Terms and Conditions
The Feel Good Studio Pty Ltd is an Australian company located at PO Box 144, Belrose West NSW 2085 Australia, with ABN 32 621 659 541 and can be contacted via email on our Contact form. These terms of use (Terms of Use) govern your use of this site, which is provided by our company The Feel Good Studio Pty Ltd (Company). By accessing this site, you are indicating your acknowledgment and acceptance of these terms of use. These terms of use are subject to change by our company at any time in its discretion. Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these terms of use regularly.
Legal Agreement
These Terms of Use, together with our Privacy Policy, and any documents referred to in these Terms of Use comprise the terms of a legally binding agreement between our Company and all affiliated and you as a user of this Site, whether directly or indirectly.
Consent to Use
By accessing this Site or our products or services, or allowing anyone else who shares your Internet connection to do the same, you agree that you have read, understood and agreed to be bound by and ensure anyone else using your Internet connection complies with these Terms of Use and all applicable laws and regulations, and you are solely responsible for compliance with any applicable local laws. If you are resident in any jurisdiction whose applicable laws would render these Terms of Use null and void in whole or part, then any access or use of the Site is at your own risk. If you do not agree with any part of these Terms of Use, please do not use this Site.
Product Delivery
Upon purchase of a downloadable Meditation, HypMeditation™ or E-course, you will receive an email with a link to complete the purchase of your product including, where applicable, a direct download for your product.
Free downloads, meditations and HypMeditation™ may be available on this website without a need to purchase or download. You agree and accept full responsibility and risk for downloading, playing and listening to these products. You agree that you will not hold The Feel Good Studio Pty Ltd, its’ Directors, owners and employees responsible for any actions directly or indirectly caused by listening to these recordings. You agree not to drive or operate machinery whilst listening to any recording provided by The Feel Good Studio Pty Ltd.
Product Purchases
Charges from this site will appear as The Feel Good Studio on your credit card statement. When you are purchasing from this site you agree to be billed either as a one-off transaction, or recurring subscription, depending on the product you have purchased.
Credit Card Security
All transactions are processed via PayPal, Stripe, a third party provider or via Eventbrite, a third party provider.
Access To This Site
You agree to use this site only for the lawful purposes described in more detail in the “Restrictions on Use” section below. You agree not to take any action that might compromise the security of the site, render the site inaccessible to others or otherwise cause damage to the site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the site in any manner that might interfere with the rights of third parties. To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources and to terminate or suspend your access at any time, without notice.
Restrictions On Use
This site is provided solely for non-commercial, personal use, and/or so that you may learn about our Company and the services we provide. You may not use this site for any other purpose, including any commercial purpose, without our Company’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorized representative of our Company. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or Content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
Proprietary Information
Trademarks. The material and Content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorized in writing elsewhere on our site, except that you may print out one copy of the Content solely for your personal use. You are prohibited from using any of the marks or logos appearing throughout the site without the express written permission of our Company.
Copyright. This site and its Content are protected by Australian and/or foreign copyright laws and belong to our Company or its partners, affiliates, contributors or authorized third parties. The copyright in the Content is owned by the Company, or other copyright owners who have authorized their use on this site. You may download and reprint one copy of the Content for non-commercial, non-public, personal use only (If you are browsing this site as an employee or member of any business or organization, you may download and reprint once copy of the Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by the Company, for example in certain password-restricted areas of the site). You may not manipulate or alter in any way images or other Content on the site.
Hyper-links
This site may be hyper-linked to other sites which are not maintained by, or related to, our Company. The inclusion of any hyper-link to a third-party site does not imply endorsement, sponsorship or recommendation by our Company of that site. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Our Company also makes no representations about the availability of hyper-linked sites. Hyper-links are to be accessed at the user’s own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyper-linked to this site. If you hyperlink to a site, please be aware that you will leave our Company’s site and will become subject to the rules and conditions of the linked third party site(s). We recommend that you make yourself aware of the Terms of Use of any sites you link to from our Company’s site.
Submissions
You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this site (together, hereinafter known as a “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations. By making a Submission, you are guaranteeing to us that you have the legal right to post the content in the Submission and that it will not violate any law or the rights of any person or entity. Our Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.
Child Safety
Protecting the online privacy of children is especially important to us, and those under the age of 18 are protected by federal law. For that reason, our Company does not knowingly permit children under the age of 18 to become registered members of our site or to buy goods or services from our site, without verifiable parental consent. Our Company does not knowingly collect or solicit personal information about children under 18, except with their parent’s express consent. If we ever include children under the age of 18 as part of our intended site audience, those specific web pages will, in accordance with the provisions of the Children’s Online Privacy Protection Act (COPPA), be clearly identified and provide an explicit privacy notice; and we will provide processes to obtain parental approval, provide access to information and allow parents to request removal of their children’s personal information.
Downloading Materials
Upon receipt of payment for a copy of the digital product, an email will be sent to the nominated email address containing a link to download the digital product.
Return and Exchanges for Digital Products
Due to the nature of the product, digital products are non-refundable and cannot be exchanged. We are not able to re-issue links and files for reasons including, but not limited to, loss or damage of computer storing the digital product, or loss, damage or corruption of files. You are responsible for maintaining the file once it has been downloaded.
*Please note: this extends to re-issue of links and files that were not able to be delivered to your inbox. If you do not receive your digital product or file after purchasing, we recommend checking your junk mail inbox or folder and adding “[INSERT EMAIL ADDRESS]” as a trusted recipient.
It is solely your responsibility to ensure the compatibility of your device for use of the digital product. Refunds will not be issued due to compatibility issues.
Limitation On Liability
Our Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Our Company has been advised of the possibility of such damages. In no event will the collective liability of our Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to our Company for the applicable content, products or services out of which liability may arise.
Indemnity
You will indemnify and hold our Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information, products and/or services from this site.
Information you provide
You may not post, send, submit, publish, or transmit in connection with this site any material that:
– you do not have the right to post, including proprietary material of any third party;
– advocates illegal activity or discusses an intent to commit an illegal act;
– is vulgar, obscene, pornographic, or indecent;
– does not pertain directly to this site; threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
– seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
– infringes any intellectual property or other rights of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
– violates any law or may be considered to violate any law;
– impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
– advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
– solicits funds, advertisers or sponsors;
– includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
– disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
– includes MP3 format files;
– amounts to a ‘pyramid’ or similar scheme;
– disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
– contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Although under no obligation to do so, our Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither our Company nor any third party that provides Content to our Company will assume or have any liability for any action or inaction by our Company or such third party with respect to any Submission.
Security
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Our Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that our Company considers insecure, our Company will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, our Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Our Company reserves the right to investigate suspected violations of these Terms of Use. Our Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing our Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. By accessing this site, you waive and hold harmless our Company from any claims resulting from any action or inaction by our Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either our Company or law enforcement authorities.
Disclaimer
General Disclaimer
This site and all the information it contains is provided for educational and informational purposes only.
This site contains information written by a variety of sources, both internal and external. The material appearing on this site is provided for informational purposes only. It should not be used as a substitute for professional medical advice, diagnosis or treatment. Always consult your professional healthcare provider before beginning any new treatment, by proceeding with the use of this website and it’s products and services, you warrant that you have done so. It is your responsibility to research the accuracy, completeness, and usefulness of all opinions, services, and other information found on this site. Our Company assumes no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this site. This site may include guest posts and moderated comments containing the personal opinions of others. The opinions are not necessarily the views of our Company. Our Company does not control, monitor or guarantee the information contained in external web sites that are linked to from our site, and does not endorse any views expressed or products or services offered therein.
As with any business, your results from using this site our products and/or services may vary, and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire and motivation.
Our Company cannot guarantee your future results and/or success. There are unknown risks in business and on the Internet that our Company cannot foresee which could reduce results you experience. We are not responsible for your actions.
The use of our information, products and services should be based on your own due diligence and you agree that our Company is not liable for any success or failure of you or your business that is directly or indirectly related to the purchase and/or use of our information, products and services reviewed or advertised on this website.
Keeping You Safe
Do not use the products, services or any other materials provided on this Site and by The Feel Good Studio, whilst driving, operating heavy machinery or in any situation where you or any other person could become endangered if you lose focus. We want to keep you safe and sound.
Your Medical Needs
If you have epilepsy (some products may contain binaural beats) or a mental health condition, please obtain your Doctor’s approval before downloading our products.
Your Legal Obligations
Enjoy good karma and when you download your HypMeditation® recordings, by ensuring you don’t break the law by sharing these recordings with anyone else. If you purchased them, they are for you and you only, so enjoy this special time out just for you and let’s keep piracy at bay.
P.S. If you are a business, you will need to contact us and apply for a license before sharing these products within your business. We look forward to collaborating with you.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to the laws of New South Wales, NSW, Australia, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in NSW in connection with any dispute between you and our Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and/or federal courts in Sydney, NSW. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Company may revise these Terms of Use at any time by updating this posting.