HYPNOBIRTHING AUSTRALIA
TERMS AND CONDITIONS
Hypnobirthing Australia™ is a trade name for a copyrighted childbirth education program. The use of the name Hypnobirthing Australia™, all Hypnobirthing Australia™ materials and the information contained in them is intended for individual, personal use only and may not be used, sold, reproduced, distributed, or in any way disseminated by persons not affiliated with Hypnobirthing Australia.
The Hypnobirthing Australia™ program (including face-to-face classes, online Hypnobubs™® course, products and resources) are designed to teach individuals to use their own natural abilities to bring their mind and their body into a state of relaxation. The content of classes is in no way intended to be represented as medical advice or as a prescription for medical procedure. Individuals should seek the advice of a health-care provider to answer any health-related or pregnancy-related issues surrounding their pregnancy, labour, or birth.
By accepting these Terms of Use, you acknowledge and agree that you will in no way hold the instructor of the hypnobirthing classes, hypnobubs™®, Hypnobirthing Australia™, its owner/s, or its representative/s responsible for any special circumstances that could arise as a result of your pregnancy, labour, or the birth of your child; and agree that neither yourself nor any member of your family will make any claim or initiate any suit against any of the above-named parties now or at any time in the future.
You also agree not to take photos/video during the course, without obtaining express consent from relevant parties.
1. User’s Acknowledgment and Acceptance of Terms
Hypnobirthing Australia™ (“Us” or “We”) provides the Hypnobirthing Australia™ site and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
These Terms of Use are effective as of 4 September 2024. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarise yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
2. Description of Services
We make various services available on this site including, but not limited to, Hypnobirthing Australia™ childbirth classes and related services and products, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue the site, including any of the site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.
3. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information – that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third-party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, subscription, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
4. Third-Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
5. Intellectual Property Information
Copyright (c) 2024 Hypnobirthing Australia™ All Rights Reserved.
For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes message boards, chat, and other original content.
All content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Hypnobirthing Australia™ and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
The following are registered trademarks, trademarks or service marks of Hypnobirthing Australia™ or its Affiliates. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Hypnobirthing Australia™ or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Hypnobirthing Australia™ or its Affiliates.
6. Unauthorized Use of Materials
Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
- Provide information reasonably sufficient to permit us to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the paper.
- Send the written communication to the following address:
Designated Agent for Claimed Infringement: Hypnobirthing Australia
Address: 1606 Gold Coast Highway, Burleigh Heads, QLD, 4220
Email: info@hypnobirthingaustralia.com.au
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party.
7. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Hypnobirthing spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
8. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
10. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
11. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
12. E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We may collect information about you when you use our services or purchase our goods, register for a Hypnobirthing Australia™ course or class, register to receive our newsletters or other communications, register to be part of one of our programs, fill out medical or other forms, visit our website and login to your Member account, complete one of our surveys or otherwise interact with us. You have the ability to unsubscribe from correspondence at any time.
We may use your personal information for the following purposes –
- To provide our goods and services, including verifying your identify; contacting you about your orders and bookings; processing payments; training our staff and testing our systems;
- To distribute our newsletters and other communications either ourselves or with the assistance of a third party services provider;
- To provide and operate our competitions, promotions and events;
- For customer support, including responding to enquiries or customer service requests;
- To conduct marketing activities for our products and services, or products and services of third parties;
- To conduct market and other research and analysis to improve our products, services and marketing activities, including contacting you for feedback about your experience with us; and
- To maintain records and comply with our legal obligations.
13. Blog, Comment & Forum Terms of Use
Hypnobirthing Australia™ (“We” or “Us” or “Our”) offers the use of its blogging, comments and forum services (along with the content posted thereon, the “Services”) subject to the terms and conditions of use (the “Terms”) contained herein. All references herein to “We,” “Us,” or “Our” are intended to include Hypnobirthing Australia™ and any other affiliated companies. By accessing, creating or contributing to any blogs or messages hosted by us (the “Blog”), and in consideration for the Services we provide to you, you agree to abide by these Terms. Please read them carefully before posting to or creating any Blog. We reserve the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms for changes. Your continued use of the Services constitutes your acceptance of all such Terms. If you do not agree with these Terms, please do not use the Services.
- Disclaimer of Company Responsibility for Blog Content
You understand that all content posted to the Blog (the “Content”) is the sole responsibility of the individual who originally posted the content. You understand, also, that all opinions expressed by users of this site are expressed strictly in their individual capacities, and not as Our representatives or any of Our sponsors or partners. The opinions that you or others post in the Blog do not necessarily reflect Our opinions.
- Posting
(a) By posting your Content using the Services, you are granting an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your Content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed. You further warrant that all so-called moral rights in the content have been waived.
(b) By posting content to the Blog, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including personal financial information, information covered by a nondisclosure agreement, and information that you are not authorized to disclose. We caution you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc.
(c) You agree to indemnify and hold Us and Our affiliated companies, and their directors, officers and employees, harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of the Blog, any content you supply to the Blog, or your violation of these Terms or the rights of another.
- Accessing
(a) You agree that We will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You agree not to collect information about others, including e-mail addresses, or to use information obtained from the Services to send other users unsolicited e-mail of any kind.
(b) The Blog is provided for informational purposes only; we shall not be responsible or liable for the accuracy or availability of any information appearing or available on the Blog.
(c) Blog postings may provide links to other websites on the Internet. We are not responsible or liable for such content and we make no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such postings. We are not responsible or liable for any advertising, products, or other materials on or available from such websites or resources. The inclusion of links does not imply endorsement of the Websites by Us or any association with their operators.
(d) We may enable you to establish an account with a username and password to access and use the Services. If so, you are responsible for maintaining the strict confidentiality of your password, and you are responsible for any activity occurring through use of your account and password. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.
- Children
Collecting personal information from children under the age of 18 (“minor children”) through the Services or the Blog is prohibited. No Content should be directed toward minor children. Minor children are not eligible to use the site, and we ask that they do not submit any personal information to us.
- Privacy Policy
See Website Privacy Policy
- Termination of Access/Removal of Content
We shall have the right in Our sole discretion to terminate your access to and use of the Services and/or remove any of your Content should We consider your statements or conduct to be inaccurate, illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, injurious, objectionable, or otherwise in violation of these Terms or applicable law.
- Privacy Complaints and Further Information
If you have a concern about your privacy or you have any query on how your personal information is collected or used please contact us using the details below. We will respond to your query or complaint within a reasonable time.
If you are not satisfied with our response, you may also contact the Office of the Australian Information Commissioner.
Our Contact Details
Hypnobirthing Australia
1606 Gold Coast Highway
Burleigh Heads QLD 4220
We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
14. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside Australia, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
15. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
16. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within Australia.
These Terms and Conditions, the agreement between you and Hypnobirthing Australia™ (which is governed by these Terms and Conditions) and the Product are governed by and construed in accordance with the laws of Queensland, Australia.
Any legal proceedings concerning these Terms and Conditions, the agreement between you and Hypnobirthing Australia™ (which is governed by these Terms and Conditions) and the Product may be conducted in the courts of Queensland, Australia.
17. Notices
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at info@hypnobirthingaustralia.com.au, if by email, or at Hypnobirthing Australia 1606 Gold Coast Highway, Burleigh Heads, QLD 4220 Australia via conventional mail. We may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
18. Shipping and Delivery Policy
See Shipping & Delivery Policy
19. Payment Processing (Security Policy)
You agree to pay Hypnobirthing Australia™ for each Product that you purchase or use in accordance with the pricing and payment terms presented to you for that Product.
When purchasing from Hypnobirthing Australia™, card details are transmitted through a secure server using eWAY payment gateway utilising our Westpac Internet Merchant Facility (IMF). Card details are hosted by eWAY after processing to ensure PCI DSS compliance and all card data in encrypted using SSL to ensure your credit card information can be safely transmitted to our payment gateway.
The processing of payments will be subject to the terms, conditions and privacy policies of the eWay payment processor, in addition to this Agreement. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
Unless otherwise indicated, all fees and other charges are in Australian dollars, and all payments shall be in AUD currency. In no event will Hypnobirthing Australia™ credit, refund, or reimburse you for a foreign exchange fee charged by your credit card or for any difference in fees due to currency conversion.
Hypnobirthing Australia is the registered business name of Hypnobubs Pty Ltd
1606 Gold Coast Highway, Burleigh Heads, QLD, 4220, Australia ABN: 84916814735 Ph: +61 7 5562 2292
20. Access to Resources
Hypnobirthing Australia™ uses the Kajabi online membership platform (a 3rd-party provider) to host resources which are then made available to our members. Upon successful completion of your order, we create a membership account for you on Kajabi which enables you to access and download your digital resources and view the content for a limited time only.
Please note the following access expiry periods apply to our products:
Hypnobirthing Australia Classes (Online Resources)
Available to ‘Positive Birth Program’, ‘Positive Birth Indigenous Program’ and ‘Positive Caesarean Birth Program’ course attendees only.
Access to our online membership portal is limited to 24 months. You can save all of the PDFs, eBooks and MP3s to your computer for future access beyond the 24-month access period, however, please note that there isn’t a way to save the videos.
Hypnobirthing Online Courses
Hypnobubs® ‘Positive Birth Program’ and ‘Positive Caesarean Birth’ Online Course access is for 24 months following enrolment.
Hypnobubs® ‘Change of Circumstances Caesarean Online Course’ access is for 12 months following enrolment.
You can save all of the PDFs, eBooks and MP3s to your computer for future access, however, please note that there isn’t a way to save the videos. We update our courses and resources regularly and provide online support which is why access is limited.
MP3 Albums, eBooks (including Product Bundles)
MP3 Albums and eBooks purchased from our website are available for download for a period of 12 months from the date of purchase.
Acupressure for Labour & Birth
Dr Kate Levett’s ‘Acupressure for Labour & Birth’ course is available for viewing to all enrolled students for a period of 12 months from the date of purchase.
Please ensure you download your resources, MP3 tracks, eBooks prior to expiry otherwise you will need to re-purchase. Sorry, no exceptions as we need to factor in the hosting, membership and administration costs involved.
21. Refunds/ Returns Policy
Requests for refunds must be submitted within 30 days of purchase via email to info@hypnobirthingaustralia.com.au or, by post to
Hypnobirthing Australia
1606 Gold Coast Highway, Burleigh Heads, QLD, 4220, AUSTRALIA
Hypnobirthing Online Courses
Requests for refunds will be considered if the request is received within 30 days of purchase and only in circumstances where less than 10% of the content has been accessed, viewed or downloaded. After that, all payments are nonrefundable and no refunds or credits for partially completed courses.
Hypnobirthing Australia™ reserves the right to refuse refunds for educational products and may charge a cancellation fee if the request for a refund is approved.
Your refund will be processed in the original form of payment within 10 business days in accordance with our Returns Policy.
You will be notified via email to the address listed on your account when this transaction has taken place. Please note that your banking institution may require additional days to process and post this transaction to your account once they have received the information from Hypnobirthing Australia™.
Hypnobubs Hypnobirthing Online Course – Private Sessions
Requests for refunds will be considered if the request is received within 30 days of purchase and only if the private session has not been completed. Hypnobirthing Australia™ reserves the right to refuse refunds and may charge a cancellation fee if the request for a refund is approved.
The organiser reserves the right to make alternative private session arrangements should the need arise.
Should your scheduled private session be cancelled by Hypnobirthing Australia™, a full refund is applicable.
Hypnobirthing Australia Classes with Melissa Spilsted (Face-to-Face Classes)
A $150 non-refundable deposit is required to secure your booking – final payment is due 7 days prior to the course start date.
The entire course fee is due 7 days prior to the course start date. In cases where the enrollee withdraws, they are entitled to a refund (less the non-refundable deposit) up to the course start date or they may change to a later course date. All changes must be made in writing to Hypnobirthing Australia 1606 Gold Coast Highway, Burleigh Heads, QLD, 4220 or by email to info@hypnobirthingaustralia.com.au.
In the unlikely event that classes are cancelled by Melissa Spilsted, a full refund is applicable.
* Melissa Spilsted runs the classes personally; however in the case of her being unable to take the class due to extenuating circumstances, a qualified and experienced Hypnobirthing Australia™ Practitioner will take the class in her absence.
Practitioner Membership & Certification Fees
Hypnobirthing Australia™ Certified Practitioners are required to renew their certification and membership annually which includes paying an annual membership renewal fee of $495 and competing renewal requirements (code of conduct, valid First Aid Certificate (unless holding current medical qualifications), insurance and continuing professional development (10 hours of CPD relevant to birth/hypnotherapy/content of the course) to maintain certification to teach the program, maintain their directory listing on the Hypnobirthing Australia™ website and retain access to teaching resources.
Hypnobirthing Australia™ does not refund practitioner membership or certification payments.
Membership and certification with Hypnobirthing Australia™ are conferred upon individuals, not organizations, and as such, they non-transferable.
Practitioner Training & Certification (Cancellation Policy)
The course deposit and self-study modules (once dispatched) are non-refundable.
Refunds for the residual amount of the course will be granted up to 30 days prior to the start date of the workshop or the enrollee may choose to assign the tuition fee to a future course with the same instructor, forfeiting right to refunds at the selected future course. No refunds or transfers will be granted following that date.
Should the event be cancelled by Hypnobirthing Australia, a full refund is applicable, less any materials/self-study modules already received by the delegate. The event organiser reserves the right to make alternative venue arrangements should the need arise, which may include running the course via live online webinar series course format.
22.Replacement/ Exchanges
eBooks and other digital products cannot be returned or exchanged after purchase unless faulty.
Goods that are packaged with an eBook or other digital product, or an access code, cannot be returned or exchanged if the ebook/digital product/access code has been opened or accessed unless faulty.
We are more than happy to exchange for another item, subject to availability should your item be proven to be faulty if the request is received within 30 days of purchase and the product has not been viewed or completed. Exchanges can take up to 10 business days to process.
We will accept up to one exchange per order.
23. Exchange for an item of a different value
Any difference due will be charged or refunded to the card or bank account used to pay for the original order. Should we need to charge an additional amount, we will contact you to arrange additional payment to enable processing of your order.
We reserve the right to reject the returns of goods that are not returned in accordance with our Returns Policy.
24. Contact Details
Except as explicitly noted on this site, the services available through this site are offered by Hypnobirthing Australia™. If you notice that any user is violating these Terms of Use, please contact us at:
Hypnobirthing Australia
1606 Gold Coast Highway Burleigh Heads QLD 4220 AUSTRALIA
ACN: 162637167
Email: info@hypnobirthingaustralia.com.au
25. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
26. Miscellaneous
In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial
purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
27. Acceptance and Acknowledgement of Terms
Use of this website constitutes acceptance of these Terms. You acknowledge that you have read and are bound by the Terms, as well as any other usage agreements of Ours, including the Website Terms of Use that may govern your conduct. Thank you for participating in the blog and website. Please do not hesitate to contact us at info@hypnobirthingaustralia.com.au if you have questions.
Last Updated: 4 September 2024