Terms and Conditions

Version 1.9.3
19 November 2023

This website is operated by Clarity of Mind Limited. Clarity of Mind Limited is a limited liability company incorporated and operating in New Zealand.

These terms and conditions, our various policies, and the use of our websites, products, and services, are governed by the laws of New Zealand.

In using any Clarity of Mind Limited web sites, products or services you are agreeing to be bound by these terms and conditions. If you do not agree with this, you may not use our web sites or our products or services.

Congratulations!

You have made it to our terms and conditions page. As a special reward for your diligence, our aim is to make this as simple and straightforward as possible. This means that we will attempt to use plain English.

We aim to be as transparent as possible, while taking practical steps to ensure the security of your data. Our privacy policy outlines what we do with your data and how long we keep it.

Lightning summary

• All interactions with us (including your use of this site) are governed by New Zealand law.
• We own everything that we create including this site. You are not allowed to steal any of it.
• We cannot guarantee that our products or services will give you the results you want.
• In particular, we are not lawyers, accountants, financial advisors or a part of any regulated industry. Anything we present is for your education and should not be taken as professional advice. Your use of our websites, products or services is entirely at your own risk.
• If you purchase a product and it is physically damaged prior to you taking possession of it (for example, a broken DVD or a corrupted recording), we will replace, repair or refund at our discretion.
• If you purchase a product or service from a third party linked from our site, you agree that such transactions are entirely between you and the third parties. We will have no liability for anything associated with such transactions even if we receive payment as a result of your purchase.
• We do not offer refunds for our services.
• You agree to tell us about any medical conditions that could impact on your sessions.
• You agree not to engage our services to mask any kind of medical condition without first acquiring approval from an appropriate medical professional.
• You agree that you will not seek any kind of damages from us, and that your only remedy will be to discontinue use of our products and services.
• You agree that you will never hold Clarity of Mind Limited, associated entities (including companies), or our staff or officers, liable for anything at all.
• You may not use our products or services if you are covered by a current UN sanction.
• Any licenses purchased from us are non-transferable and for personal use only.
• You may not steal our stuff.

Disclaimer

We are not accountants, lawyers, financial advisors or any other kind of advisors. As such, any information we may present around these is given only as an example. It is important that you engage your own accountant, lawyer, financial advisor, or other appropriate professional whenever you need advice.

We are not medical professionals, and cannot provide advice around any medical issues you may encounter. You should always seek professional medical advice around any medical concerns you may have.

We present information with the intent of causing specific changes through a variety of means, including storytelling. Because of this, you should carry out your own due diligence on any information presented anywhere in our websites, products or services. You agree that we are not liable for any incorrect information we may supply or any use thereof by anyone.

Your use of any of our websites, products, services, or information provided by us is entirely at your own risk.

Ownership and copyright

Everything produced by Clarity of Mind Limited (including this web site and these terms and conditions) is owned by Clarity of Mind Limited and may contain materials licensed from third parties. You may not make copies or derived works.

Our products and services

We offer a range of products and services.

When you purchase any of our products, you have rights under various New Zealand Acts of Parliament. You can usually check out the details on the relevant New Zealand Government web pages. These include the Consumer Guarantees Act and the Fair Trading Act. Our underlying guiding principle is to always treat you and the information we present to you in a fair manner such that you can make an informed decision.

We will replace, repair or refund any Clarity of Mind Limited product purchased from us that is found to have an unexpected physical defect at our discretion. This means, for example, that if you purchase a DVD and it does not play in a working DVD player of the correct zone, we will replace or refund it. Similarly, if you purchase a recording, and receive a corrupted file, we will send you a non-corrupt version, or will refund if this is not possible. We aim to provide accurate descriptions for all of our products and services.

Because of the nature of hypnosis, we make no claim that the material contained in any of our products will give you any kind of results. Similarly we cannot guarantee any results from the use of our services.

Being hypnotised is a skill like any other, and everyone exists at a different point on this spectrum. We don’t know you, so there is no way for us to judge where you are on this spectrum.

We do not offer refunds for our services, including programs and group sessions.

Use of our products or services is entirely at your risk.

Additionally, we may provide links to third party products and services. Where we do this, we will usually receive payment should you choose to purchase via our link. You agree that such transactions are entirely between you and the third parties, and that we have no liability of any kind for anything associated with products or services provided by third parties.

Hypnosis, machinery and driving

Hypnosis may cause altered states of mind. You agree to not use any of our products or services while engaged in activities where lack of attention could be dangerous. In particular, you will not listen to any of our products, or engage any of our services, while operating machinery or driving.

Results

We cannot guarantee any results of any kind from your use of our products or services.

Cancellation

When you book a session, program or programme with us, we require non-refundable payment at time of booking. We may in certain circumstances allow you to reschedule at our discretion. Sometimes we may also need to reschedule at very short notice due to unforeseen circumstances, such as illness or complications with previous customers.

One-on-one sessions

We hold one-on-one sessions both in-person and online. We will aim to be on-time for these sessions. However, the safety of our customers is a priority for us, which means that sometimes sessions may run over time. This means that we may be late on occasion. Where possible we will notify you when this happens.

If you are late for a one-on-one session, the session will end on time, and you will be billed for the session as if you had arrived on time. This includes situations where you do not show up at all. No refunds will be made.

Group sessions

We offer group sessions. When taking part in group sessions, you agree to be respectful of all others present. You understand that such sessions may involve exposure to personal information, and you agree that any and all material disclosed by anyone at those sessions is confidential and that you will not repeat it outside of the session. Furthermore, you agree that Clarity of Mind Limited and associated persons and entities will never be held liable for such disclosures.

You agree to not participate in group sessions while you are undergoing psychological treatment of any kind. If in doubt, please discuss with us first and we will help you to decide whether your participation may be appropriate.

Training courses

Our training courses are generally recorded. This means that a requirement of attendance is that participants sign a release. All participants must be mature.

If you are undergoing psychological treatment of any kind, you agree to discuss with an appropriate medical professional before signing up for any of our in-person training courses and you agree to get agreement from that appropriate medical professional that the training is suitable and that you can attend safely.

Safety and negative reactions

Customer safety is a very high priority for us. While hypnosis itself is a very safe and natural process, it does involve digging around in your mind. If you have experienced negative psychological events in the past (including such things as trauma, depression, abuse, bullying and anything else negative), this can sometimes be triggered by hypnotic processes. In the event that this happens, we will take appropriate measures to guide you through it safely. However, we are not psychologists, and at times it may be necessary to refer you on to those more equipped to deal with such things.

This also means that your session may sometimes be delayed if we are dealing with a negative reaction from an earlier customer. Where possible we will endeavour to inform you of the delay as soon as possible. For privacy reasons, we will not be able to disclose the reasons for any delay.

Under no circumstances will we be held liable for any negative reactions you may have in relation to using our websites, products or services.

Medication and medical treatment

If you are undergoing any kind of medical treatment, you agree to proceed with hypnosis only with approval from an appropriate medical professional. You agree to disclose to us any conditions you are aware of that may have an impact on your experience of hypnosis.

Hypnosis requiring medical approval

Our services include hypnosis for pain control and management. You agree to seek written approval from an appropriate medical professional (usually your GP) prior to undergoing hypnosis for anything to do with pain. Pain is an important signal inside your body, and it is important to seek medical advice whenever you experience it. Hypnosis may effectively mask pain, so it is very important to find out what is causing the pain from an appropriate medical professional first.

In short: We will use hypnosis to mask your pain only if your doctor says it is ok first.

Contact lenses

If you wear contact lenses, ensure that you remove them prior to any sessions. It is common for the eyes to roll up during hypnosis, and it would be bad if this happened while you were wearing contact lenses.

Limitation of liability

You agree to hold Clarity of Mind Limited and associated persons and entities, non-liable for anything and everything, to the maximum extent permissible under New Zealand law. You agree that your sole remedy is to discontinue use of our products and services.

To be completely clear: you don't get to sue us or hold us liable for anything at all, ever.

Also, we really should not have to say this because it should be abundantly clear, but: you agree to never participate in any kind of class action against us in any manner.

Age restriction

You must be legally able to enter into a contract with us in order to use any of our websites, products or services. This means that you must be at least 18 years old. If you are younger than 18, your parent or guardian will need to provide written consent for such use before you can use any of our websites, products or services.

Severability

In the event that any part of these terms and conditions (including any additional policies such as our privacy policy and cookie policy) is found to be incompatible with New Zealand law, these terms and conditions will be considered to be modified by the minimum amount possible to allow compliance while following as closely as possible the original intent. By way of example, this means that if a specific clause is found to be non-compliant, the rest of the terms and conditions should be interpreted as if that clause were modified in such a way as to make it compliant, including its potential removal, such that the overall terms and conditions remain as close as possible to the original intent.

Disputes

Any disputes will be processed at an appropriate venue in New Zealand, in a location selected by Clarity of Mind Limited. Our preference is to avoid dispute altogether.

Updates

These terms and conditions (along with any policies) may be updated from time to time. If you are on our notification list, we may send you a notification when these updates occur.

It is your responsibility to check that you agree with our current policies, terms and conditions before any instance of engaging our web sites, products or services.

Technological safety

We strive to keep our systems safe for use and virus free. However, we cannot guarantee that we will always succeed at this. You agree that we are not liable for undesirable effects that use of our websites, services or products may have on anything at all.

Licenses

Any material acquired (by purchase, free giveaway, or other means) from this site is licensed for personal use only and the license is non-transferable. You may use the material only on devices you personally own.

Copyright

All material on or supplied by this site is copyrighted with all rights reserved and YOU MAY NOT COPY IT. Copyright infringement is a criminal act and places a major drain on a small business like ours. If you copy material from this site, you agree that you and your service providers will pay us anywhere from tens of thousands to millions of dollars or more per instance on demand. And you will be required to cease and desist immediately. Check out our privacy policy for further details. You may also face penalties including fines of up to $150k per instance, and up to 5 years in prison.

Legitimate search engines, as identified solely by us, may perform their usual indexing operations to help people find us in accordance with our robots.txt and other site and page settings, and are encouraged to do so.

Some images on this site are licensed through third parties. Please contact us by emailing info@clarityofmind.co.nz if someone has illegitimately supplied us with one of your images and we will take it down and supply you with their details.

UN Sanctions

We are unable to supply products or services to anyone who is covered by a current UN sanction. If you are resident in one of the sanctioned countries, or otherwise covered by such a sanction, you may not use our products or services. This applies even when the sanctions do not fully prohibit us from trading with you. You can find more details at the official website for New Zealand Foreign Affairs and Trade.

Contact

We can be contacted by mailing Clarity of Mind Limited, PO Box 1685, Paraparaumu Beach 5252, New Zealand, or by emailing info@clarityofmind.co.nz.