Terms & Conditions

ADDITIONAL TERMS FOR OUR APP
These Additional Terms of Service (“Terms”) apply to all clients or all potential clients of In2Bliss [ABN 23936950278] (“we, us, our”). These Terms, together with any other terms and conditions and policies we publish or link to on our website, app and services, form an Agreement with us (“Agreement”).
“You” could be any client of ours.

ONLINE SUBSCRIPTION WE WILL PROVIDE

By purchasing a subscription to our app (“Subscription”), you are entitled to use the In2Bliss app software (“Software”) and support services. The Software enables you to listen to our guided meditations, guided affirmations, and sleep music. It also has a gratitude journal and meditation tracker and an opportunity for you to create your own scripts and use the music in the app to create your own guided affirmations for sleep.

BEFORE PURCHASE
Things you must do before purchasing a Subscription
The app requires you to subscribe to continue to have full access to all features after your 7-day trial period. The subscription will be charged to your nominated payment method through your iTunes or Android account and is for your nominated Subscription Period.

Acknowledgements you make before purchasing a subscription
You acknowledge and agree that there may be:

  • occasional errors or omissions in Subscription descriptions, prices, availability and promotions;
  • limits to certain regions or groups of people;
  • technical problems and inherent risks associated with using the Software.

You further acknowledge and agree that it is your sole responsibility to ensure that the Subscription and Software meet your requirements, that they are appropriate for you and are within the laws and regulations of your jurisdiction.

Except as required by law, we cannot guarantee the accuracy of the information about our Subscriptions or the availability of the Software.

Payments
The Subscription Fee is automatically deducted from your nominated payment method unless you or we cancel your Subscription in accordance with the cancellation or termination terms below.

You authorize us to:
• deduct the Fee and all other accrued and owing fees from your debit or credit card; and
• deduct any applicable currency conversion fees or financial service provider fees where
relevant.

You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on their scheduled due dates for the Subscription Period. Where payment is defaulted or not received, you authorize us to debit any outstanding funds from your nominated account without the need for notifying you.

If you have any special offer coupons, they must be used at the time of purchase to apply; they cannot be applied retrospectively.

Intellectual Property
All the Intellectual Property Rights in our Software and Materials are owned by or licensed by us. We grant you non-exclusive, non-transferable, revocable, limited permission to use the Software and Materials for your sole personal use only. This permission is for the period during which you are subscribed to the app, the duration of your Subscription only, and is immediately terminated at the end of your Subscription, upon which all Materials must be immediately deleted. You must not modify the Software or Materials in any way. You must not distribute, sell, sublicense or otherwise transfer or make available the Software or Materials or any portion of it to any third party. You must not modify, adapt, translate, reverse engineer, decompile or derive the source code for the Software or the Materials or authorise a third party to do so, except as specifically permitted in the app.

Your Information
We agree to take reasonable precautions to protect Your Information, and not to use or divulge to any third person Your Information, except to perform our obligations under this Agreement. This does
not apply to any of Your Information that we are required to disclose by law. You will own all right, title and interest to Your Information. We take our privacy obligations seriously and for more information on how we comply with the privacy laws, please see our Privacy Policy.

AFTER PURCHASE
Things you must do after purchasing a Subscription
You must:

  • maintain the confidentiality of your login, username and password for your account;
  • use and regularly update the password for your account and ensure that your password is
    unique and not from credentials available elsewhere;
  • not allow other people to use your account;
  • contact us by email at if you have any difficulty using the Software or Materials;
  • contact us by email at if you have any issues and require a refund;
  • seek our prior written consent before any publication of information about us; and
  • in the case of a dispute keep all communications confidential.

You acknowledge and agree that we may monitor your use from time to time of the Software to ensure compliance.

Things we’d love you to do after purchasing your subscription
We’d love you to provide us with any photos, videos, testimonials, and/or case studies so we can use them for marketing and information purposes, publications, exhibitions and professional awards across all print or digital mediums, including our social media channels.

However, please note that by providing us with photos, videos, testimonials and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at connectandcre8@gmail.com

If you need to cancel your Subscription
If you need to cancel your Subscription, please cancel your account by using your iTunes or android account settings. You will not receive a refund or part refund for any payments made for your current Subscription Period but will continue to have access to the app until the end of the current Subscription Period. Where your subscription is terminated you will no longer have access to any of your data. Your Information will be immediately deleted.

Australian Consumer Law
Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For
major failures with the Service, you are entitled:

  • to cancel this Agreement with us; and
  • to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel this Agreement and obtain a refund for the unused portion. If you believe we have breached your consumer guarantees, please contact us
and we will comply with the law.

OTHER MATTERS YOU SHOULD BE AWARE OF
We may change information about our Subscriptions
Except as required by law, we may at any time, and without prior notice to you:

  • change and update information including availability and promotions;
  • change prices or descriptions of our Subscriptions; or
  • discontinue the Software.

Refunds
The Software is provided on an “as is” basis and, to the extent permitted by law, we disclaim all warranties, express or implied in including any warranties of merchantability, fitness for purpose, and non-infringement. We will use reasonable endeavors to maintain the Software to minimize errors and interruptions. At times, the Software may be temporarily unavailable for maintenance. Whilst we will endeavor to notify you, we may, at times, need to conduct emergency maintenance or be unable to notify you. We do not warrant that the Software is uninterrupted or error-free, or secure, and we cannot warrant that it is compatible with any third-party application, program, or software.

We can refuse to serve you and provide Subscriptions any time
Where you breach this Agreement, we may immediately terminate your account and Subscription. Where we terminate your Subscription for non-payment or any other breach of this Agreement, you will not be able to access the app or any of Your Information.

Force Majeure
Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.

LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Software, Materials and your Subscription. This includes but is not limited to any modification to the Software other than by us, any accident, abuse or misapplication of the Software by you, any use of the Software with other software or equipment without our written consent, any use other than the latest, unaltered current release of Software, and any use other than in accordance with this Agreement.

To the extent which we are entitled to do so, our liability under the Australian Consumer Law, or otherwise will be limited, at our option to: –

  • the repair of the Software within a reasonable period; or
  • the refund of the amount of your previous 12-month Subscription if we are unable to make adequate repairs.


In any case, our liability to you will not exceed the amount of $100.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including, but not limited to where you fail to comply with our instructions or applicable laws and regulations, and any breach of our Intellectual Property Rights.

IF THERE IS A DISPUTE
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

OTHER
This Agreement is to be construed in accordance with the laws of QLD, Australia, and you and we submit to the jurisdiction of the courts of QLD, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between the terms in this document, and other terms and conditions on our website, these terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision.
In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.

DEFINITIONS

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010.
“Agreement” means these terms, and the general website terms and conditions and all other terms and conditions and policies published or linked to on our website and app.
“Claim” means any claim, under statute, tort, contract or negligence, any demand, award or costs.
“Force Majeure” means an ‘act of God’ and including but not limited to natural disasters (like floods, earthquakes, hurricanes), wars, strikes, riots, pandemics, or any other severe events that are beyond the control of the contractual parties.
“Intellectual Property Rights” means all copyrights, trademarks, design rights, patents, trade secrets, and confidential information, whether registered or unregistered.
“Loss or Damage” means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, property damage and legal costs.
“Fee” means the subscription fee as advertised on our website from time to time.
“Materials” means the materials available on the Software, including but not limited to all music, meditations.
“Software” means the In2Bliss website and app. “Subscription Period” means the period of one month or 12 months (annually) as elected by you.
“Subscription/ Subscription Services” means the In2Bliss website and app platforms, and any associated materials and support services.
“We, us, or our” means Connect and Cre8 PTY LTD, the Trustee of Trust t/as In2Bliss [ABN 23 936950278] and includes any of our directors, officers, employees, agents, partners, contractors.
“Website and services” mean www.in2bliss.com and everything available on this website and app including, but not limited to, all Subscription Services.
“Your Information” means all guided meditation scripts and any journal entries you make on our Software.