received the fee. Just contact us by phone or email if you have a request like this.
You have the right to lodge a complaint with a supervisory authority. The Hypnotherapy Learning Hub hopes that you will not have complaints but if you do please raise them with us. You also have a right to lodge a complaint with the supervisory authority in the EU Member state where you live or work.
Where we have collected data from you where you have ‘opted in’ for direct marketing purposes pursuant to an offer, the provision of your personal data is a contractual requirement for the delivery of an opt in material. Similarly, if you are arranging a delivery it is a contractual requirement to take the payment/billing details and delivery information. If you do not provide personal data, we will not be able to provide our products or services to you.
Is there automated decision making (including profiling)? Any automated decision making would only relate to decisions necessary for us to perform the services as agreed for you such as choice of delivery service provider or method. Please note that we may also utilise Adwords, Facebook and Instagram advertising services, which may also utilise automated decision making. Please refer to their privacy statement, available at https://policies.google.com/privacy , https://www.facebook.com/privacy/explanation, for more information. Please note that we are not affiliated with or sponsored by Adwords, Facebook or Instagram.
We may collect other personal data about you from other sources. All such data is obtained from government registers and is publicly available. The categories of personal data include names, addresses and contact details.
16. HOW YOU CAN MAKE A COMPLAINT ABOUT PRIVACY BREACH
17. HOW YOU CAN UNSUBSCRIBE OR OPT OUT
We like to keep our customers and website visitors up to date, so from time to time we’ll send you newsletters, invitations and updates. Not to worry: our emails will always come with an “Unsubscribe” button, so you can opt out at any time. To unsubscribe from our email database, or opt out of communications, use the “Unsubscribe” button in our communication or contact us using the details set out below.
19. CONTACT DETAILS
For any questions or notice, please contact us using these details: