WEBSITE TERMS AND CONDITIONS OF USE
⦁About the Website
Welcome to www.healingcode.com.au, www.healingcodesolution.com or www.healingcodesolution.com.au (the ‘Website’).
The Website is operated by Cydan Energy Pty Ltd trading as The Healing Code Solution (ABN 40 641 886 599). Access to and use of the Website, or any of its associated Products or Services, is provided by Cydan Energy Pty Ltd trading as The Healing Code Solution. Please read these terms and conditions (the ‘Terms ‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any Services, immediately.
Cydan Energy Pty Ltd trading as The Healing Code Solution reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Cydan Energy Pty Ltd trading as The Healing Code Solution updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
⦁Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Cydan Energy Pty Ltd trading as The Healing Code Solution in the user interface.
⦁Registration to use the Services
In order to access the Services, you must first register for an account through the Website (the ‘Account’).
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
-Email address
-Preferred username
-Mailing address
-Telephone number
-Relevant current emotional and physical symptoms
You warrant that any information you give to Cydan Energy Pty Ltd trading as The Healing Code Solution in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered customer of the Website (‘Customer ‘) and agree to be bound by the Terms.
You may not use the Services and may not accept the Terms if:
-you are not of legal age to form a binding contract with Cydan Energy Pty Ltd trading as The Healing Code Solution; or
-you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
⦁Your obligations as a Customer
As a Customer, you agree to comply with the following:
-you will use the Services only for purposes that are permitted by:
-the Terms; and
-any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
a)you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
b)any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Cydan Energy Pty Ltd trading as The Healing Code Solution of any unauthorised use of your password or email address or any breach of security of which you have become aware;
c)access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Cydan Energy Pty Ltd trading as The Healing Code Solution providing the Services;
d)you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Cydan Energy Pty Ltd trading as The Healing Code Solution;
e)you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Customers by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
f)you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Cydan Energy Pty Ltd trading as The Healing Code Solution for any illegal or unauthorised use of the Website; and
g)you acknowledge and agree that any automated use of the Website or its Services is prohibited.
⦁Payment
Where the option is given to you, you may make payment for the Services (the ‘ Services Fee’) by way of:
-Electronic funds transfer (‘EFT ‘) into our nominated bank account
-Credit Card Payment (‘Credit Card’)
-PayPal (‘PayPal’)
-Cash (‘Cash’)
-4 part payments via Credit Card (‘Credit Card’)
All payments made in the course of your use of the Services are made using Limepay, Stripe and Paypal. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Limepay, Stripe and Paypal terms and conditions which are available on their website.
You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
You agree and acknowledge that Cydan Energy Pty Ltd trading as The Healing Code Solution can vary the Services Fee at any time.
⦁Cancellation Policy
Cydan Energy Pty Ltd trading as The Healing Code Solution will permit cancellation of a booked session with at least 48 hours notification to be eligible for rescheduling of a session. Cydan Energy Pty Ltd trading as The Healing Code Solution will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Cydan Energy Pty Ltd trading as The Healing Code Solution makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’).
⦁Copyright and Intellectual Property
The Website, the Services and all of the related products of Cydan Energy Pty Ltd trading as The Healing Code Solution are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Cydan Energy Pty Ltd trading as The Healing Code Solution or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Cydan Energy Pty Ltd trading as The Healing Code Solution, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Customer to:
-use the Website pursuant to the Terms;
-copy and store the Website and the material contained in the Website in your device’s cache memory; and
-print pages from the Website for your own personal and non-commercial use.
Cydan Energy Pty Ltd trading as The Healing Code Solution does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Cydan Energy Pty Ltd trading as The Healing Code Solution.
Cydan Energy Pty Ltd trading as The Healing Code Solution retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
-business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
-right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
-thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
You may not, without the prior written permission of Cydan Energy Pty Ltd trading as The Healing Code Solution and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
⦁Privacy
Cydan Energy Pty Ltd trading as The Healing Code Solution takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Cydan Energy Pty Ltd trading as The Healing Code Solution’s Privacy Policy, which is available on the Website.
⦁General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Cydan Energy Pty Ltd trading as The Healing Code Solution does not provide medical diagnosis. Emotion Code and Body code and other modalities offered is an alternative healing method (done remotely, via distant healing or in person), and although there is evidence that energy healing is effective treating physical, mental, and spiritual conditions, the method is considered alternative or complementary by medical professionals and official medical facilities.
These healing methods can bring up personal and or challenging discussions about intimate topics and issues, including deep-seated trauma, which may come up that will need addressing but not be necessary to reveal for the healing process.
Cydan Energy Pty Ltd. trading as The Healing Code Solution staff are not medical doctors or other licensed health care professionals, and cannot and will not provide you with any kind of medical care, treatment, or diagnosis in relation to the physical health or wellbeing of your body. Any essential oils, foods or any other lifestyle and/or healthcare suggestions that come up within the healing sessions are only suggested. You are required to make the decision whether it is right for you and your body. Energy healing is not a substitute for medical or psychological treatment from licensed and registered healthcare professionals. You should seek professional medical advice before making any health decision.
Any information, stories, examples, or testimonials presented on this website do not constitute a warranty, guarantee, or prediction regarding the outcome of a treatment or healing with Cydan Energy Pty Ltd trading as The Healing Code Solution.
While reasonable steps have been undertaken to ensure that the materials, links, information, services and other resources contained on this website and blog are free from error, to the extent permitted by law, which law cannot be excluded, Cydan Energy Pty Ltd. trading as The Healing Code Solution does not warrant the accuracy, adequacy or completeness of content.
⦁Subject to this clause, and to the extent permitted by law:
-all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
-Cydan Energy Pty Ltd trading as The Healing Code Solution will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
-Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Cydan Energy Pty Ltd trading as The Healing Code Solution make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Cydan Energy Pty Ltd trading as The Healing Code Solution) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
-failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
-the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
-the website may contain a number of links to other Internet sites which are operated by third parties. The provision of the link does not mean that Cydan Energy trading as The Healing Code Solution endorses or accepts any responsibility for the content, use, or products and services made available through the associated web sites. By utilizing these links, you acknowledge and agree that Cydan Energy trading as The Healing Code Solution is not responsible for the actions, content, accuracy, privacy policies, opinions expressed, services provided, goods sold, or other links provided by these sites. You further acknowledge and agree that Cydan Energy trading as The Healing Code Solution is not responsible either directly or indirectly for any damage or loss caused by use of or reliance on linked sites. Should you have any questions regarding these sites, you should address them directly with the relevant site administrator.
-costs incurred as a result of you using the Website, the Services or any of the products of Cydan Energy Pty Ltd trading as The Healing Code Solution; and
-the Services or operation in respect to links which are provided for your convenience.
⦁Limitation of liability
Cydan Energy Pty Ltd trading as The Healing Code Solution’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Cydan Energy Pty Ltd trading as The Healing Code Solution, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, (1) any loss of profit (whether incurred directly or indirectly), (2) any loss of goodwill or business reputation and any other intangible loss.(3) any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or (4) line or system failure or the introduction of a computer virus, or other technical sabotage; or (5) any content on the website published by a third party; or (6) any personal injury or death arising out of healing, communication with Cydan Energy Pty Ltd trading as The Healing Code Solution, and your use of this website and the information, ideas, suggestions, techniques, and other materials
⦁Termination of Services
Cydan Energy Pty Ltd trading as The Healing Code Solution may at any time, terminate the Terms with you if:
-you have breached any provision of the Terms or intend to breach any provision;
-Cydan Energy Pty Ltd trading as The Healing Code Solution is required to do so by law;
-the provision of the Services to you by Cydan Energy Pty Ltd trading as The Healing Code Solution is, in the opinion of Cydan Energy Pty Ltd trading as The Healing Code Solution, no longer commercially viable.
-Subject to local applicable laws, Cydan Energy Pty Ltd trading as The Healing Code Solution reserves the right to discontinue or cancel your use of services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Cydan Energy Pty Ltd trading as The Healing Code Solution’s name or reputation or violates the rights of those of another party.
⦁Indemnity
You agree to indemnify Cydan Energy Pty Ltd trading as The Healing Code Solution, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
-all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
-any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
-any breach of the Terms.
⦁Venue and Jurisdiction
The Services offered by Cydan Energy Pty Ltd trading as The Healing Code Solution is intended to be viewed by globally. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
⦁Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.