Terms and Conditions

Your journey matters to us

 

These terms and conditions govern your use of ‘seekingbalance.com.au’ (“the Site”).

For working one-on-one with Joey we have a client policy: please read our 1:1 client agreement.

Your use of our Site tells us you have read and agreed to these terms and conditions. Please read them carefully. These terms and conditions, together with our Privacy Policy form a binding contract regarding your use of ‘the Site.

 

If you do not agree with or cannot abide by these terms of use or our Privacy Policy, please exit this Site immediately.  This Site is owned by Seeking Balance International Pty Ltd (ACN 624 386 394) atf the Seeking Balance International Discretionary Trust (“SBI”, “us”, “we”, “our”). SBI reserves the right to seek all remedies available at law and in equity for breaches of these terms and conditions, including the right to block access from a particular internet address to our web site.

 

DISCLAIMER

The information contained on this Site and the courses purchased or available through the Site do not provide a substitute for medical advice, an examination, diagnosis or treatment from a physician or health care professional.

 

Do not use any information on the Site or courses purchased or available through ‘seekingbalance.com.au’ to make a diagnosis or replace a doctor’s judgment. The information found on the Site or contained in the courses available from SBI do not take the place of regular medical check-ups. If you have any concerns about your health, talk to a doctor. Also, do not disregard or delay seeking medical advice because of something you read on the Site or which forms part of a course purchased from SBI. Following tips or recommendations on the Site or contained in course material available from SBI does not assure you will be healthy. Recovery is a process, not an outcome. Your health is the result of many factors, some of which are not yet fully understood. It is important that you rely only on the advice of a health care professional to advise you on your specific situation. SBI does not claim to cure or eliminate any symptoms. The programs and courses available through SBI offer support tools and strategies to help the body recover in its own time and in its own way.

 

To the extent permitted by law, SBI accepts no liability for the accuracy or completeness or use of, nor any liability to update, the information provided on the Site or in course material available from the Site and SBI does not make any warranty of any kind, as to the accuracy, completeness or usefulness of the information or materials available on the Site or contained in course material available from SBI.

 

EXTERNAL LINKS

We may include links to other third-party web sites maintained by others. These links are provided solely as a convenience to you and not as an endorsement by SBI of the contents of any of those third-party web sites. SBI cannot take responsibility for information found on third-party web sites outside its control. If you decide to access linked third-party web sites, you do so at your own risk. While SBI attempts to provide links only to third-party web sites that comply with all applicable laws and regulations, please understand that the content on those third-party web sites is subject to change without notice to SBI. We therefore cannot be responsible for, and accept no liability for, any information or opinion contained in any third-party web site.

 

INTELLECTUAL PROPERTY

I am happy to give you access to the program content for your personal use under a single user license. This means that you must not share, copy, re-publish, edit or sell any of Seeking Balance International’s content for business or commercial use, or in any way without my prior consent.

The content in SBI’s programs is owned by SBI.  SBI grants you a non-exclusive, revocable, perpetual licence to use the program content for your personal use to improve your wellbeing.  This licence cannot be sub-licensed, sold or given to any other person.  Your payment for this licence has been included in the program fees.

 

You acknowledge that SBI is the absolute owner of the copyright and intellectual property and that all such rights remain with SBI.  You must not alter, remove or obscure any copyright, trademark or proprietary mark in the program content.

 

SBI represents and warrants to you that she has the right to grant this licence in the program content, and that your use of the program content for your personal use, will not infringe on the rights of any third party.

 

You may only use the program content during the period of the licence, for your personal use to improve your wellbeing.  This is essential and this obligation continues after your participation in the program has ceased.

 

You must not sell, publish, reproduce, distribute or share copies of the program content including in electronic form.  You also must not treat the program content in any way that is prejudicial to SBI’s reputation or that infringes on the moral rights of SBI’s Director, Joey Remenyi.

 

You agree to indemnify and hold Joey harmless and keep SBI indemnified against any loss, claim, action, judgment, expense or damage of any kind that SBI might suffer as a result of your use (including unauthorised use) of the program content in breach of this licence.

 

COPYRIGHT NOTICE

SBI is the owner of the copyright in the content on this website. The material on this website is protected by copyright under the Copyright Act (Cth) 1968.  To the extent permitted by law, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the permission from SBI.  If you wish to use any content from this Site you must seek SBI’spermission and fair payment may be requested.  SBI may receive compensation for the use of any of the content on this Site by educational institutions and governments.

This notice may change from time to time and you should re-visit this page before using any content from this site.

 

SBI respects the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Site, please contact us.

 

If you operate a Web site and wish to link to ‘seekingbalance.com.au’, you may do so provided you agree to cease such link upon request from SBI. You may not republish any portion of the Site (“the Content”) on any internet, blog, intranet or extranet site or incorporate the Content in any database, compilation, archive or cache.

 

PROHIBITED USE

You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the users experience, and not to use any data mining, data gathering or extraction method.

 

PROGRAMS

If you purchase the Rock Steady program or work with SBI privately separate terms and conditions may apply. If there is a conflict between the terms and conditions for particular SBI services and these terms and conditions, the terms and conditions relating to that particular service or client agreement will prevail.

 

Where you enrol in a program that involves opening an account, you accept responsibility for all activities that occur under your account or password. You agree not to sell, transfer or assign your account details or the content provided by SBI through your account. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access the Site or its contents using your name in whole or in part. SBI reserves the right to terminate your subscription and deny access to the Site to any person who violates these terms and conditions.

 

If you communicate to or with SBI it is important that you understand your email messages or other forms of electronic communication or use of social media may not be replied or responded to immediately. There will be times when the owners and staff of SBI are on leave or otherwise unable to respond or reply.

 

In the case of consultation with a staff member of SBI on an individual or small group basis, it is your responsibility to ensure that you correctly coordinate the time in your timezone to the time during which SBI provides services – namely Australian Eastern Time (standard or daylight savings). Payment for individual or small group consultation must be made prior to the consultation and is non-refundable unless as required by law. Appointments may be rescheduled via the online booking system provided not less than 96 hours (4 days) notice of cancellation of the existing appointment is provided.  It is your responsibility, not SBI’s, to record your video sessions and save these to your computer during your session.

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PAYMENT

SBI fees are payable at the time of purchase (unless you have a valid promotional code). Your credit card will be debited for the agreed fee at the time of registration. We use a third-party banking merchant to process payments. In these circumstances, your use of these payment facilities may be subject to the terms and conditions of the third-party banking merchant. We will not be responsible and will be excluded from all liability, for any loss or damage whatsoever that you or another person may suffer in connection with the use of the third-party banking merchant.

 

USA AND CANADA – AUSTRALIAN JURISDICTION

SBI services and programs are not available for sale in the USA or Canada. By purchasing this program, you acknowledge that you are purchasing an Australian product and that you will be a consumer and will have the rights that exist under Australian Law.  You agree to the jurisdiction of the Australian legal system as it applies to any issues that you may have with this product, and you forfeit your rights under the jurisdiction where you reside

 

COURSE CANCELLATION

Refunds will not be provided for a change of mind, so please take some time to familiarise yourself with my work before you make the investment.

 

SBI works collaboratively with clients which means the success of our strategies depends upon your commitment and your practice of exercises safely at home as directed.  SBI offers tools, skills and strategies for you to implement in your life.  It is not possible to predict your future or remove your vertigo or tinnitus symptoms.  SBI does not guarantee such results because an individual’s brain needs to make changes and adapt itself.  This process is different for everyone.  SBI is offering to provide you with resources, to find out what strategies work for you to ease or manage your symptoms in different situations. If you put the time in, you will likely feel benefits.

 

USER-PROVIDED INFORMATION AND CONTENT.

By providing information to, communicating with, and/or placing material on, the Site or on any third party platform’s where SBI has an account or posts material including but not limited to SBI’s Facebook group, Sound Cloud audio recordings, Youtube Videos you agree to the following terms and conditions, in addition to those provided by any third party application provider.

You warrant and represent that:

(1)   you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in these terms and conditions

(2)   all information you provide is true, accurate, current and complete, and does not violate these terms and conditions.

(3)   the content will not cause injury to any person or entity. Using a name other than your own legal name is prohibited (except in those specific areas of the Site that specifically ask for unique, fictitious names, e.g., certain message boards and chat rooms).

 

For all such information and material that you post, you grant SBI a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the foregoing, you authorise SBI to share the information across all SBI affiliated sites; to include the information in a searchable format accessible by other users and to use your name and any other information in connection with its use of the material you provide. You also grant SBI the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

 

Please note that SBI does not accept unsolicited materials or ideas for use or publication and SBI is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the SIte. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and that you are waiving any claim against ‘seekingbalance.com.au’ and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

 

Learn more about our privacy policy here.

 

INTERACTIVE AREAS

SBI does not pre-screen information posted to the Site or in any groups or an any applications used by SBI. We do not assume any responsibility for content posted by others or the behaviour of others. Any opinions, advice, statements, services, offers, or other information made available by other are those of the respective author(s) or distributor(s) and not of SBI. SBI neither endorses nor guarantees the accuracy, completeness, or usefulness of any such Content.

By posting comments on SBI content, regardless of the platform, users agree to follow the rules for conduct and absolve SBI of any financial, legal or moral issues arising from comments posted by third parties.

 

To protect your safety, please use your best judgment when posting comments publicly.

We particularly encourage caution when divulging personal phone numbers and addresses or other information that can be used to identify or locate you. If you make such disclosures, you do so fully understanding the consequences of such disclosures and with a knowing consent that such information could be used to identify you.

 

Your dealings or communications on pages or in applications where SBI posts content’ are solely between you and that third party. You should at all times be aware that members may not be who they say they are and that they may attempt to send scams and spam messages. You are responsible if you continue to communicate or make goods or money transactions to other members. Under no circumstances will SBI be liable for any money, goods, services, resources or content lost by you through such third-party dealings or communications, or for any harm or damages related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.

Under no circumstances will SBI be liable in any way for any content, 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 any content posted, emailed, transmitted or otherwise made available via the service.

SBI reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.

 

POSTING RULES

We reserve the right to remove any content posted on our site or on any social media pages managed by us at any time for any reason. Decisions as to whether content violates any Posting Rule will be made by SBI in its discretion.

When using ‘seekingbalance.com.au’, you must not post material that:

  • contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature.
  • is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community. Threats, slander, and defamation and/or libelous remarks may be reported to relevant authorities.
  • Violates any right of SBIor any third party.
  • Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
  • Violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance.
  • Unfairly interferes with any third party’s uninterrupted use of the Site
  • Advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
  • Uploads copyrighted or other proprietary material of any kind on the SBIwithout the express permission of the owner of that material.
  • Uses or attempt to use another’s account, password, service or system except as expressly permitted by these terms and conditions.
  • Uploads or transmits viruses or other harmful, disruptive or destructive files.
  • Disrupts, interferes with, or otherwise harms or violates the security of the Site , or any services, system resources, accounts, passwords, servers or networks connected to or accessible through ‘seekingbalance.com.au’ or affiliated or linked sites.
  • “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.

SBI will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violates the Terms and conditions.

A violation of the above may be referred to law enforcement authorities.

 

LIMITATION OF LIABILITY

To the extent permitted by law, all express or implied warranties, are specifically disclaimed. SBI and its affiliates are not responsible or liable for content posted by third parties, actions of any third party, or for any damage to, or virus that may infect, your computer equipment or other property.

 

The Site Content includes facts, views, opinions, statements and recommendations of third party individuals and organizations. ‘SBI does not represent or endorse the accuracy, currentness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Site. Any reliance upon any such opinion, advice, statement or information is at your sole risk.

 

To the extent permitted by law, SBI, its affiliates, employees agents and content providers are not liable for any indirect, consequential, special, incidental or punitive damages including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content or any errors or

Omissions in the content..

 

You agree to indemnify, defend and hold harmless, SBI and each of their respective partners, suppliers, licensor’s, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, privacy and intellectual property infringement) and damages (including legal fees and court costs) arising from or relating to any allegation regarding: (1) your use of ‘the Site ; (2) SBI’s use of any content or information you provide, as long as such use is not inconsistent with this agreement; (3) information or material posted or transmitted through the Site, even if not posted by you; and, (4) any violation of this agreement by you.

 

INTERNATIONAL USERS

If you access ‘seekingbalance.com.au’ outside Australia you are responsible for compliance with all applicable laws.

 

MISCELLANEOUS

SBI may modify, suspend, discontinue or restrict the use of any portion of ‘the Site, including the availability of any portion of the Content at any time, without notice or liability. SBI may deny access to any person or user at any time for any reason.

 

If for any reason any provision of this agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the agreement shall continue in full force and effect.

The terms and conditions and the relationship between you and SBI shall be governed by the laws of the State of Victoria without regard to its conflict of law provisions. Exclusive venue for any disputes arising hereunder is the State of Victoria, Australia. Any failure of SBI to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. SBI reserves the right to change these terms and conditions at any time in its discretion and to notify users of any such changes solely by changing this Terms and conditions.

 

Updated: May 2018