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Terms and Conditions / Privacy Policy

Terms and Conditions

Last updated August 13, 2023

AGREEMENT TO OUR LEGAL TERMS

We are Vivify-me™ and Results Therapy Hypnotherapy, set up under HEED Inc. ("Company," "we," "us," "our"), a company registered in Canada in Calgary, Alberta.

We operate the website http://www.vivify-me.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

The services provided by Vivify-me™ are hypno-coaching services to the you / buyer in the form of webinars, audio and / or visual presentations, or in person sessions.

The services provided by Results Therapy Hypnotherapy are hypnotherapy sessions delivered either virtually or in person.

You can contact us by phone at 1-403-771-1580, email at theteam@vivify-me.com.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and HEED Inc., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all these Legal Terms. If you do not agree with all these legal terms, then you are expressly prohibited from using the services and you must discontinue use immediately.

We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by theteam@vivify-me.com,  as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

Contents

The Agreement

You are entering into (the “Agreement”) by VIVIFY-ME™ (“YOU” or “YOUR”) (collectively the “Parties” and individually “Party”). In consideration of the promises and mutual covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

Membership and Program Fees

  1. Program. Under the terms of this Agreement, vivify-me™ agrees to provide hypno-coaching services to you in the form of webinars, audio and/or visual presentations, or if agreed with the program coach, in person sessions. Your access to the program is conditional on receipt of the Program Fee (see point 3.)
  2. Term. This Agreement will commence upon YOUR acceptance of this Agreement and payment of the Program Fee. YOU agree and understand that upon commencement of this Agreement, you will become enrolled in the Program.
  3. Program Fee. Single payment of CAD$1250.00 plus GST is required upon purchase.

By entering into this Agreement, you agree and understand that you are committing to pay vivify-me™ for the program vivify-me™. The Program Fee is for the entire program vivify-me™, which includes six (6) online virtual sessions, associated online resources and email support plus any other materials/sessions/reports as laid to on the vivify-me™ website.

Commitment to the Program

  1. By entering into this Agreement, you commit and agree to faithfully execute all the lessons, assignments, and course work in the Program to the best of your ability. You also acknowledge that creating results requires sustained effort and that they are prepared and committed to faithfully make that effort.
  2. Standards of behaviour. We will use best practice at all times and adhere to the standards of conduct as stated by my governing bodies. In return by attending your session you agree to the following standards of behaviour:
    • Be free from drugs and alcohol (except medication prescribed by your doctor).
    • You will not harm yourself or others (including any employees of the Company) or any property belonging to the Company or others.
    • Take your therapy seriously and treat the Company and the Company’s therapists with respect.
  3. If you are running late, please let us know as soon as possible. We will do our best to make a full session available, but this often depends on appointments subsequent to your booking and so cannot be guaranteed. If your session needs to be curtailed due to your late arrival, then the session fee remains payable in full.
  4. We will always do our best to help you achieve a successful outcome to your therapy. However, you accept that an agreement to work on an issue does not mean that a particular outcome to vivify-me™ or hypnotherapy received can be guaranteed. Fees are payable for your sessions and the time and expertise of the therapist, regardless of the outcome. Results may differ from person to person.

Privacy and Confidentiality

Keeping and maintaining records is required for all clients and for anyone who makes an enquiry. These records are kept both in written form and electronically. Your information will be protected by reasonable security safeguards against loss and theft, unauthorised access, or use. Your information will never be sold or distributed unless required by law.

You will be added to our mailing lists to receive newsletters and exclusive offers. If you wish to be removed from these, you can unsubscribe at any time or notify the Company in writing. Spam will never be sent to you.

For supervision and training purposes and continuing professional development (CPD) anonymous case histories may be shared with other hypnotherapists or hypnotherapy publications (including our website and Facebook page) Anonymous means your personal details are removed and no information that might identify you is used. If you do not wish your information to be used in this way, please inform the Company via email.

The Company will always respect client confidentiality except if:

Promotional Material and User Contribution

By entering into this agreement, you affirmatively agree and acknowledge that vivify-me™ as ‘vivify-me™’ may at any time reproduce and/or disseminate any testimonial describing or otherwise referencing, either directly or indirectly, your experience in the program, including any specific results experienced by you over the course of your participation. You agree and acknowledge that this includes any written statements you may publish through social media accounts and online forums, as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event related to the program. You further represent and warrant that any statements or testimonials that you make shall be correct, accurate, and truthful.

Additionally, you irrevocably and permanently grant, assign and convey to vivify-me™ in perpetuity the right to use, film, broadcast, distribute, license and sublicense, and exhibit in any form now or later developed, including publications for promotion on website entries and social media sites, your name, likeness, image, photograph, voice, and video as related to and in conjunction with your attendance of any program event and/or participation in the program (collectively “the materials”). The materials may include video of your participation in program sessions. You irrevocably and permanently waive any right to royalties or other compensation arising from or related to the use of the materials.

Purchases and payment

We accept the following forms of payment via Stripe at www.vivify-me.com :

When you make payment, you agree to:

Non-transferability

The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement. 

User registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

User representation

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

User data

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the three (3) month period prior to any cause of action arising. Certain us state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

Disclaimer

Success not guaranteed. By entering into this agreement, you agree and understand that vivify-me is only granting you access to the program which is designed to teach you techniques intended to help you take control of your emotional wellbeing to use to achieve the goals you set out for when purchasing the program. Vivify-me guarantees no specific results. You take full responsibility for your own success. You acknowledge that everyone's success is different and depends on numerous factors, including, but not limited to, your own dedication, openness, coachability, resourcefulness, and motivation. Any examples of testimonials are not meant as a promise or guarantee of your success, and you should not rely upon them in any manner whatsoever. Please be aware that you are completely and totally responsible for your own success, and there is a risk you may not achieve the results you want or that others achieve. 

The services are provided on an as-is and as-available basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the services' content or the content of any websites or mobile applications linked to the services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4 r violation of the rights of a third party, including but not limited to intellectual / rights; or (5) any overt harmful act toward any other user of the Services with an you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Limitations of liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the three (3) month period prior to any cause of action arising. Certain us state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

Governing Law

These Legal Terms shall be governed by and defined following the laws of Canada. HEED Inc. and you irrevocably consent that the courts of Canada shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

Contact Us

If you wish to receive further information or have a query regarding the use of the Services and this agreement, please contact us at theteam@vivify-me.com.

PARTICIPANT REPRESENTATION

I hereby make the following representations and warranties to the Company prior to my receipt of the Services, and agree to notify the Company, prior to the receipt of any further Services should any of the foregoing become untrue:

PARTICIPANT ACKNOWLEDGEMENTS AND CONSENTS

I acknowledge that hypnosis is a method of voluntarily inducing a pleasant state of relaxed concentration, during which the conscious mind is relaxed and relatively inactive, and the subconscious mind is more receptive. 

I acknowledge that hypnosis as well as coaching, is a collaborative and cooperative process. I understand and agree that results from the Services depend in part on my participation, and I assume full responsibility for my actions or inactions that relate to any Services. 

I acknowledge that no one can be hypnotized against their will, and accordingly that I must be a willing hypnosis subject. I further acknowledge and agree that under hypnosis I cannot be made to do anything I am not willing to do, and that a hypnosis subject must be willing and cooperative for hypnosis to work. I accept full responsibility for the consequences of my receipt of, and participation in, the Services.

I understand that, while hypnosis is a tool for positive change, unknown individual risks and circumstances can arise from my receipt of the Services that cannot be foreseen and that can influence or reduce results. Accordingly, I recognize that I could experience negative reactions from the Services, and accordingly, I accept any and all risks for any adverse reactions that I may have. 

I acknowledge and agree that hypnosis as offered by the Company is not a medical treatment, but a process whereby an individual is taught to use his or her abilities for his or her own benefit. 

I acknowledge and agree that hypnosis is not, and is not a replacement for, medical treatment, psychological or psychiatric treatments, or counselling. 

I acknowledge and agree that vivify-me™ and/or hypnosis does not treat, prescribe for, or diagnose any condition, and that vivify-me™ strongly recommends that I inform my doctors and therapists of my use of coaching and hypnosis. 

I understand that the Practitioner is a facilitator of hypnosis and is not practicing any profession that requires a license under the laws of the Province of Alberta, Canada.

By using the Services, I hereby fully and completely hold harmless, indemnify and release the Company and each of the Company Persons, and anyone otherwise affiliated with the Company’s business, from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to the Services.

I acknowledge and represent that I have read and understand its terms, and I knowingly and voluntarily execute it under my own free will, without relying on any other oral or written statement or representation of the company. I am aware I may be waiving certain legal rights, including the right to sue.