1. Terms and Conditions of Use Agreement
1.1 This Terms and Conditions of Use Agreement (“Terms of Use”) constitutes a binding agreement between you and AwakeningInfinity.org (“AwakeningInfinity.org”). Please carefully read through all sections of these Terms and Conditions of Use. By accessing this web site or any of the web sites owned or controlled by AwakeningInfinity.org (each a “Site” and collectively the “Sites”) you agree to be bound by these Terms and Conditions of Use. Additionally, please be advised that any content you submit to AwakeningInfinity.org, through the comment site-comments, through the newsletter, on the forum, on the Youtube channel, on social media pages, on our Sites, via emails, or otherwise, becomes the property of AwakeningInfinity.org.
1.2. The Sites provide you with an opportunity to browse and purchase various products that have been listed for sale through the Site (the ‘Products’). The Sites provide this service by way of granting you access to the content on the Site (the ‘Purchase Services’).
1.3. The Site is operated by AwakeningInfinity.org. Access to and use of the Site, or any of its associated Products or Services, is provided by AwakeningInfinity.org. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Sites, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Sites, do not enter your information and do not continue using our Sites or any of Services, immediately.
1.4 Your access to and use of the Sites is subject to these Terms and Conditions of Use and all applicable laws.
1.5. AwakeningInfinity.org reserves the right to review and change any of the Terms by updating this page at its sole discretion. These Terms of Use may be changed by us from time to time without notice to you, and the latest version will be posted on this Site. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Sites. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by AwakeningInfinity.org in the user interface.
3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you must first register as a user of the Sites. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
(e) Password
3.2. You warrant that any information you give to AwakeningInfinity.org in the course of completing the registration process will always be accurate, correct and up to date.
3.3. Once you have completed the registration process, you will be a registered member of the Sites (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with AwakeningInfinity.org; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify AwakeningInfinity.org of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) access and use of the Sites is limited, non-transferable and allows for the sole use of the Sites by you for the purposes of AwakeningInfinity.org providing the Purchase Services;
(f) you will not use the Purchase Services or Sites for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Sites;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Sites without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by AwakeningInfinity.org for any illegal or unauthorised use of the Sites; and
(h) you acknowledge and agree that any automated use of the Sites or their Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
5.1. In using the Purchase Services to purchase the Product through the Sites, you will agree to the payment of the purchase price listed on the Sites for the Product (the ‘Purchase Price’).
5.2. Payment of the Purchase Price may be made through PayPal (the ‘Payment Gateway Provider’). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
5.3. Following payment of the Purchase Price being confirmed by AwakeningInfinity.org, you will be issued with a receipt to confirm that the payment has been received and AwakeningInfinity.org may record your purchase details for future use.
5.4. AwakeningInfinity.org may, at their sole discretion, provide a refund on the return of the physical Products within 30 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
5.5. There shall be no refunds for any unused time portion of the most recent month’s membership. You acknowledge and agree that in the event of any dispute over the date of a cancellation, the Company shall not be liable for any charge greater than the most recent month’s membership fee or a pro-rated portion of a multiple-month membership fee. If purchasing items through the Site, refund policies, if any, shall be posted on the purchase page(s). If no provision for refunds is explicitly stated, then there shall be no refunds for the product or service after purchase.
6. Copyright and Intellectual Property
6.1. The Sites, the Purchase Services and all of the related products of AwakeningInfinity.org are subject to copyright. The material on the Sites is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Sites (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by AwakeningInfinity.org or its contributors.
6.2. AwakeningInfinity.org retains all rights, title and interest in and to the Sites and all related content. Nothing you do on or in relation to the Sites will transfer to you:
(a) the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of AwakeningInfinity.org; or
(b) the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
6.3. You may not, without the prior written permission of AwakeningInfinity.org and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Sites, which are freely available for re-use or are in the public domain.
7. Privacy
AwakeningInfinity.org takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to AwakeningInfinity.org’s Privacy Policy, which is available on the Application.
8. General Disclaimer
8.1. Advice and information given on this site are as-is and may not apply to your specific circumstances. We are not liable for any potential damages that may be incurred from this information. Please consult a licensed professional for any psychiatric or medical conditions always.
8.2 You acknowledge that AwakeningInfinity.org does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products or Services other than provided for pursuant to these Terms.
8.3. AwakeningInfinity.org will make every effort to ensure a Product or Service is accurately depicted on the Sites, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Sites.
8.4. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
8.5. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) AwakeningInfinity.org will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
8.6. Use of the Sites, the Purchase Services, and any of the products of AwakeningInfinity.org is at your own risk. Everything on the Sites, the Purchase Services, and the Products of AwakeningInfinity.org, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of AwakeningInfinity.org make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of AwakeningInfinity.org) referred to on the Sites. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Sites, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Sites);
(c) costs incurred as a result of you using the Sites, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User’s convenience;
(e) any failure to complete a transaction or any loss arising from e-commerce transacted on the Sites; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
8.7 The depicted experiences on the site are not typical. Your background, education, experience, work ethic, karma may differ. This is used as an example and not a guarantee of success. Individual does not track the typicality of its student’s experiences. Your results may vary.
8.8 The contents of training in virtual or physical retreats or workshops or 1-on-1 healing and coaching sessions, such as text, graphics, images and other material are intended for informational and educational purposes only and not for the purpose of rendering medical advice. The contents of this training are not intended to substitute for professional medical advice, diagnosis or treatment. Please consult your physician for personal medical advice.
9. Limitation of Liability
9.1. AwakeningInfinity.org’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of AwakeningInfinity.org is the resupply of information or Purchase Services to you.
9.2. You expressly understand and agree that AwakeningInfinity.org, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
9.3. AwakeningInfinity.org is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Sites or in connection with the Purchase Services, whether posted or caused by users of the Website/s of AwakeningInfinity.org, by third parties or by any of the Purchase Services offered by AwakeningInfinity.org.
10. Termination of Contract
10.1. The Terms will continue to apply until terminated by either you or by AwakeningInfinity.org as set out below.
10.2. If you want to terminate the Terms, you may do so by: Your notice should be sent, in writing, to AwakeningInfinity.org via the ‘Contact Us’ link on our homepage.
(a) notifying AwakeningInfinity.org at any time; and
(b) closing your accounts for all of the Purchase Services which you use, where AwakeningInfinity.org has made this option available to you.
10.3. AwakeningInfinity.org may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) AwakeningInfinity.org is required to do so by law;
(c) the partner with whom AwakeningInfinity.org offered the Purchase Services to you has terminated its relationship with AwakeningInfinity.org or ceased to offer the Purchase Services to you;
(d) AwakeningInfinity.org is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
(e) the provision of the Purchase Services to you by AwakeningInfinity.org is, in the opinion of AwakeningInfinity.org, no longer commercially viable.
10.4. Subject to local applicable laws, AwakeningInfinity.org reserves the right to discontinue or cancel your membership to the Sites at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Sites or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts AwakeningInfinity.org’s name or reputation or violates the rights of those of another party.
10.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and AwakeningInfinity.org have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
11. Indemnity
11.1. You agree to indemnify AwakeningInfinity.org, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Sites;
(b) any direct or indirect consequences of you accessing, using or transacting on the Sites or attempts to do so and any breach by you or your agents of these Terms; and/or (c) any breach of the Terms.
12. Dispute Resolution
12.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
12.2. Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
12.3. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the the Australian Mediation Association or the Conflict Resolution Service or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Sunshine Coast, QLD, Australia.
12.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
12.5. Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
13. Venue and Jurisdiction
The Purchase Services offered by AwakeningInfinity.org is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Sites, you agree that the exclusive venue for resolving any dispute shall be in the courts of Sunshine Coast, Queensland, Australia.
14. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
15. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
16. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.