1. This Agreement sets out the terms and conditions on which Sonia Devine trading as Melbourne Hypnotherapy Clinic (ABN 31945124456) of 39 King Street, Bayswater, in the State of Victoria 3153 provides Hypnotherapy Services to you.
  2. Unless you or we enter into a separate agreement in relation to future Hypnotherapy Services, this Agreement also governs any other future Hypnotherapy Services. By engaging us to perform the Hypnotherapy Services, you agree to these terms and conditions.
  3. It is your responsibility to read and understand this Agreement. If you have any queries or concerns, please notify us immediately.
  4. When you engage us for the Hypnotherapy Services, you acknowledge and agree that these terms and conditions will apply.

    5. DEFINITIONS

  5. When you engage us for the Hypnotherapy Services, you acknowledge and agree that these terms and conditions will apply.
    1. Agreement means the terms and conditions set out in this document together with any other document that we may provide you with or ask you to sign in relation to the Hypnotherapy Services.
    2. Business Day means a day other than a Saturday, Sunday, bank holiday or public holiday on which registered banks are open for business in the State of Victoria, Australia.
    3. Clinic means our hypnotherapy clinic located at 39 King Street, Bayswater, VICTORIA, 3153.
    4. Confidential Information means all information about you and your health including but not limited to your medical history, street address, phone number, reasons for attending hypnotherapy sessions and the like.
    5. GST means the goods and services tax chargeable under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
    6. Hypnotherapy Services means the hypnotherapy treatment carried out by us and consisting of one or more hypnotherapy sessions.
    7. Intellectual Property means all rights to, and any interest in, any copyright, design, trade mark, trade name, confidential information, trade secrets and technical information as may exist anywhere in the world at any time (whether capable of protection by registration or not), including all applications for any such rights.
    8. Merchant Fees means the fee including international bank charges which we are charged to process secure Credit card, Debit card, Pin Payments, PayPal payments.
    9. Privacy Policy means the document setting out our privacy practices and procedures which is made available to you from time-to-time.

    PROVISION OF HYPNOTHERAPY SERVICES

  6. The Hypnotherapy Services are provided by Sonia Devine who holds a Certificate in Health – Clinical Hypnosis, a Diploma of Health – Clinical Hypnosis and a Certificate IV – Counselling and Conflict Resolution from the Academy of Hypnotic Science.
  7. In providing the Hypnotherapy Services, we will ensure that the Hypnotherapy Services are provided with reasonable skill, care and diligence and to the standards reasonably expected of hypnotherapists performing services of a similar nature.
  8. You do not need a referral from a health practitioner for Hypnotherapy Services.

    9. SUITABILITY

  9. Before scheduling a hypnotherapy session, we will conduct an initial assessment either in person, over the phone or email to determine whether you are a good candidate for Hypnotherapy Services. This includes establishing if there are any contra-indications to Hypnotherapy Services.
  10. Individuals with certain conditions such as psychosis, Schizophrenia and Bipolar Disorder, may not be suitable for Hypnotherapy Services and we reserve our right to refuse to provide Hypnotherapy Services to an individual for whatever reason.
  11. If you are using drugs, alcohol or are experiencing suicidal ideation, then Hypnotherapy Services are not suitable for you and we will not treat you.
  12. If there are any medical changes or changes in your health after the initial assessment, you must notify us as soon as reasonably practicable.
  13. If during the provision of the Hypnotherapy Services, we determine that you are not a good candidate for hypnotherapy treatment, then we reserve the right to refuse to treat you further. For example, if we are of the view that you are suicidal or homicidal or need medical intervention from a psychiatrist, then we reserve the right to refuse to treat you further.
  14. Our decision on an individual’s suitability, regardless of timing, is final.

    15. YOUR DUTIES

  15. A complete medical history will be taken from you at the start of the Hypnotherapy Services. You must provide us with correct and accurate medical history.
  16. By providing the medical history, you consent to us collecting and using the medical history for the provision of the Hypnotherapy services.
  17. Hypnotherapy sessions are conducted on a one-on-one basis, either in person or over Zoom. If the sessions are conducted in person at our Clinic, you cannot bring carers, children or pets along to the clinic.
  18. Where sessions are conducted over Zoom, we will send you an invite between 24 and 48 hours before the scheduled appointment. In this case, it is your responsibility to ensure you have the necessary hardware, software and a reliable network connection to enable you to access our Hypnotherapy Services. This includes a device that has a camera, microphone and speakers. It is your responsibility to manage and keep secure any links and passwords to an online meeting. All costs associated with setting up and accessing the necessary technology and internet connection is borne by you.
  19. Timing is of the essence, and we request punctuality for your appointment. If you are late for your appointment, then your session may be shortened due to bookings after your session. If you reasonably expect you may be late for your appointment, please let us know as soon as possible.
  20. In the course of providing the Hypnotherapy Services, we may provide you with a professionally recorded hypnosis MP3 to listen to between sessions. It is your responsibility to listen to the recordings as prescribed by us. Recordings should not be listened to whilst driving or operating heavy machinery.
  21. Likewise, we may prescribe some tasks to do at home between sessions. It is your responsibility to complete those tasks.
  22. If you have purchased a block of appointments, and no longer wish to attend the remaining appointments, you may either retain your unused sessions on account or transfer them to a third party with our prior written permission.
  23. You agree to treat us and our staff with respect and integrity.
  24. If you are abusive towards us and/or staff, make us feel endangered, act aggressively or are under the influence of drugs or alcohol, then we reserve the right to refuse treatment to you and our Hypnotherapy Services will be immediately terminated. In such circumstances, you will still be liable to pay us for the Hypnotherapy Services and no refunds will be available.

    25. ADVERSE REACTIONS

  25. Hypnotherapy is generally considered as a safe, complementary and alternative medical treatment. On rare occasions, you may face some adverse reactions such as headache, drowsiness or dizziness.
  26. If the adverse reactions do not fade away within 24 hours, then please consult your treating medical professional as soon as possible.
  27. You acknowledge that you are engaging us for Hypnotherapy Services at your own risk and to the fullest extent permissible under the law, we will not be responsible for any reactions suffered by you.
  28. If you have any questions about hypnotherapy, then please feel free to ask us before proceeding with the Hypnotherapy Services. Alternatively, you can seek the advice of your treating medical professional.

    29. NUMBER OF SESSIONS

  29. Each hypnotherapy session lasts for around 50 minutes.
  30. Depending upon the issues you are experiencing, you may require a minimum number of sessions. You agree to commit to those minimum number of sessions. For example, if you are facing issues with weight loss, you may need to commit to a minimum of three (3) sessions.

    31. FEEDBACK AND FOLLOW-UP

  31. We encourage our clients to share their feedback on Hypnotherapy Services with us and let us know how we can do better. If you would like to share your feedback with us, then please feel free to email us. However, please use courteous and polite language when sharing your feedback.
  32. If you have follow-up questions for us after the session, please feel free to email us or call us. If you have emailed us or left a voicemail for us, then we will endeavour to respond back to you within 48 hours.

    33. DISCLAIMER

  33. You agree and acknowledge that Hypnotherapy Services are provided on an “AS IS” basis and we do not guarantee, warrant or represent any resolution of presenting issues or any particular outcomes, results or benefits.
  34. Any testimonials that you read about us and our Hypnotherapy Services are anecdotal experiences of those individuals and do not form any guarantee, warranty or representation. Your reliance on those testimonials is at your own risk.
  35. While we do set goals during our sessions, we do not guarantee, either explicitly or impliedly, that the goals will be met.
  36. Hypnotherapy results vary from individual to individual depending on age, gender, physical condition and previous treatments. Under no circumstances, we will be held liable for not meeting the goals set during the sessions.
  37. Any information communicated in or in connection with our Hypnotherapy Services, including in your session, on our website or in this Agreement, does not constitute medical advice. If you have any doubts or concerns about your health, please seek advice from your medical doctor.
  38. If your session is conducted via Zoom, you agree and acknowledge that, due to connectivity issues, there may be delays, lags or less than optimal video or audio quality in your session. You agree that we are not responsible for such technological issues.

    39. CASE STUDIES

  39. Occasionally, we may use your issues and treatment provided as a case study on our website, in academic journals and in our marketing materials and advertisements generally.
  40. We agree not to use your full name or photograph in our case studies unless authorised by you in writing. We will only use your first name if you have explicitly expressed permission when using you as a case study. At all other times, we will change your first name.
  41. You agree for us to use you as a case study and acknowledge that you are not entitled to any compensation if we use you as a case study.
  42. In the event, you do not agree for us to use you as a case study then please notify us in writing before the Hypnotherapy Services.

    43. INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT

  43. All Intellectual Property in materials created or provided by us in the course of this Agreement or providing Hypnotherapy Services including but not limited to MP3 recordings, images and documents will vest absolutely and automatically on creation, and remain thereafter, in us. We retain the absolute discretion of adding a watermark to the materials to assert our ownership.
  44. We will grant to you a royalty-free, revocable, non-shareable, non-sublicensable, non-exclusive licence to use all Intellectual Property in the materials for personal use only. You and any related third parties cannot modify or alter the materials.
  45. The royalty-free non-exclusive licence provided in clause 44 by us to you:
    1. is solely for your own personal use;
    2. cannot be sub-licenced to a third party, resold, distributed or exploited commercially; and
    3. is limited to the particular purpose for which the materials were originally provided to you.
  46. If you have written a testimonial for us, then you will own Intellectual Property in it. However, you agree to grant us an irrevocable, royalty-free, sublicensable, exclusive and perpetual licence in that testimonial and you agree for us to use it in our advertising and marketing efforts without any compensation to you. You also agree for us to use your name when we use the testimonial in the public domain.

    47. PRIVACY POLICY

  47. We will handle all your personal and sensitive information in accordance with our Privacy Policy.

    48. CONFIDENTIALITY

  48. We agree to keep (and ensure, to the best of your ability, that your employees, independent contractors, agents and any other persons acting or working on your behalf (such as volunteers) or any other third parties who may come in contact with material belonging to us, keep) the Confidential Information strictly confidential.
  49. We will:
    1. only access and use the Confidential Information for the purpose of us providing the Hypnotherapy Services;
    2. take all reasonable steps to maintain the strict confidentiality of the Confidential Information;
    3. ensure that proper and secure storage is provided for Confidential Information while in our possession or under our control;
    4. take all precautions necessary to prevent disclosure of Confidential Information;
    5. not use or attempt to use the Confidential Information in any manner which may injure or cause loss, either directly or indirectly, to you, or which may be likely to do so;
    6. take reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of Confidential Information; and
    7. We will delete the Confidential Information once it is no longer required.
  50. We will delete the Confidential Information once it is no longer required.

    51. PAYMENT

  51. You can book single hypnotherapy sessions or a package of three (3) to six (6) hypnotherapy sessions with us.
  52. To secure a booking, you must pay us a booking fee of $50.00 per session in advance. This fee will be deducted from the final amount that is payable to us.
  53. In consideration of us providing the Hypnotherapy Services, you must promptly pay our fees at the end of each session. If you have opted for a package of three (3) to six (6) appointments, then you must pay for all the sessions at the first appointment.
  54. You can pay our fees via cash or card. Card payments attract a 1.5% transaction fee, and you are responsible for this fee.
  55. You must pay an additional amount to us that is equal to any GST payable on any supply that is made under this Agreement. You are also responsible for paying any other tariffs, withholding tax, or other tax or levy associated with its receipt of the Services.
  56. All payments to be made to us must be made in the full, free of any deductions or withholdings, and without you exercising any right of set-off. If there is a mandatory withholding, any Merchant Fees or deduction imposed by operation of law, you must increase the amount of the payment so that we receive as the net amount the amount shown in each invoice. Any such grossing up of the payment will not count as part of the Fees.
  57. Upon the payment of the fee, we will issue a tax receipt for your records.

    58. LIMITATION OF LIABILITY

  58. To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, our aggregate liability (that is, limit of liability as insurance) under or in connection with this Agreement, howsoever arising (including by reason of tort, negligence, breach of contract or otherwise), shall not exceed the sum of all fees paid to us in respect of the relevant Hypnotherapy Services giving rise to the liability.

    59. INSURANCE

  59. We warrant that we hold professional liability and public indemnity insurances in respect of our Hypnotherapy Services.

    60. DISPUTE RESOLUTION

  60. You agree that if you are unsatisfied with our Hypnotherapy Services or have any complaints, you will let us know and that you will provide as much detail as possible. We will use our reasonable endeavours to address any complaint you may have as soon as practicable and in any event within 10 days. You agree to follow this procedure before resorting to any legal proceedings or dispute resolution activities, save that nothing in this clause prevents either party from seeking urgent injunctive relief.
  61. If any dispute arises out of or in connection with this Agreement, either party may submit that dispute to mediation in accordance with the mediation rules of the Law Society of Victoria or the Australian Commercial Disputes Centre.
  62. If a dispute arises in relation to this agreement, each party must keep confidential:
    1. all information or documents disclosed in the course of resolving the dispute before the appointment of the mediator;
    2. all information or documents disclosed in the course of the mediation;
    3. all information and documents relating to the existence, conduct, status or outcomes of the mediation; and
    4. all information and documents relating to the terms of any mediation settlement agreement.
  63. Each party will bear its own legal and associated costs in relation to the mediation.
  64. In the event of a dispute, each party agrees not to disparage or defame the other party either in writing or orally.

    65. CANCELLATION AND RESCHEDULING POLICY

  65. If you would like to cancel or reschedule your appointment, then you must notify us via email or over the phone at least 24 hours before the appointment. If you fail to inform us within 24 hours, then you will be liable to pay us a cancellation fee.
  66. In the event you cancel, reschedule within less than 24 hours or fail to attend your weekday appointment, then the booking fee of $50.00 will be forfeited.
  67. In the event you cancel, reschedule or fail to atttend your Saturday morning appointment, then the booking fee of $50.00 will be forfeited.
  68. In the event you fail to turn up for an appointment, then you will be liable to pay us a cancellation fee.
  69. In the event, you have purchased a package of three (3) or six (6) appointments from us and you wish to cancel the remaining sessions, then no refunds are provided. You can, however, retain your unused sessions on account or transfer them to a third party with our prior written permission.

    70. TERMINATION

  70. This Agreement will automatically terminate upon the conclusion of the Hypnotherapy Services pending any unpaid fees.
  71. If you are abusive towards us and/or staff, make us feel endangered, act aggressively or are under the influence of drugs or alcohol, then we reserve the right to refuse treatment to you and this Agreement will be immediately terminated. In such circumstances, you will still be liable to pay us for the Hypnotherapy Services.

    72. GENERAL

  72. Each party warrants to the other that it has the power and authority to enter into this Agreement and the obligations contemplated by it.
  73. This Agreement supersedes all previous agreements in respect of its subject matter and embodies the entire agreement between the parties in respect of its subject matter.
  74. Any notice or document required to be given under this Agreement must be in writing and may be given by hand, post, email or facsimile as shown in the relevant party’s contact details, shown set out in the Schedule or otherwise notified by one party to the other.
  75. Any modification to or variation of this Agreement must be in writing.
  76. If any provision of this Agreement is held to be invalid, illegal or unenforceable, it will be severed, and the remainder of the Agreement will remain in full force and effect.
  77. This Agreement shall be construed in accordance with and governed by the laws in force in the State of Victoria, Australia and each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia.