Please read these Terms carefully prior to accepting these Terms. By accepting these Terms, you agree that:
These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.
Welcome to Blisspot! We are proud to offer you our wellbeing services. We're excited to help you on your wellbeing journey! But first, there are just a few terms and conditions that we need to cover to make sure we're all on the same page.
We set out on the Platform the various ways in which we can assist you (our Services), including the different access passes with different inclusions that we offer to you (Access Pass).
Depending on the Access Pass, we may offer Unlimited All-Course Access, podcasts, meditations, User Content and more (together, the Content).
You acknowledge and agree that neither we nor our personnel are medical practitioners, and do not give medical advice, treatment or diagnoses. Our Content, and any other information provided through the Platform is intended to assist you to achieve your wellbeing goals. You acknowledge and agree that nothing in the Platform or in the Services we provide may be taken to be medical advice, treatment or a diagnosis by us or our representatives nor are they intended to be a substitute for consulting a medical practitioner for your particular circumstances and needs.
You acknowledge and agree that the Services are provided for general information purposes only, and on an “as is” basis. The Services are not intended to be, and you must not use the Services on the basis that it is individualised or customised advice. If you choose to make use of any information, materials or deliverables provided in the delivery of the Services, you do so at your own risk. We do not assume any responsibility or liability, and you waive and release us from all responsibility or liability, arising from or connected with your use or reliance on the information, materials or deliverables provided in the delivery of the Services. It is your sole responsibility to determine the suitability, reliability and usefulness of our Services. Use of our Services is not intended to create, and does not create, a client relationship, or give rise to a duty of care, between you and us.
We encourage you to seek appropriate medical advice before using the Platform.
This platform (Platform) is operated by Blisspot Pty Ltd (ABN 65 623 616 697) (we, our or us). It is available via our website https://blisspot.com/, https://blisspot.app/, and Blisspot App (App) and may be available through other addresses or channels.
You accept these terms and conditions, including any policies, codes of conduct or other terms set out on the Platform (Terms), by registering for an Account and using the Platform.
You can browse and view some of our content without an account, however, you are required to create an account to access certain features and to benefit from your selected Access Pass (Account). You can create an account via our website or App either as an individual or when you sign up as a wellbeing partner. You must provide basic information when registering for an Account including your name, business name, email address, location, and payment details, and you must choose a password. You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
When you create an account, you select an Access Pass. The Access Pass available to you will give you access to different features of the Platform.
When you create an account, you will choose a subscription period (Subscription Period). We offer the option of monthly Subscription Periods, as well as any other Subscription Period set out on the Platform.
To access the benefits of your Access Pass, you must create your Account, select your Access Pass, Subscription Period or link your Wallet address, and pay the Access Pass Fee set out on the Platform.
You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including purchases made using your Account details.
You will immediately notify us of any unauthorised use of your Account.
At our sole discretion, we may refuse to allow any person to register or create an Account.
You must pay us the fees set out on the Platform or listed on OpenSea in relation to your Access Pass (Access Pass Fee) in order to receive the Services outlined in your Access Pass. The Access Pass Fee is paid in advance for the Subscription Period. You may pay for the Access Pass via Stripe or purchasing a Access Pass NFT from OpenSea, or any other method set out on the Platform.
If you purchase an Access Pass via Stripe you must pay the Access Pass Fee for each Subscription Period via direct debit from a credit card or bank account. The Access Pass Fee will be automatically debited on the billing date set out on the Platform (Billing Date). The direct debit arrangement may be subject to additional terms and conditions from third-party payment providers, as set out on the Platform.
You need a digital asset wallet (Wallet) to allow you to pay for your Access Pass NFT. You agree that you are using your Wallet under the terms and conditions of the applicable provider of the Wallet. We have no affiliation with the provider of your Wallet and no responsibility for your Wallet. You are solely responsible for keeping your Wallet secure and you should never share your Wallet credentials or seed phrase with anyone.
If you purchase an Access Pass by purchasing the Access Pass NFT, you must pay the Access Pass Fee set out on OpenSea and link your Wallet to your Account. After we verify the smart contract address of your Access Pass NFT in your Wallet, you will have access to the benefits of your Access Pass. You will not be required to pay a recurring payment after you purchase your Access Pass NFT. There will be different Access Pass NFTs available for purchase on OpenSea to reflect the different Access Pass entitlements.
If you discover an issue related to your Wallet, please contact your Wallet provider. You agree that we are not liable for any acts or omissions by you in connection with your Wallet. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Platform or your Wallet.
To the maximum extent permitted by law, and subject to your Consumer Law Rights, the Access Pass Fee is non-refundable.
Your Access Pass will automatically renew for the same term as your initial Subscription Period if you make payments through Stripe, unless you cancel your Access Pass by giving written notice at any time before the next Billing Date. You can read more about our cancellation policy below. Alternatively, after your Access Pass NFT expires you will no longer have access to your Account and your Access Pass will not automatically renew. If you wish to continue using our Services you will need to purchase another Access Pass NFT.
The Access Pass Fee includes GST. You are responsible for all taxes, levies or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of them. We have no responsibility to them on your behalf.
We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms and Conditions.
We may modify the Access Passes and Access Pass Fees from time to time upon notice to you. The updated Access Pass Fees will apply to the next Billing Date after the change has occurred. The notice may be provided at any time via email or via notification to your Account. If you do not agree to the price change, you may cancel your Access Pass in accordance with the cancellation clause below.
Changing your Acess Pass
If you purchase your Access Pass via Stripe:
You may upgrade or downgrade your Access Pass at any time in the Account page/ manage Access Pass (or similar) or by sending us an email. The payment method linked to your Account will automatically be charged the Access Pass Fee for your new Access Pass on the next Billing Date.
If you purchase your Access Pass as a NFT from OpenSea:
If you wish to upgrade or downgrade the Access Pass you may do so at any time by selling your Access Pass NFT on any secondary marketplace and purchasing another Access Pass NFT.
Cancelling your Access Pass
If you purchase your Access Pass via Stripe:
You may cancel your Access Pass at any time by providing us with written notice before the next Billing Date (which you may provide via email or through the Platform). We will provide you with confirmation that your Access Pass has been cancelled via email or via the Platform. If you cancel your Access Pass after the next Billing Date, you will be charged the Access Pass Fee on that Billing Date and the cancellation will become effective on the following Billing Date.
If you purchase your Access Pass as a NFT from OpenSea:
If you wish to cancel your Access Pass NFT you must notify us by way of email and we will immediately cease providing the Platform to you.
After you receive confirmation from us of cancellation of your Access Pass, your access to the Platform will end on the next Billing Date.
To the extent permitted by law, and subject to your Consumer Law Rights, no refunds will be made upon cancellation.
Where you have cancelled your Access Pass due to change of mind or other circumstances, we do not provide refunds of the Access Pass Fee. For the avoidance of doubt, we do not offer refunds of Access Pass Fees for any Subscription Period on a pro-rata basis, due to change of mind or other circumstances.
We do not allow for an Access Pass to be put on hold or “frozen”.
We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information, we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
Our Privacy Policy contains further information about (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint handling process.
By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (1) anything that would constitute a breach of an individual's privacy (including uploading private or personal information without an individual's consent) or any other legal rights; (2) using our Platform to defame, harass, threaten, menace or offend any person; (3) interfering with any user using our Platform; (4) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform; (5) anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations; (6) using our Platform to send unsolicited email messages; (7) using data mining, robots, screen scraping or similar data gathering and extraction tools on our Platform; or (8) facilitating or assisting a third party to do any of the above acts.
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content (including downloaded Content) does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) (1) copy or use, in whole or in part, any Content; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any intellectual property rights connected with our Platform, including by (a) altering or modifying any of the Content; (b) causing any of the Content to be framed or embedded in another website; or (c) creating derivative works from the Content.
You may be permitted to post, upload, publish, submit or transmit relevant information and content, including updates about your wellbeing journey, photographs, and goals (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, and modify such User Content on, through, or by means of our Platform. By uploading a photograph to the Platform you grant us permission to publish the photograph on one or more of our social media accounts.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Consumer Law Rights).
Nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL.
By purchasing an Access Pass NFT you assume risks including:
You acknowledge and agree that you have obtained sufficient information to make an informed decision to purchase your Access Pass NFT and that you are solely responsible for determining the nature, potential value, suitability and appropriateness of any assumed risks in purchasing your Access Pass NFT.
You agree that we will have no liability for any Liability suffered by you in connection with your Access Pass NFT unless such Liability is caused or contributed to by our negligence.
To the extent that you are using or accessing our Platform or App on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using our mobile application.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
In these Terms and Conditions, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with (1) your negligent acts or omissions; (2) any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms; (3) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform or any public blockchain network or OpenSea; (4) any thing in connection with your Wallet; (5) the Platform being unavailable, or any delay in us providing our services to you, for whatever reason; and/or (6) any event outside of our reasonable control.
This clause will survive the termination or expiry of these Terms.
Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise, (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to us resupplying our services to you or, in our sole discretion, to us repaying you the amount of the Access Pass Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.
This clause will survive the termination or expiry of these Terms.
You represent, warrant and agree that (1) you have full legal capacity, right, authority and power to enter into these Terms and to perform your obligations under these Terms; (2) these Terms constitute a legal, valid and binding agreement, enforceable in accordance with its terms, and (3) to provide all assistance, information and documentation necessary to enable us to provide the Services and that all information you provide to us in connection with the Platform will be true, accurate and complete.
In the event that you become aware of any medical conditions, injuries or impairments that may be detrimental to your health or wellbeing or if you are at risk of serious harm to yourself, you must immediately contact your medical practitioner or seek urgent medical attention.
You acknowledge and agree that (1) you use the Platform at your own risk; and (2) the provision of the Platform may be contingent on, or impacted by, third parties, suppliers or other subcontractors (Third Party Inputs), and despite anything to the contrary, the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.
You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
This clause will survive the termination or expiry of these Terms.
At our sole discretion, we may suspend your Account or terminate these Terms immediately with notice to you if you are in material breach of these Terms (including for non-payment of our Access Pass Fees), any applicable laws, regulations or third-party rights.
Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
No commercial use: Our Platform is for your personal, non-commercial use only. You must not use our Platform, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us.
Competitors: You are prohibited from using our Platform, including our Content, in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.
Information: The Content is not comprehensive and is for general information purposes only. It does not consider your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Variation: We may modify these Terms from time to time by notifying you by email. By continuing to use the Platform after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your Account and stop using the Platform. In the event that we modify these Terms and you believe the modification causes you material detriment, you may terminate your Account and we will refund to you Access Pass Fees paid in advance by you in connection with the unused portion of the Services.
Assignment: You may not assign, transfer or delegate your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate our rights and obligations under these Terms with 30 days prior notice.
Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Jurisdiction: Your use of our Platform and these Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
For any questions and notices, please contact us at:
Blisspot Pty Ltd (ABN 65 623 616 697)
Email: [email protected]
Last update: 22 February 2023
