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The Headspace and Bass Movement Terms and Conditions

We know you don’t want to read a whole lot of legal jargon and wordy text but there are some important things that we need to cover off. We’ve tried to keep these terms and conditions simple and user friendly. Please contact us at if you have any questions (hello@headspaceandbass.com).

  1. General
  • These ‘The Headspace and Bass Movement Terms and Conditions’ (HB T&Cs) apply to all Headspace and Bass Pty Ltd, ABN 63 623 749 539 and The Headspace and Bass Movement Limited, NZ Company Number 7955396 (HB) products and services including our on demand channel/premium platform, content, shows, programs, training, mentoring, events, classes, books, APPs, subscriptions and coaching (whether online, written, digital, video, photographic, face to face or through our social media accounts) (HB Products and Services).
  • Additional terms and conditions may apply for specific products and services and we will make these known at the time of purchase of that product or service.
  1. Premium Platform on Vimeo OTT
  • These HB T&Cs also apply to any and all use of our on demand channel/premium platform available at https://theheadspaceandbassmovement.vhx.tv/ (Premium Platform). Vimeo OTT’s standard viewer terms also apply to your use of our Premium Platform. Use of the Premium Platform requires a valid email address and consent to electronic notifications.
  • As Vimeo will collect payment for our Premium Platform products and services, the payment provisions in Section 4 of the Vimeo OTT Viewer Terms of Service apply to transactions processed through Vimeo. Vimeo.com, Inc. is a third-party beneficiary for those transactions.
  1. Variation
  • HB may vary the HB T&Cs at any time. The updated version will apply from the date that the new HB T&Cs are published on our website at www.headspaceandbass.com (Site).
  1. General Disclaimer 
  • Exercise your own judgment in determining if the ideas/concepts presented by HB via our HB Services and Products are right for you and your personal circumstances. The ideas we present are intended to be of a general nature. HB is not qualified to provide medical, health, addiction, legal, accounting, tax, business or other professional advice and HB Products and Services are not intended to be a substitute for such advice. To the extent permitted by law (including the New Zealand Consumer Law and Australian Consumer Law) and subject to this clause 4 and clause 10, HB disclaims any and all liability in connection with the HB Products and Services, insofar as legally entitled.
  • The New Zealand Consumer Guarantees Act 1993, the Fair Trading Act 1986, and other New Zealand statutes may impose warranties, conditions or obligations on us which cannot by law (or which can only to a limited extent by law) be excluded. We exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise.
  • You agree that all warranties, conditions, and other terms implied by the New Zealand Consumer Guarantees Act 1993 or sections 9, 12A, and 13 of the Fair Trading Act 1986 are excluded from these Terms to the fullest extent permitted by law and the parties further acknowledge and agree that it is fair and reasonable that the parties are bound by this clause.
  • The Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 and other Australian statutes may impose warranties, conditions or obligations on us which cannot by law (or which can only to a limited extent by law) be excluded. We exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise.
  • You agree that all warranties, conditions, and other terms implied by the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 are excluded from these Terms to the fullest extent permitted by law and the parties further acknowledge and agree that it is fair and reasonable that the parties are bound by this clause.
  1. Children
  • Some HB Products and Services contain concepts for a mature audience. Therefore, we recommend that children under the age of 18 years old do not access HB Products and Services without adult supervision.
  1. Your Obligations

By purchasing or accessing HB Products or Services, you confirm that you:

  • understand that HB is not a qualified provide medical, health, addiction, legal, accounting, tax, business or other professional advice and cannot provide such advice to you;
  • understand that HB Products and Services are not a substitute for medical, health, addiction, legal, accounting, tax, business or other professional advice;
  • acknowledge the requirement to seek medical advice from a qualified medical practitioner for any symptoms, injuries and/or health (including mental health) concerns;
  • are fit to participate in the relevant activities and do not have any medical condition(s) that would make it unsafe for you to do so;
  • understand that any form of physical/exercise/coaching/mentoring/consciousness activity may involve a degree of risk and, where appropriate, you have sought advice from your doctor/allied health professional about undertaking such activities safely and any modifications or cautions that might apply for your personal situation;
  • have disclosed to HB all relevant information that may impact your ability to safely participate in HB Products or Services;
  • understand that it is your responsibility to (i) determine if accessing HB Products or Services is safe for you and (ii) stay within your capabilities and level of comfort during access to HB Products and Services;
  • are over the age of 18 years old; and
  • are not under the influence of any recreational drugs and/or alcohol during access to HB Products or Services.
  1. Site and Premium Platform

You expressly acknowledge and agree that:

  • your access to and use of the Site, the Premium Platform and the content made available through the Site/Premium Platform (Site/Premium Platform Contents) is at your sole risk and;
  • the Site, Premium Platform and Site/Premium Platform Contents are provided “as is” and “as available”.

Subject to clause 10, we do not represent or warrant to you that:

  • the Site, the Premium Platform or the Site/Premium Platform Contents or any third party platforms used to host the Site/Premium Platform Contents will meet your requirements; or
  • your access to the Site, Premium Platform or Site/Premium Platform Contents and/or any third party platforms used to host the Site/Premium Platform Contents will be uninterrupted, timely, free from viruses or error.
  1. Intellectual Property
  • You acknowledge that we are and will remain the exclusive owner everywhere in the world of all Intellectual Property rights and interests (including copyright and all other statutory and common law rights and interests) in the Site, the Premium Platform, the Site/Premium Platform Contents and any other HB Products and Services which may or may not be subject to copyright, trademark and/or other intellectual property rights.
  • None of the Site, Premium Platform, Site/Premium Platform Contents or HB Products and Services may be reproduced, adapted, modified, or translated in any way without HB’s prior express written permission.
  • You agree not to license, distribute, create adaptations or derivative works from, transfer, sell or re-sell any Site/Premium Platform Content or HB Products and Services without HB’s prior express written permission.
  1. Refunds
  • We will provide a refund/exchange/credit where required to do so by law (including Australian or New Zealand Consumer Law, as applicable).  However, HB does not offer refunds/exchanges/credits for situations such as ‘change of mind’, mistake or a change in personal circumstances.
  1. Liability
  • The guarantees contained in the New Zealand Consumer Guarantees Act 1993 are excluded where you acquire Work and/or Goods from us for the purposes of a business in terms of sections 2 and 43 of that Act.
  • The guarantees contained in the Australian Consumer Law are excluded where you are not a ‘consumer’ as defined in the Australian Consumer Law.
  • Except to the extent that the law prevents us from excluding liability, we will not be liable for any loss or damage or liability of any kind whatsoever (including consequential loss or lost profit or business) whether suffered or incurred by you or another person and whether in contract, or tort (including in negligence), or otherwise and whether such loss or damage arises directly or indirectly in connection with our Site, our Premium Platform, the Site/Premium Platform Contents and HB Products and Services. All use of the Site, the Premium Platform, the Site/Premium Platform Content and HB Products and Services is at your own risk.
  1. Governing Law
  • Australia: These HB T&Cs are governed by the laws of South Australia, Australia. The jurisdiction for all claims is South Australia, Australia.
  • New Zealand: These HB T&Cs are governed by the laws of New Zealand. The jurisdiction for all claims is New Zealand.
  1. Contact Details

 

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