These terms are applicable to all online Membership services

Membership Terms

You agree to be bound by these terms and conditions

These terms and conditions (Terms) are the contract between you as the online Membership member (you or your) and Linda Ruiter-Dawson trading as Linda Robyn Hypnotherapy ABN 16508313615 (us, our or we).

By visiting or using the Membership platform at www.lindarobyn.com (Site), you agree to be bound by the Terms. Please read this agreement carefully and save it. If you do not agree to be bound by the Terms, you should leave the Site immediately.

1. DEFINITIONS

In this agreement, the following words have the following meanings:

1.1 Library means the Library of pre-recorded self-paced audios for self-hypnosis and other resources available on the Site. This may include a variety of categories related to general wellbeing including a range of specific wellness goals/interests, however will not include any categories that we deem inappropriate for this Membership, such as categories including, though not limited to, individual or independent trauma processing.

1.2 Content means the written, video or sound content that is available for you on the Site, including the Library of pre-recorded self-paced audios for self-hypnosis and other resources, including but not limited to, webinars, guides, challenges, hand-outs, etc.

1.3 Membership means your Membership to our Services under these Terms. It includes the Membership service we provide as set out on our Site and in this contract.

1.4 Privacy Policy means our privacy policy at https://lindarobyn.com/privacy.

1.5 Post means Content and any other material on our Site and includes the phrases Posted and Posting in these Terms.

1.6 Services means all of the services or benefits available with your Membership on the Site, whether free or paid.

1.7 Site means the Membership platform at www.lindarobyn.com
and any other app or service designed for access by mobile phones or fixed devices and includes all web pages controlled by us. For clarity, the Site is currently hosted by FG Funnels (Membership Site) as at the date of these Terms. In agreeing to these Terms you also agree to be bound by any Terms required by the Membership Site or any other third party hosting website we use from time to time.

2. OUR CONTRACT

2.1 These terms and conditions regulate our business relationship with you. By electing to join our Membership Services or use our Site free of charge, you agree to be bound by them. The contract between us comes into existence when you agree to these Terms.

2.2 In entering into this contract you acknowledge and agree that you have not relied on any representation or information from any source except the definition and explanation of the Services given on our Site.

2.3 Subject to these Terms, we agree to provide to you some or all of the Services described on our Site at the prices we charge from time to time.

2.4 If we give you free access to a Service or feature on our Site which is normally a paid Membership only feature, and that Service or feature is usually subject to additional contractual terms, you agree that you will abide by those additional terms in order to gain access to that feature.

3. YOUR ACCOUNT AND PERSONAL INFORMATION

3.1 When you visit our Site, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure.

3.2 You agree to inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

3.3 You agree that you have provided accurate, up to date, and complete information about yourself to us. We are not responsible for any error made as a result of such information being inaccurate.

3.4 You agree to notify us of any changes in your information, such as updated credit card details or other critical personal information immediately once a change occurs. If you do not do so, we may terminate your account at our discretion.

4. MEMBERSHIP & ACCESS TO LIBRARY

4.1 Details of the cost and benefits of Membership are as set out on our Site. You may subscribe to Membership Services at any time on the basis we offer it to you at the time you elect to subscribe.

4.2 You acknowledge that the Membership and the contents of the Library provided may not be appropriate for individuals with a mental or physical health condition, including (but not limited to) bipolar, dissociative identity disorder and epilepsy. By agreeing to these Terms, you warrant that:

4.2.1 you have not been diagnosed with any mental or physical health condition or are not currently receiving any care or treatment from any medical, healthcare or mental health practitioner for a mental or physical health issue (Health Issue); or

4.2.2 if you have been diagnosed or are receiving treatment for a Health Issue, you have received clearance from a medical professional prior to commencing the Membership.

4.3 We are not liable for and you indemnify us in relation to any loss, damage, injury or death which occurs due to a breach of your warranty at Clause 4.2.

4.4 The Library is provided in good faith and is designed to promote skills, attitudes and beliefs that will improve aspects of general wellbeing and introduce individuals to the benefits of hypno-therapeutic tools, including the integrative therapies and modalities which we are trained to provide. By agreeing to these Terms and accessing the Library, you acknowledge that the Library:

4.4.1 is provided in relation to general and non-specific topics and themes. Self-hypnosis recordings do not factor in your specific circumstances and are not tailored to your specific goals or intentions for hypnotherapy, or the integrative therapies and modalities which we are trained to provide. For the latter, we recommend you try 1:1 hypnotherapeutic services;

4.4.2 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.

4.5 You do not have to take any action for these Terms to apply other than electing to be bound by the Membership. By accepting these Terms, you instruct us to give you immediate access to the Membership Services and you know that by doing so, you may not be entitled to a refund of any Membership fees paid to us.

4.6 These Terms shall operate for the period for which you have subscribed to Membership Service and will be on-going until such time as you terminate your Membership.

4.7 You may not transfer your Membership to any other person.

4.8 Our promotion of the Library is only an invitation to treat and does not of itself constitute an offer to sell or guarantee the availability of the Library.

4.9 We reserve the right to modify the Membership rules or system and to change the Terms of this contract at any time, without notice. If, after such modifications, you continue to use your Membership, we will deem this as your acceptance of the modified Terms.

5. PRICE & PAYMENT TERMS

5.1 The price payable for the Membership is set out on our Site (Membership Fee). Payment must be made through the payment options set out on our Site.

5.2 Any payments made through a third party payment processor may be subject to additional terms and conditions and you also agree to be bound by these terms.

5.3 We reserve the right to update our Membership Fee from time to time at our discretion.

5.4 The Membership Fee will be in Australian Dollars, if you are located in another country, you may be charged international conversion rates and be subject to an exchange rate. You will be required to pay any additional fees in this regard.

5.5 Prices are inclusive of any goods and services tax or other sales tax (where it is applicable).

5.6 You will pay all sums due to us under these Terms and your Membership Fee by the means specified without any set-off, deduction or counterclaim.

6. RENEWAL PAYMENTS & CANCELLATION

6.1 Your Membership and licence to use the Membership Services will renew automatically each month or annum. At the monthly or annual renewal we will automatically take payment from your credit card or other specified method of payment of the sum specified on our Site as the then monthly or annual Membership Fee.

6.2 Membership is ongoing until such time as you actively cancel your Membership in accordance with these Terms.

6.3 You can cancel your Membership at any time by following the instructions set out on the Site or otherwise emailing a cancellation notice to our nominated email address.

6.4 Cancellation will take effect the following month after notice is received.

6.5 To the maximum extent permitted by law, any Membership Fees that have already been paid when your cancellation notice is given are non-refundable.

6.6 On cancellation or termination of your Membership, you acknowledge and agree that:

6.6.1 all rights and obligations you have under these Terms cease immediately; and

6.6.2 we are under no obligation to forward any unread or unsent messages to you or any third party.

6.7 There shall be no refund or credit if the Membership Services are terminated due to your breach of these Terms.

6.8 We reserve the right to terminate your Membership or any and all parts of the Library at any time for any reason including, without limitation, where the Library is not available, there is an interference or disruption with the Site or you are in breach of these Terms. You acknowledge that to the extent permitted by law; we will have no liability to you arising from our cancellation or termination of your Membership.

7. RESTRICTIONS ON YOUR USE OF THE SITE

7.1 You must only use our Site as permitted under these Terms.

1.2 You agree that you will not use our Site in any way that (including Posting any Content):

7.2.1 is malicious, defamatory, offensive, threatening, violent, sexually explicit, pornographic or otherwise unlawful or violates any law;

7.2.2 may be seen to be soliciting passwords or personal information from anyone;

7.2.3 infringes the intellectual property rights of any party, including hiding, defacing, altering or deleting any copyright, trade mark or proprietary rights notice;

7.2.4 is inaccurate, false or misleading;

7.2.5 is for a commercial purposes; or

7.2.6 will otherwise breach these Terms or our Privacy Policy.

7.3 We may, at our discretion, read, assess, review or moderate any Content Posted on our Site, with no notice to you.

7.4 We reserve the right to immediately terminate your Membership or to remove a Post you make that does not comply with these Terms.

8. HOW WE HANDLE YOUR CONTENT

8.1 All personal information will be handled in accordance with our Privacy Policy.

8.2 We require the freedom to be able to publicise our Services and your use of them. Accordingly, you irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on our Site, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.

8.3 We will use that licence only for commercial purposes of the business of our Site and will stop using it after a commercially reasonable period of time.

8.4 You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.

8.5 Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

8.6 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.

8.7 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

8.8 Please notify us immediately of any security breach or unauthorised use of your account.

9. REMOVAL OF OFFENSIVE CONTENT

9.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on our Site for any purpose.

9.2 We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

9.3 If you are offended by any Content, you must submit a complaint to us and we will investigate in accordance with internal processes. The subject of the complaint may then be removed or may remain as determined at our sole discretion.

9.4 In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

9.5 If any complaint made by you is either frivolous or vexatious, you agree that you will repay us the cost of our investigation including legal fees, if any.

10. SECURITY OF OUR SITE

10.1 You agree that you will not, and will not allow any other person to:

10.1.1 hack into, tamper with, hinder, change, modify, knowingly transmit a virus or otherwise cause damage to any portion of our Library, Site or any software used within it to the Site;

10.1.2 download any part of our Site, without our express written consent;

10.1.3 collect or use any product listings, descriptions, prices, or any information obtained from or about our Site or the Content except as intended by these Terms;

10.1.4 share with a third party any login credentials to our Site; or

10.1.5 knowingly use the Site with an incompatible or unauthorised device.

10.2 You acknowledge that the transmission of data over the internet is not always secure. Although we endeavour to secure the Site, you access the Site at your own risk and we accept no responsibility for any interference, loss (including loss of data), damage or disruption to your computer, mobile or other device which arises in connection with your use of the Site.

10.3 It is your responsibility to:

10.3.1 Implement sufficient procedures and virus checks to satisfy your requirements for accuracy of data input and output; and

10.3.2 Ensure whatever you select for your use in the Site is free of viruses or anything else that may interfere with or damage the operations of your computer or device.

10.4 We do not warrant that functions available on the Site will be uninterrupted or error-free, free of viruses, programming bugs or interferences.

11. DISCLAIMERS

11.1 The law differs from one country to another. This paragraph applies so far as the applicable law allows.

11.2 All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

11.3 The Site and our Membership and Services are provided “as is”. We make no representation or warranty that the Site, Membership or Services will be:

11.3.1 useful to you;

11.3.2 of satisfactory quality;

11.3.3 fit for a particular purpose, including improving your mental health and overall wellbeing; or

11.3.4 available or accessible, without interruption, or without error;

11.4 Our Site may contain links to other third party Internet websites (Third Party Sites). We do not have power or control over any Third Party Sites and you acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.

11.5 We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our Site or receive directly from a third party as a result of an introduction via our Site. You must make your own enquiries regarding your individual circumstances before applying any information or otherwise obtained from our Site and we disclaim all responsibility in this regard.

12. INTELLECTUAL PROPERTY RIGHTS

12.1 Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property) in the Content on the Site (including the Library) and delivered via our Services. Your Membership does not grant or transfer to you any rights, title or interest in relation to our Site or the Content.

12.2 You must not, without our prior written consent or the consent of the owner of the Content (where we do not own the Content) as applicable:

12.2.1 copy or use, in whole or in part, any Content;

12.2.2 adapt, reproduce, retransmit, distribute, reverse engineer, disseminate, sell, publish, store, perform, publish, broadcast or circulate any Content or any part of the Site;

12.2.3 commercialise any information, Content or Services obtained from any part of the Site without our prior written consent; and

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

(a) altering or modifying any of the Content;

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

13. LIMITATION OF LIABILITY

13.1 Our total liability to you, for any one event or series of related events, and whether in contract, tort, negligence, breach of statutory duty or otherwise, shall be limited to the amount of your monthly Membership fee.

13.2 We are not liable in any circumstances for special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our Site.

13.3 This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.

14. INDEMNITY

You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:

14.1 any act, neglect or default of yours in connection with this agreement or your use of the Services;

14.2 your breach of this agreement;

14.3 your failure to comply with any law; and

14.4 a contractual claim arising from your use of the Services.

15. MISCELLANEOUS MATTERS

15.1 Severance: If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

15.2 Successors: The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

15.3 Survival: Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

15.4 No failure: No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

15.5 Notices: Any communication to be served on either of the parties by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail. It shall be deemed to have been delivered:

15.5.1 if delivered by hand: on the day of delivery;

15.5.2 if sent by post to the correct address: within 72 hours of posting; or

15.5.3 if sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if the sender has received no notice of non-receipt.

15.6 Dispute: In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

15.7 Third Party Rights: So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.

15.8 Force Majeure: Neither party shall be liable for any failure or delay in performance of this agreement that is caused by circumstances beyond its reasonable control.

15.9 Entire Agreement: These Terms contain the entire agreement between you and us in respect of its subject matter and supersedes any prior agreements or understandings between us.

15.10 Governing Law: The Governing Law of Western Australia governs these Terms and any dispute under them.