Terms and Conditions
Privacy and Security
Indemnity and Liability
Warranties and Representations
Registration and participation in the online public program known as ‘the happiness trap Program’ (“The Happiness Trap Program”) and available on thehappinesstrap.com/ (“Promotional Website”) is subject to the following terms and conditions (“Terms”). In these Terms, “We”, “Our” or “Us” means Psychwire Australia Pty Ltd (A.C.N. 149 920 785). “You” or “Your” means you as an individual who:
(a) is in the process of or has completed the online registration process
on https://thehappinesstrap.com/ (“Website”) or on the Promotional Website (“Register” or “Registration”); or
(b) creates a User Profile enabling You to participate in The Happiness Trap Program (“Participate” or “Participation”).
1.1 Registration and Participation in The Happiness Trap Program is governed by these Terms.
1.2 You should print off or save a local copy of the Terms for Your records.
2.1 In order to Register, You must agree to the Terms by:
(a) clicking to accept/agree to the Terms; and
(b) paying the fees for Participation in The Happiness Trap Program (“The Happiness Trap Program Fee”) as an upfront once-off payment
2.2 The Happiness Trap Program Fee will be the amount provided to You at the time of Registration.
2.3 We, in Our absolute discretion, may offer a discount on The Happiness Trap Program Fee.
2.4 In paying The Happiness Trap Program Fee, We may provide You with a coupon or coupons for an upcoming course We offer (“Coupon”). Such Coupon is provided by Us to You in our absolute discretion. The Coupon is not redeemable for cash and cannot be resold or exchanged.
2.5 Notwithstanding clause 2.1, You may not accept the Terms, Register or Participate if:
(a) You are not of legal age to form a binding contract; or
(b) You are a person barred from entering into contracts: (i) under Australian legislation; or (ii) under legislation for the time being applicable to You.
2.6 In order to Register, You will be required to provide Your name, email address and payment details on the Website or the Promotional Website.
2.7 By accepting the Terms, You agree that the Terms are not unconscionable, that there is no unfair bargaining power or position, that there is no duress, and that You have carefully read and understood the Terms.
2.8 If You do not understand any part of the Terms, You should seek independent legal advice.
3.1 The Happiness Trap Program is intended for Participation by individuals and is open to the public.
3.2 In order to Participate, You must:
(a) create an online account on the Website by providing Your name, address and creating a username and password (“User Profile”); and
(b) Register pursuant to clause 2.
3.3 The User Profile is personal to You and is not transferable. You are responsible for all actions taken and all information posted on Your User Profile. You should notify Us of any breach of security of Your User Profile immediately.
3.4 We may delete User Profiles at our discretion. If Your User Profile is deleted, You are prohibited from setting up a new User Profile.
3.5 Participation provides You with access to:
(a) The Happiness Trap Program; and
(b) The Happiness Trap Program materials, including video content, audio content, quizzes, handouts, transcripts, research papers, blog content, images and animations available on the Website (“The Happiness Trap Program Material”)
3.6 The Happiness Trap Program will run for a period of (6) six months from the date of purchase .
4.1 We, in our sole discretion, reserve the right to cancel The Happiness Trap Program. In the event that The Happiness Trap Program is cancelled, You will be contacted as soon as practicable and We will arrange a credit or refund of The Happiness Trap Program Fee (on a pro-rata basis should The Happiness Trap Program be cancelled during The Happiness Trap Program Term) upon request.
4.2 You can cancel Your Registration, for a full refund of The Happiness Trap Program Fee minus any credit card surcharges, within (48) forty-eight hours from the day of Registration. Should You cancel Your Registration after (48) forty-eight hours of Registration, You will not be entitled to a refund of the The Happiness Trap Program Fee already paid.
4.3 To cancel Your Registration, you must notify Us in writing by using the ‘contact us’ form on the Website.
5.1 The Happiness Trap Program Fee is payable as an upfront once-off payment to be made at the time of Registration.
5.2 You authorise us to debit your credit card for The Happiness Trap Program Fee in accordance with clause 5.1.
5.3 We use a third-party banking merchant to process payments of The Happiness Trap Program Fee and, in these circumstances, Your use of these payment facilities may be subject to the terms and conditions of the third-party banking merchant.
5.4 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.
6.1 We do not and cannot issue continuing education credits to licensed professionals.
6.2 Licensed professionals subject to supervisory requirements by mental health board approved supervisors or supervisor training providers (“Approved Supervisor”) in order to maintain their licence to practise (“Supervisory Requirements”) acknowledge that The Happiness Trap Program is not supervised by Approved Supervisors and is not a substitute for meeting Supervisory Requirements. Licensed professionals subject to Supervisory Requirements are solely liable for ensuring that they meet their respective Supervisory Requirements.
6.3 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 this clause 6.
7.1 We may terminate Your Registration, if in Our reasonable opinion You have breached the Terms. If We terminate Your Registration:
(a) Your User Profile will be deleted immediately (if applicable);
(b) You are no longer authorised to access The Happiness Trap Program, the Website or the Promotional Website;
(c) You will continue to be subject to and bound by all restrictions imposed on You by the Terms; and
(d) all licences granted by You and all disclaimers set out in the Terms or elsewhere on the Website will survive termination.
7.2 You may terminate Your Registration at any time by notifying Us in writing by using the ‘contact us’ form on the Website. If you have a User Profile, we will delete Your User Profile within fourteen (14) days of receipt of such notification.
7.3 Notwithstanding clause 4, should Your Registration be terminated in accordance with clause 7.1 or 7.2, You will not be entitled to a refund or credit of The Happiness Trap Program Fee.
9.1 We reserve all present and future rights anywhere in the world in relation to copyright, trademarks, designs, patents or other proprietary rights, or any rights to registration of such rights whether existing before or after Registration (“Intellectual Property” or “Intellectual Property Rights”) in all material, content and information, including but not limited to files, written text, papers, presentations, books, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression on the Website and on The Happiness Trap Program (“Content”).
9.2 By accepting the Terms, You are granted a non-exclusive, non-transferable licence to:
(b) print pages from; and
(c) download Content from The Happiness Trap Program, The Happiness Trap Program Materials and the Website for your personal use.
9.3 You must not, without Our prior written consent, which may be withheld in our absolute discretion:
(a) copy, republish, reproduce, duplicate, extract or create derivative works from; (b) reverse assemble, reverse compile, or otherwise translate;
(c) re-distribute, sell, rent or licence; or
(d) edit, modify or vary in whole or in part, any Content from The Happiness Trap Program, The Happiness Trap Program Materials and/or the Website.
9.4 Where You have provided feedback or other suggestions about The Happiness Trap Program or the Website, You acknowledge that We may use such feedback or suggestions to improve The Happiness Trap Program or the Website without any obligation to compensate You for such feedback or suggestions.
10.1 You must not use, or cause the Website, Promotional Website or The Happiness Trap Program to be used, in any way which:
(a) breaches any clause of the Terms;
(b) infringes Our or any third party’s Intellectual Property Rights;
(c) is fraudulent, illegal or unlawful;
(d) causes impairment to the enjoyment or availability of, or accessibility to The Happiness Trap Program or the Website; or
(e) is offensive or threatening to others, this includes posting obscene, harassing, defamatory, filthy, violent, pornographic, abusive, objectionable or illegal material to the Website.
10.2 We reserve the right to monitor Your use of the Website and participation in The Happiness Trap Program and if reasonably consider that You are not complying with the Terms, We may cancel Your Registration and access to The Happiness Trap Program effective immediately, which may result in Your loss of The Happiness Trap Program Fees.
11.1 General indemnity
You agree to indemnify Us against any claim, action, damage, loss, liability, cost, charge, expense or payment which We may pay, suffer, incur or are liable for, in relation to any act You do or cause to be done, in breach of the Terms.
11.2 Exclusion of Liability
(a) To the maximum extent permitted by law, We will not be responsible and will be excluded from all liability, for any loss or damage whatsoever (including personal injury, loss of life and damage to property) that You or another person may suffer in connection with the use of or reliance on the Content provided in The Happiness Trap Program, The Happiness Trap Program Materials, on the Website or on the Promotional Website.
(b) None of Our affiliates, directors, officers, employees, agents, contributors, third party content providers (including The Happiness Trap Program trainers) or licensors make any express or implied representation or warranty about the Contents of The Happiness Trap Program, the Website or the Promotional Website.
(c) You acknowledge and agree that the Happiness Trap Program is an online course and there are limitations that may affect Your ability to access the Happiness Trap Program or any associated materials. Such limitations may include, but is not limited to, a poor or non-functional internet connection. You agree that We will not be liable for any loss or damage if You are unable to properly access the Happiness Trap Program or any associated materials for any reason whatsoever.
11.3 No Guarantee as to results
You agree that participation in the Happiness Trap Program does not guarantee results of any kind. We expressly exclude any and all liability that the Happiness Trap Program will:
(a) Meet Your expectations of any kind;
(b) Suit Your needs; or
(c) In any way produce a result that You hope to achieve.
11.4 Information accuracy
You acknowledge that some of the Content on the Website and via The Happiness Trap Program may be provided by way of blogs or comments made by other Participants and that We do not accept any liability for the accuracy of such information or Your reliance on the same.
By completing Registration, You agree and accept that the indemnity and limitations of liability provided in this clause 11 are reasonable.
You agree that this clause 11 will survive the termination of Your Registration, Participation or completion of the Happiness Trap Program.
12.1 By completing Registration, You:
(a) accept the Terms;
(b) confirm that all the information You have given us in connection with Your Registration is complete, true and correct;
(c) acknowledge and agree that the Happiness Trap Program is only an educational course and is not a substitute for therapy of any kind;
(d) accept that it is Your responsibility to ensure that the personal information You provide to Us is kept current. Any changes to Your name, address, email address, phone numbers, payment options or banking details (where necessary) should be sent to Us as soon as practicable;
(e) agree to retain a current email address by which You can be contacted for The Happiness Trap Program Term; and You acknowledge and agree that You may be prevented from completing Registration or have Your Registration and Participation cancelled if we determine, in our sole opinion, that any of the above statements are untrue, or You are otherwise in breach of the Terms.
12.2 To the extent permitted by law, the Content of The Happiness Trap Program, The Happiness Trap Program Material and Website is provided without warranties of any kind, whether statutory, express or implied, including but not limited to, warranties of title, non-infringement, merchantability, fitness for a particular purpose, accuracy, completeness, compatibility with software or equipment. We make no warranties or representations that The Happiness Trap Program, The Happiness Trap Program Material or Website will be free from error or liability. By participating in The Happiness Trap Program or using the Website or any of The Happiness Trap Program Material, You accept all liability for Your actions.
12.3 You agree that this clause 12 will survive the termination of Your Registration, Participation or completion of the Happiness Trap Program.
13.1 Any provision of, or the application of any provision of these Terms which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
13.2 Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
13.3 If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.
13.4 This agreement shall be governed by and construed in accordance with the laws of New South Wales and the Parties agree to submit to the exclusive jurisdiction of the Courts of New South Wales.
8 Feb 2019
The Sushi Train metaphor offers a great tool for unhooking from difficult or unhelpful thoughts.