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Terms and Conditions

This website is operated by Personally Empowered. Throughout the site, the terms “we”, “us” and “our” refer to Personally Empowered. Personally Empowered offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the products and downloads page shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1 – Online Terms for the Sale of Products and Services

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 – General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 – Accuracy, Completeness and Timeliness ofInformation

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 – Modifications to the Service and Prices

Prices for our products and services are subject to change without notice.

We reserve the right at any time to modify or discontinue any products or services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product or service.

Section 5 – Products and Services

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the services and our programs will be corrected.

You agree to be an active participant in the services provided for you and you share responsibility for the process and the results.  You understand that the full benefit of any services and programs will not be had unless you:

  1. Complete all Forms and Questionnaires, relevant to the services or programs provided, in their entirety.
  2. Commit to participating fully throughout your program sessions.
  3. Utilise and implement Support Tools provided at your program sessions as directed.

You remain ultimately responsible for your own decisions, actions, choices and emotions, during and after participation in our services and programs. You also understand that noncompliance with program instructions may reduce the probability of success or could result in termination of the services or program provided.

You must pay for services and programs you have received that achieved the expected results. However, you may cancel a contract for services at any time and will be entitled to receive a refund, unless the reason for the refund was due to a problem outside our control. For example, if you:

  • changed your mind
  • insisted on having a service provided in a particular way, against our advice
  • failed to clearly explain your needs to us
  • omitted important information about you in your initial consultation, such as medical conditions or medication that could inhibit your ability to follow directions of the program.
  • did not fully participate in the program and follow instructions as you agreed to do at the commencement of the services or programs provided

The amount of the refund will depend on whether some or all of the services provided were considered unsatisfactory, or provided at all.

Orders:If you purchase a product or service from us, we may request certain personally identifiable information from you. You may be required to provide contact information (such as name, Email, and postal address) and financial information (such as credit card number, expiration date).

We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

Physical goods:After ordering online, you will receive an email confirmation from Personally Empowered containing your order details (if you have provided your email address). We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your goods via Australia Post within three (3) working days; however if goods are unavailable delivery will take a little longer. If you wish to query a delivery please contact us at info@personallyempowered.com.au.

Digital Delivery of Products:After ordering products online, you will receive an email confirmation from Personally Empowered containing your order details (if you have provided your email address). We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your software/license/access code via email within one (1) working day. If you wish to query a delivery please contact us at info@personallyempowered.com.au.

Refunds and Returns Policy for Products:If for any reason you are not completely satisfied with your purchase of products we will give you a 30 day money-back guarantee from the time you receive the goods. Please email us at info@personallyempowered.com.au within that time if you are not satisfied with your purchase so that we can resolve any problems. This refund policy does not apply to goods which have been worn or used, damaged after delivery, or if any attempt has been made to alter the product or if they have been dropped or broken. All products must be returned in their original condition. All postage and insurance costs are to be paid by the buyer. We recommend that you return the product via Registered post and that you pre-pay all postage. You assume any risk of lost, theft or damaged goods during transition; therefore advise you take out shipment registration of insurance with your postal carrier. PersonallyEmpowered will not be responsible for parcels lost or damaged in transit if you choose not to insure.

Our Commitment and Responsibilities Regarding Services Provided. Simone Hamilton is trained in various modalities and areas of human behaviour to help clients to overcome negative behaviours, negative emotions and provide them with the tools to improve other aspects of their lives which are impeding their happiness and/or success.  Simone Hamilton and staff and associates of Personally Empowered are Complementary Healthcare Providers and not licensed Medical Doctors, Psychologists, Psychiatrists, Master’s in Family and Child Counselling (MFCC), or Master’s in Social Work (MSW). The self-regulated holistic treatments and client-centred disciplines in which we are trained include Neuro Linguistic Programming (NLP), Hypnotherapy, Time Line Therapy® and the Demartini Method®. We also utilise Cognitive-Behavioural Coaching to help clients achieve lasting results.  These modalities are described as follows:

  • Hypnotherapy is a form of psychotherapy utilised to create unconscious change in the form of new responses, thoughts, attitudes, behaviours and/or feelings. Hypnosis is an effective method to communicate directly with the subconscious mind, where all habits and unwanted behaviours are stored.   Hypnosis is not mind control and a hypnotherapist has no unusual powers or abilities. They communicate in an effective way so as to facilitate your ability to think in a focused manner and thereby obtain your goals.  It is not possible to suffer adverse affects simply from being hypnotised. Since Hypnosis is used during your session, for your safety you should make sure that you are totally wide awake before driving or doing any other activity that may require concentration following your session.
  • Neuro Linguistic Programming (NLP) is a therapy that uses positive thoughts and body language to change the way we think and behave. NLP is very effective for breaking unwanted habits by utilising strategies to rapidly elicit changes in behaviours and thought patterns in a positive way.  NLP cannot be carried out unwillingly.  It is a system of working with old habits and beliefs that are getting in the way of someone achieving their goals.  NLP is often able to quickly help people change or remove old habit patterns and behaviours quickly and easily.  NLP only works when the client chooses to allow its techniques to work, of their own free will.
  • Cognitive Behavioural Coaching: The strategies, activities, techniques and exercises used in Cognitive-Behavioural Coaching are effective in helping individuals identify and challenge thoughts, feelings and behaviours that are self-defeating, and what actions are needed to take charge of their situation.
  • Time Line Therapy: is a powerful therapeutic technique that evolved from NLP and Hypnosis. It facilitates the elimination of painful emotions attached to memories and events from the past. It enables change and growth in the client by allowing them to resolve negative emotional issues and clear limiting decisions and beliefs that have held them back.
  • The Demartini Method® is a powerful, effective and efficient methodology in personal transformation and is an effective means of transforming any form of stress or conflict. The Demartini Method results in a new perspective and paradigm in thinking and feeling thought a systematic pre-determined series of mental questions directed toward the objective of assisting an individual to feel present, certainty and gratitude. It also neutralises an individual’s emotional charges, to balance mental and physical reactions, open the heartand clear the mind.

 

The services you receive from us are not licensed in this state, nor does a governmental body regulate them. We will always provide only those services in which we have been trained, and if we find that we cannot help you, we will refer you to a licensed person who can assist you.

We therefore do not offer to diagnose or treat any disease. If you require advice, diagnosis or treatment for anything going on in your body or mind, we recommend you seek the services of a qualified health care provider.

Lifetime Guarantee for our Quit Smoking Program:  Our Habit Breakers Quit Smoking Program is our only program that includes a lifetime guarantee.  This means that if, after completing the Program,you start smoking again, you can repeat the Habit Breakers Quit Smoking Program at no charge to you.  This lifetime guarantee is applicable for the lifetime of the client.

Section 6 – Accuracy of Billing and Account Information

You agree to provide current, complete and accurate purchase and account information for all purchased goods and services made by you. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Section 7 – Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 8 – Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 9 – Personal Information

Your submission of personal information through the website is governed by our Privacy Policy.

Section 10 – Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 11 – Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 12 – Disclaimer of Warranties; Limitation ofLiability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Personally Empowered, our employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 13 – Indemnification

You agree to indemnify, defend and hold harmless Personally Empowered and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 14 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 15 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 16 – Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 17 – Governing Law

These Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of Canberra, Australia.

Section 18 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 19 – Contact Information

Questions about the Terms of Service should be sent to us at
info@personallyempowered.com.au.