These Terms of Service apply when you use or access this website or any of the Services such as in-person or online events, workshops, appointments, courses, distance healings, meditations and online resources.
- Application of these Terms of Service
The following terms, conditions and notices (collectively, the ‘Terms of Service’) apply to you when you use or access any part of the Site (www.jodiannemsmith.com) or the Services.
Please read these Terms of Service carefully, because they operate as an agreement between you and us.
By using or accessing any part of the Site or Services, you expressly consent to be bound by these Terms of Service, as amended from time to time. If you do not agree to any of these Terms of Service you must not use the Site or the Services.
Please note that these Terms of Service contain provisions that include disclaimers of warranties and limitations of liabilities, as well as arbitration provisions and class action waiver provisions.
If you are ordering a Service on behalf of another (except in your capacity as parent/guardian), it is your responsibility to make these Terms of Service known to them.
- Privacy Policy
These Terms of Service incorporate our Privacy Policy, which sets out how we will use your information. By using the Site or the Services, you consent to the processing of information in accordance with our Privacy Policy, as amended from time to time.
- Interpretation
Certain words are defined words, as indicated in the Definitions section at the end of these Terms of Service. These defined words have the same meaning in both singular and plural forms throughout these Terms of Service.
- Eligibility
You may only use the Site or the Services if you are at least eighteen (18) years old. We do not permit those under 18 to use the Site or the Services, however, in some circumstances, they may use the Site or the Services with the permission of their parent or guardian.
By ordering a Service, you are affirming that you are at least 18 years old, have the legal capacity to enter into a binding contract with us, and have read and agree to these Terms of Service.
- Non transferrable
Your rights under these Terms of Service to use the Site and the Services cannot be assigned or transferred to another without our express written consent.
We may assign or transfer our rights under these Terms of Service at any time, without notice to you.
- Individual results will vary
Results from the Services are dependent upon many factors, including:
- diligence in completing all sessions, tasks and practices as instructed, with appropriate commitment, willingness to feel your emotions, process your trauma and face what has been stored in your body; and
- personal beliefs, sensitivity to energy, openness to new concepts and the ability to practice relaxation.
For example, if a person is learning how to heal their trauma and emotional pain, each person will use different approaches and apply different levels of skill and experience.
If a person is receiving Healing Energy, the effect is cumulative and the benefits may not be perceivable to all recipients. There are also many factors that can influence the effectiveness of healing within an individual, such as lifestyle and diet.
Use of the Site and the Services is unmonitored and self-paced, so you acknowledge and agree that we do not guarantee or warrant any particular outcome.
Client testimonials in the Site, the Services or other promotional materials do not constitute a guarantee, warranty or prediction of a given outcome. The Site and the Services may not be suitable for all people and individual results will vary.
- Disclaimer as to medical, legal and financial advice
The information offered in the Site and the Services are designed for educational purposes only.
The Site and the Services cannot under any circumstances replace or substitute for the assistance of trained professionals in any areas, including, but not limited to, medical, legal or financial.
Please seek the advice of licensed/registered professionals, as appropriate, if you have concerns or questions in such matters. Do not disregard, avoid or delay obtaining professional advice because of information in the Site or the Services.
Nothing in the Site or the Services represents medical diagnosis, advice, treatment or care. The Site and the Services cannot under any circumstances be used as a justification to alter or replace the assistance, treatment, medication or advice provided by a licensed/registered healthcare professional.
Please consult a licensed/registered healthcare professional for any severe physical or psychological ailment that you may be suffering from, and in any situations where your symptoms persist.
While we have observed the benefits of the Services, we do not claim to diagnose or cure any condition of mind, body or spirit. We do not give medical advice, perform medical treatment, prescribe substances or interfere with the treatment of a licensed/registered healthcare professional.
The Site and the Services are safe to use alongside any professional healthcare and can support wellbeing for mind, body and spirit in a way that is needed.
Energy healing and spiritual practices such as meditation are intended as complementary therapies, or as an aid to personal relaxation or stress reduction, and are not meant to replace one-to-one healthcare with a licensed/registered professional.
- Payments
We must receive payment of the whole price for Services that you order before your order can be processed. Payment of the advertised price will be taken at the point of sale.
We make every effort to ensure that pricing and details are correct, however, we reserve the right to correct genuine errors. Where there are errors or inaccuracies (including the price) on the Site or other promotional materials, we will not process your order.
If an error or inaccuracy is discovered after your order has been completed, we will contact you as soon as possible by email to correct the error. In this case, you agree that (i) you will pay the corrected purchase price for the Service; or (ii) we will cancel your order and refund the purchase price.
- Site errors and changes to our Services
The Site Content and the Services may contain typographical, factual and other errors. We cannot and do not warrant that any of the Site Content or Services are accurate, complete, or current.
For instance, there is a wide range of beliefs about spirituality, consciousness, the afterlife, our purpose, ways to heal, and how best to maintain and maximise health. Many people may believe differently from what is presented here on this site. Each person is welcome to take the information provided that resonates, feels good or is useful and to ignore the rest. We will not enter into arguments about different beliefs, concepts or the validity of any information provided.
We manage the Site and the Services in our complete discretion and we reserve the right to modify these without notice, at any time and for any reason, including cancelling or rescheduling an Event or Service. We also reserve the right to not modify the Site or the Services.
We may suspend or terminate all or any part of the Site or Services without notice, including for periodic maintenance, equipment malfunctions, changes to our business operations or force majeure.
You acknowledge and agree that we will not be liable to you or any third party for any modification, suspension, or termination of the Site or the Services.
10. Cancellation and Refund Policy for Events
Event bookings are not transferable to another event, session or date.
If you’re unable to attend an Event, a substitute participant is welcome at no extra cost. Please email us to advise of the new participant’s name and contact details.
If you need to cancel an Event booking for any reason, the following cancellation policy applies:
- Cancellation requests must be made to us in writing by email.
- If you cancel 31 days or more before the date of the Event your full payment minus 25% will be refunded.
- If you cancel from 30 days to 15 days before the date of the Event your full payment minus 75% will be refunded.
- If you cancel 14 days or less before the date of the Event your full payment is non-refundable.
The above days are calendar days, not including the day on which the Event starts
11. If we make a cancellation
We may cancel your access to any portion of the Site or Services immediately, without prior notice, for any reason whatsoever.
If we cancel a Service, you are entitled to a full refund of the amount you paid us to purchase the Service, except where the cancellation is due to a Force Majeure or where we believe that:
- you (or someone who accesses the Site or the Services on your behalf) are in breach of these Terms of Service;
- fraud or an unauthorized or illegal transaction is suspected; or
- an error has occurred;
in which cases you are not entitled to any refund.
Where you are entitled to a refund of the purchase price, we accept no liability for any resulting costs suffered by you, for example travel, car parking, child care and accommodation expenses, changes in currency exchange rates, or the cost of other goods and services
12. Force Majeure
We will not be liable, or obliged to provide any refund of monies paid, for any delay or failure to host an event, or for your inability to attend an event, directly or indirectly due to any event of Force Majeure or other cause beyond our control.
13. COVID-19 Policy
Due to the global impact of COVID-19 we closely monitor the advice from world and local health, government and travel authorities and may be required to implement changes to our Event dates either:
- if and when advised by these authorities; or
- when we consider (in our absolute discretion) that there is not sufficient certainty that an Event will be able to proceed safely as planned.
Notwithstanding that COVID-19 is a Force Majeure, if the Event you have booked is rescheduled due to COVID-19, you will be entitled to select from one of the options below:
- Transfer your ticket to the rescheduled Event;
- Transfer the full cost of your ticket to any other Event, program or online course. If you select this option, we will issue you with a voucher for the full cost of your ticket for use within 12 months; or
- Cancel your tickets and the standard cancellation policy found in these Terms and Conditions will apply.
In the unlikely event that the Event you have booked is cancelled due to COVID-19, you will be entitled to select from one of the following options below:
- Transfer the full cost of your ticket to any other Event, program or online course. If you select this option, we will issue you with a voucher for the full cost of your ticket for use within 12 months; or
- Receive a refund for the full cost of your ticket.
Where an event is cancelled or refunded due to COVID-19, we accept no liability for any resulting costs suffered by you, for example travel, car parking, child care and accommodation expenses, changes in currency exchange rates, or the cost of other goods and services.
14. Exercise activities – Tension and Trauma Release Exercises (TRE), nature walks, other exercise activities.
You acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and you agree to take full responsibility for your health and wellbeing in relation to your use of the Services.
If you wish to participate in exercise activities associated with the Services, you acknowledge and agree that:
- you suffer from no medical or physical condition that will or might increase the normal risks associated with exercise; or
- your doctor has approved your participation in exercise activities in relation to the Services; and that
- you will inform us as soon as possible if you suffer from any new injury, illness or other medical condition; or you feel any pain or discomfort during an exercise activity; or you feel that any exercise included with the Services would be unsafe or uncomfortable for you.
If you are over 70 years old, you must obtain your doctor’s approval before participating in exercise activities associated with the Services.
We may in our sole discretion prohibit you from participating in an exercise activity and you must comply with all of our instructions in relation to our exercise activities.
15. Physical, mental and social care needs
We will, as far as is reasonably practical, provide Services that are accessible to all.
We understand that individuals who have particular physical, mental or social care needs may require additional support to access the Services.
When booking to attend an Event, you agree to inform us of the type and level of need you (or those you are making a booking for) may have. If there is a significant need, you must contact us prior to making a booking because unfortunately, we cannot provide the help that would normally be provided by a qualified or trained professional in an individual care setting.
Our Services are only appropriate for those who are willing to take full responsibility for their own inner wellbeing, and for the inner wellbeing of those in their care – be it emotionally, intellectually and/or spiritually. If you are not able to take full responsibility in this regard, you are not permitted to use the Services.
We do not have the resources and cannot safely manage people in crisis, including those suffering from drug withdrawal, drug addiction, self-harming behaviours or an episode of psychosis. If you develop an acute condition while using our Services, your care is primarily your own responsibility and, where relevant, the responsibility of your next of kin and external professionals.
Although we endeavour to respond appropriately to all enquiries we receive about the Services, we are not able to respond to all questions, requests for individual guidance or support throughout your use of the Services (such as online resources, courses, events, workshops). If you would like individual support this is only available as a paid service through in-person or online appointments.
16. Refusal of admission to an Event in certain circumstances
We may refuse entry to an Event or have you removed from an Event on valid grounds, including if:
- you fail to comply with these Terms of Service;
- we have not received payment for your ticket or you are unable to produce a ticket;
- you are intoxicated or you behave in a threatening, disruptive or offensive manner;
- you interfere unreasonably with another user’s enjoyment of the Services or the venue;
- you interfere unreasonably with our staff (including volunteers) carrying out their functions; or
- as specified elsewhere in these Terms of Service.
If we refuse entry to an Event or have you removed from an Event on valid grounds, we will not refund the price you paid for the Event and we accept no liability for any resulting damages or costs suffered by you, for example, travel, car parking, child care and accommodation or other goods or assistance.
17. Personal information
You agree that any information that you provide to us is true, current, accurate and complete and that you are not impersonating another person. This includes information such as your legal name, street address, email address, telephone number and financial transaction account information.
You further represent and warrant that:
- you have the legal right to use the financial transaction account with which you make purchases on the Site; and
- you grant us the right to provide your personal information to third parties where necessary to facilitate the processing of your order.
We will use information you have provided us, or that we have collected and retained relating to your use of the Site or the Services, in accordance with our Privacy Policy.
Our Site uses cookies and our Privacy Policy explains how we protect your privacy in our use of cookies and other information. You consent to our use of cookies in accordance with the terms of that policy.
All personal and sensitive information you give us will be managed in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of the Site or the Services will be confidential due to the potential ability of third parties to intercept and access such information.
18. Passwords and security
Accessing a portion of the Site may require you to create a login ID and a password (collectively, “Login”).
Your Login and any right given to you to use the Site are not transferable. You may not disclose to or share your Login with any third party, or use your Login for any unauthorized purposes.
It is your responsibility to keep your Login secure and confidential. Therefore, you are responsible for all access to and use of the Site that occurs under your Login, even if you have not authorized that access and use. You acknowledge and agree that we will treat any resulting transactions, obligations or liabilities as if you had used or accessed the Site.
If you have reason to believe that your access to the Site is no longer secure (e.g. loss, theft or unauthorized disclosure or use of your Login), you must notify us immediately, take steps to prevent it from happening again and promptly change the affected access information.
19. Intellectual property, copyrights and trademarks
The Site Content is solely our property and is protected by copyright, trademark, intellectual property and other laws in relevant jurisdictions.
You may not modify, copy, reproduce, republish, upload, download, post, transmit, adapt, distribute or in any way exploit Site Content, including code and software, for any purpose unless expressly agreed to by us in writing. In any case, no such actions grant you ownership rights to Site Content and nothing in these Terms of Service gives you a license to any intellectual property rights.
From time to time we may provide materials for download. If you download material from the Site or from an email communication in connection with the Services, the material (which includes all files and images contained in it or generated by it and accompanying data) is deemed to be licensed to you by us for your personal, non-commercial use only, provided you:
- keep intact all copyright and other proprietary notices;
- do not copy or post the material on any networked computer or any other type of media
- do not modify the material
- make no representations of ownership
- do not sell, redistribute, reproduce, decompile, reverse-engineer or disassemble the material, and
- do not use any content in a manner that suggests an association with us or with any of our products or Services.
Please note that any materials downloaded by you from the Site, or via a link pointed to by the Site, or from an email communication in connection with the Services, are downloaded, installed, and used entirely at your own risk.
If you wish to use text, videos, audios, images or other of our intellectual property for non-personal use, commercial purposes, or other than as permitted here, you should submit your request to us in writing.
We respect the intellectual property rights of others. If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please contact us with details of the alleged breach.
20. Third-party links
The Site may contain links to third-party websites or products that are not owned or controlled by us and we accept no responsibility for the quality, accuracy or completeness of these. It is your responsibility to read the terms, conditions and privacy policies of any third-party websites or products that you access.
You acknowledge and agree that we accept no liability for any damage or loss arising out of or in connection with the use of or reliance on any such websites or products.
You may not link to the Site without our prior written approval. If you would like to link to the Site, please send your request to us in writing.
21. Your testimonials, reviews and other feedback
You acknowledge and agree that if you provide us with a review or testimonial, or send comments, ideas, artworks or other materials to us (collectively, ‘Feedback’), such Feedback will become our property.
We reserve the right to use it (including your name, occupation, city and country of residence) in whole or in part, for any purpose, without limitation and in our absolute discretion. We also reserve the right to make grammatical and other appropriate corrections prior to our use of the Feedback.
If for any reason such assignment of the property rights is ineffective, you agree:
to grant us a royalty-free, non-exclusive, perpetual, irrevocable, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction;
that we may use your Feedback with no obligation of confidentiality, without any payment or compensation being offered and without any request being made to you.
22. Photographs, recording and privacy at Events
You are not permitted to take audio, video or photographic recordings at an Event. We reserve all multimedia rights.
Events will also include recording and/or live streaming of audio, video and photographic footage which may include the image, likeness and voice of anyone at the Event (‘Event Footage’).
By attending and/or booking an Event, you acknowledge that the Event Footage is our property. We reserve the right to use Event Footage in whole or in part, for any purpose, at our absolute discretion. However, we are not obliged to use, broadcast or provide to you any Event Footage.
If for any reason such assignment of the property rights to Event Footage is ineffective, you agree:
- to grant us a royalty-free, non-exclusive, perpetual, irrevocable, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit the Event Footage without restriction; and
- that we may use the Event Footage with no obligation of confidentiality, without any payment or compensation being offered, and without any request being made to you.
You agree and acknowledge that your presence at an Event, and the presence of those who attend the Event under your booking:
constitutes express and irrevocable consent to our recording of attendees’ image, likeness and voice; and
is a waiver of any and all legal claims in relation to Event Footage, without limitation.
23. Consumer protection laws
Some jurisdictions provide certain statutory guarantees for consumers which cannot be excluded, and nothing in these Terms of Service modifies or excludes those guarantees. In those jurisdictions, these Terms of Service will be applied to the greatest extent enforceable under applicable law.
24. Permitted use of the Site
You must not use or access the Site for any purpose except as expressly permitted by us. In particular, you agree that you must not:
post, transmit or disseminate any information on or via the Site which is or may be harmful, obscene, defamatory, fraudulent or otherwise illegal, or which conflicts with the Site or the Services;
use ‘screen scraping’, any automated algorithm, device, method, system, software or manual process to access, use, search, copy, monitor or extract material (in whole or in part) from or through using the Site unless we have given our express written agreement;
use the Site in a manner which causes or may cause an infringement of the rights of any other;
make any unauthorised, false or fraudulent purchase;
use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Site including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
deface, alter or interfere with the front end ‘look and feel’ of the Site or the underlying software code;
take any action that imposes an unreasonable or disproportionately large load on the Site or related infrastructure;
permit any automatic registration, logging in or access to any of the material on the Site;
obtain or attempt to obtain unauthorised access, via whatever means, to any of our networks or accounts or to information about other users;
disclose confidential information of any person or entity including without limitation our confidential information;
upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial business or other organisation;
allow or authorise any third party to use the Site in a way that conflicts with these Terms of Service, the Site or the Services.
25. Limitation of liability
Use of the Site or the Services is at your sole risk. You agree and acknowledge that you have full responsibility for all costs associated with the use of the Site or the Services and that we will not in any form be liable for damages of any kind related to such use, even if we have been advised of the possibility of damage or loss.
In other words, we will not be liable for any loss, damage, personal injury, cost, expense or liability of any kind (whether based on breach of contract, tort (including negligence), product liability, legal expenses or otherwise), arising out of or in any way connected with the use, inability to use, or performance of the Site or the Services, including costs and expenses that may be incurred where a Service is cancelled or rescheduled.
This includes, but is not limited to:
- any compensatory, incidental, direct, indirect, special, punitive, exemplary, contingent, reliance or consequential damages;
- loss of data, loss of income or profit, lost savings, harm to business, loss of or damage to property, loss or denial of service, business interruption;
- any loss, damage or injury arising from your negligent acts or omissions, any pre-existing medical condition, your breach of these Terms of Service, or your reliance on reviews and opinions about the Site or the Services;
- claims of third parties; and
- other losses of any kind.
Notwithstanding any damage or loss that might be incurred, our limitation of liability in all cases will not exceed the amount paid to us to purchase the applicable Services, or $10 Australian Dollars if no purchase has been made.
26. Disclaimer of warranty
The Site and the Services are provided ‘as is’ and ‘as available’ to the maximum extent permitted by law.
We, and our licensors and suppliers, disclaim any and all warranties, express or implied, whether verbal, in writing or in electronic form. This disclaimer includes, but is not limited to:
- Warranties about the accuracy, suitability, reliability, title, merchantability, non-infringement, quality, completeness or fitness for a particular purpose of the Site, the Services or a third-party website or product;
- Warranties about the results or outcome of using the Site or the Services;
- Warranties that the functions of the Site or Services will be without fault, uninterrupted, timely or secure, that defects will be corrected or that the Site or the server that makes it available are free of viruses or other harmful components; and
- any other warranty, condition, guarantee or representation.
If dissatisfied with the Site or the Services, or with any of these Terms of Service, the only remedy is to discontinue using the Site and the Services.
27. You indemnify us
You agree to indemnify, defend and hold us harmless from any and all claims, damages, costs and expenses (including legal fees) arising from or in any way related to use or attempted use of the Site or the Services, including any liability or expense incurred by you or any third parties through you.
You also agree to indemnify, defend and hold us harmless from all claims, damages, costs and expenses (including legal fees) relating to:
Your breach of these Terms of Service, including, but not limited to, any errors, inaccuracies, misrepresentations or defects in any materials or information submitted by you; or
Your violation of any law or the rights of a third party.
28. Disputes settled informally or by arbitration
If you have any concern, claim or dispute about the Site or the Services, you must first try to resolve the dispute informally by contacting us. Similarly, if we believe we have a claim against you, we will do the same with you.
Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English.
You acknowledge and agree that you are waiving the right to a trial by jury and that the rights you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist.
Any decision by the arbitrator will be binding on you and us, and the costs of the arbitration will be borne by the non-prevailing party.
You acknowledge and agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt-out of any class action proceeding against us.
29. Governing law
These Terms of Service are governed by and shall be construed in accordance with the laws of the state of South Australia, Australia.
You acknowledge and agree that by visiting, purchasing, using or accessing any part of the Site or the Services you will submit to the exclusive jurisdiction of the courts having jurisdiction in the state of South Australia, Australia.
We retain the right to bring proceedings against you in your country of residence or any other appropriate country or jurisdiction.
30. Complete agreement
These Terms of Service contain all the terms of your agreement with us when you use or access any part of the Site or the Services. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated unless indicated in these Terms of Service.
In the event of any inconsistency between these Terms of Service and any information posted on the Site or made available through the Services, these Terms of Service shall prevail.
31. Waiver and severability
Our failure to enforce any provision of these Terms of Service or respond to a breach by you or others shall not constitute a waiver of our right to enforce any provision of the Terms of Service as to that breach or any other.
If any part of these Terms of Service is deemed unenforceable or invalid by an arbitrator or an appropriate court of competent jurisdiction, then:
the other parts will continue in full force and effect; and
if the unenforceable or invalid provision could be changed and interpreted to accomplish the objectives of the provision, such change and interpretation will be made effective to the greatest extent permissible by law (for example, if a provision would be enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect).
32. Amendment to these Terms of Service
We may from time to time change these Terms of Service. The most current version of the Terms of Service will always be available on the Site, and it is your responsibility to review it regularly.
If you use or access any part of the Site or the Services following the posting of any changes to the Terms of Service, you agree to be bound by the revised terms. If you do not agree to any of the new terms, you are not permitted to use the Site or the Services and your only remedy is to discontinue using them.
33. Definitions
‘Days’ means calendar days.
‘Healing Energy’ means the transmission of healing energies such as reiki, divine love, divine light, peace and universal chi to a group or individual (adult, child or animal). This includes, but is not limited to, Healing Energy transmitted through in-person or online workshops, courses, events or through a video recording.
‘Event’ means one of our events that you are booking and/or attending, and includes but is not limited to courses, classes, retreats, webinars and free events.
‘Force Majeure’ are forces beyond our control and include, but are not limited to, acts of God, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, local or international crises such as pandemics, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
‘Services’ means a program or resource offered by us to you and includes, but is not limited to, Events, Workshops, Courses and all resources on the Site.
‘Site’ means www.jodiannemsmith.com which is owned and operated by Dr. Jodi-Anne M Smith, and it includes the Site Content.
‘Site Content’ includes, but is not limited to, all uploaded files, text, videos, audios, articles, file content, codes, news, tutorials, courses, webinars, layout design, instructions, data, graphics, trademarks, logos and forum posts contained on the Site or in connection with the Services.
‘We’, ‘us’, ‘our’ etc. means Dr Jodi-Anne M Smith and any subsidiaries, affiliates, successors, directors, officers, employees, volunteers and agents.
‘You’ or ‘your’ etc. means the individual accessing or using the Site or the Services, or the company or other legal entity on behalf of which such individual is accessing or using the Site or the Services, as applicable.
Contact
For any questions or notices, please contact us here or email us at: hello@jodiannemsmith.com