Terms and Conditions

We are committed to providing quality Services to you and these Service Terms (“Terms”)set out the rights and responsibilities of our relationship together.

Please read these terms and conditions carefully. 

By accessing the Website, you agree to our Terms, which include the Privacy Policy and Cookie Policy. Your continued use of this Website is your acceptance of any updated terms that may be changed without notice at any time.

You become a “Client” when you participate, purchase (paid or unpaid or barter), or use any of our Services sold on or off this Website; this includes the Nids Nidra content via GoKollab App. A Client is also subject to these Terms. 

If you do not accept the Terms or are under 18 years of age, you must discontinue use of the Services immediately. 

ABOUT NID'S NIDRA AND THE AWAKENING SPIRAL

Nid Ra t/a Nid’s NidRa is a sole proprietorship (“We/Us/Nid/Nid's Nidra”) whose registered office is Unit 2, 8 Eustace Street, Manly, NSW, 2095, Australia operates the websites www.nidsnidra.com and www.awakeningspiral.com  and provides the Services (as defined below). 

Nid’s Nidra “Services”. 

Nid’s Nidra website at www.awakeningspiral.com and www.nidsnidra.com has been created for your free enjoyment and use and is the “Website”. 

We provide live sessions of spiritual embodiment to individuals and groups both online and in person. Formats of these sessions include intuitively guided circles, workshops, retreats and membership. 

Group sessions, courses and series are recorded for our membership to offer on-demand and replay of live sessions. 

We provide on-demand series and courses that include video, audio, PDFs, and graphics, which are available via a software application, Ivorey.io. 

We host a Community Forum area for simple discussion and support amongst our Clients this is also via the software application, Ivorey.io and may use WhatsApp chat groups. 

You may purchase or have included in your program a handmade candle with aromatherapy oils for you. 

Details of each specific Service may vary. These are specified on the Website and at purchase in Ivorey.io. These may be updated from time to time. You will be notified if your specific service is changed.

USE OF OUR WEBSITE

The content of the Website is for information purposes only. The content focuses on areas of general interest and provides summary overviews of the subject matter. You should always seek professional independent advice before acting on any information contained on this Website. 

You must not use the Website to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Website or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Website or any other website or damage or destroy the reputation of us or any third party.

We accept no obligation to monitor the use of the Website. However, we reserve the right to do so and to disclose any information as required by law and/or to remove, refuse to post or edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. We will also, in its absolute discretion, fully cooperate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.

We may suspend the operation of the Website for repair or maintenance work or in order to update or upgrade the contents or functionality of the Website from time to time. Access to or use of the Website or any Websites or pages linked to it will not necessarily be uninterrupted or error-free.

ACCESING OUR SERVICES

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. 

Parts of our Services may only be accessible to specific clients. 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 Nid’s 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. 

CONDITIONS OF SERVICE

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

The Service provided is recognised as a safe practice, however, there are always some risks associated with any sort of physical, emotional, mental, spiritual and business activity. 

You must complete the Waiver before receiving any live Services from us.

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. 

If you have any of the following, please contact Nid directly to review your circumstances: 

A heart condition where a doctor recommended only medically supervised activity. 

Respiratory diseases such as asthma or COPD require additional guidance. 

Loss of consciousness or fall over as a result of dizziness.

Bone or joint problems that could be aggravated by the proposed activity.

Been prescribed 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 eight (8) weeks. 

Serious trauma or psychological conditions, e.g. bi-polar or schizophrenia, brain injuries or long-term subtance abuse. 

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. If you are unsure of specific risks for a service, they are listed in the checkout terms of the particular service. 

YOUR SESSIONS

MANAGE YOUR SESSIONS

To book your sessions or classes please use Ivorey.io links provided in emails or at https://members.awakeningspiral.com  

You can manage payment, rescheduling and cancellation here as well as your personal information that you wish to inform us about, or use your Client Portal at https://members.awakeningspiral.com, or via GoKollab App when logged into your account. 

CANCELLATIONS

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. If cancellation is necessary, then your advanced notice gives other clients the opportunity to book. 

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 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:

Provided to unacceptable skill or level,

Unfit for the purpose that you asked for, or 

Not delivered within a reasonable timeframe where there is no agreed end date. 

This cancellation clause does not apply to Business projects that require Nid Ra to prepare tailored Business 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. 

Nid’s 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 for 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 unless you have chosen an option for a monthly payment plan. You may purchase within NidRa’s App and will be responsible for ensuring sufficient funds are in your account to make payments, and you may cancel payments. You can manage payments at https://members.awakeningspiral.com  

International transactions may include card processing fees. This is your responsibility to manage and we do our best to provide you with options for payment in various currencies and using different payment processors. 

REFUNDS

Refunds are rare at Nid’s Nidra so we consider them on a case-by-case basis. 

COMPLAINTS

If you are unsatisfied with any of Nid’s 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 Nid’s Nidra offers the best possible services 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 Nid’s 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 Nid’s 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 under the laws of New South Wales in Australia. 

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: NID'S CONTENT

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 Nid first, so please contact Nid Ra.  All use must be attributed back to us "[© or TM] 2024 by Nid’s NidRa" and if online please include a hyperlink back to this Website. 

SERVICES AND CONTENT

The Services, including Websites contain social media posts, information in sessions, courses both live and recorded, 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. 

None of the Material or any part of it may be reproduced on any other website or application. It is a condition of your use that you may not remove any copyright or trademark notices on the downloaded Material. You may not transmit, distribute, modify, reuse, repost or make derivative works using any of the Material for commercial purposes. 

If you seek to reproduce or use the material not owned by us in any way then it is your responsibility to obtain approval for such use where necessary.

You may share the Material on social media platforms using the links provided on the Website to ensure that the Material links back and is credited to us either using our social media handles or linking back to the relevant website page. This does not grant a trade mark or copyright license for the use of such shared Material. Please credit us as provided above. 

These are:

Instagram: @nids.nidra

YouTube:https://www.youtube.com/@NidsNidra 

Nid Ra’s Business Content

If you purchase specific written content from a Service for your business, 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 the website.

USER GENERATED CONTENT

Our Services contain user-generated content that may include written, images and video content shared with our clients. These include community forums and the ability to comment on the online course content, Nids Nidra content via GoKollab App 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 submitted content 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. 

COMMUNITY POSTING

Please be conscious that we are building a community to uplift, support and facilitate each other for wellbeing in their lives. Respect for each other is essential and this includes where contributions by others may create reactions within you. Your reactions are your responsibility to process and do not warrant any counter or defensive responses in our community. You may notify Us of any posts that breach the below list in our Posting Rules. 

You may submit, post and/or upload content including comments and pictures) to various parts of our services. In posting your content to our Services, you confirm to us that you are the owner of the content or have express permission from the owner to post the content, and it does not violate any privacy rights, copyright or other intellectual property rights, contract rights or any other rights of any person or legal entity. 

If it is not your content, you must receive their permission in writing before you repost. The owner may charge for the repost and require credit for their work. 

By submitting content, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and full sub-licensable right to license and to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content that you post (in whole or part) and/ or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such content. 

We reserve the right to remove your content, at any time and for any reason, in accordance with our Posting Rules. You warrant that you have read and agree to the Posting Rules (below) which are incorporated in these terms of use and govern all interactions with us.

We may only be active on the community forum at set times and will notify the group of such times. 

POSTING RULES

These are general rules across all the communities provided by Nid’s NidRa, including but not limited to livestream online groups, Community Tab in the App and course content. We welcome users to share opinions and commentary with our Services. However, some opinions and comments will not be tolerated if they are not legal or do not add value, positivity, constructive conversation or knowledge to our services. 

It is in our sole discretion to delete any posts for any reason whatsoever, but will definitely delete those that include: 

Crude or sexually explicit language

Threatening, abusive or offensive language

Racist language

Language that offends the LGBT community

Sexist language

Content that preaches, insights or encourages religious hatred or ethnic hatred

Content to websites that link any of the above behaviour

Knowingly false or misleading content

Defamatory language and defamatory comments about others

Do not post personal information about yourself or others

Do not spam i.e. repost the same content over many articles

Provide external links for advertising or promotion for commercial purposes

Content that may prejudice ongoing court proceedings

Copyright infringements or content that infringes other intellectual property rights

Posting argumentative or off-topic debates

Offensive screen names 

Posting in a way to harass, threaten or attack anyone or behave in a way that could cause annoyance or distress to another person

Images of children are only permitted if they are your own and are not sexualised in any way. Be aware of privacy issues around sharing images of children and that they may not be protected from misuse on the internet and keep this in mind before posting. 

We reserve the right to ban any users at our sole discretion. Persistent posting of the above will result in a ban from the Website. 

We do not actively moderate the content on the Website. Please help us maintain a positive community and flag any comments that breach the above Posting Rules. You can flag comments by tagging with Nid in the forum. You can also email us with a screenshot of the flagged comment. 

If you believe that your rights have been infringed in relation to your content or that your content has been posted by others in breach of these rules, please contact us at nid@ nidsnidra.com with details of your complaint for us to investigate.

LINKS TO OTHER THIRD PARTY WEBSITES AND APPS

The Services may include links to third-party websites and services to which we have no control. We have not reviewed such other websites or services and do not warrant the accuracy of their content, services or products. 

We provide the links for convenience only and such links may not work, further, the link does not imply endorsement, sponsorship or any relationship with the other website or service. Use of their websites and clicking on those links is at your sole risk. Any personal information shared is in accordance with our Privacy Policy. 

When you click on this link you have left our website and services. We do not have control over what cookies or beacons or other technology these sites may use to track activity into their website, and do not have control over what data they may collect or their privacy policy. Use of their websites and clicking on those links is at your sole risk. We are not responsible for the protection and privacy of any information that you provide whilst visiting such sites and these sites are not governed by this Privacy Policy. We suggest that you read their privacy statement before using the website. 

We do not provide any personally identifiable customer information to these sites. If the site is an affiliate partner, a tracking cookie is logged to ensure any purchase provides a commission to us for our referral of you to their business. 

IMAGE AND PRIVACY

As a Client, you grant Nid’s NidRa the right to use your image, name, captured contributions and reviews in any visual, audio and other capture that we take during workshops, retreats or sessions for the purpose of replays and commercial content, as well as marketing and promoting the Nid’s Nidra across any and all media known present or in the future. You can notify Nid Ra of any images or content 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 a 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 and contributions in the live sessions is your 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, email, and written and verbal communications shall not constitute legal or financial advice and do not form any attorney-client relationship between you and Nid Ra.

PRIVACY AND CONTACT INFORMATION

We respect your privacy and information in our Services is governed by our Privacy Policy found here. Your use of this Website and submission of information to us is your acceptance of our Privacy Policy. 

This Website uses Cookies. Please review the Cookies Policy here for your acceptance of these in use of the Website. 

The Nids Nidra content via GoKollab App, booking services and courses are managed by Ivorey.io software. Ivorey.io sends reminders about your services with us. These can be turned off in your account in Ivorey.io under Account > Preferences and deselect ‘Transaction Emails’. 

We send an email every month with service updates and offers, and sometimes extra emails to announce special offers for our email list. You can unsubscribe at any time using the email footer, using the link below.

You can update your preferences for reminders or marketing emails at any time by contacting us or using: https://members.awakeningspiral.com  or within the Nids Nidra content via GoKollab App under ‘Account > Communication Settings’. Deselect ‘Transaction Emails’ for service reminders and ‘Marketing Emails’ for our other emails. 

TERMINATION OF SERVICE

We reserve the right to terminate your access to the Website, and 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, a violation of any applicable law or regulation, or may cause potential harm to Nids Nidra, the Website users or Nid’s 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. 

DISCLAIMERS

MEDICAL: Nothing supplied through, contained in or in connection with our Services constitutes medical, psychological or therapeutic advice. It is your responsibility to obtain your own medical advice suitable to your specific needs. You agree not to act or rely on any information in our Services without seeking the advice of a medical professional or therapist. Email, written and verbal communications between us and any person shall not constitute medical or therapeutic advice. 

LEGAL: 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 any Service or its Materials represent advertising of or legal advice. The use of the 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 or financial advice. 

The Services are provided ‘as is’ with all faults and without warranty of any kind. We disclaim all warranties with respect to the Website and Services either express, implied, statutory or otherwise, including quality, fitness for a particular purpose, accuracy and non-infringement of a third party’s rights. We do not warrant, guarantee or make any representations that the Services or Website are reliable, secure, or accurate, that they will meet your needs or requirements, that they will be available at any particular time or location, that any defects or errors will be corrected, or that they will be free of viruses or other harmful components. You use the Website and Services at your own risk. No oral or written communications from us shall create a warranty or in any way increase the scope of these Service Terms and you may not rely on any such communications. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consumer rights so some exclusions or limitations may not apply to you but they shall apply to the maximum extent permitted by law.

INFORMATION: We do not guarantee the accuracy of information provided through online courses, membership or free resources as part of the Services and will not be liable for any claims or losses related thereto.

We do not endorse, and nothing in the Services shall be deemed to be an endorsement, representation, or warranty of, any third party, whether in relation to such third party’s products, services, websites, experience, or background. We do not make any representations or warranties with regard to any materials posted by users.

LIABILITY LIMITED

Nid’s 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 the use of the Materials or the Services, to the extent permitted by law. 

Nid’s Nidra is not responsible or liable 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. This includes, but is not limited to, the transmission of any computer virus, and temporary interruptions to using our services arising from factors outside of our control (e.g. traffic congestion or problems from downloading third-party content). 

Nid’s 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 Nid’s 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 Nid’s Nidra’s defence in such a claim. 

SEVERABILITY

If any provision of these Service Terms is found unenforceable or illegal, we may amend such provision to make it enforceable and legal or such provision may be severed and in either case these Service Terms with such provision amended or severed will remain in full force and effect to the fullest extent permitted by law. 

Our failure to enforce any part or portion of these Terms shall not be considered a waiver.

CONTROLLING LAW AND COURTS

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 Nid’s 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 TERMS OF SERVICE

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.