Who we are

Our website addresses are: https://www.habitbusters.com.au/, https://thehabitbuster.com/ and https://quitsocialdrinking.com/

These Sites give you an opportunity to browse and purchase products and services offered by First Rate Enterprises Pty Ltd, trading as Better Day Hypnotherapy (The Habit Buster, we, us).

If you have any questions before signing up, purchasing our products or engaging our services please contact us at: info@thehabitbusters.com.au

CLIENT RESULTS DISCLAIMER:

When you read the case studies and results that we share on this site, please know that they are all real and based on results and outcomes shared with us by our clients. These are true and verified client results that they’ve shared however, we can not guarantee you’ll achieve the same results.

General Disclaimer

All of First Rate Enterprises Pty Ltd, trading as Better Day Hypnotherapy, products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, tax or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.

First Rate Enterprises Pty Ltd, trading as Better Day Hypnotherapy, provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.

Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.

You acknowledge and agree that First Rate Enterprises Pty Ltd, trading as Better Day Hypnotherapy directors, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.

Digital Product Disclaimer

Prior to, and as a condition of, any downloading or purchasing of any of the audio files, recordings, digital products, videos or PDFs, or participating in any of the live group sessions run by First Rate Enterprises, trading as Better Day Hypnotherapy, you represent and warrant to the Company that you have read and understood the Company’s Terms and Conditions, and disclaimers available here, and Privacy Policy, available here, and agree that both are incorporated by reference into this Agreement between you and the Company.

The recordings and digital products are intended to help you to make positive enhancements to your life. They do not constitute therapy nor are they a substitute for medical, psychiatric or psychological treatment.

Hypnosis is not intended to diagnose, cure or prevent any disease or disorder of any kind. If you have a medical or psychological condition, you should seek the advice of your doctor, therapist or other medical professional. I am aware that Kelly is a qualified registered counsellor and qualified, experienced hypnotherapist but she is NOT a medical doctor. I will therefore not rely on this advice as medical advice and agree to consult with an appropriate health professional prior to making any lifestyle or dietary changes or changes to my drinking habits.

I understand that, if I regularly consume alcohol , that suddenly stopping drinking can potentially cause life threatening side effects. I will gain the consent of my doctor before making any such changes to my drinking habits. By agreeing to either participate in any online program, listen to any audio, recording, video or follow any recommendations given or created by Better Day Hypnotherapy, I absolve Kelly Mackie of any liability for any medical or health consequences of my decision to stop drinking alcohol or changing my drinking habits.

I acknowledge that any information offered in any digital product is for educational purposes only and is not medical advice.

By agreeing to listen to or watch any digital product produced or created by Better Day Hypnotherapy, I voluntarily agree by my own free will and desire to experience hypnosis and accept full responsibility for any and all injury arising from any hypnotic phenonema that I experience.. I, the client shall hold harmless all parties involved in the production of the audio files or digital products produced by Kelly Mackie from Better Day Hypnotherapy, When using the Recordings or digital products produced by First Rate Enterprises Pty Ltd, you agree to always follow the instructions and acknowledge the disclaimers that come with the Information on the Websites, including the Disclaimers section of the Terms and Conditions.

THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATED TO THE PERFORMANCE, OPERATION OR CONTENTS OF THIS RECORDING, DIGITAL PRODUCTS, PDF FILES OR LIVE SESSIONS. THE WEBSITES OR THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON OR THROUGH THE WEBSITES www.habitbusters.com.au or digital products available via the upcoach portal that are produced by First Rate Enterprises Pty Ltd. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE INFORMATION AND THE WEBSITES ARE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

PRIVACY

As a condition of participation in any forums or groups, all participants must agree to keep confidential the names, personal details and stories from other members of the group. This includes ensuring that group members do not share within the live group any details that they wish to keep confidential. It is recommended that you only identify yourself to other group members by either your first name, or by a pseudonym. I understand that although any group or one to one sessions, or the content of written correspondence relating to my therapy is all confidential, I acknowledge that there are times when confidentiality may be breached, such as in the case of child abuse, matters of a serious criminal nature, threats of harm to self, others, or property, whether explicit or not, or if the practitioner deems it necessary to engage in supervision where my case may be mentioned in a non-disclosing manner designed to maintain my confidentiality or if my file is subpoenaed by a court.

WARRANTY

No warranty is given, expressed or implied, for satisfactory results from the Better Day digital products, recordings, videos or hypnotherapy/ EMDR sessions. I understand that I need to play an active part in change work and agree to take responsibility for achieving successful results. Agreement in connection with downloading or purchasing any digital products produced by First Rate Enterprises Pty LTD, trading as Better Day Hypnotherapy. Prior to, and as a condition of, any downloading or purchasing of this mp3 recording (this “Recording”) from any of the websites that hold content produced by First Rate Enterprises Pty Ltd, including but not limited to www.habitbusters.com.au, you represent and warrant to the Company that you have read and understood the Company’s Terms and Conditions, available here, and Privacy Policy, available here, and agree that both are incorporated by reference into this Agreement between you and the Company. Your purchase or download of this Recording represents: (i) your representation and warranty that you are at least eighteen (18) years of age and (ii) constitutes your understanding and agreement to be legally bound by the terms of this Agreement (as well as the Terms and Conditions and Privacy Policy, which are incorporated herein).

These terms may be updated by us occasionally without notice to you. You should review the website every now and then for changes to these terms. These Recordings, digital products and live sessions constitute “Information” and, if purchased, “Programs, Products or Services,” as both terms are defined in the Company’s Terms and Conditions. Capitalized terms used without definition herein shall have the respective meanings set forth in the Company’s Terms and Conditions.

NO UNSAFE USE

When listening to any Recordings produced by First Rate Enterprises, trading as Better Day Hypnotherapy, as with all recorded hypnosis sessions, you must be in a safe environment where you can safely relax. Never listen to this Recording while driving, operating heavy machinery, or being in an unsafe place or place in which you need to maintain alertness.

VOLUNTARY ACCEPTANCE OF RESPONSIBILITY AND RISK

As with all situations, unknown individual risks and circumstances can arise during use of the Recordings that cannot be foreseen and that can influence or reduce results. Hypnosis recordings have been known to trigger memories, feelings, visualizations or other effects that are disturbing, depressing, painful, frightening or otherwise unpleasant or traumatic. This may be particularly true in listeners with pre-existing emotional issues. You recognize and agree (on behalf of yourself, your successors and assigns, your family members, and any other person acting on your behalf now or in the future) that any mention of any suggestion or recommendation contained, or that you believe to be contained, in the Recording, or any of the digital products contained in the program is to be taken at your own sole risk, with no liability on the Company or any Company-related person’s part.

INTELLECTUAL PROPERTY RIGHTS

The Recordings and digital products are copyright protected and are for personal use only. You may not use any part of the content for commercial purposes. You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the recordings or digital products, the Websites, other recordings, trademarks, nominal or figurative, and all other marks, trade names, illustrations, images, or logos.

LIMITATION OF LIABILITY

Your use of the Recording is at your sole risk.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY COMPANY PERSON BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR INFORMATION, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. ADDITIONALLY, COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF $100 OR A REFUND OF ALL PROGRAMS, PRODUCTS OR SERVICES PUCHASED BY YOU IN THE LAST TWELVE (12) MONTHS.

We reserve the right to discontinue this Recording or digital product or to suspend recordings/ digital products or services at any time. The Terms of the Guarantee You will have access to the content of If you genuinely believe that, after the initial in person session run by Better Day Hypnotherapy is not of high quality or that your fee will be refunded in full. We will trust that you had a genuine desire to quit smoking, and that you did all you could to set yourself up to succeed. This guarantee will be invalidated in any of the following events:

(1) That you cancel, postpone, fail to attend or miss the scheduled start time of any hypnotherapy session.

(2) That you fail to contact us via phone, text or email within 48 hours of your first or subsequent hypnotherapy session to communicate to us that you genuinely believe the hypnotherapy has not been effective for you.

(3) That you fail to complete the pre-course online program prior to the initial hypnotherapy session.

(4) That you fail to complete the back-up online program prior to the free additional hypnotherapy session.

(5) That you fail to attend a free additional hypnotherapy session within two months of the date of your first hypnotherapy session.