Terms of Service

No Problems Publishing Incorporated and

Australian Institute of Tibetan Healing Practices Incorporated – Terms of Service

Last updated: October 2020

Please read the following Terms of Service carefully as they govern your use of this Website and stipulates the terms of your use of any of our services including attending any of our online or in person courses. By accessing the NPP and AITHP Website, you agree to these Terms of Service.

1. Application

No Problems Publishing Incorporated (ABN 74 439 575 326) (hereafter referred to as “NPP”) is the owner and operator of Overcoming Problems, Tibetan Healing and Yoga services (NPP Services), which is provided to both the Australian Institute of Tibetan Healing Practices Incorporated (ABN 84 512 506 043) (hereafter referred to as “AITHP”) and Tibetan Buddhist Healing Practices Incorporated (ABN 45 712 569 215) (hereafter referred to as “TBHP”).

AITHP provides services both directly to individuals at AITHP and TBHP centres but also via NPP Services (“AITHP Services”). Your rights to use the NPP Services and AITHP Services (the “Service”) are set out in these Terms of Service (“Terms of Service”), our Release Waiver (“Release Waiver”) and our Privacy Policy (“Privacy Policy”).

Website” means the whole or any part of the web pages located at https://www.noproblems.org.au/ and includes the layout, individual design elements, underlying code elements and any text, sounds, videos, graphics, animated elements or other content contained on our Website. NPP is the copyright holder and content owner of the website.

In these Terms of Service, the terms “we”, “us”, and “our” refers to NPP and AITHP, the service providers.

Our Terms of Service, Release Waiver, Sexual Harassment Policy and our Privacy Policy are collectively referred to as the Agreement (“Agreement”).

We may change these Terms of Service at any time without notice. Any amendment will be effective immediately. Your continued use of this Website after any amendment constitutes an agreement by you to comply with, and be bound by, the amended Terms of Service. Accordingly, you should access and read the Terms of Service from time to time for changes.

IMPORTANT: By accessing or otherwise using the service, including accessing, browsing, posting on and downloading any materials, you acknowledge and agree to be bound by this agreement and agree to access or otherwise use the Service in accordance with this agreement.

If you do not accept and agree to be legally bound by and comply with the Agreement, you are not permitted to access or otherwise use the Service.

You acknowledge that the NPP and AITHP Website has been established to provide information and services on Tibetan Healing and Yoga, relating to the understanding of the mind and body, and it is not intended to be a substitute for professional mental health or medical advice, diagnosis or treatment. You should not disregard professional mental health or medical advice, or delay seeking it, because of any information contained on our Website.

If you are in immediate danger, call triple zero (000) for emergency services.

2. Ability to Accept Terms of Service

  • provide relevant information (including personal information) to enable NPP and AITHP to provide you with the service you have requested;
  • provide NPP and AITHP with up to date contact details.

NPP and AITHP may, in its discretion, access, monitor and review content or material which you submit to the Website. You grant NPP and AITHP a perpetual royalty free, non-exclusive, irrevocable, worldwide licence (with a right to sub-license to our authorised nominees) to use, modify, copy, distribute, transmit, reproduce, publish, display and broadcast the material you have submitted or posted on the NPP and AITHP Website including in any promotional or communication activities NPP and AITHP conducts in Australia or overseas.

If you have a complaint about any of the content that may be published on our Website, you should contact us via email at enquiries@noproblems.org.au.

3. NPP and AITHP Service

To the extent permitted by law, NPP and AITHP has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites.

NPP and AITHP will not and cannot censor or edit the content of any third-party website. By using the Service, you expressly acknowledge and agree that we are not liable to you or anyone else for any loss or damage, however caused (and whether direct, indirect, consequential or economic) which may be directly or indirectly suffered in connection with use of our Website or websites or applications of third parties which are accessible from our Website .

This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

4. Privacy

You should ensure that you read our Privacy Policy.

We will process all Personal Data supplied by you according to our Privacy Policy.

Our Privacy Policy forms part of this Agreement. Accordingly, you must comply with your obligations in the Privacy Policy.

5.Release Waiver

You should ensure that you read and sign our Release Waiver form which is included in this Agreement. Accordingly, you must comply with your obligations in the Release Waiver which can be found at Release Waiver.

6. Indemnity

You agree to defend, indemnify and keep indemnified, NPP and AITHP and its respective employees, volunteers, agents, representatives, contractors and licensees against any and all claims, demands, obligations, losses, liabilities, costs (including legal fees) or damages incurred and suffered from the use of and access to the Service, including (without limitation) as a result of any:

a) breach of this Agreement (including, for the avoidance of any doubt, the Privacy Policy and Release Waiver);

b) violation of any Intellectual Property or other rights of a third party, or privacy right; or

c) your access or use of the Service, and/ or Personal Data posted by you through or at the Service.

This Indemnity clause will survive this Agreement and your use of the Service.

7. Specific warnings and disclaimers

NPP and AITHP makes no representation or warranty as to the reliability, accuracy or completeness of the information contained on our Website, or that your use of our Website will be uninterrupted or error free.

You should not act on the basis of anything contained on our Website without first obtaining professional advice specific to your circumstances. Never disregard professional mental health or medical advice or delay the seeking of treatment because of something you have seen on our Website. You must make your own assessment of the information contained on our Website and, if you choose to rely on it, it is wholly at your own risk.

We are not liable to you or anyone else if interference with or damage to your computer system occurs in connection with your use of our Website or a third-party website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else that may interfere with or damage the operations of your computer system.

We may, from time to time, change or add to our Website without notice. However, we do not undertake to keep our Website updated and we will not be liable to you or anyone else if errors occur in the information on this Website or if that information is not up to date.

To the fullest extent permitted by law, NPP and AITHP exclude all warranties, representations, implied terms and guarantees about the currency, accuracy, completeness, suitability, functionality or reliability of the NPP and AITHP Website, including any materials and resources provided on our Website.

8. Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the New South Wales courts for any matter arising under or relating to this Agreement.

9. Validity

Nothing in this Agreement shall be construed as excluding or overriding any mandatory terms imposed under any legislation applicable to this Agreement or its performance.

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or removed to the minimum extent necessary so that this Agreement shall otherwise remain in full effect.

10. Amendments to this Agreement

This Agreement may be amended or replaced from time to time, with or without prior notice to Users, by posting an updated Agreement. Any updated Agreement becomes effective as soon as it is posted. Your use of the Service following any amendment constitutes your acceptance of any updated Agreement. If you do not agree to any updated Agreement, you must not use the Service.

11. Prohibited Activities and Confidentiality

You must not submit, post or upload any material to the NPP and AITHP Website, or any social media app, which:

a) is inappropriate, offensive or contrary to any applicable laws or standards, including, without limitation, material which:

i) is obscene or indecent, depicts violence, sexual activity or pornography;

ii)contains instructions in drug use;

iii). instructs or encourages criminal activity; or

iv) defames, harasses, menaces, threatens, abuses, offends or embarrasses any person;

b) infringes the copyright, moral rights, confidentiality rights or intellectual property rights of any person, for example, by reproducing songs, poems, articles, logos, trademarks, pictures, photos, music or other material that is not owned by you (or which you do not have a licence to reproduce on the site);

c) infringes any of our rights or the rights of any third person including privacy rights;

d) breaches any laws, regulations, standards or codes as enacted, modified or updated from time to time;

e) impersonates any person or suggests a connection to a group or organisation which is misleading;

f) advocates the use of force or violence towards any person;

g) encourages, endorses, approves or recommends the performance of dangerous or illegal acts including suicide or self-harm; or

h) contains a virus or other code that has harmful or destructive properties; or any other activity our representatives from time to time instruct you to refrain from.

i) any other activity our representatives from time to time instruct you to refrain from.

j)  NPP and AITHP reserves the right to set rules of conduct for events and services online and face-to-face, which may change from time to time of which you will be notified in writing.

People attend classes often to solve everyday personal problems through the wisdom of Tibetan Healing Principles. Due to the nature of the classes, people may supply private and sensitive information that should not be discussed outside of the class environment. A safe environment is essential for supporting students in facing and addressing their problems, and the assurance that personal information that they choose to disclose is treated to maintain privacy and sensitivity.

You must keep all information discussed, taught, verbal or written information shared in classes whether by other members, students, NPP, AITHP and/or TBHP in the strictest confidence at all times.

In addition, you must always do the following for online classes/events and face-to-face classes/events (where applicable):

  • Mobile phones to be on silent for the duration of the class/event.
  • To be on time.
  • The chat function for classes/events on zoom will not be available unless otherwise indicated.
  • Comply with all Yoga Australia rules and regulations.
  • Make sure that no unauthorised persons are permitted to attend.
  • Take no screenshots or photographs of the screen.
  • Have a clear image of myself.
  • Turn off all screen or sound sharing.
  • No false backdrop.
  • Keep video turned on at all times.
  • Not to leave the session before its completion.
  • No video, audio or filming of the screen or sound are taken.
  • Anything seen or heard during a session is to remain confidential, and is not to be repeated in any form.
  • Keep confidentiality from third parties.
  • Keep confidentiality from one student to another.
  • Join in a private room where others cannot hear what is being said and wear headphones if needed to ensure privacy.
  • Only to use first names to protect my own privacy.
  • No physical contact, such as touching, hugging or kissing, when there is face-to-face contact.
  • Sexual behaviour or flirting of any kind will not be tolerated.
  • Due to the risk of breaching confidentiality, social interaction between students outside the centre is not permitted, unless a prior relationship existed.

You must keep all information discussed, taught, verbal or written information shared in classes whether by other members, students, NPP, AITHP and/or TBHP in the strictest confidence at all times.

12. Copyright

Users of our Website have access to and may download available materials and resources for personal use only in a private setting and any reference to the material outside this setting must be referenced as the material of NPP and/or AITHP. All intellectual property rights in materials and resources provided on the Website are owned by NPP.

You must not do anything with the materials and resources that is not expressly authorised by these Terms of Service. Without limitation, you must not modify, adapt, sell, or use the materials and resources for a commercial purpose (such as charging third parties for access to the materials and resources) or personal gain without the prior consent of NPP.

You acknowledge that NPP and AITHP is not a counselling service. The content of the NPP and AITHP Website including the materials and resources is intended for information purposes only. The NPP and AITHP Website, materials and resources are not intended to be suitable for professional mental health or medical advice, diagnosis, or treatment.

13. Trade Marks

All trade names, trade marks, service names, and logos displayed on our Website are proprietary to their respective owners and are protected by applicable trade mark and copyright laws. These Marks may be our registered or unregistered Marks or may belong to others and are used on our Website with permission of the relevant owner.

You will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Service; nor will you post to the Service any material which infringes any intellectual property rights of any third party.

You are not permitted to copy, share or distribute e-courses or content produced by NPP and/or AITHP, or distributed by NPP and/or AITHP and available through our Website.

By using the Service, you confirm that any Content and Personal Data you submit or post to the Service will not infringe any other person’s Intellectual Property Rights or any law.

If I fail to meet this conduct as set out in Clauses 11, 12 and 13 of our Terms of Service and cause harm to a teacher, another member or student, I will repay NPP and/or AITHP any financial loss and costs from this error.

14. Third-party Websites

Any links to third-party sites or applications are provided for your convenience only. If you access a third-party website or application from the NPP and AITHP Website, you do so at your own risk. The inclusion of a third-party website should not be interpreted as any endorsement, approval, recommendation or preference by us of the owners or operators of the third-party website, or for any information, product or service referred to on third-party website.

You understand that these Terms of Service do not apply to your use of such third-party sites or applications.

You acknowledge and agree that NPP and AITHP is not responsible or liable for your use of any third-party website, application, service or content.

We are not responsible for the privacy practices of any third-party social media or other service providers that you can access through our Website.

15. Your visit to our Website

When you access our Website, we may send a “cookie” (a small summary file containing a unique ID number) to your computer or internet enabled device. We may collect your personal information through the use of cookies.

We use cookies to:

  • Recognise your computer or internet enabled device
  • Greet you each time you visit our website
  • Keep track of services you view
  • With your consent, send you news about viewed services
  • Measure traffic and engagement patterns, to evaluate our website visitor’s habits
  • Identify and continually improve our services, programs, content and resources
  • If you do not wish to receive cookies, you can set your browser so that your computer does not accept them

All of the information we collect is aggregated and cannot be used to identify you individually. This information is used to evaluate website usage in order to maintain its effectiveness.

We do not collect this information for any type of online advertising.

16. Social media

We have a number of social media accounts, which may include Facebook, Twitter, Instagram and LinkedIn. All content on our social media pages is subject to individual terms of use as outlined by each social media provider.

By interacting with our social media pages, you agree to be bound by the terms of use of the relevant social media provider.

The terms for online conduct in clauses 11 and 12 also apply to social media behaviour.

17. Contact us

If you have any questions or comments about this Agreement, including our Terms of Service, Release Waiver and Privacy Policy, please write to us at:

No Problems Publishing Inc.

Email: enquiries@noproblems.org.au

Phone: 0451 658 572

Please provide sufficient detail about the information in question to help us locate it.