Service Terms

Version Dated: 6 December 2021

About Nid’s NidRa

Nid’s NidRa, Nid Ra, Nid’s Nidra, Spirit Law, NidRa Aroma and NidRa Embody are a sole proprietorship of Nadine Seymour (“We/Us”) whose registered office is unit 2, 8 Eustace Street, Manly, NSW, 2095, Australia operates the websites www.nidsnidra.com, www.spiritlaw.net and www.nidraaroma.com provide the Services (as defined below). 

We are committed to providing quality Services to you and these Service Terms set out the terms of our relationship together. 

Please read these terms and conditions carefully. Your participation, purchase and use of any of our Services including the purchase of any of our Services sold on or off this Website or unpaid receipt thereof makes you a “Client” and will be subject to these Service Terms. If you do not accept the Service Terms, you must discontinue use of the Services immediately.

Nids NidRa “Services” 

Services” means all and parts of the following sub-brands:

  • NidRa Embody the wellbeing and healing practices, classes, workshops, blogs, podcasts, retreats, community forums, healing practices; 
  • Spirit Law” and “NidRa Consulting provide educational information, documentations, videos and live training sessions of foundational business, marketing and legal concepts for entrepreneurs; and 
  • NidRa Aroma candles and essential oils with meditation and ritual guidance, 

All sub-brands include all discussions online, telephone, email or other correspondence, any information, educational or entertainment focused, audio, visual and / or audio-visual content, checklists, handouts, guidance worksheets, photos, articles, blogs, vlogs, online and in-person lessons, talks, webinars, workshops, classes, community forums, packages, programs, subscriptions and courses and other services ordered and/or provided by Nids NidRa in any means including but not limited to the Websites and any and all our third party contractors, employees or authorised agents, and all services offered as part of Nids Nidra brands. This includes but is not limited to free and/or paid documents, coaching, teaching or consulting services provided by Nids NidRa.

Our Services are offered in-person at your home/work, in-person at third party venues, online using video conferencing software, via telephone, email, via an online hosted platform for live streaming at specified times, on demand streaming and download. Details of each Service, what it includes, and the applicable price can be found on the Websites. These may be updated from time to time. You will be notified if your specific service is changed.

There are specific terms of each Service so please check below for the Service that you are using for any particular terms that apply to your circumstances. 

Accessing our Services

Parts of our Services may only be accessible to specific clients. Your registration is your agreement that you will keep your username and password confidential and will not share this information with any third party. You also agree not to register multiple email addresses. We may terminate your access to our Services if you violate these terms, or are engaged in illegal or fraudulent use of our Services. 

We may not offer or make available all of our services to residents in certain countries. This is often due to limitations by insurers and we will notify you in the event of such a change.  

Any electronic information supplied to you by the Nids Nidra will constitute part of ‘Service’ and not a product. Any cancellation rights will apply and be interpreted accordingly as a Service under Australian Consumer Law (“ACL”).   

If you have purchased a pre-packaged online course or membership and you decide to cancel or request a refund, access to the content will be revoked. You may not share, copy, make available or distribute the content of the course or membership to those who have not paid for the course. 

NidRa Embody: Disclaimers of Medical Advice

Nothing contained on NidRa Embody Service or in connection with NidRa Embody Service constitutes medical, psychological or therapeutic advice. It is your responsibility to obtain advice to your specific needs.  

Nothing supplied through or in connection with our Services constitutes medical advice. It is your responsibility to obtain your own medical advice as to the suitability for you of any exercise regimes, nutritional changes and other services recommended or offered on or through our Services. 

You must complete the Waiver prior to receipt of any Embody Services from us. You agree not to act or rely on any information on this Service without seeking the advice of a medical professional or therapist. .

NidRa Embody Condition of Service

If you have any medical conditions not suitable for service activities, then you may be refused to take part in the Service without a medical certificate presented on attendance. These include: 

  • A heart condition where a doctor recommended only medically supervised activity. 
  • Loss of consciousness or fall over as a result of dizziness.
  • Bone or joint problems that could be aggravated by the proposed activity.
  • Been recommended medication for your blood pressure or a heart condition.
  • Any other advice or reason why you should not exercise without medical supervision. 
  • Currently pregnant or were pregnant in the last six (6) months. 

You acknowledge that your wellbeing is your responsibility. Whilst we can make suggestions you have the insight as to what feels best for your body. You agree that if anything feels painful, distressing or dangerous that you will cease and inform us immediately. 

The Service provided has recognition as a safe practice, however, there are always some risks associated with any sort of physical activity. No claim is made about the efficacy of the Service provided. You agree that you have been advised of the risks associated with the Service and consent to undergo the activities.

NidRa Consulting: Disclaimers of Legal Advice 

The use of the website or these NidRa Consulting or Spirit Law Services does not form or constitute any professional attorney- client relationship and is not intended to form any attorney-client relationship between you and Nid Ra. Email, written and verbal communications between us and any person shall not constitute legal advice. 

You must complete the Disclaimer prior to receipt of any Services from us, including the free consultation offered. This will be emailed to you to complete and return. You agree that it is your sole risk and full liability if you act or rely on any information from the Services without seeking the advice of an independent lawyer.

Nothing in this Service constitutes legal advice or solicitation of legal representation.  Nid Ra does not seek to practice law in any jurisdiction. Nid Ra does not consider that this Service or its Materials represent advertising or legal advice. Nid Ra does not seek to represent any person or entity in particular where Nid Ra has no control over the physical location of you or any other Client and the local laws or regulations of your jurisdiction. 

Each legal and business situation is different, and past performance in a case or matter as described in this Website or Materials is no guarantee of a similar future result in another case or matter. The laws of each country and States are different, and you should seek the advice of a local lawyer. 

The materials in NidRa Consulting Services may not reflect the most up-to-date current online commerce developments, and information is provided “as is” without warranty of any kind. Nid Ra disclaims all liability in respect to actions taken or not taken based on any or all of the contents of its Services. 

The legal system changes rapidly and the statutes, laws, regulations and interpretations that were in effect at the date of publication of content in these Services will change in the future and these changes may require different legal positions that those suggested in such content. There may be local laws and regulations that may significantly change any positions or substance of such content. You will need to discuss this with your local lawyer. 

You acknowledge that NidRa Consulting sessions provide techniques of how to read, interpret and choose wording in legal contexts. This includes weighing risk, creative problem solving, intuitive decision making weighed with logical judgments, how to research further information and types of communication for various legal relationships in a business setting. 

To book your appointments please use Acuity Scheduling at https://nidsnidra.as.me/ . You can manage payment, rescheduling and cancellation here as well as your personal information that you wish to inform us about. 

Cancellations

We get that things happen, and you may need to cancel your session. 

We know your time is valuable, and so is ours. When you book your appointment, you hold a space in our calendar that is no longer available to our other clients. In order to be respectful of our other clients, please contact us as soon as possible if you know that you cannot make your appointment. If cancellation is necessary, then your advanced notice gives other clients the opportunity to book. 

To cancel or reschedule your appointment please use Acuity Scheduling

We encourage a ‘no cancellation mindset’ to encourage you to show up to the changes that you seek. We suggest you reschedule rather than cancel, but any request to reschedule or cancel will be subject to the below charges:

(i) Less than 24 hours’ notice before the appointment is 100% charged. The credit cannot be used for another appointment. This is considered a ‘late cancel’ and there is no refund. This also applies for any no shows. 

(ii) Over 24 hours before the appointment we will provide a credit to reschedule the appointment to be used within 7 days of the original booking date. 

If for some reason you are unable to attend all of your appointments purchased for a 3 month period or more please contact us at [email protected] to see if we can extend your Service or provide an alternative solution. 

If for some reason Nid Ra has to cancel your session we will transfer your credit to another session. 

This section does not affect your rights under ACL to cancel a service where it is:

  1. Provided to unacceptable skill or level,
  2. Unfit for the purpose that you asked for, or 
  3. Not delivered within a reasonable timeframe where there is no agreed end date. 

This cancellation clause does not apply to NidRa Consulting projects that require Nid Ra to prepare tailored Consulting Content for you. You agree that you will pay Nid Ra for any work done up to the cancellation date on the project. 

Third Party Bookings

If we have hired a third-party service or venue for your booking, you will be charged in full for any fees charged by them to us for your cancellation PROVIDED THAT we have notified you of such terms in your booking confirmation. We retain the right to reserve money paid by you for the cancelled service and request further sums to be paid in the event that it exceeds any deposited amount paid by you at such date. 

Third Party Internet Service Providers

Our Services are provided using third party software and internet capability. Please be aware that there may be instances where internet connection or software developments delay or cause a session to be cancelled. We shall endeavour to rearrange your appointment at a suitable time with you within the next 14 days of the postponed date. 

Nids Nidra will not be liable for any loss incurred by you whether direct or indirect as a result of any failure to connect to the Services. 

Payment

The amount due for the Service is stated to each specific service that we sell or as may be amended by us in writing to you (the “Fee(s)”). You must pay the Fee including any taxes, levies or duties payable in respect of such services. 

You will pay us the Fee for your Service in full and in advance of the Service starts. There is an option for monthly payment of the Fee via direct debit upon your written request. 

Refunds

Refunds are rare at Nids NidRa so we consider them on a case by case basis. 

Complaints

If you are unsatisfied with any Nids NidRa Services, then please contact us to discuss - an email that sets out your concerns will be followed up with a call. Spoken word is much better communication than email but with time zones we know that this is not always easy. We will listen to your comments and work to find the best outcome for us all. It is our intention that Nids Nidra offers the best possible products for your use and others, so your feedback is gratefully received. Each situation is different so we will discuss with you how to best proceed for all concerned. 

All Nids NidRa clients must have integrity in their actions, good moral conduct and respect for the relationships of all. Should you or any Client consider any behaviour by you or another Client inappropriate, unsafe or misaligned with Nids Nidra’s mission or values, please contact us as soon as possible to address the issue. 

Statutory Rights

The rights of cancellation and refund and any limitation expressed in these Service Terms do not affect your statutory rights as a consumer. Refunds in relation to Services may only be credited to the credit or debit card originally used to make the purchase. If we are unable to put the refund through on this card for any reason, we will try to contact you to discuss alternative arrangements. 

Intellectual Property: NidRa Content

Nids NidRa Brand and Sub-brands

The trademarks, logos, service marks and trade names (collectively “Trademarks”) displayed on the Materials are registered or unregistered Trademarks of Nid Ra or other persons and may not be used unless authorised by the trademark owner. Nothing contained in the Materials should be construed as granting any license or right to use any Trademark without Nid Ra’s written permission or the trademark owner. This does not preclude the condition to keep the Trademark on any Material shared, made available, downloaded or copied to identify the Material’s origin. Your misuse of any Trademark is strictly prohibited. 

Please do not use our Trademarks, Materials, Content, Website Terms, Cookie Policy, Privacy Policy or wording without obtaining our express permission from us first, so please contact Nid Ra.  All use must attribute back to us "[© or TM] 2019 by Nids NidRa" and if online please include a hyperlink back to this Website. 

Services and Content

The Services including Websites contain social media posts, information, presentations, audio recordings, data, images, documents, pages, videos and other content (the “Materials”) created and prepared by Nid’s NidRa unless otherwise stated and referenced according to Nid Ra’s  license with such copyright owner. The layout, look and feel, and compilation are all owned by Nid Ra. 

The Materials are protected under the Copyright Act 1969 (Cth), and owned by Nid Ra. The Materials are provided to you for your sole personal and private use not to be shared with any third party.  You agree that you will not resell, reuse, share, distribute, copy, market, communicate to the public, make available via links, peer-to-peer file share or other technology the Materials or Trademarks, or any other content provided as part of the Service for commercial or financial gain. Any distribution or copying outside of this specified use is a breach of copyright and all rights are reserved by Nid Ra in pursuit of such a breach. 

You acknowledge that all information and documentation is provided to empower your own knowledge and teach you skills to utilise for personal growth as applied in your personal or entrepreneurial business context only. 

NidRa Consulting Content

If you purchase specific written content from NidRa Consulting, Nid Ra retains all copyright in the Materials. Your use of such documents will be for the purposes agreed with Nid Ra at the time and any distribution or copying outside of this specified use is a breach of copyright and all rights are reserved by Nid Ra in pursuit of such a breach. For the avoidance of doubt, this includes any policies or terms provided as compliance on NidRa Consulting’s website at spiritlaw.net or public sites. 

User Generated Content

Our Services contain user generated content that may include written, images and video content shared with our clients. These include in community forums and the ability to comment in the online courses and memberships. 

You agree to only submit content that follows the Posting Rules in the Website Terms that form part of these Service Terms. Any breach of these rules or terms may result in immediate termination of your access to our Services without compensation. Your content submitted is subject to the Website Terms copyright. 

You acknowledge that content posted by other clients contains opinions and personal experience and is not advice or any representation of Nid Ra or our Services. 

Image and Privacy Policy

As a Client you grant Nids NidRa the right to use your image, name and reviews in any visual, audio and other capture that we take during workshops, retreats or classes for the purpose of marketing and promoting the sub-brand across any and all media known present or in the future. You can notify Nid Ra of any images that you wish we do not use via email

Usage of your personal information is governed by our Privacy Policy, which forms part of these Service Terms. In the event that Nid Ra undergoes reorganisation or is sold to a third party, you agree that any personal information Nid Ra holds about you may be transferred to that reorganised entity or third party and used in accordance with the Privacy Policy.

Our Privacy Policy sets out how your personal data may be shared with third parties, including operators of our Services to you. Your submission of your personal data  is acceptance of our Privacy Policy. 

Communications with you

Our communications are governed by our Privacy Policy. Any information sent to us via email or through the Website is not secure and is done so on a non-confidential basis. Communications with us via the Website or email do not constitute or create an attorney-client relationship. 

Service Updates & Reminders 

We use certain software to update you about your services with us. These have reminders included for appointments with us. You can update your preferences for reminders at any time by contacting us. 

Contact Permission 

We send an email every month with service updates and offers. You can update your preferences or unsubscribe at any time using the email signup boxes that will take you to your preferences. Subscribe to our email list on our website in the footer. 

Termination of Service

We reserve the right to terminate your access to the Website, any Services at any time without notice at our sole discretion. 

Such termination may arise if we consider a breach of the Website Terms of Use, Service Terms, in violation of any applicable law or regulation, or may cause potential harm to Nids NidRa, the Website users or Nids NidRa clients. 

Any client not acting in alignment with Nid’s NidRa values of integrity, good moral conduct and open-minded communication may be requested by Nid Ra to cease participation. In extreme situations, we can terminate the Services with the Client immediately. 

Liability Limited

Nids Nidra uses reasonable care and skill expected of the profession related to the Services offered. Nids Nidra will not be liable for any actions or omissions by you from use of the Materials or the Services, to the extent permitted by law. 

Nids Nidra is not responsible to you or anyone else for any loss (however caused) suggested in connection with the use of these Services or any of the Materials provided. 

Nids Nidra makes no warranties or representations whether express or implied relating to or about the Services, Materials or any of the content discussed or provided to you. 

To the maximum extent permitted by law, Nids Nidra excludes any liability that may arise as a result of use of these Services, its content or the information provided. 

Where liability cannot be excluded, any liability incurred by Nids Nidra in relation to the use of the Services or the Materials is limited to the extent provided for by the ACL (schedule 2 of the Competition and Consumer Act 2010). To the extent permitted by law, Nids Nidra will not be liable for any indirect, incidental, special or consequential loss.

Indemnity 

You agree to defend and hold harmless Nids Nidra and its independent contractors, harmless from any claims, liabilities, damages, costs, and expenses, including reasonable legal fees, arising in any way from your use of the Services, Materials, and links your breach or violation of the law, these Service Terms. We reserve the right, at its own expense, to assume exclusive defence and control of any such matter otherwise subject to an indemnification by you, in such case, you agree to cooperate with Nids Nidra’s defence in such a claim. 

Jurisdiction and Governance

These Service Terms are governed by the laws of New South Wales, Australia. Your payment of the Services is your agreement to submit to the exclusive jurisdiction of the courts of New South Wales, Australia in the event of any dispute. 

The Services and Nids Nidra are located in New South Wales, Australia and in case of any cross-border orders these Service Terms shall be construed as being performed in New South Wales, Australia. 

Amendments to Service Terms

We may modify the Service Terms from time to time, and such modification shall be effective upon its posting on the Website or linking it to your email correspondence with us. You agree to be bound by any modification to the Service Terms when you use the Services after any such modification is posted; it is therefore important that you review the Service Terms regularly.

 

All content is proprietary to Nids Nidra. © Copyright 2020 Nid Ra. All rights reserved. Terms of Service provided by Nid Ra.