Terms of Use

Welcome to our website (the “Site”) is owned and operated by Helen Luxford ABN81157310618 using multiple trading names (“company,” “we” “us” or “our”). By using the Site, you agree to be bound by these Terms of Service and to use the site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the site or to products and services available through the site or from us.

We own and operate this site and make available tools and supports together with any of our applications including, but not limited to, online portals, memberships, landing pages, funnels etc (together referred to as the ‘Platform’) online and offline. Reference to the “Platform” means any access you have been granted, to any part of the platform, not necessarily the whole platform. Accessing any part of the Platform, in any manner, whether automated or otherwise, constitutes use of the Platform and your agreement to be bound by these Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the Platform, from time to time, in which case we will post the revised Terms of Service on this website. Your access to the Platform is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use). Your use of, and/or access to any part of the Platform constitutes your agreement to the Terms of Use.

We provide coaching, training, facilitation, neuro linguistic programming (NLP) and hypnosis through the delivery of sessions, workshops, webinars, classes, seminars and events (services). As part of these services, we may also provide access to support chat groups, commentary, tools, documents, materials, resources and other information. These Terms and Conditions govern the provision of the Services (online and offline) and your use of the Platform. We reserve the right to amend the Terms of Use at any time. We cannot be responsible for any delays or interruptions to any aspect of the Platform. We cannot warrant that the Platform will be available at all times or at any given time and at any time and without notice to you, we may discontinue use of the Platform in whole or in part. We cannot be responsible for any loss, cost, damage or liability that may result from our discontinuance of the Platform.

Prohibited Conduct

In relation to the Platform, you must not:

use it for any activities, sales or post or transmit via the Platform, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
use the Platform to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Platform or the Internet;
use the Platform to send unsolicited email messages;
in any way tamper with, hinder or modify the Platform;
knowingly transmit any viruses or other disabling features to the Platform or via the Platform; or
attempt any of the above acts or facilitate or assist another person to do any of the above acts.

General Information

We intend for the information on the Platform to only serve as a general overview on matters of interest. The information on the Platform is not intended to be comprehensive, nor does it in any way constitute any type of advice. We attempt to ensure that the content on the Platform is current and accurate but we do not guarantee its currency and accuracy. You should carry out your own research and/or seek your own advice before acting or relying on any of the information displayed on the Platform.

We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Platform may not be legal by certain persons or in certain countries. If you access the Platform, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect. All rights not expressly granted in the Terms of Use are reserved. If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

Indemnity

By using the Platform, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Platform by you.

Disclaimer

Some legislation such as the Australian Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Platform which cannot be excluded, restricted or modified (your “Statutory Rights”). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights and with respect to the Platform:

the information, products and services offered on or through the Platform, and by us, and any third-party sites, are provided “as is” and to the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties or merchantability and fitness for a particular purpose all material on the platform is provided to you without warranties of any kind, either express or implied;
we do not warrant that the functions contained in any material on the Platform or your access to the Platform will be uninterrupted or error free, that any defects will be corrected or that the Platform or the server, including bulletin boards, or the servers that make it available, store and transmits material to you are free of viruses or any other harmful components; and
we do not warrant or make any representation regarding your access to, or the results of your use and access to, the Platform, site, materials or on third party sites in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

To the extent permitted by law, including but not limited to any act or omission on our part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Platform.

You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Platform. We are not responsible for any communication, interaction or relationship between you and any other person on the Platform, whether or not it occurs on the Platform or by another means. We may, at any time, enhance and/or alter the features of the Platform at our sole discretion and without notice to you. We reserve the right to monitor your use of the Platform, through cookies and other means, or the purpose of obtaining insights about how users use the Platform and ensuring you are complying with these Terms and Conditions. Nothing in these Terms and Conditions constitutes a relationship of employer and employee, principal and agent or partnership between you and us or between you and us.

Throughout the Platform, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Platform or on websites linked to by us on the Platform. We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked Website.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not us. Neither us nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, we neither endorse nor are responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Platforms by anyone other than an authorised representative of Helen Luxford while acting in their official capacity.

You agree at all times to defend, indemnify and hold harmless Helen Luxford, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

We provide the Platform and the Services to you. You can book any of our Services by: placing an order on the Platform; submitting an order form; and/or making payment of any applicable fees. For the avoidance of doubt, our Services are not booked or confirmed until we have received full payment in respect of those Services and have sent confirmation of enrolment. At our discretion, we may accept partial payment in respect of those Services. We may refuse to accept, or cancel, your booking of the Services for any reason at our sole discretion without notice.

The Platform is frequently under development, and we make no warranty of any kind, implied or express, as to its accuracy or completeness or appropriateness for any purpose. We make no financial guarantees about any products or services. The only one that can ultimately guarantee your success is you. Instructions and information provided are, and are intended to be, educational in nature; providing information, instruction, support and encouragement. Participant acknowledges and agrees that no representation has been made by us, or our affiliates, as to any future outcome, income, expenses, sales volume or potential profitability that may be derived from the participation in any program or service offering. Individuals are responsible for seeking appropriate advice before taking any actions and information on the Platform or through services delivered, does not and cannot constitute professional advice.

Intellectual Property Rights

Our Limited License to You. The Platform and all the materials available on the Platform are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Platform is provided solely for your personal non-commercial use. You may not use the Platform or the materials available on the Platform in any manner that constitutes an infringement of our rights or that has not been authorised by us. More specifically, unless explicitly authorised in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Platform. You may, however, from time to time, download and/or print one copy of individual pages of the Platform for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Platform in any way except as expressly provided for by us or expressly authorised in writing by us.

Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Platform, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are sixteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorised by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing. You may establish a hypertext link to the Platform so long as the link does not state or imply any sponsorship of your Platform or platform by us or by the Platform. However, you may not, without our prior written permission, frame or inline link any of the content of the Platform, or incorporate into another Platform or platform or other service any of our material, content or intellectual property.

Limitation of Liability

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms of Use, is limited, at our option, to one or more of the following:

In the case of services supplied or offered by us:

the resupply of the services; or
the payment of the cost of having the services resupplied.

In the case of goods supplied or offered by us:

the replacement of the goods or the supply of equivalent goods;
the repair of such goods;
the payment of the costs of replacing the goods or acquiring equivalent goods; or
the payment of the costs of having the goods repaired.

Privacy

By agreeing to and accepting the Terms of Use, you also agree to our privacy policy.

Termination

The Terms of Use are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use and limitations of liability set out in the Terms of Use will survive. We may cancel or terminate your right to use the Platform or any part of the Platform at any time without notice. In the event of cancellation or termination, you are no longer authorised to access the part of the Platform affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Platform, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Online Commerce

Certain sections of the Platform may allow you to purchase different types of products and services online that may be provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Platform or on a platform linked to by the Platform, the information obtained during your visit to that merchant’s online store or platform, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Platform, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s Platform or platform and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Platform. Your participation, correspondence or business dealings with any third party found on or through our Platform, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Platform. You agree to use the Platform and to purchase services or products through the Platform for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Copyright

The Digital Millennium Copyright Act of 1998 (the “DMCA”) & Copyright Act Australia provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the US & Australian copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you, or your agent may send to us a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorised to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Helen Luxford actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to us a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; & Copyright Act Australia, see https://www.artslaw.com.au/information-sheet/takedown-notice-copyright/ for details. Our Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: helen@helenluxford.com.

This Agreement shall be binding upon and inure to the benefit of Helen Luxford and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of us. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by us to any affiliated entity or any of its wholly owned subsidiaries

Interactive Features

The Platform may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Platform, or sent via any email services on the Platform, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Platform.

It is a condition of your use of the Platform that you do not:

Restrict or inhibit any other user from using and enjoying the Platform.
Use the Platform to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the Platform or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Platform.
Use the Platform to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorised access to the Platform, or any account, computer system, or network connected to the Platform, by means such as hacking, password mining or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Platform.
Use the Platform to post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Use the Platform to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the Platform to post or transmit any information, software or other material that contains a virus or other harmful component.
Use the Platform to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
Use the Platform to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

We may host message boards, chats and other public forums. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future, without recourse. We or our designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centres for users and subscribers. Information and content posted within these public forums may be provided by our staff, our outside contributors, or by users not connected with us, some of whom may employ anonymous user-names. We expressly disclaim all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of us or any of our subsidiaries or affiliates.

We have no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Platform. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Registration

To access certain features of the Platform, we may ask you to provide certain demographic information including your gender, year of birth, post/zip code and country. In addition, if you elect to sign-up for a particular feature of the Platform, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Platforms registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Payment and Refund Policy

Payment is required immediately upon purchase, if other terms are required, these must be agreed and made in writing between the relevant parties prior to services or products being delivered or accessed. For the avoidance of doubt, our Services are not booked or confirmed until we have received full payment in respect of those Services and have sent confirmation of enrolment. At our discretion, we may accept partial payment in respect of those Services. We may refuse to accept, or cancel, your booking of the Services for any reason at our sole discretion without notice.

Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund policy.

Helen Luxford is not responsible for any of the opinions or comments posted to our site. Additionally, testimonials are not intended to make claims that these products can be used to diagnose, treat, cure, mitigate or prevent any disease. These claims have not been clinically proven or evaluated.

Passwords

To use certain features of the Platform, you may need a username and password, which you will receive through the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Coaching & Hypnosis

While Coaching, hypnosis, NLP and other coaching techniques have many beneficial effects, these are not a substitute for appropriate medical attention. Statements and products offered by us are not intended to diagnose, treat, cure nor prevent any disease or illness. When dealing with a physical and/or mental illness or disease always consult a qualified physician or therapist. A coach, trainer, facilitator or hypnotist is considered a guide or facilitator. You assume equal responsibility by making a commitment and allowing yourself to be guided during sessions. You are fully responsible for any actions taken as a result of your experience and we make no representation as to outcomes that may or may not be achieved, as results will vary from person to person.

Helen Luxford is a certified Coach, NLP Practitioner and ICBCH Board Certified Hypnotist, not a Licensed Physician or Licensed Mental Health Professional nor a Psychologist and does not hold herself out to provide any form of healthcare or psychotherapy. Please consult your health care provider before making any health care decisions. Hypnosis recordings are not recommended for people suffering from mental disorders or illness. Never listen to hypnosis or mindful meditation recordings while driving a car or operating machinery. When listening to hypnosis or mindful meditation recordings, choose an environment that is quiet and safe.

In accordance with the Federal Trade Commission (FTC) guidelines concerning use of endorsements and testimonials in advertising, please be aware of the following:
Testimonials appearing on this Platform are relating to individual experiences, reflecting real life experiences of those that have used our products and/or services in some way or another. However, they are individual results and results will vary. We do not claim that they are typical results that all consumers will generally achieve. The testimonials are not necessarily representative of all those who will use our products/services and are given verbatim except for correction of grammatical or typing errors.

Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Victoria, Australia and any dispute shall be subject to binding arbitration in Victoria, Australia. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Contact

Please helen@helenluxford.com us if you have any questions relating to these Terms of Use.