Terms & Conditions.
WEBSITE TERMS AND CONDITIONS
NOTE: We are not medical or mental health professionals. We do not provide medical or mental health advice, diagnosis, treatment or care, and we do not prescribe medications. The Products are not medications, should not be used as a cure, preventative or treatment for any mental or medical conditions, diseases or ailments, and are not “Therapeutic Goods” (as defined in Section 3 of the TGA). The information, resources and procedures provided through the Website and Services, are for information and educational purposes only, do not constitute medical or mental health advice, are not a substitute for proper medical or mental health diagnosis, treatment or care from a medical or mental health professional, and are not for “Therapeutic Use” (as defined in Section 3 of the TGA). You must always consult with a medical or mental health professional before using our Products or Services (irrespective of whether or not you have any pre-existing medical or mental health conditions).
We operate and provide this Website and its related Services subject to the following Terms and Conditions.
We reserve the right to revise and update these Terms and Conditions by making any changes immediately. The revised terms will take effect when they are posted on the Website and your continued usage of this Website and/or the Services after any changes to these Terms and Conditions will mean you accept those changes.
In these Terms of Conditions:
- Courses means the workshops and courses which are provided by us to you through the Website, including, but not limited to, those relating to “Reiki”, “Chakra Healing”, “Self-Development” and “Spiritual Healings”;
- Intellectual Property means all present and future industrial and intellectual property rights relating to intellectual property that is our property and relates to the Website, Services, Products, Materials, and/or us, including, without limitation:
- inventions, patents, copyright, trade business, company or domain names, rights in relation to registered designs, registered and unregistered trade marks, know how, trade secrets and the right to have Confidential Information kept confidential, and any and all other rights to intellectual property which may subsist anywhere in the world; and
- any application for or right to apply for registration of any of those rights.
- Materials means all of the materials displayed on the Website, including (without limitation) all information, text, graphics, names, logos, trade marks, design, software and advertisements;
- Products means the products that may be ordered by you from us through the Website;
- Services means the services provided by us to you on (and through) the Website from time to time, including, but not limited to the Courses;
- TGA means the Therapeutic Goods Act 1989 (Cth);
- us, we, and our means the Sole Trader venture of B JONES trading as The Institute Of Enlightened Awareness (ABN 18 612 265 848);
- Website means our website located at https://theinstituteofenlightenedawareness.com; and
- you and your refers to anyone who visits and/or uses the Website and/or is provided access to the Services.
OWNERSHIP, LICENCES AND SITE ACCESS
You acknowledge that:
- all rights, title and interest in the Intellectual Property, anywhere in the world, belong to us or our licensors;
- all rights in relation to the Intellectual Property, Website and Services, are licensed (not sold) to you;
- you hold no proprietary rights, title or interest in the Intellectual Property, other than the right to use those rights in accordance with these Terms and Conditions; and
- nothing contained in these Terms and Conditions shall be construed as an assignment or transfer of the Intellectual Property to you.
We grant you a limited, royalty-free, non-exclusive, non-transferrable, non-sublicensable, revocable, licence to use the Intellectual Property to access the Website, Services and Products for personal and non-commercial purposes only. You acknowledge and understand that you are solely responsible for your use of the Intellectual Property, Website and Services in this regard (including any other party’s use of your account).
You undertake and agree that you will not (and will not allow any person using your account to), without our prior written consent:
- rent, lease, sublicence, loan, sell or use for commercial purposes, the Intellectual Property, Website and/or Services;
- modify, adapt, translate, reverse-engineer, decompile, disassemble, or make derivative uses of, the Intellectual Property, Website and/or Services;
- copy, imitate, mirror, reproduce, distribute, disseminate, publish, download, display, perform, post or transmit any Intellectual Property in any form or by any means;
- use the Intellectual Property, Website and/or Services in a way that may (or does) damage, disable, overburden, interfere with, or adversely affect the functionality of the Intellectual Property, Website and/or Services;
- use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Website, or collect any information from the Website or Services;
- use the Intellectual Property, Website and/or Services in a way that may (or does) bring our business, the Website or Services into disrepute;
- use the Intellectual Property unlawfully, in an inappropriate way or in a manner inconsistent with these Terms and Conditions;
- infringe our rights (or the rights of any third parties) in relation to the Intellectual Property;
- bypass or avoid our security features or measures which have been implemented on the Website or in connection with the Services (or attempt to do the same); and
- apply to register, or challenge the validity of, the Intellectual Property.
Linking to our Website is prohibited (without our express written consent). Links on our Website may direct you to third party websites, which are subject to their own terms and conditions. Your use of those websites is solely at your own risk and expense, and we accept absolutely no responsibility and make no claims, representations or warranties with regards to the use, quality, content, nature or reliability of any third-party websites.
If you use this Website, you may be required to set up an account and/or password(s). You are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate or suspend accounts, remove or edit content in our sole discretion. If you register on the Website, you agree that any information you provide to us will be current, accurate and complete. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to the unauthorised use of your account and/or password either with or without your knowledge. You agree to notify us immediately of any unauthorised use of your account and/or password(s), or other breach of security. If your account is terminated, removed, suspended or cancelled, you (and/or any person using your account) will be prohibited from creating a new account.
Ownership of and title to the Products does not pass to you until the price payable for the Products, including all charges, has been paid in full by you and payment has been processed and confirmed.
These conditions may change from time to time and you are required (within reason) to revisit these before placing any order to ensure that these conditions have not changed.
We reserve the right to accept or reject your request for the Products for any reason, including, without limitation, an error in the product description or the price posted on the Website for the Products, the availability of the Products or an error in any order for the Products.
Your contract with us the Products will only come into existence when we forward you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of delivery and/or an invoice.
When purchasing Products from us, you will be required to provide us with a delivery address (Delivery Address). We will deliver the Products to the Delivery Address. We will not be liable for any loss or failure of delivery of your Products due to any act or omissions on your part, including, but not limited to, the incorrect Delivery Address being provided to us. In this regard, we will not be liable for any replacement of Products.
We will not be liable or otherwise responsible for any failure of delivery, shortage, defect or damage or related direct, indirect, special or consequential losses, damages, liabilities, costs or expenses sustained by you or any other party of any delivery issues, losses or defects.
We may provide you with an estimated time in which the Products will be delivered to you (Estimated Delivery Time). The Estimated Delivery Time is an estimate and is subject to external factors beyond our control (being delivered by a third-party delivery provider). You irrevocably release and hold us harmless for any loss deriving from the actual time in which the Products are delivered to you being different to the Estimated Delivery Time.
You are liable to pay for the shipping and delivery costs at the time of purchase of the Products.
You acknowledge and understand that we may record (and you hereby consent to us recording) you (through video or audio means) and taking photographs of you, during the provision of the Services, such as during the Course seminars, conferences, lectures and any other form of engagements (Service Content).
You acknowledge and understand that such Service Content is our Intellectual Property (and we hold all proprietary rights, title and interests in) that Service Content, on and from creation, and you are not entitled to any compensation or royalty whatsoever in connection with that Service Content. We are therefore able to use, copy, modify, transmit, sell, create derivative works from, distribute, in whole or in part, at any time, and in any manner, for any commercial and/or non-commercial purpose whatsoever, that Service Content (and all associated Intellectual Property rights), without notice to you.
For the avoidance of doubt, you irrevocably and perpetually authorise us to use your name, likeness, identity in connection with our use of the Service Content, in any manner, including (but not limited to) for marketing and promotional purposes.
We have developed the Courses to promote uniformity in the practice of the relevant therapies, including “Reiki”, “Chakra Healing”, “Self-Development” and “Spiritual Healings”.
You will receive as part of each Course:
- all Course materials, including videos, audio materials, worksheets and homework assignments;
- private mentoring and support; and
- official certification from us upon satisfactory completion of the Course.
While being provided the Services from time to time (such as during a Course) you may be included in one of our Facebook Groups. You undertake and agree to observe and comply with the rules associated with those Facebook Groups as are prescribed by us from time to time.
You acknowledge and understand that, in order to complete a Course, you must:
- comply at all times with our Code of Behaviour and these Terms and Conditions (and any other policies prescribed by us from time to time);
- complete all lessons in the Course and the required essay assignment (to our satisfaction);
- not participate in the Course while under the influence of any mentally or physically inhibiting substances, including, but not limited to alcohol, illicit drugs or any medications;
- meet all Course requirements, as specified by us; and
- comply with any of our other relevant directions.
You acknowledge and understand that you must not:
- use the Course to diagnose or treat mental or medical conditions, diseases or ailments, and you will notify us if you are in therapy or under the care of a medical or mental health professional (before participating in any Course);
- pitch, promote, market, or sell any products, groups, courses, or events associated with or similar to those provided by us, to Course participants; or
- form with Course participants, or ask Course participants to join, other groups on social media or any other platform, or in-person meet-ups, conferences, groups or events (for commercial purposes),
without our prior written consent.
You acknowledge that we may withhold your completion of any Course at any time, for any reason, at our sole discretion.
The participation and mentoring components of each Course will only be available for the duration of 12 months from the date of purchase of the Course. You must consult with us if you wish to extend this time. Other than the participation and mentoring components, you will be able to complete the Course at your own pace, and during such times as you decide, provided at all times that we continue to offer the Course. In the event that we cease to offer the Course, we will provide sufficient notice to you to enable you to complete the Course in that time.
In order to access the Website and Services, you will need to, have access to (at minimum) broadband internet speeds, and have a basic level of internet and computer proficiency. We do not warrant and represent that the Website and Services will be accessible using a smartphone or tablet computer. We will use reasonable endeavours to assist you if you experience any technical difficulties while accessing the Website or Services.
If the instructor of a live group class in the Course determines that your participation in that class is disruptive to the group, such as due to sound quality, dropped connections, static interference or any other technical deficiencies, the instructor may exclude you from participating in that class, without any refund to you (subject to the Refund Policy).
Subject to each specific Course, we will provide you with a physical Certificate of Completion upon the successful completion of the Course by mail to your nominated delivery address. If you require additional copies of the Certificate of Completion, these will be provided to you at a cost specified by us from time to time.
MATTER YOU MAY SUBMIT TO US
The Website makes available newsfeeds, bulletin boards, online chat facilities, comment areas, billboards, forums, groups, postings sections and other similar communications facilities, including the ability to establish a blog (Website Content Facilities).
You acknowledge and understand that:
- any words, images, videos, sounds, music, posts, notes, messages, ideas, suggestions, or other material of any kind which you submit to us while accessing the Website, the Website Content Facilities or the Services (Website Content), must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any misleading, deceiving, fraudulent, profanity, obscene, indecent, vulgar, pornographic, defamatory, offensive or unlawful material;
- any Website Content must not be self-promotional, must not contain spam or unwanted commercial content intended to drive traffic to third party websites and must not include unlawful acts such as phishing or spoofing;
- any Website Content must not include, malware, worms or viruses or other harmful, disruptive or destructive files or code, script or other software;
- you grant us an unlimited, non-exclusive, transferrable, worldwide, sublicensable, perpetual, irrevocable, royalty-free licence to use, copy, modify, transmit, sell, create derivative works from, distribute, in whole or in part, at any time, and in any manner, for any commercial and/or non-commercial purpose whatsoever, the Website Content;
- we are free to use any ideas, concepts, know-how, or techniques relating to the Website Content for any commercial and/or non-commercial purposes;
- we have no obligation to monitor the Website Content Facilities or the Website Content (nor are we responsible for the form of the Website Content);
- we reserve the right, at all times, and in our sole and absolute discretion, to edit, refuse to post or to remove any information or materials, in whole or in part relating to the Website Content or the Website Content Facilities, or to disclose any information deemed by us necessary to satisfy any applicable law, regulation, legal process or governmental request;
- communications to or with the Website Content Facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children;
- we do not control or endorse the Website Content, and we specifically disclaim any liability with regard to same (together with any actions resulting from your engagement with the Website Content Facilities);
- the moderators, forum managers or hosts of the Website Content Facilities (if any), are not authorised company spokespersons, and their views do not necessarily reflect our views; and
You warrant and represent that:
- you hold all rights, title and interest in the Website Content and have the right to make available such content on the Website Content Facilities;
- your submission of the Website Content to us does not (and will not) violate or infringe the rights of any third-parties; and
- our use of the Website Content does not violate these Terms and Conditions, and will not violate or infringe any third party rights.
If you purchase a Course through our Website, we will provide you with the option to pay the purchase price for the Course up-front and in full or by way of instalments as part of a payment plan (as approved by us). Irrespective of whether or not you elect to make payments up-front and in-full or through a payment plan, you are liable to pay the full value of the Course (subject to our Refund Policy). When you purchase a Course, that is for your personal use only, and you may not transfer or permit another person to use the Course. In the event that you withdraw from a Course prior to its conclusion, you will remain liable for the full value of the Course (subject to the Refund Policy).
We will permit returns on Products, for a store-credit where you change your mind, or replacement of Products or refund where the Products are faulty and such fault has arisen after an unreasonable amount of time after the purchase of the Products (determined in our opinion).
We will only accept returns on Products that are in an original, unused, unworn, unwashed and untarnished manner (Unsoiled Condition) accompanied by reasonable proof of purchase of the Products (to our satisfaction).
We reserve the right to refuse any refund or return at our sole and exclusive discretion.
Any Products or Services (including a Course) purchased through our Website are not refundable except for in certain limited circumstances (provided hereto and under Product Returns), and are at all times subject to our discretion, whether paid up-front in full or by way of payment plan (as approved by us).
In relation to:
- a Course, you may be entitled to a refund if you, submit proof of forum participation for the first 3 classes in your Course, and provide to us valid reasons (as determined by us) for the need to obtain a refund; or
- purchases made through our Website (which is not a Course), such as Products and/or other Services, you may be entitled to a refund if you adhere to the refund terms as may be adopted by us from time to time,
- fail to comply with the Refund Requirements;
- have been removed from our Facebook Group for violating the Facebook Group Rules (in relation to a Course); or
- do not complete the requirements of the Course (as specified by us),
you shall automatically forfeit any entitlement to a refund. For avoidance of doubt, in the case of such forfeiture where you have elected to pay through a payment plan, you shall be liable to pay for all outstanding payments.
You will not be entitled to a refund due to any technical issues you experience in completing the Course, including those relating to internet connections or your computer hardware or software.
In the event we provide you with a refund, we thereby revoke any right or licence previously granted to you to use the Intellectual Property (including such Intellectual Property that relates to the Course). You must immediately cease use of the Intellectual Property associated with the Course and destroy and/or return to us all copies of the Intellectual Property (or other content) provided to you by us (in accordance with our directions).
We may terminate these Terms and Conditions, and block or prevent future access to (and the use of) this Website and the Services, at any time, for any reason. You may terminate these Terms and Conditions at any time, for any reason, by notifying us in writing. Upon termination of these Terms and Conditions, the licences granted by us to you in relation to our property (including the Intellectual Property) shall be automatically and irrevocably revoked, and you shall immediately cease in using that property (and immediately return copies of the same to us).
WARRANTIES AND GUARANTEES
This Website is provided “as is” and we specifically exclude all warranties of any kind to the fullest extent permissible by law. We do not guarantee, the accuracy or completeness of the Website, or any information or content on the Website, or that the Website are free of defects or viruses and we accept no responsibility for viruses and defects. Nor do we guarantee that you will achieve any particular result, outcome, or earnings from your use of the skills acquired in the Course, and you understand that results and earnings differ for each individual.
While we use reasonable endeavours as to avoid any disruption or downtime to the Website and/or Services, from time to time, there may be disruption to the Website and/or Services, in order to upgrade or maintain them, or for other circumstances beyond our control. Should there be any interruption to the availability of the Website and/or Services, we will use its reasonable endeavours to minimise that interruption.
REPRESENTATIONS AND INDUCEMENTS
You acknowledge and agree that:
- we have not made any representations or inducements in respect of the Website, the Services or Products;
- each individual’s success (in relation to a Course) depends on the participant’s desire, consistency, dedication, desire and motivation; and
- any numbers presented in any marketing materials and on any of our websites are illustrative only, and are not considered exact, actual or guarantees of your potential future earnings.
LIMITATION OF LIABILITY
You acknowledge and understand that:
- the Website, Services and Products have not been developed to meet your individual requirements, and it is therefore your responsibility to ensure that they meet your requirements and/or needs;
- the use of this Website, Services and/or Products is at your own risk, and you assume all risk of injury, illness, damage or loss to you or your property in connection with such use;
- the use of the Services (such as participating in the Courses) are inherently risky and dangerous activities;
- you are fully aware of the risks and hazards associated with accessing the Services (such as participating in the Courses), and you voluntarily, knowingly and freely assume all risks associated with the same, including, but not limited to, bruising, muscle strains, joint sprains, falls, injuries, illnesses, infections, paralysis and death;
- we assume no duty of care to you or any other party who relies on anything provided for by us through the Website or Services;
- we rely on all warranties and undertakings provided by you under these Terms and Conditions;
- we are not obliged to confirm or check the accuracy, legitimacy or efficacy of the personal information or other materials you provide to us in connection with your use of the Website and/or Services;
- your use of the Website and/or Services (such as your participation in a Course) does not establish a doctor-patient, counselling-client, or therapist-client relationship of any kind (or any similar relationship) between you and/or us; and
- while we will use reasonable endeavours to ensure that our Services (and Courses) are up-to-date and current on all of the Australian legal and regulatory requirements relation to certifications (including those relating to “Reiki”, “Chakra Healing” and “Self-Development”, and “Spiritual Healings”), it is not our responsibility to monitor the changes to the laws and regulations of each Australian state and territory in relation to those therapies (on your behalf), and we assume no liability associated with the same.
Except to the extent that liability may not lawfully be excluded, we will not be under any liability to you (or any of your officers, agents or employees, if any) for:
- any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill, or loss due to delay, or any direct or indirect loss or damage (including, without limitation, consequential loss or damage) however caused (including, without limitation, due to breach of contract, negligence or breach of statute) which may be suffered or incurred by you or which may arise from or in connection with your use of this Website, the Services or Products, or your use of or reliance upon any of the information or the Intellectual Property provided through the Website or Services, or otherwise provided by us to you; or
- any losses, costs, expenses and damages (including legal costs and disbursements) sustained or incurred, whether directly or indirectly or consequentially or in any other way, arising in connection with:
- death, personal injury or property damage resulting directly or indirectly from your use of the Website, Services or Products; and/or
- any failure or delay due to matters beyond our reasonable control.
Further, where the law implies a warranty into these Terms and Conditions, which may not be lawfully excluded, our liability for breach of such a warranty shall be limited to, in the case of the Services or the Products, the total amount paid by you to us for the Services or the Products.
You agree that this Website is provided free of charge. We shall not be liable to you or any person for any loss or damage of any kind which may arise from the use of this Website. We may from time to time, publish links to other third-party websites on this Website. Contents, hyperlinks or information held on other sites is not our responsibility. We shall not be held liable for any information held on websites which may have links to or from this Website, and which are not maintained and controlled by us. We do not endorse any material on those websites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of material on those websites, nor do we warrant that material on other websites does not infringe the intellectual property rights of any other person. Our aggregate liability to you for any other losses resulting from use of the Website is limited to the nominal amount of $AUD1.
You acknowledge that in using the Website, Services or Products, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, and covenant not to sue, and hold us harmless for any and all liability to you, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or in connection with your use of the Website, Services or Products. This release is not intended as an attempted release of claims of gross negligence or intentional acts by us, and if this provision is held to be unenforceable for any reason, you agree to limit any damages claimed to the total amount paid by you to us for the Services or the Products.
You agree to defend, indemnify and hold harmless us, our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, arising in connection with your use of the Website, Services and/or Products or your breach of any of these Terms and Conditions.
In the event of any dispute under these Terms and Conditions:
- you will notify us of the complaint using the contact details provided in these Terms and Conditions;
- we will review your complaint and request any further information that we may require;
- you and we will both negotiate in good faith to resolve the dispute; and
- you agree to fully cooperate (in a timely manner) with all requests that we may make in the resolution process.
WAIVERIf we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
This Website, the Services and/or the Products are designed and intended for individuals aged 18 and above. In the event you are less than 18 years of age, you must immediately cease using this Website, the Services and/or the Products. We accept no liability for individuals who use the Website, Services (such as by participating in a Course) and/or Products who are under the age of 18 years (for example, in cases whereby such persons provide us with false information as to their age at the time of purchase).
EVENTS OUTSIDE OUT CONTROL
We will not be liable or responsible for any delay in or failure to comply with these Terms and Conditions if such delay or failure is caused by circumstances beyond that party’s reasonable control, including (without limitation), government restrictions, virus, pandemic, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes, any act of war or terrorism, or the failure of public or private telecommunications networks (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms and Conditions, our obligations under these Terms and Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control, and we will use our reasonable endeavours to find a solution by which our obligations under these Terms and Conditions may be performed despite the Event Outside Our Control.
We control and operate the Website and Services from Adelaide, Australia. We do not represent that the Website and/or Services are appropriate or available for use cross-jurisdictionally. If you are accessing the Website and Services from locations other than Australia, you acknowledge and understand that you are doing so at your own risk and on your own initiative, and you are solely responsible for compliance with local laws (as may be applicable).
These Terms and Conditions constitute the entire agreement between you and us with respect to this Website, the Services and/or the Products and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Website, the Services and/or the Products.
These Terms and Conditions can only be amended or varied by us, at our discretion, and may not be amended or varied in any other manner. We will use reasonable endeavours to notify you as soon as such variations have been made. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Website and/or Services.
We may transfer our rights and obligations under these Terms and Conditions to another party at our discretion, without notice to you. You may only transfer your rights or obligations under these Terms and Conditions to another party if we agree in writing.
Each of the conditions of these Terms and Conditions operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
By accessing, browsing or using this Website and/or the Services, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and us, or our related companies. Regardless of where you access this Website and/or the Services, you agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed and adjudicated only in the federal or state courts located in Australia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and us, or any of its related companies.
If you have any questions or suggestions regarding these Terms and Conditions, please contact us at:
Address: PO Box 149, St Agnes SA 5097