WEBSITE Terms and conditions applicable to A BUYER of services using hypnohome limited
These terms and conditions are the contract between you and Hypnohome (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. Our suppliers may also impose additional terms and conditions to which your contract with them will be subject.
WE ASK THAT YOU READ CLAUSE 3 BELOW CAREFULLY.
Our Website (as defined below) is operated for and on behalf of the Association (as defined below) and Hypnohome.
Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask your parent or guardian to buy the Services on your behalf. During the provision of Services your parent or guardian who purchased the Services on your behalf must remain with you at all times. The Services may be suspended should the Provider believe you are under the age of 18 and are without your parent or guardian present during provision of the Services.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using the site or the Services immediately.
Hypnohome is a trade name of Hypnohome Limited which is a company incorporated in England and Wales (registered number 08971137) whose registered office is at Lynton House 7-12 Tavistock Square, London WC1H 9BQ.
Association the unincorporated association known at the “HypnoHome Association”.
Content means the textual, visual or audio content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
Hypnohome means us. It also means the membership marketplace we operate and the business of operating it.
Post means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Web Site, and the phrases "Posted" and "Posting" shall be interpreted accordingly;
Service(s) means all of the services available through Our Website.
Provider means a person who offers a Service for sale on Our Website.
Our Website means any website of ours, and includes all web pages controlled by us.
User means any person other than you who uses or visits the website for any purpose.
"you” “yours” etc, means you, the party to this agreement.
Schedule 2Our contract
Hypnohome is neither a buyer nor provider of Services offered for sale. We are neither a principal nor agent in a buying transaction.
Hypnohome is a marketplace. We receive commission and subscription fees from a Provider but we are not agents for a Provider in any way.
We welcome any comment or complaint about a Provider, which you make through Our Website. We may act upon a complaint in our discretion, for the benefit of the body of Hypnohome members.
We are not responsible to you further than to take your money and pass it to the Provider.
These terms and conditions regulate the business relationship between you and us. By using Our Website free of charge, you agree to be bound by them.
We provide a market place for the supply of Services. We are in no way responsible for:
your locating and ordering a Service;
your choice of a Service;
any aspect of the provision of the Service;
payment for any Service;
except as referred to at clause 2.8 below, any complaint about any Service.
If you use this website, you do so in accordance with these terms. If you are unable to accept these terms, your only remedy is to leave the website.
In any dispute with a Provider, you should refer the matter to us by emailing email@example.com and we will make every effort to act as mediator to resolve any dispute between you and the Provider to your satisfaction. However for the avoidance of doubt we are not a party to your contract with the Provider and we have no liability under that contract or in respect to any dispute with the Provider.
We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Our Website at the time that the contract was made.
Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
Subject to Section 3.1 above:
Hypnohome will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site. Subject to Section 3.1 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
Please note that the Services are not a substitute for qualified medical advice and do not replace the advice of your doctor. Hypnohome accepts no liability for your use of this Website and for the information contained on this Website or Services. You acknowledge that as you have not received any personalised advice from Hypnohome, Hypnohome cannot be liable for the suitably of the Services offered through our website and/or information provided as part of our services, to your particular circumstances and for any consequences thereof and you acknowledge that usage of any of the Services of any Provider at your own risk. Furthermore, no guarantee can be given of any outcome as a result of your use of any of the Services.
Most of the Services utilise hypnosis/altered states of consciousness. Hypnohome have carried out reasonable investigations to confirm that each Provider is a trained, qualified and practising hypnotherapists. However, because altered states of awareness are involved you should not use the Services when driving, using machinery or doing anything which requires your attention. For reasons of good practise the Services and programmes are not a substitute for qualified medical treatment. Therefore, if you think you have or may have a medical condition of any kind then you should seek the appropriate support and only use the Services with the informed consent and guidance of your doctor.
Hypnohome will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for any:
economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated saving);
loss of goodwill or reputation;
special or indirect losses; or
other losses suffered or incurred by that party arising out or in connection with the provisions of any matter under these terms and conditions.
Notwithstanding the above, Hypnohome’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to the amount paid or payable by you for the Product(s) and/or services in respect of one incident or series of incidents attributable to the same clause, whichever is the greater.
This clause 3 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
Hypnohome shall have no liability to pay any money by way of compensation in relation to the infringement by any person of any intellectual property rights of any third party caused by their use of www.hypnohome.com.
Schedule 4The buying procedure
Unless it is clear to the contrary, you may assume that every sale is made by a Provider in the course of his business.
Prices listed on Our Website by Providers are inclusive of any applicable sales tax.
Services may be offered for sale subject to any discount or promotion arranged between Hypnohome and the Provider.
Subject to discounts and promotions, Services are offered for sale at a fixed price. VAT may be due and will be included in the price.
Services will be provided at the times and places specified in the website.
You are required to pay in the currency in which the item is listed for sale on Our Website.
Every sale will be subject to a contract between you and the Provider and all the laws applicable.
Schedule 5Security of your credit card
We take care to make Our Website safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
Schedule 6The Hypnohome promise
To give you the utmost confidence in the Hypnohome buying experience, we make the following promise:
If the Provider fails within a reasonable time, to supply a Service for which you have paid, or supplies a Service which is substantially different from what you ordered, we ourselves will refund the cost to you.
This promise is subject to the following conditions:
the payment will be made to you between 30 and 60 days from the date we receive your satisfaction survey, as provided on Our Website;
the satisfaction survey must be completed by you truthfully and accurately;
refunds are limited to a maximum of:
five sessions in a lifetime; and
one session in two years;
you must not have requested a charge back from your credit card provider or bank;
you agree to Hypnohome erasing any negative comments which you may have Posted to Our Website and you agree not to make any further negative comments in connection with Services in relation to which a refund has been made.
The promise set out in this paragraph is non-contractual. We shall operate it at our entire discretion.
Schedule 7If you buy as a consumer
If you are a citizen of the European Union and you buy as a consumer as defined in the Consumer Protection (Distance Selling) Regulations 2000, then:
If you cancel your contract within seven days of having made it, the Provider has a legal obligation to refund your payment in full.
The Provider is not under an obligation to refund your payment if it was reasonably necessary to start providing the Service before the expiry of seven days, and he did so.
Schedule 8Maintaining your personal information
You understand and agree that you alone are responsible for all of the information you submit to us and for maintaining it up to date.
So far as you submit information for publication, it must be accurate and complete. It must not include information which might enable a user to contact you directly, such as a telephone number, email address or street address.
By registering with us, you accept that we may send to you from time to time offers by third parties to supply goods or services to you.
If or when you cancel your account, we may delete all your personal information and documents relating to you.
We are not obliged to delete your personal information immediately. We are not liable for any action of a third party in their use of your information.
Schedule 9How we handle your Content
If you Post Content to any public area of Our Website it becomes available to all the World. We have no control who sees it nor what anyone does with it.
Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
You irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, throughout the World and in any medium. You represent and warrant that you are authorised to grant all such rights.
We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright, Designs and Patents Act 1988 section 80.
You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
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.
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;
You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
Please notify us of any security breach or unauthorised use of your account.
Schedule 10Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
be unlawful, or tend to incite another person to commit a crime;
consist in commercial audio, video or music files;
be obscene, offensive, threatening, violent, malicious or defamatory;
be sexually explicit or pornographic;
promote discrimination or animosity to any person on grounds of gender, race, religion, nationality, disability, sexual orientation or age;
be likely to harass, intimidate, bully, upset, embarrass, alarm, annoy any other person;
be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
be made on behalf of some other person, or impersonate another person;
use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement;
request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
facilitate the provision of unauthorised copies of another person's copyright work;
link to any of the material specified in this paragraph;
promote or endorse illegal activities, or provide instructions or information about illegal activities or other activities prohibited by these terms. Examples are: making or buying illegal weapons, stalking; providing computer viruses or distributing pirated media);
use distribution lists that include people who have not given specific permission to be included in such distribution process;
consist in posting excessive or repeated off-topic messages to any forum or group;
send age-inappropriate communications or Content to anyone under the age of 18.
Schedule 11Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
hyperlinks, other than those specifically authorised by us;
keywords or words repeated, which are irrelevant to the Content Posted.
the name, logo or trademark of any organisation other than yours.
inaccurate, false, or misleading information;
material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.
Schedule 12Removal of offensive Content
For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
We are under no obligation to monitor or record the activity of any user of Our Website 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.
If you are offended by any Content, the following procedure applies:
Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
we shall remove the offending Content as soon as we are reasonably able;
after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
we may re-instate the Content about which you have complained or we may not.
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.
You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
Schedule 13Security of Our Website
We may, at our discretion or as part of a paid Service, give you permission to access Our Website for the purpose of Posting or uploading Content of some sort. We may read, assess, review or moderate any Content Posted on Our Website. If we do, we need not notify you or give you a reason.
If you violate Our Website or use it unlawfully or immorally, we will take the strongest action against you that we can. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. Your action may also be unlawful in other countries, where you may accordingly be subject to extradition and criminal proceedings.
You now agree that you will not, and will not allow any other person to:
modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
download any part of Our Website, without our express written consent;
collect or use any product listings, descriptions, or prices;
collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
for any purpose use Hypnohome, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
use Our Website to hack into the computer of any other person or make contact with any other computer;
make available or upload files that contain software or other material, data or information not owned or licensed to you, including pirated computer programs, pirated music or other media or links to any such files;
make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software;
upload or republish any part of our Content on any Internet, intranet or extranet site.
hide or remove the banner advertisements on any page of Our Website;
share with a third party any login credentials to Our Website;
use on Our Website software which assists in:
data mining, extraction or collection;
emulating, hacking, password cracking, IP spoofing or over-loading Our Website;
“framing”, inserting pop-up windows, interstitial pages or advertisements, or similar techniques.
performing any automated operation;
Despite the above terms, we now grant a licence to you to:
create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
Schedule 14Storage of Data
We assume no responsibility for the deletion or failure to store, deliver or timely deliver messages.
We may, from time to time and without notice, set limit(s) on the number of messages you may send, store, or receive through the service, and we retains the right to delete any emails above such limit(s) without any liability whatsoever, and you hereby release us from any such liability. Any notice provided by us to you in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s).
Schedule 15Copyright and Other Intellectual Property Rights
All content on the website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of Services for sale. It is all protected by international copyright laws.
You may not copy, or in any way exploit any of the content, except as is expressly permitted in this agreement or with our written consent. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.
Schedule 16Interruption to the Hypnohome Service
We give no warranty that the Hypnohome Service will be satisfactory to you or in relation to the website.
We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of it for repairs, maintenance or other reason. We may do so without telling you first.
You acknowledge that the Website may also be interrupted for reasons beyond our control.
You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Hypnohome Service.
You agree to indemnify us against any claim or demand, including costs, expenses or other liability (including legal fees) made by any third party due to or arising out of:
your use of the Hypnohome Club;
the breach or violation of this agreement by you;
the infringement by you, or by any other User of our Website using your computer, of any intellectual property or other right of any person or entity;
any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
Schedule 18Disclaimers about the website
Your use of the Website is without any warranty or guarantee.
Where we provide a service without specific charge, then it is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such service.
We or our Content suppliers may make improvements or changes to the website, the Content, or to any of the services described on the website, at any time and without notice to you.
You are advised that Content may include technical inaccuracies or typographical errors.
Our Website contains links to other websites. We have neither power nor control over any such website. 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.
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 Website.
The Hypnohome website is provided “as is”. We make no representation or warranty of any kind, express or implied, including, without limitation, any warranty that either of them will be:
of satisfactory quality;
fit for a particular purpose;
available or accessible, without interruption, or without error.
So far as concerns Services you buy through Our Website, we are not liable for:
any service complying with the requirement of any law or being available;
the Provider performing his contract;
Because we are not the agent or either you or the Provider, you now release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a Provider.
Schedule 19Miscellaneous matters
No amendment or variation to this agreement is valid unless in writing, signed by each of us or by our respective authorised representative.
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.
For the purposes of the Data Protection Act 1998 you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us [and/or any agent or third party nominated by us] [and bound by a duty of confidentiality]. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country in any part of the World.
If you are in breach of any term of this agreement, we may:
publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
terminate your account and refuse access to Our Website;
remove or edit Content, or cancel any order at our discretion;
issue a claim in any court.
Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
No failure or delay by us 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.
When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by fax or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by fax to the correct number: within 24 hours;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
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.
This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that act.
We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control.
In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in England.