Terms and Conditions - Please read sections carefully

Privacy Policy and Notice

This is the privacy notice of Hypno Wellbeing Ltd. In this document, “we”, “our”, or “us” refer to Hypno Wellbeing Ltd.

We are company number 3482832 registered in New Zealand.

Our registered office is at ALBANY CHARTERED ACCOUNTANTS LIMITED, 15 Mercari Way, Albany, North Shore City, 0632, New Zealand

This privacy notice aims to inform you about how we collect and handle any information that we collect from you, or that you provide to us. It covers both information that could identify you (“personal information”) and information that could not.

We are extremely concerned to protect your privacy and confidentiality. We understand that all users of our website are quite rightly concerned to know that their data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party. Our policy is both specific and strict. It complies with New Zealand law. If you think our policy falls short of your expectations or that we are failing to abide by our policy, do please tell us.

We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our website immediately.

Except as set out below, we do not share, or sell, or disclose to a third party, any personally identifiable information collected at our website.

Here is a list of the information we collect from you, either through our website or because you give it to us in some other way, and why it is necessary to collect it:

1. Business and personal information

This includes basic identification and contact information, such as your name and contact details and also includes all information given to us in the course of your business and ours, such as information you give us in your capacity as our client. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect you to reciprocate this policy.

This information is used:

1.1.         to provide you with the services which you request;

1.2.         for verifying your identity for security purposes;

1.3.         for marketing our services and products;

1.4.         information which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service.

We keep information, which forms part of our business record for a minimum of seven years. That is because we may need it in some way to support a claim or defence in court. That is also the period within which our tax collecting authorities may demand to know it.

2. Market place information

When we obtain information from you specifically to enable you to buy a service offered on our website by some other person, we assume that in giving us your information, you are also giving us permission to pass it to the relevant person.

3. Your domain name and e-mail address

This information is recognised by our servers and the pages that you visit are recorded. We shall not under any circumstances, divulge your e-mail address to any person who is not an employee or contractor of ours and who does not need to know, either generally or specifically. This information is used:

3.1.         to correspond with you or deal with you as you expect;

3.2.         in a collective way not referable to any particular individual, for the purpose of quality control and improvement of our website;

3.3.         to send you news about the services to which you have signed up;

3.4.         to tell you about other of our services or services of sister websites.

4. Information you post on our website

Information you send to us by posting to a forum or blog or in your advertisement, is stored on our servers. We do not specifically use that information except to allow it to be read, but you will see in our terms and conditions that we reserve a right to use it in any way we decide.

5. Website usage information

We may use software embedded in our website (such as JavaScript) to collect information about pages you view and how you have reached them, what you do when you visit a page, the length of time you remain on the page, and how we perform in providing content to you.

6. Note on padlock symbols and other trust marks

Many companies offer certification and an icon or other small graphic to prove to website visitors that the website is safe. Some certify to a high level of safety. Others are more concerned to take our money than to provide a useful service. We do not handle information about your credit card so do not subscribe to any such service.

Financial information relating to your credit cards

This information is never taken by us either through our website or otherwise. At the point of payment, you are transferred to a secure page on the website of Stripe or PayPal or some other reputable payment service provider. That page may be dressed in our “livery”, but it is not controlled by us. Our staff and contractors never have access to it.

7. Third party advertising

Third parties may advertise on our website. In doing so, those parties, their agents or other companies working for them may use technology that automatically collects your IP address when they send an advertisement that appears on our website to your browser. They may also use other technology such as cookies or JavaScript to personalise the content of, and to measure the performance of their adverts. We do not have control over these technologies or the data that these parties obtain. Accordingly, this privacy notice does not cover the information practices of these third parties.

8. Third party content

Our website is a publishing medium in that anyone may register and then publish information about himself or some other person. We do not moderate or control what is posted. If you complain about any of the content on our website, we shall investigate your complaint. If we feel, it may be justified, we shall remove it while we investigate. Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content which offends you. If we think, your complaint is vexatious or without any basis, we shall not correspond with you about it.

9. Information we obtain from third parties

Although we do not disclose your personal information to any third party (except as set out in this notice), we do receive data which is indirectly made up from your personal information, from software services such as Google Analytics and others. No such information is identifiable to you.

10. Content you provide to us with a view to be used by third party

If you provide information to us with a view to it being read, copied, downloaded, or used by other people, we accept no responsibility for what that third party may do with it. It is up to you to satisfy yourself about the privacy level of every person who might see your information. If it is available to the World, neither we nor you have any control whatsoever as to how it is used.

11. Cookies

Cookies are small text files that are placed on your computer's hard drive through your web browser when you visit any website. They are widely used to make websites work, or work more efficiently, as well as to provide information to the owners of the website.

Like all other users of cookies, we may request the return of information from your computer when your browser requests a web page from our server. Cookies enable our web server to identify you to us, and to track your actions and the pages you visit while you use our website. The cookies we use may last for a single visit to our website (they are deleted from your computer when you close your browser) or may remain on your computer until you delete them or until a defined period of time has passed.

Although your browser software enables you to disable cookies, we recommend that you allow the use of cookies in order to take advantage of the features of our website that rely on their use. If you prevent their use, you will not be able to use all the functionality of our website. Here are the ways we use cookies:

11.1.     to record whether you have accepted the use of cookies on our website. This is solely to comply with the law. If you have chosen not to accept cookies, we will not use cookies for your visit, but unfortunately, our website will also not work well for you.

11.2.     to allow essential parts of our website to operate for you.

11.3.     to operate our content management system.

11.4.     to operate the online notification form - the form that you use to contact us for any reason. This cookie is set on your arrival at our website and deleted when you close your browser.

11.5.     to enhance security on our contact form. It is set for use only through the contact form. This cookie is deleted when you close your browser.

11.6.     to collect information about how visitors use our website. We use the information to improve your experience of our website and enable us to increase sales. This cookie collects information in an anonymous form, including the number of visitors to the website, where visitors have come to the website from, and the pages they visited.

11.7.     to record that a user has viewed a webcast. It collects information in an anonymous form. This cookie expires when you close your browser.

11.8.     to record your activity during a webcast. An example is as to whether you have asked a question or provided an opinion by ticking a box. This information is retained so that we can serve your information to you when you return to the website. This cookie will record an anonymous ID for each user, but it will not use the information for any other purpose. This cookie will last for 3 months, when it will be deleted automatically.

11.9.     to store your personal information so that you do not have to provide it afresh when you visit the website next time. This cookie will last for 90 days.

11.10.  to enable you to watch videos we have placed on YouTube. YouTube will not store personally identifiable cookie information when you use YouTube’s privacy-enhanced mode.

12. Complaints

When we receive a complaint, we record all the information you have given to us. We use that information to resolve your complaint. If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.

We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

13. Re-marketing

We may use re-marketing from time to time. This involves Google or some other supplier placing a tag or marker on our website in order to be able to serve to you an advert for our products / services when you visit some other website.

14. Affiliate information

This is information given to us by you in your capacity as an affiliate of us or a customer or client of ours. Such information is retained for business use only. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect any affiliate to agree to reciprocate this policy. As an exception to this, we have the right to disclose your first name and URL of your affiliate connection to other affiliates and to any other person or organisation, on and off the website. The reason is solely to enable us to mention winners and others whose performance as an affiliate is in some way outstanding.

15. Use of the website by children

We do not market to children, nor do we sell products or services for purchase by children. If you are under 18, you may use our website only with consent from a parent or guardian.

16. Disclosure to Government and their agencies

We are subject to the law like everyone else. We may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

17. Compliance with the law

This privacy policy has been compiled so as to comply with the law of every jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your country, we would like to hear from you, but ultimately it is your choice as to whether you wish to use our website.

18. Review or update personally identifiable information

At any time you may review or update the personally identifiable information that we hold about you, by contacting us at the address below. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.

19. Removal of your information

If you wish us to remove personally identifiable information from our website, you may contact us at www.janhaldane.com. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.

20. Data may be “processed” outside New Zealand

Our website is hosted in the Australia. We also use outsourced services in countries outside New Zealand from time to time in other aspects of our business. Specifically, our technical centre is based in Ballarat, Australia. Accordingly data obtained within the New Zealand may be “processed” outside New Zealand and data obtained in any other country may be processed within or outside that country.

 

If you have any question regarding the privacy policy, please contact us through the contact page.

Terms & Conditions

Last Updated on August 19, 2021

By using this website, you agree to the following Terms and Conditions and Privacy Policy. Please read them carefully before using this website.

General Provisions

This website is owned and operated by Hypno Wellbeing Ltd, a Limited Liability Company of New Zealand. Our principal place of business is located at 100 Bulltown Rd, Waihi, Waikato 3610, New Zealand.

You must be at least eighteen years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The terms and conditions contained on this page is subject to change at any time.

Intellectual Property Notice

All images, text, designs, graphics, trademarks and service marks are owned by and property of Hypno Wellbeing Ltd, or the properly attributed party. It is a violation of  law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

You may use our intellectual property with clear and obvious credit back to our site, as well links back to the page where the materials, designs, images, text, quote or post is located when it is appropriate to do so. You may use up to one image and one paragraph of text. However, you may never claim any of our intellectual property as your own or your unique creation, even with attribution.

Your Communications

Any communications made through our ‘contact,’ blog, blog comments, newsletter sign up or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails or other media, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy on this page.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

Disclaimers

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have medical, legal or financial questions, you should consult a medical professional, lawyer or CA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein.

This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at jan@janhaldane.com.

Affiliates

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

Termination

If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access to our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).

Refunds & Payment Collection

We take your investment seriously, and we’d appreciate it if you took our investment of time and resources into your success seriously too.

Due to the nature of the services and/or products provided, refunds will not be given.

After 30 days of outstanding payment, Hypno Wellbeing Ltd reserves the right to send you to collections, upon which you will owe the total amount of any outstanding payments plus any collection costs including reasonable lawyer’s fees.

Lifetime Access

As a part of our offers, you may be given “lifetime access” to specific material. This material will be available via this website for the lifetime of the website. If the website shuts down, you will be given the chance to download the material before it is removed when possible.

Entire Agreement

Before you register with our website or make any purchases therefrom, you will be asked to consent to our Privacy Policy. If you have consented, or once you do consent, the terms of the Privacy Policy together with these Terms and Conditions. The information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.

Severability

If any part of these terms and conditions or our privacy policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

Law and Jurisdiction

These terms, conditions and privacy policy are governed by and construed in accordance with New Zealand law. Any dispute arising out of or related to the information contained herein is subject to adjudication in New Zealand.

Consent

By using our website, you hereby consent to our Terms and Conditions of Use.

If you require any more information or have any questions about our Terms and Conditions of website use, or our Privacy Policy, please feel free to contact us by email at jan@janhaldane.com


Crush It With Summits Program Terms & Conditions

Claims.

Selena D and Crush It With Summits Trainers make no claims or representation that by purchasing Crush It With Summits you will earn money or make your money back. Testimonials shown are real experiences from people we have personally consulted and worked with to set up their summits. Their business’s results are not typical, and your business’s experience will vary based upon the effort and education of your business’s employees and management, the business model that is implemented, and market forces beyond anyone’s control.

Confidential Information.

For purposes of this Agreement, Confidential Information includes, but is not limited to, all information not generally known to the public, in spoken, printed, electronic, or any other form or medium, relating to: business methods, policies, research, operations, strategies, techniques, terms of agreements, know-how, trade secrets,
supplier information, vendor information, financial information, marketing information, and techniques, advertising information, and techniques, pricing information, cost information, design information, staffing information, supplier lists, vendor lists, internal controls, sales information, revenue, product plans, inventions, unpublished patent applications, customer information, customer lists, and CRM databases of the Disclosing Party or its businesses, or of any other person or entity that has entrusted information to the Disclosing Party in confidence.

The Parties understand that the above list is not exhaustive and that Confidential Information includes other information that is either marked or otherwise identified as confidential or proprietary or that would otherwise appear to a reasonable person to be confidential or proprietary.

Copyright.


You understand and agree that all materials related to the Crush It With Summits Program are copyrighted and for your personal use only.
No part of the Crush It With Summits Program may be shared, sold, reproduced, distributed, copied or given to anyone.

Recipient Obligations.

The Recipient agrees:

(a) to treat all Confidential Information as strictly confidential, including to protect and safeguard the confidentiality of all such Confidential Information with at least the same degree of care as the Recipient would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care;
(b) not disclose any such Confidential Information to any person or entity, except to the Recipient's Representatives who:
(i) need to know the Confidential Information to assist the
Recipient, or act on its behalf, in relation to the Purpose; (ii) are informed in writing by the Recipient of the con¹dential nature of the Confidential Information; and (iii) are subject to confidentiality duties or obligations to the Recipient that are no less restrictive than the terms
and conditions of this Agreement;
(c) not to access or use any Confidential Information, and not to copy any documents, records, files, media, or other resources containing any Confidential Information, or remove any such documents, records, files, media, or other resources from the premises or control of the
Disclosing Party, except to the extent required to perform the Recipient’s functions;
(d) not to use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than the Purpose or otherwise to the detriment of the Disclosing Party;
(e) not to use any Confidential Information upon completion of the engagement with the Company, except as expressly authorized by the Company in writing;
(f ) to comply with all applicable security policies, including on-site access, remote access, and related security rules, of the Disclosing Party; and (g) to be responsible for any breach of this Agreement caused by any of its Representatives.

Property Rights.

No rights or obligations other than those expressly recited herein are to be implied from this Agreement. No license is hereby granted or bargained for, directly or indirectly, for the use of the Confidential Information disclosed hereunder, other than for the purposes expressly set forth herein. All Confidential Information (including all copies thereof ) shall remain the property of Disclosing Party.

Termination.

If the buyer violates any terms Crush It With Summits has the Right to Terminate and retain all paid funds.
In the event of termination, you will immediately lose access to our platforms and any and all permissions, logins, and confidential information you provided us during the term and scope of this Agreement.

Payment.

You understand and agree that working with us requires a full financial commitment, and you agree to pay for our services.

You understand and agree that all payments are deemed earned and non-refundable at the time in which they are paid.

You further agree and understand that you are responsible for any expenses that may be incurred as it relates to your implementation of recommended strategies; including but not limited to equipment, software, and third-party services.

Services are non-transferable and cannot be substituted.

Expenses

You are responsible for obtaining apps and software thought necessary for Summit Production Such expenses include Webinar platform, Email management system, Website domain and hosting, copywriting, course platform, and social media promotional graphics and copy.

This list may not include all expenses necessary and prudent for Summit production.

Binding Agreement.

This Agreement shall be binding upon the parties, their successors, and assigns.

Relationship of the Parties.

Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or another form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

Governing Law.

This Agreement is subject to and shall be construed in accordance with the laws of the State of New Jersey, except for choice of law provisions. Agency and Owner both consent to jurisdiction in the state and federal courts located in New Jersey and hereby waive personal service.

Entire Agreement.

This Agreement represents the entire agreement between the parties and supersedes all other agreements, if any, express or implied, whether written or oral. Neither party has made and makes no representation of any kind except those specifically set forth herein.

Limitation of Liability

IN NO EVENT SHALL CRUSH IT WITH SUMMITS OR TRAINERS BE LIABLE TO HOST FOR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT.

Entire Agreement.

This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Personal Responsibility

By participating in the Agreement, you accept personal responsibility for the results of your actions. Crush It With Summits and Trainers has not made any guarantees about the results of taking any action, whether recommended in the Service or not.

Crush It With Summits and Trainers provide educational and informational resources that are intended to help you succeed.

You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Crush It With Summits and Trainers.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of Crush It With Summits or otherwise - applying the principles of creating a virtual summit, there are no guarantees that you or any other person or entity will be able to obtain similar
Results.

You agree to take full responsibility for any harm or damage you suffer as a result of the use, or nonuse, of the information available in the Service. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Service.

Online Bullying, Defamation and Slander

You understand that online bullying, defamation and slander are not tolerated and is a breach of this contract. Any form of online bullying, defamation and slander will result in the termination of your access to the entire program, you will not receive a refund and charges may be brought upon you in the court of law.

Refund Policy.

Crush It With Summits and Trainers do not provide refunds for any Services rendered due to the nature of the services rendered.