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TERMS AND CONDITIONS OF USE

 

last modified: 21st August 201

 

Hello and welcome to the Seek Joy website. These terms of use apply to your use of all of the Sites and services owned, hosted, or operated by SeekJoy.com.au, PeaceOnEarth.Club, Imageworx.com and any other site that we have owned or operated, do own and operate or may own or operate in the future including social media sites (together the “Site”). Unless we say otherwise, all references to the Site in these terms of use include all such Sites. These terms of use do not apply to your use of unaffiliated Sites to which any of the Sites may link to or direct you to.

 

Legal Agreement

These Site terms and conditions, together with our Privacy Policy (Terms), and any documents referred to in the Terms comprise the terms of a legally binding agreement (“Agreement”) between Seek Joy, and all affiliated entities (“We”, Us” or “Our”) and all users of the Sites, whether directly or indirectly (“You” “Your”).

 

Consent to use

By accessing the Site or Our services, or allowing anyone else who shares your Internet connection to do the same, You agree that you have read, understood and agreed to be bound by and ensure anyone else using Your Internet connection complies with this Agreement and Our Terms and all applicable laws and regulations, and You are solely responsible for compliance with any applicable local laws. If You are resident in any jurisdiction whose applicable laws would render this Agreement null and void in whole or part, then any access or use of the Site is at Your own risk. If You do not agree with any part of this Agreement, please do not use this Site.

 

Change of terms

We reserve the right to change, modify, suspend, discontinue, or otherwise alter the Terms, this Agreement and the Site at any time temporarily or permanently at any time without notice to You and at no liability to You. You agree that each visit You make to the Site will be subject to the current Terms as published on the Site from time to time.

 

Access to Site

Access to the Site or Our services is granted on a temporary only basis. We reserve the right to withdraw or amend any service We provide on the Site without notice. From time to time, We may restrict access to the Site at Our discretion without notice to You and We accept no liability if the Site or Our services are unavailable at any time or for any time period for any reason whatsoever. We will not be responsible for any delay, suspension or failure of the Site or Our services arising out of any force majeure circumstances outside of Our reasonable control.

 

Governing law

The Site is governed by the laws in the state of New South Wales, Australia and by using this Site You submit to the jurisdiction of these courts. You agree to comply with all applicable laws and regulations relating to Your use of the Site and any purchase of Our products or services from the Site. It is prohibited to access the Site from jurisdictions where the contents are illegal. If You choose to access the Site from such a jurisdiction, You do so at your own risk and You are solely responsible for compliance with all laws of such jurisdiction.

 

Entire agreement

This Agreement is the entire agreement between You and Us in respect to the use of the Site and our products and services and supersedes all prior agreements or understandings whether oral or in writing.

 

Termination

We have the right, in our sole discretion, without notice or liability to You or any third party, to terminate Your profile or account or Your access to the Site or our products or services, with or without cause. You may terminate your profile or Your profile and/or account for any reason at any time by providing written notice to Us of Your intention to do so, subject to this Agreement. If Your profile or account is terminated, we may, in Our sole discretion, delete any content or materials relating to Your use of the Site or Our products or services. Following any such termination: (i) You are not permitted to use the Site or Our products or services without Our consent; and (ii) We reserve the right to use any means we think fit to prevent unauthorised access to the Site or Our products and services.

 

PROPRIETARY RIGHTS 

All materials on this Site, including, but not limited to Our products and services, software, applications, images, illustrations and multimedia materials published on this Site, is protected by copyright, trademark and all other proprietary rights which are owned and controlled by Us or by other parties that have licensed their material to Us. Material from this Site or any other website owned, operated, licensed or controlled by Us may not be copied, sold, reproduced, republished, uploaded, posted, transmitted, framed, scraped, displayed or distributed in any way other than as provided below. Modification of the materials or use of the materials for any other purpose is a violation of Our proprietary rights. The use of any such material on any other web site, ftp server or network environment is strictly prohibited. All rights are hereby reserved.

This Site may contain trademarks, logos and links to the web sites of third parties. Any domain names, URLs, trademarks or logos appearing on this Site are the sole property of their respective owners and are out of Our control.

You may print off one copy, and download extracts, of any page(s) from this Site for Your personal reference only and never for commercial purposes. You must not modify any paper or digital copies of this Site, and You must not use or edit any material from this Site separately from any accompanying text. We must always be acknowledged as original owners and creators of any such material.

We respect the intellectual property rights of others and We reserve the right to remove any content that in our sole discretion appears to infringe the intellectual property of others. Please contact us at [email protected] if you know or believe that any user of the Site or Our products or services has infringed Your intellectual property rights.

 

RESGISTERED USERS

Registration

To become a registered use of the Site (“Registered User”), You must create an account with us through the online registration process on the Site where this is available. In creating an account, You must provide accurate and complete information on the registration form. You must immediately notify Us if and when such information changes. If You do not provide or update such information, We reserve the right to terminate Your right to use the Site.

 

Security

When You open a registered account on the Site, You will be provided with an automatically generated password which You can then change if You prefer. It is Your responsibility to keep Your password confidential and You will be responsible for Your password and account, including, without limitation, any use by any unauthorized third party. You must notify us immediately if You believe Your password or account is or may be being accessed or used by an unauthorized person or entity or if You become aware of any other breach or attempted breach of the security of the Site. We recommend that You change Your password regularly to maintain security.

 

Licence

We grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable licence to view online hosted copies only of the Site material (excluding source and object code) on any single device used to access the Site for Your personal, non-commercial use only on the following conditions: that You: (i) comply with this Agreement; (ii) respect all trademark, copyright and other proprietary notices; (iii) do not use the materials in any manner that is likely to suggest or imply an association with any of Our products, services or brand; (iv) do not modify the materials; (v) do not allow or assist any third party to copy or adapt the source or object code of the Sites’ software or programming code or reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code and do not insert any code or product to manipulate the materials in any way.

 

Legal Disclaimer

The information and services on the Site are provided on an ‘as is’ basis. Whilst every effort is maintained to ensure accuracy, this Site and Our products and services or the use thereof are: not guaranteed to (i) be uninterrupted, inaccurate, free of defects or errors; (ii) meet Your requirements; or (iii) operate with the hardware of software You use. You hereby release Us from all liability with regard to the services and contents of the Site and/or any advice received through the Site or any guests or third parties affiliated with this Site.

We will not be liable to You or any third party for any consequential, incidental, indirect, punitive or special damages arising out of, relating or connected to the use of the Site or Our products or services based on any cause of action. We give no representations or warranties that the use of this Site, Our products or services will not infringe the rights of any third parties.

We accept no liability for any consequences acted upon in the use of any information provided on or from the Site or Our products or services. We do not guarantee the accuracy of any products or services and rescind all liability for any personal, business or health decisions. You must seek professional medical advice from a doctor or health professional if You have any health concerns.

Persons under 18 years of age must obtain the consent of a parent or suitable caregiver if they wish to purchase any services from this Site. We do not monitor or take responsibility in screening visitors or age status.

Any accessing of this Site and/or Our products and services provided on or from this Site is obtained by Your own free will and choice and We hereby rescind any and all liability in any way for any legal ramifications, which You might incur as a result.

We do not control, warrant or endorse any third party links, services, goods, resources and information appearing on the Site and We take no responsibility for the privacy, practices or content of such sites.

All third party links, references, sites, services, promotions, software applications or events appearing on the Site are for Your information only. We accept no responsibility for them or for any loss or damage that may arise from Your use of or interaction with them.

The material, commentary and content displayed on or via this Site, and any products, services, software, events and applications is provided without any guarantees, conditions or warranties as to its accuracy, veracity, truthfulness, completeness and to the fullest extent permitted by law, We hereby expressly exclude:

  • all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
  • any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with this Site, products, services, software, applications or events and any other loss or damage of any kind, however arising even if foreseeable.

Where any laws in any jurisdiction imply warranties and conditions or impose obligations on the supply of goods and services through or by means of this Site which cannot be excluded, restricted or modified except to a limited extent, then to the fullest extent permitted our liability is limited and if any liability remains it will be limited to any one or more of the following in Our sole discretion:

  • in the case of any goods, the replacement or repair of the goods, or the supply of equivalent goods, or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; and
  • in the case of any services, the supply of the services again or the payment of the cost of having the services supplied again.

You hereby agree that in no event shall Our maximum aggregate liability exceed the greater of the amount paid by you for the service or one hundred dollars (AUD$100.00).

 

Earnings Disclaimer

When addressing financial matters in any of our Sites, videos, newsletters or other content, we’ve taken every effort to ensure we accurately represent our programs and their ability to grow your business and improve your life. However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations. This is not a “get rich scheme.” Nothing on our Sites is a promise or guarantee of earnings. Your level of success in attaining similar results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business, network, and financial situation, to name a few. Because these factors differ according to individuals, we cannot and do not guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our Sites are simply our opinion and thus are not guarantees or promises for actual performance. It should be clear to you that by law we make no guarantees that you will achieve any results from our ideas or models presented on our Sites, and we offer no professional legal, medical, psychological or financial advice.

 

RESEARCH AND EVALUATION

We reserve the right to carry out research and evaluation with registered users of this Site. Any and all material collected will be in accordance with Australian standards for such research and Our Privacy Policy. We reserve the right to use Our findings in reports, papers or published materials or media, and We will ensure that names and private information will not be disclosed.

 

MISUSE

You must not misuse this Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Site or Our products, services, the server on which this Site is stored or any server, computer or database connected to this Site, software or applications.

 

USER GENERATED CONTENT 

Other than as limited in our Privacy Policy, if You submit any content, materials, comments, messages, photographs, audio, video, music, images or personally identifiable information to, on, or via, Our Site, products, services, software, or any other interactive service (Content), then You hereby grant Us (and represent and warrant that You have the right grant) an automatic royalty-free, perpetual non-exclusive transferable, sub-licensable right to for any purpose (i) use, copy, communicate, deliver, host, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display such Content throughout the world in any media, now known or hereafter devised; and (ii) use the name that You submit in connection with such Content, where applicable.

You are solely responsible for the posting, transmission, delivery, accuracy and use of the Content and You do so at Your own risk and We take no responsibility and assume no liability for the same. Your Content must not include any material, content or information:

  • that breaches any law or regulation;
  • that is unlawful, deceptive or fraudulent;
  • intended to harm someone in any way or that is libelous, defamatory, obscene, pornographic, indecent, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, uses vulgar language or otherwise objectionable;
  • containing unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation, junk or bulk email or otherwise (spam);
  • that incites, encourages or threatens harm against another;
  • that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect or limit the operation of any computer software, hardware or telecommunications equipment; or
  • that may infringe the intellectual property rights of any third party.

Due to the amount of user Content, we are not able and will not pre-screen, monitor, vet or edit Content. We do have the right in Our sole discretion to remove any Content but are not responsible for any failure or delay in doing so and We are not and will not be liable for any damage or harm resulting from any Content, or Your interactions with others, on the Site

The Site must not be framed or linked on or to any other site, unless We expressly agree otherwise in writing.

 

WARRANTIES AND INDEMNITY

Warranties

You represent and warrant to Us that: (i) You will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of Us and/or any third party in Your use of the Site or our products and/or services; (ii) You will comply with all applicable laws, rules and regulations in Your use of the Site and our products and/or services, including this Agreement; (iii) You are at least eighteen (18) years of age and have the legal right and capacity to enter into this Agreement in your jurisdiction and to comply with this Agreement; (iv) all information You provide to us is true, accurate, complete and current.

 

Indemnity

You hereby agree to indemnify, defend, and hold harmless Us, Our parents, subsidiaries and affiliates and Our officers, employees, directors, agents, legal representatives, and sponsors from and against any and all claims, damages, loss, costs, or other expense (including reasonably incurred legal fees) that arise directly or indirectly out of or from: (i) Your breach of this Agreement of use or of any representation or warranty made by You under this Agreement; (ii) Your submissions to the Site; and/or (iii) Your activities in connection with the Site and its contents; (iv) any third party claim, action or demand arising from or connected in any way with Your use of the Site or Our services; and (v) any infringement, violation or misappropriation of any copyright, publicity, privacy or other right of any person or entity arising from or connected in any way with Your use of the Site or Our services. We reserve the right to choose to control the handling of any claim under this indemnity at Your cost and expense and You may not settle or compromise or otherwise handle any such claim without Our written consent.

 

Limitations

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action You may have arising out of, relating to, or connected with Your use of the Site or Our products and/or services, must be filed within one calendar year after such claim or cause of action arises.

 

Notices and Electronic Communications

All notices under this Agreement must be in writing and delivered to the other party by any of the following methods: (i) hand delivery, (ii) certified mail, return receipt requested, postage prepaid, (iii) overnight courier, or (iv) electronic mail. If You give notice to us you must use the address shown in this Agreement. If We provide notice to You, we will use the contact information provided by You to us. All notices will be deemed received as follows: (i) if by hand-delivery, on the date of delivery, (ii) if by delivery by mail, on the date of receipt appearing on a return receipt card, (iii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iv) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. You agree that any notice that You receive from Us electronically satisfies any legal requirement that such communications be in writing.

 

TERMS AND CONDITIONS OF SHOP CHECKOUT

 

ORDERS & DELIVERY

All orders placed through this Site are subject to Our confirmation and acceptance. We may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to You. If We request payment for increased prices, You may cancel the order by giving notice to Us, which must be received within seven days of the announcement of the increase. At order confirmation, all aspects of the delivery, currency and payment arrangements are finalised and cannot be changed. Please check order details carefully prior to confirmation. We, or Our agents, will deliver the goods You order to the address You specify in your order, within the agreed time frame, subject to their availability. Where the goods are not available We will notify You of this as soon as possible. Anyone at the delivery address who receives the goods will be presumed to be authorised to receive the goods. Once the goods are delivered to You, You will own them and it is Your responsibility if they are lost or damaged. We reserve the right to restrict sales to retail quantities when supplying resellers and distributors.

 

SHIPPING AND POSTAGE RATES

We are not responsible for delivery of orders if the delivery address supplied has been entered incorrectly or is the incorrect address. If you have changed address since placing your order, please notify us by phone on +61 2 414 591 958 immediately. Additional freight and other charges for resent orders may apply Postage is calculated based on weight, shipping destination, and packaging costs. Orders are shipped by Standard shipping.

  • Standard Shipping:
    • International, standard shipping can take between 21-28 days to USA/UK. Other international destinations may take longer. Further delays can be experienced due to customs and or other variables, which is beyond Our ability to determine
    • Within Australia, shipping can take anywhere between 3 to 5 days once an order has left Our warehouse.

 

DIGITAL MEDIA PURCHASES

For media files (i.e. online classes, video, audio recordings or data files), your purchase grants you the following rights:

  • One User account to access the online hosted material available with a URL link
    • If for some reason Your link, username, or password do not work correctly, or You do not receive an email from Us with Your unique login details within 30 minutes of Your purchase, please contact Us at [email protected] immediately. We will aim to respond within 5 business days. If You do not hear from Us within 5 business days please contact Us again.
  • In the case of digital downloads (audio recordings or data files) You may reproduce the media file in ONE other format for personal use (i.e portable media device, CD or MD).

It is Your responsibility to ensure You have the necessary facilities (including without limitation, compatibility, bandwidth, memory, Internet connection and capacity) to download or view items purchased. The following rights are NOT granted to You:

  • Reproduce or download further copies of the media file in whole or in part.
  • Translate, enhance, modify, alter or adapt the media file in any way or for any purpose.
  • Cause or permit any third party to translate, enhance, modify, alter or adapt the media file in any way or for any purpose.
  • Sub-license, lease, lend, sell, rent, distribute or grant others any rights, or provide copies of the media file to others.

 

RETURNS & REFUNDS

We offer a 30 day money back guarantee in the event that You do not love Our products less postage costs where You notify Us of Your refund request in writing within 30 days of the product being purchased. If You choose to obtain a refund, then, at Our discretion, We will remove Your registration from Our members area of the Site and You will be prevented from accessing videos, downloads and other digital content available for registered members. We will replace any defective product. In the case of an incorrect item being shipped, please contact Us before you return the item. There are no refunds on services and live events. If you wish to cancel or change your order you will need to call Us on +61 2 414 591 958 as soon as possible and within 24 hours of Your order.

 

PRICES & PAYMENT

For each online order, You must pay:

  • the applicable price for the relevant goods confirmed by Us; and
  • any delivery and handling fee specified on Our Site at that time (if applicable). Additional charges in the form of customs and/or taxes may be payable in Your country upon receipt of goods.

We can only accept payments using the methods stated in the shopping cart section of this Site. We are unable to accept COD charges. Payment must be cleared before the goods are dispatched. Prices listed on Our Site are in Australian Dollars ($AUD) Prices and products on this Site may vary between Our resource centres.

 

YOUR ACCOUNT 

You agree to take responsibility for the safekeeping of Your user name and password. You are liable if Your user name or password is used by an unauthorised person. You agree to release and indemnify Us in connection with any use (whether authorised or unauthorised) of Your user name or password. We may suspend or cancel Your account at any time without prior notice.

 

PICTURES

We aim to include up-to-date pictures of all of the resources on this Site. However, the picture of the resources may differ from the actual resources. We recommend You read the resource description carefully before finalising Your order.

 

PRIVACY

We will comply with Our Privacy Statement. We will not reveal your personal information to external organisations except for the purposes of fulfilling Your order. For more information on Our privacy policy, please refer to the Privacy Policy.

 

LIABILITY

Our liability in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at Our election is limited to:

  • in relation to goods, the replacement of the goods or the supply of equivalent goods; and
  • in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

 

CHANGES TO TERMS

Each order is governed by Our Terms current when the order is placed. We may add to, delete or otherwise change our Terms without notice. It is Your responsibility to read and understand Our Terms each time you place an order.

 

APPLICABLE LAW

All purchases under this Site and these terms and conditions are subject to the laws of New South Wales, Australia.

 

By purchasing Our product or service, You agree to be bound by and understand the following: We do not dispense medical advice or prescribe the use of any technique as a form of treatment for physical, emotional, or medical problems and you must seek the advice of a registered physician in such cases. It is our intent to offer information of a general nature to help you in your quest for emotional and spiritual wellbeing. In the event you use any information from our Site, products or services for yourself, which is your constitutional right, We assume no responsibility for your actions. You understand that You will be added to Our email subscriber list to receive future correspondence. You may unsubscribe at any time. We are not intended as a replacement to medical treatment. Our Site, products and services can be used in conjunction with, and compliment, any other form of medical treatment without adverse effect.

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