These terms are applicable to all one-on-one hypnotherapeutic services

Hypno Terms

You agree to be bound by these terms of service

Linda Ruiter-Dawson trading as Linda Robyn Hypnotherapy ABN 16 508 313 615 (we, us or our) owns and operates this platform and the Hypnotherapeutic Services material content and resources (Content).

As the Hypnotherapeutic Service purchaser, you are referred to as you or your throughout these terms and conditions (Terms).

Schedule to these terms

Hypnotherapeutic Service Details (what is included in the Hypnotherapeutic Service/s)

(1) Hypnotherapeutic Journeys

The “Release & Renew” therapist-guided healing programs are bespoke, client-centred treatment journeys commensurate with your goals. The “Release & Renew” journeys can be either six (6) or three (3) months in duration as selected by the client at the point of purchase, and includes two (2), approximately 1-hour (60 minutes), one-on-one online sessions per month with qualified clinical hypnotherapist Linda Ruiter-Dawson;
The initial session will include a comprehensive client intake interview to confirm your goals and intentions for hypnotherapy and discuss aspects of your personal history. This is a requirement for all clients.
Limited access to our “Radical Thrivers Self Healers Community” for the duration of your treatment plan, depending on its availability (Self-Hypnosis Membership).

(2) Once-Off ‘Squeeze-Me-In’ Hypnotherapy Sessions

A 1-hour (60 minutes) one-on-one client-centred hypnotherapy session with qualified clinical hypnotherapist Linda Ruiter-Dawson;
For your initial booking, your session will include a comprehensive client intake interview to confirm your goals and intentions for hypnotherapy and discuss aspects of your personal history. This is a requirement for all clients.

NO GUARANTEES

(As set out in these Terms we cannot guarantee any specific results as a result of you signing up for a Hypnotherapeutic Service and in particular, cannot guarantee results for the items listed immediately below this section)

We cannot guarantee that, as a result of undertaking any Hypnotherapeutic Services offered by us or in general that you will amongst other things:

Achieve your desired goals;
Heal from grief, trauma, autoimmunity, illness or pain;
Feel calmer, relaxed and/or more in control;
Overcome your fertility issues; or
Achieve any other desired outcomes.

Part One - The Hypnotherapeutic Services

1. WELCOME

1.1 We own and operate the tailored hypnotherapeutic services including the integrative therapies and modalities which we are trained to provide (Hypnotherapeutic Services) and provide them through several different methods, including our website www.lindarobyn.com, dialogue with you, email and other forms of communication. All of the platforms we use and the ways we communicate with you are referred to as the Platform in these Terms and include any website or third party forum that we use such as Facebook or Zoom.

1.2 These Terms come into effect when you register for a Hypnotherapeutic Service. In purchasing a Hypnotherapeutic Service you agree to these Terms.

2. OUR CONTRACT WITH YOU

2.1 When you purchase your Hypnotherapeutic Services, we will send you an email confirming receipt of your purchase and confirmation of your booking. It is at this point a contract is in place between us as the parties to this contract.

2.2 To undertake a Hypnotherapeutic Service, we grant you a licence for personal and for non-commercial use for the limited, revocable, non-exclusive and non-transferable participation in the Hypnotherapeutic Service. This means that you can use them yourself, but we ask that you do not share with others who have not entered into this contract with us. Because the services are personal in nature they will not necessarily be suitable for anyone else other than you.

2.3 As part of that licence referred to in clause 2.2, and your participation in the Hypnotherapeutic Services, you agree not to copy, reproduce, distribute or use the content included in any of our Hypnotherapeutic Services (Content). Further, you agree not to sell, transfer, lease, modify, distribute or publicly perform the Content.

2.4 If you breach this agreement we reserve the right to end your participation in the Hypnotherapeutic Services and our Platform immediately at our discretion.

3. PRICING OF THE HYPNOTHERAPEUTIC SERVICES

The Prices of our Hypnotherapeutic Services are listed on our Platform at the time of your purchase. While we try and ensure that all details, descriptions and prices that appear on our Platform are accurate, errors may occur. Where we become aware of any such error, we will endeavour to correct it as soon as we are reasonably able.

4. PAYMENT

4.1 Payment must be made by the method you choose from our Platform and may be paid upfront or on a payment plan, depending on the payment options available for the Hypnotherapeutic Service you selected (Payment).

4.2 Payment may be subject to additional fees, terms and conditions imposed by the third party payment processor we provide as option to use (if any). Where a third party payment processor is used for Payment, please review the relevant fees and terms of that processer before choosing your payment method.

4.3 You will be charged in Australian dollars unless advised otherwise and where applicable, Goods and Services Tax (GST) will be added to the price.

5. YOUR OBLIGATIONS

When you register for one or multiple Hypnotherapeutic Services, you are making an agreement with us that you:

(a) have access to an adequate internet connection;

(b) will be able to participate in the Hypnotherapeutic Services you have chosen without any interruptions;

(d) will attend any and all Hypnotherapy Sessions on time; and

(e) will not record any of the Hypnotherapeutic Service without our permission.

6. THE HYPNOTHERAPEUTIC SERVICE

(a) The Hypnotherapeutic Services inclusions are set out in the Schedule to these Terms and may include both Hypnotherapy Sessions (as set out under Clause 7) and a Limited Self-Hypnosis Membership (as set out under Clause 8). We reserve the right to make changes to the Hypnotherapeutic Services at any time if we feel that they will be beneficial to the participants. If we do propose to make a change, we will provide reasonable notice where we are able in the case that you are mid-way through a Hypnotherapeutic Service, noting no such notification is required where you have finished or completed a Hypnotherapeutic Service.

(b) Notwithstanding any other clause in these Terms, your participation in the Hypnotherapeutic Services is subject to your being deemed medically fit in accordance with Clause 9.

7. HYPNOTHERAPY SESSIONS (ONE-ON-ONE SESSIONS)

Any one-on-one hypnotherapy sessions, including the integrative therapies and modalities which we are trained to provide, with a clinical hypnotherapist (Hypnotherapist) included in the Hypnotherapeutic Services (Hypnotherapy Session) is provided to you on the following basis:

(a) all Hypnotherapy Sessions must be used within 3 or 6 months from the payment date, depending on whether, respectively, the 3 or 6 month option is chosen at the point of purchase (Validity Period). If requested by you, the Validity Period may be extended for an additional 3 months (up to 6 months in total) with an additional administrative fee and at our sole discretion only. We will advise you of the administrative fee upon any such request;

(b) Hypnotherapy, including the integrative therapies and modalities which we are trained to provide, is not intended to be a substitute for medical or psychological care or counselling or business or other advice and if this is required, we encourage you to seek an appropriately qualified professional for advice. We may recommend that you do so if we become aware of, or concerned about, your health, including mental health, in any way during any of our Hypnotherapy Sessions and have no liability if you do not accept and action any recommendation we make to you along those lines;

(c) Both you and your Hypnotherapist are required to uphold confidentiality with respect to any information shared during a session, subject to Clause 7(f) below;

(d) You agree to provide reasonable notice, at least 48 hours before the appointment, to reschedule a booked Hypnotherapy Session and that in failing to do so you may forfeit your right to that component of the Hypnotherapeutic Service;

(e) You must treat your Hypnotherapist politely and with respect; and

(f) Notwithstanding any other clause in these Terms, you acknowledge that we as a member of the Australian Hypnotherapy Association (AHA), Australian Society of Clinical Hypnotherapists (ASCH) and the Guild of Australian Hypnotherapists (GoAH), are required to abide by the Code of Practice these organisations issue, including reporting any harm we believe has occurred or if there is a risk of harm occurring to you or to others which we may become aware of during any Hypnotherapy Session. You agree to undergo all Hypnotherapy Sessions on this basis.

LIMITED SELF-HYPNOSIS MEMBERSHIP

(a) The Hypnotherapeutic Services may, at times, include a limited access to our catalogue of self-hypnosis recordings (Limited Self-Hypnosis Membership). Where the Limited Self-Hypnosis Membership is included, this clause applies.

(b) The Limited Self-Hypnosis Membership cannot be transferred to any other person and it is for your use only, no other person, including persons in your immediate household can access these recordings.

(c) The Limited Self-Hypnosis Membership will terminate automatically at the end of 3 or 6 months from the date of your Hypnotherapeutic Service purchase, respectively, depending on whether the 3 or 6 month option is chosen at the point of purchase. If you wish to continue receiving access to the recordings, you may choose to formally join our membership, subject to any membership terms and conditions for the service.

(d) The Limited Self-Hypnosis Membership will require you to create an account on our Platform to access the recordings. You are solely responsible for any action done by any person in your name under your account or password. You must inform us immediately if you have any reason to believe that your password has become known to anyone else or if your account is being used by anyone else in an unauthorised manner.

(e) You acknowledge that the recordings accessed through the Limited Self-Hypnosis Membership:

(1) are in relation to general and non-specific topics and themes, including but not limited to general wellbeing, relaxation, confidence and self-esteem building and ego strengthening. Self-hypnosis recordings do not factor clients’ specific circumstances and are not tailored to your specific goals or intentions for hypnotherapy. For the latter, participation in one-on-one Hypnotherapeutic Services is required ;

(2) the contents of the recordings are not intended to provide any type of specific healing for your circumstances ; and

(3) recordings should not be listened to whilst driving, operating machinery or undertaking any other activity where concentration is required or while under the influence of mind-altering substances such as alcohol, drugs and some medications. We are not responsible for any accidents, injuries or deaths which occur as a result of non-compliance with this clause.

9. MEDICAL OR PSYCHOLOGICAL CONDITIONS

(a) Where you are receiving Hypnotherapeutic Services on a 1 on 1 basis with us, this clause will apply.

(b) We may require information about your medical and health history and any medications you are currently taking to ensure as reasonably possible that you are medically fit to be able to undergo hypnotherapy during our Hypnotherapy Sessions.

(c) You must immediately inform us prior to the start of the Hypnotherapeutic Services if you are receiving any care or treatment from any medical, healthcare or mental health practitioner. Depending on what you are receiving treatment for, we may require you to provide a medical professional’s recommendation or clearance prior to allowing you to participate in the Hypnotherapeutic Services (Medical Clearance). Medical Clearance may be required where you have been diagnosed with conditions such as (not limited to) dementia, a pathological mental health condition, a traumatic brain injury or have a pregnancy-related condition.

(d) If you choose to undergo hypnotherapy specifically in relation to a specific, acute or chronic autoimmune illness or pain relief a Medical Clearance will be required.

(e) If you have been diagnosed with certain medical conditions, including (but not limited to) a diagnosis of epilepsy, schizophrenia, bipolar disorder, borderline personality disorder and psychotic disorders, you will be unable to receive any Hypnotherapeutic Service from us.

(f) You must promptly inform us of any medical or health changes during the course of the Hypnotherapeutic Services.

(g) We reserve the right to terminate your participation in any Hypnotherapy Session or the Hypnotherapeutic Services immediately if:

(1) you are unable to provide a Medical Clearance if required; or

(2) we otherwise determine, in our absolute discretion, that you are not medically or psychologically fit to participate.

10. TERMINATION AND REFUND POLICY

(a) Subject to Clause 10(b), in signing up to a Hypnotherapeutic Service, please note that we do not give refunds for cancellation, or if you change your mind. You may choose not to use all of your Hypnotherapy Sessions purchased as part of your Hypnotherapeutic Journey, however no refund will be issued if you do not use all your Sessions available at your election.

(b) In the event that our hypnotherapy is found to not work on you, we may choose to terminate the Hypnotherapeutic Service at our sole discretion. Termination under this clause will be on a case by case basis and any refunds issued under this clause will be at our absolute discretion.

Part Two - Platform, IP, Limitation of Liability & Other General Clauses

11. platform

When we refer to our Platform it also includes references to third party platforms we use to deliver the Hypnotherapeutic Services to you and which we currently use as at the date of these Terms or may use in the future. By accessing and/or using our Platform, you warrant to us that you:

(a) have reviewed these Terms and our Privacy Policy and note that these two documents together form our agreement with you;

(b) acknowledge and agree that any use of a third party platform means you will be subject to the terms and conditions of that platform as well as these Terms;

(c) have the legal capacity to enter into this agreement, or if you are under 18 years of age, you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and

(d) agree to use the Platform in accordance with these Terms.

12. LIMITATIONS ON CLAIMS

12.1 We have no liability to the extent that a failure of the Content or your use or implementation of the Content or the associated Hypnotherapeutic Services is caused by any act or omission on your part.

12.2 We do not guarantee that you will experience any change, improvement or transformation in your life, work and/or business as a result of participating in the Hypnotherapeutic Services or use of our Platform.

12.3 Our liability for failure to comply with a consumer guarantee under the Australian Consumer Law is limited to repair, replacement or re-supply of the goods or services.

12.4 Subject to Clauses 12.1, 12.2, 12.3 and 12.4, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation. In all other respects, our total liability for loss or damage of every kind, whether arising pursuant to these Terms or in any other way out of or in relation to the supply of the services, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the services.

13. WARRANTY DISCLAIMER

To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms is hereby excluded. Further, the application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.

14. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, we own or licence all intellectual property rights, title and interest in our Platform, Content and Hypnotherapeutic Services. Your use and access of our Platform and any Content does not grant or transfer to you any rights, title or interest in relation to our Platform, Hypnotherapeutic Services or Content and you agree not to, without our prior written consent:

(a) copy or use, in whole or in part, any Content;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c) breach any intellectual property rights connected with our Platform, including (without limitation) by:

(1) altering or modifying any of the Content;

(2) causing any of the Content to be framed or embedded in another website or platform; or

(3) creating derivative works from the Content.

15. USER CONTENT

15.1 You may be permitted to post, upload, publish or submit relevant information and content, including reviews, on our Platform (User Content). By making User Content available to us, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, transmit, stream, broadcast, access, or otherwise exploit such User Content on, though, or by means of our Platform.

15.2 You agree that you are solely responsible for all User Content that you make available. You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and

(b) neither the User Content nor the posting, uploading, publication or submission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

15.3 We do not endorse and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

16. EXCLUSION OF COMPETITORS

In signing up for Hypnotherapeutic Services, you agree that you will not use our Platform or copy any Hypnotherapeutic Services in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, and hold you accountable for any profits that you may make from non-permitted use.

17. DISCONTINUANCE

We may, at any time and without notice to you, discontinue our Platform in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

18. WAIVER

Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

19. NO GUARANTEES

19.1 While every effort has been made to accurately represent our Hypnotherapeutic Services, there are no guarantees that you will achieve the results desired. Your level of success in completing the Hypnotherapeutic Services depends on your compliance with your obligations under these Terms, the time you commit and other external factors and we cannot guarantee your success or any particular outcome or transformation, including the matters set out in the Schedule to the Terms under the heading “No Guarantees”.

19.2 You enter into the Hypnotherapeutic Services and use our Platform and Content on this basis and agree to hold us harmless for failing to achieve any result desired or success in the Hypnotherapeutic Service.

20. DISCLAIMER

20.1 You acknowledge and agree to proceed with the Hypnotherapeutic Services on the following basis:

(a) where you are undergoing hypnotherapy and the integrative therapies and modalities which we are trained to provide, you acknowledge that this is done at your own risk and we are not liable for any grief, trauma, psychological or adverse health issues that you may experience as a result of our Hypnotherapeutic Services;

(b) any hypnotherapy, including the integrative therapies and modalities which we are trained to provide, performed during Hypnotherapy Sessions for you is based solely on the information you have provided to us. We are not liable and have no responsibility for any damage, injuries or any lack of outcomes which are a result of incorrect or inaccurate information provided by you to us, including where you have failed to provide us with information about your medical or psychological conditions;

(c) while we do our best to tailor our Hypnotherapy Sessions to your circumstances, you acknowledge that each individual’s circumstances are unique and hypnotherapy, including the integrative therapies and modalities which we are trained to provide, is not guaranteed to be equally effective on every individual. As such, we make no guarantee as to the likely outcomes or otherwise of participating in this or any other Hypnotherapeutic Services, courses, programs, memberships, subscriptions or Hypnotherapy we offer;

(d) where our Hypnotherapy, including the integrative therapies and modalities which we are trained to provide, is aimed towards assisting with fertility, you acknowledge and agree that your fertility is affected by many factors, including external, medical and physical factors, which are outside of our control (and yours) and we cannot guarantee that you will be able to become fertile or pregnant after our Hypnotherapy;

(e) the feelings and experiences each individual has in the hypnotic state may vary, and we make no representations as to what or how you will feel during Hypnotherapy Sessions or whether or not you will find it relaxing and beneficial;

(f) the use of hypnotherapy may elicit memories of events which may not be literally true (False Memories). False Memories may include distorted or misconstrued versions of real events. Without corroborating information, it is not possible for us to determine whether a specific memory is true or false, even if it appears true to you; and

(g) the information provided in our Hypnotherapeutic Services is based on our experience in our recognised field only. We do not have any formal medical or mental health qualifications. Where you experience any additional or renewed grief, trauma, symptoms, illness, pain, medical or mental health issues, we strongly recommend you seek advice from a medical or mental health professional.

20.2 You warrant that you have not relied on any testimonials published by us as a reliance to purchase the Hypnotherapeutic Service.

21. ENTIRE AGREEMENT

These Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.

22. VARIATION

We may modify these Terms from time to time by posting the amended Terms on our Platform. By continuing to participate in the Hypnotherapeutic Services after such modification, you agree to the amended terms. If you do not agree to the modifications, you must notify us immediately.

23. SEVERANCE

The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

24. GOVERNING LAW

The laws of Western Australia govern these Terms and in agreeing to the Terms, you agree to submit to and be bound by the exclusive jurisdiction of the courts and tribunals in that jurisdiction.