Subconscious Ascension Pty Ltd
ACN 143 777 315
PO Box 52 – Ravenshoe Queensland 4888 – Australia
Terms And Conditions
These ‘Terms and Conditions’ apply to Subconscious Ascension Pty Ltd and its subsidiaries – Subconscious Ascension (www.subconsciousascension.com), Energetically Sent (www.energeticallysent.com) and EsotErica (www.esoterica.com.au) – hereinafter referred to as “Subconscious Ascension Pty Ltd” and/or “these sites”.
WELCOME TO OUR WEBSITES. Please read the following Terms and Conditions [HEREINAFTER REFERRED TO AS “TERMS AND CONDITIONS” OR “AGREEMENT”] carefully before using “these sites” [www.subconsciousascension.com, www.energeticallysent.com and/or www.esoterica.com.au]. THESE TERMS AND CONDITIONS ARE A LEGALLY BINDING AGREEMENT AND GOVERN YOUR USE OF THESE SITES AND ARE APPLICABLE TO ALL VISITS TO THESE SITES. These sites provide GOODS, PRODUCTS and/or services [herinafter referred to as “Product(s)/Service(s)”] for sale by Subconscious Ascension Pty Ltd AND/or third party merchants [herinafter referred to as “Merchant(s)” OR “THIRD PARTY(IES)”] to Users, viewers, participators, purchasers, ETC [herinafter referred to as “User(s)”, “YOU”, “YOUR”, “THEY”, “THEM”, “HIS” OR “HER”] of these sites. OTHER INFORMATION, AT NO COST TO USERS, IS ALSO FREELY AVAILABLE FOR PERSONAL USE, at THE Users own risk. By browsing, accessing or using these sites, Users agree to be bound by and accept without limitation or qualification the following terms and conditions AND OTHER APPLICABLE LAWS. By registering on, accessing and/or using these sites, you acknowledge that you have read, understood and agree to be bound by theSE ‘Terms And Conditions’. tHE TERMS AND CONDITIONS MAY CHANGE FROM TIME TO TIME AT OUR SOLE DISCRETION AND WITHOUT NOTICE. If, at any time, a User does not agree to these terms and conditions, such User must immediately cease access and/or use of these sites.
User Representations
Users represent and warrant that: (a) they possess the legal right and ability to enter into a legally binding agreement with Subconscious Ascension Pty Ltd with respect to any product/service purchased on these sites; (b) they acknowledge and understand that any products/services and/or free information from these sites is used at their own risk; (c) they will access and use these sites in accordance with this agreement and other applicable laws; (d) they will use these sites for lawful purposes only; (e) they understand that all information on these sites and in any Subconscious Ascension Pty Ltd publication should not be regarded as a substitute for professional legal, medical or other advice; (f) they understand that all information, text, names, images, pictures, logos, links, icons and other materials (without limitation) are provided “as is” and on an “as is available” basis without representation, warranty or endorsement, express or implied; and (g) they accept these terms and conditions in full. To the maximum extent permitted by applicable law, Subconscious Ascension Pty Ltd excludes all representations, warranties, undertakings and guarantees relating to these sites, and does not represent, warrant, undertake or guarantee that Users will: (a) not suffer any adverse effects arising directly or indirectly from products/services on these sites; and/or (b) measurably improve as a result of participation in, or use of, products/services accessed from these sites.
User Agreement
Users agree: (a) this agreement is formed between Subconscious Ascension Pty Ltd (and/or subsidiaries and/or these sites) and the User; (b) not to access or use these sites if the User does not agree with any terms and conditions of this agreement; (c) to maintain the security of any username identification, password and/or other confidential information relating to their account on these sites; (d) to be responsible for all consequences resulting from use of their account, use of their account by others (including minors) and/or unauthorized use; (e) to notify Subconscious Ascension Pty Ltd if Users become aware of any unauthorized use of their account; (f) that each username and password must be used by a single User and is not transferable; (g) that each order, or acceptance of an order, for products/services by the User from Subconscious Ascension Pty Ltd shall be deemed to be an offer by the User to purchase products/services subject to these terms and conditions; (h) that no order placed by the User shall be deemed to be accepted by Subconscious Ascension Pty Ltd and/or these sites until acknowledgement by way of written confirmation is issued by Subconscious Ascension Pty Ltd; (i) to provide true and accurate information in relation to personal details requested on these sites and maintain the accuracy of such information; and (j) the terms and conditions can potentially change at any time, and it is the Users responsibility to check for any amendments/changes to the terms and conditions prior to ordering products/services or participating in any way on these sites.
User Access
Subconscious Ascension Pty Ltd may, at its sole discretion: (1) revoke the access of any User to these sites; and (2) modify, change, withdraw or delete these sites and/or any of these terms and conditions in whole or in part.
User Content
‘User content’ means material (including without limitation text, images, audio material, video material and audio-visual material) that Users submit to these sites, for whatever purpose. Users agree to grant to Subconscious Ascension Pty Ltd a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute User content in any existing or future media. Users also grant to Subconscious Ascension Pty Ltd the right to sub-license these rights, and the right to bring an action for infringement of these rights. User content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action against the User or Subconscious Ascension Pty Ltd or a third party (in each case under any applicable law). Users must not submit any user content to these sites that is, or has ever been, the subject of any threatened or actual legal proceedings or other similar complaint. Subconscious Ascension Pty Ltd reserves the right to edit or remove any material submitted to these sites, or stored on Subconscious Ascension Pty Ltd servers, or hosted or published upon these sites. Notwithstanding Subconscious Ascension Pty Ltd’s rights under these terms and conditions in relation to user content, Subconscious Ascension Pty Ltd does not undertake to monitor the submission of such content to, or the publication of such content on, these sites.
Terms Of Understanding
Users understand that: (a) these sites are provided “as is” and/or “as is available” and without a warranty of any kind, either express or implied, as to any products/services contained on these sites. The onus is upon the User of these sites to inform himself/herself of products/services used/purchased and/or free information accessed/used; (b) despite every effort made by Subconscious Ascension Pty Ltd in the preparation of these sites, some technical inaccuracies or typographical errors may inadvertently appear. Changes may periodically occur to the information without notice; (c) Subconscious Ascension Pty Ltd is not responsible and shall not be held liable for: (i) the result of any actions (including, but not limited to, the purchase of any products/services referred to on these sites) taken by the User of these sites on the basis of information contained on these sites; (ii) any error in or omission on these sites; nor (iii) fitness for purpose of products/services and/or free information for the Users use.
Restrictions On Use
Users agree: (a) to use these sites solely for their own personal and non-commercial use; (b) not to interrupt the operation of these sites in any way, or use these sites in a manner that adversely affects the availability of its resources to other Users; (c) not to use these sites for any illegal purpose or in any manner that is inconsistent with these terms and conditions; and (d) not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or offer for sale any information contained on or obtained from these sites.
Modifications
Subconscious Ascension Pty Ltd reserves the right to make changes and/or modify these sites, policies and terms and conditions at any time. Such modifications shall be effective immediately upon publication on these sites. Following such publication, continued use of these sites shall be deemed a User’s conclusive acceptance of the modified terms and conditions.
Email Policy
It is assumed that, upon registration on these sites, Users agree to receive emails from Subconscious Ascension Pty Ltd and these sites for the purposes of confirmation of product/service purchases, for receiving information about other offers, and for newsletters and/or related information. Product/service purchases on these sites cannot be confirmed unless Users consent to receiving such email.
Privacy
Subconscious Ascension Pty Ltd respects the privacy of all visitors to, and Users of, these sites, and is dedicated to keeping Users personal details strictly confidential. Visitors to these sites may freely view and use these sites without providing any personal information. These sites may contain filters that collect general information in relation to the number of visits to these sites, pages viewed, etc. When personal information is requested (name, date of birth, postal address, telephone, email, credit card details, etc), such information shall remain strictly confidential, and every precaution taken to prevent loss, misuse or alteration of such personal information. The User/purchaser agrees that Subconscious Ascension Pty Ltd may disclose personal information to its related companies/businesses, and to a third party if a warranty claim is submitted, in order to improve services. Subconscious Ascension Pty Ltd reserves the right to disclose personal information if required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights. This privacy statement does not apply to client testimonials in relation to the products/services on these sites, where personal information is voluntarily submitted and published on the internet (on these sites) and readily available for viewing by anyone accessing these sites. Users agree and acknowledge that any personal material (comments, recordings, images or other personal content) submitted to these sites for public display shall be available for anyone in the world to read and/or view and/or comment on and/or potentially download. Where third party links exist on these sites, Subconscious Ascension Pty Ltd is not responsible for the privacy policies or practices of third party websites.
Posting Public Content
Unless otherwise stated, when Users post a public comment or upload other public data to these sites, that information may be displayed by these sites publicly. User information may also be retained by Subconscious Ascension Pty Ltd where there is a legal reason to retain it for a longer period.
Pricing And Payment
Unless otherwise agreed by Subconscious Ascension Pty Ltd in writing, the price for products/services shall be the price stated on these sites. All prices on these sites are the recommended retail prices and are quoted in Australian Dollars (AUD$), include Goods and Services Tax (GST) where applicable, and all transactions are processed in Australian Dollars. All prices listed on these sites exclude delivery costs, unless otherwise noted. Delivery costs, if applicable, shall be charged separately on each order. Subconscious Ascension Pty Ltd reserves the right to refuse to supply to Users, whether individual or company, for whatever reason. Subconscious Ascension Pty Ltd reserves the right to revise the price of any item(s) on these sites without notice. All payments shall be processed upon completion of the Users order submission, and payment must be received in full prior to despatch of products/services. No payment shall be deemed to have been received until Subconscious Ascension Pty Ltd has received cleared funds. Subconscious Ascension Pty Ltd and these sites accept online payment via major credit cards (as noted on these sites) and direct bank deposits for specific products/services (as noted on these sites). Subconscious Ascension Pty Ltd reserves the right to change any payment method without notice. Subconscious Ascension Pty Ltd reserves the right to place specific payment terms on particular products/services transactions (for example, direct deposit into bank account) where this is a specific requirement of third-party merchants and/or these sites. Prices for products/services may be subject to change without notice.
Payment Terms
The payment terms and conditions for these sites is ‘payment up front’, prior to products/services being supplied, except in such circumstance where a service may be advertised free of charge. Payment options for saleable products/services are advertised on these sites.
Tax
Taxes, fees, levies and other government charges may apply and can change at any time, and are beyond the control of Subconscious Ascension Pty Ltd. Users agree to pay any taxes applicable to any product/service sold on these sites. If the products/services listed for sale on these sites are subject to any excise, sales, goods and services, or any other, tax imposed by any governmental agency, such tax shall be included in the quoted prices, unless it is expressly stated, and the User agrees to pay such taxes. Tariffs, customs or duties that may be incurred during the international shipping process are the responsibility of the User, to be handled and paid for by the User.
Placement Of Orders
The promotion and/or publication of products/services on these sites or within any email correspondence that Users receive from these sites does not constitute an offer from these sites to sell to Users the products/services. The promotion and/or publication of products/services on these sites, or within any email correspondence that Users receive from these sites, is an invitation to treat only. By placing an order for products/services on these sites, Users are making an offer and commitment to purchase such products/services on the specific products/services terms (if applicable) and otherwise on the terms and conditions set out herein. Subconscious Ascension Pty Ltd and/or these sites reserve the right to accept or reject an offer to purchase products/services for any reason (or no reason) at any time prior to the despatch of the products/services. In the event that Subconscious Ascension Pty Ltd and/or these sites cancel an order to purchase products/services or may be unable to fulfill the order, Subconscious Ascension Pty Ltd and/or these sites will refund the payment received for that order by way of charge-back to the User’s credit card. To the maximum extent permitted by law, Subconscious Ascension Pty Ltd and/or these sites will not be liable to Users for any other loss, such as any additional costs associated with Users purchasing products/services from another retailer at a higher price. Once Users have made an order to purchase products/services on these sites, Users cannot cancel or change that order, without the express written consent of Subconscious Ascension Pty Ltd.
Delivery
Dates quoted on these sites for despatch/delivery of products are approximate, and are not to be considered a guarantee of product/service availability on, or by, a specific date. Subconscious Ascension Pty Ltd and these sites strive to meet all quoted delivery times, and every effort is made to ensure products/services purchased are delivered to the User in the stated timeframe and/or the quickest possible time. Subconscious Ascension Pty Ltd (and subsidiaries) and these sites accept no liability for any loss or damage arising from delays in delivery, whether for products provided by merchants (merchants are ultimately responsible for their delivery timeframes) and/or factors beyond the reasonable control of these sites. Subconscious Ascension Pty Ltd bears no liability or responsibility for the safe delivery of products sold.
Freight/Transport
Products listed for sale on these sites may be subject to packaging/handling and freight charges, in addition to the quoted prices. Where such charges apply, it is the sole responsibility of the User/purchaser to pay any freight/transport fees/charges. Where freight/handling charges are not listed against a product, it is the Users responsibility to check with Subconscious Ascension Pty Ltd in relation to such charge prior to placing an order.
Pre-Orders
From time to time, Subconscious Ascension Pty Ltd and these sites may make certain products/services available to be pre-ordered for a set period before their launch date. As with any other order on these sites, payment for pre-ordered products/services shall be processed at the time of order placement.
Acknowledgement Of Purchase
Wherever possible/practicable, these sites shall endeavour to provide confirmation (via email) whenever a product and/or service is purchased.
Products/Services
Users acknowledge, understand and agree: (a) to make their own enquiries to assess information provided on these sites, as well as the suitability of a product/service before an order is placed; (b) that information about third-party products/services on these sites is based on material provided by other merchants and, except as required by law, Subconscious Ascension Pty Ltd and these sites cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Subconscious Ascension Pty Ltd or a change in product/service specifications without notice to Subconscious Ascension Pty Ltd; (c) that product/service images on these sites are for illustration purposes only and some products may vary; (d) all products/services offered on these sites are subject to these terms and conditions, and, where applicable, third-party products are also subject to terms and conditions by merchants; (e) by placing an order, Users agree they are responsible to inform themselves of any specific terms and conditions and to be legally bound by any specific terms and conditions of the product/service; (f) Subconscious Ascension Pty Ltd reserves the right to change, suspend or remove any product/service or other information from these sites at any time; (g) Subconscious Ascension Pty Ltd reserves the right to advise Users that products/services for which an order was made have become unavailable.
Description And Specification
Whilst every effort is made to ensure their accuracy, the descriptions, illustrations and material contained on these sites, and/or in any publications, price lists, brochures, leaflets or other descriptive matter provided by or on behalf of Subconscious Ascension Pty Ltd, represent the general nature only of the items described on these sites and, save where Subconscious Ascension Pty Ltd has accepted an order for products/services specified as so described or illustrated shall not form any part of any order or agreement or amount to any representations or warranty and, save as aforesaid, the use of such description or illustration shall not constitute a contract of a sale by description. Subconscious Ascension Pty Ltd reserves the right to modify the design/content of products/services without notice.
Third Party Links
These sites may include references/links to other websites and/or business/personal entities (third party links). Subconscious Ascension Pty Ltd provides these links as a convenience only, for User information, and the inclusion of any link does not imply an endorsement, affiliation or sponsorship by Subconscious Ascension Pty Ltd of the linked third party site. If Users decide to visit a linked site, Users do so at their own risk. Subconscious Ascension Pty Ltd (including subsidiaries) and these sites make no representation or warranty regarding third party sites and no responsibility is taken by Subconscious Ascension Pty Ltd for the consequences of viewing and/or use of third party sites, nor does Subconscious Ascension Pty Ltd assume responsibility for the information and/or practices associated with any third party links. Wherever these sites provide links to other websites, this should not be construed as constituting any relationship or endorsement of the linked third party, and reliance on all information provided by the external link is done so at the Users own risk. Users of any third party products/services and/or information advertised on these sites shall indemnify Subconscious Ascension Pty Ltd and these sites and hold them harmless in relation to third party products/services. Subconscious Ascension Pty Ltd has no control over the contents of third party links/websites, and accepts no responsibility for them or for any loss or damage that may arise from Users use of them.
Merchants
Subconscious Ascension Pty Ltd, through these sites, may also market on behalf of merchants. In such instance, the merchant, as the provider of the product/service, shall be fully responsible for any and all loss, injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of the Users, caused in whole or in part by the merchant and/or its product/service. All products/services supplied by merchants are subject to availability. Subconscious Ascension Pty Ltd and these sites cannot guarantee that products/services will be available to Users at their preferred date and time. Users agree to be legally bound by the merchant terms, conditions, rules and/or limitations. Users agree that the merchant may cancel or postpone any booking made. Where a cancellation is made by the User, the merchant may charge a cancellation fee.
Merchant Payment
Payment for products/services listed on these sites, which are not specifically produced by Subconscious Ascension Pty Ltd, are required to be paid by direct bank deposit only. Credit card and/or payment gateway payments will not be accepted. In the event of a claim, Subconscious Ascension Pty Ltd and/or a merchant representative shall investigate such claim prior to reimbursement of any kind.
Non-Conforming Products And/Or Services
Subconscious Ascension Pty Ltd and these sites endeavour to provide high quality products and services in conformity with the specific descriptions advertised. In the event that a User (purchaser) claims that the product and/or service supplied is not as ordered, the User must notify the administrator of these sites, in writing, within five (5) working days of receipt of the product/service. When a claim is made by the User that a product or service does not conform to specifications, prior to acting on the claim, Subconscious Ascension Pty Ltd reserves the right to engage an independent evaluator to: (a) ask specific questions in relation to a particular service provided; and/or (b) inspect the product. In the event that the User’s claim is substantiated, Subconscious Ascension Pty Ltd may, at its discretion, repair or replace a defective product and/or offer an alternate service and/or credit the User in full or on a pro-rata basis. Subconscious Ascension Pty Ltd shall not be liable at any time for any expenses or costs, including incidental and/or consequential damages, incurred by the User in the use of such products and/or services. The User understands and agrees that Subconscious Ascension Pty Ltd’s liability for any and all consequential damages related to or arising out of provision of products and/or services on these sites shall be limited to the amount of the purchase price paid.
Return Or Exchange Of Products/Services
Products/services listed on these sites are generally not subject to return after payment has been received, except in exceptional circumstances as required by law and approved with written authorization by Subconscious Ascension Pty Ltd. If a product is damaged on delivery, Users should refuse to take receipt of such product and notify Subconscious Ascension Pty Ltd immediately. Where a defective product is returned for exchange, the product must be returned in its original packaging (and in saleable condition with tags and all accessories) within five (5) working days after Users send written notification of the purported defect to the administrator of these sites. It is the sole responsibility of Users to pay any packaging/freight/transport/insurance fees and/or charges, return goods via a recorded-delivery service, and ensure personal details and relevant information about the return is included within the package. Any refund or credit is limited to the value of the product/service purchased. If a product is returned incomplete, Subconscious Ascension Pty Ltd reserves the right to apply a partial refund or no refund, depending on the condition of the product and its future useability. Users agree to submit to investigation of any purported defects, including an in-house inspection by a company-nominated representative, and send a photograph to assist with assessment of the claim. Users agree that Subconscious Ascension Pty Ltd and these sites have discretion to accept any returned products, provided that such products shall only be accepted for return with prior approval of a duly authorized representative of Subconscious Ascension Pty Ltd and/or these sites. If a product/service is replaced, the replacement product/service becomes the property of the User, and the returned product/service becomes the property of Subconscious Ascension Pty Ltd. In the event of a refund, the returned product/service becomes the property of Subconscious Ascension Pty Ltd. No returns shall be authorized after thirty (30) days following receipt of the product by Users. Subconscious Ascension Pty Ltd reserves the right to charge an administration fee to cover reasonable costs in respect to returns or exchanges. Non-returnable items include, but are not limited to, gift cards, vouchers, downloads, eBooks and Apps.
Refunds And/Or Change Of Mind
Users are advised to choose carefully prior to ordering products/services from these sites. Generally, Users shall not be entitled to a refund or credit in whole or in part on products/services, except as required by law. Any refund or credit for products/services that are faulty, have been wrongly described or are different to the products/services purchased on these sites shall be dealt with by way of charge-back to the Users credit card. Whilst User satisfaction is a high priority of Subconscious Ascension Pty Ltd and these sites, Subconscious Ascension Pty Ltd strongly recommends Users to choose carefully as Subconscious Ascension Pty Ltd does not refund or exchange simply because a User changes his/her mind. If Users wish to return products/services, Users must refer to ‘Return or Exchange of Products/Services’ within these terms and conditions. Any refund or credit that may apply is limited to the value of products/services purchased. Subconscious Ascension Pty Ltd and these sites may choose to verify the details of any refund/credit request (including any merchant sales) and may also request further information from Users and/or may make an appointment for a company representative to personally inspect the Users claim. Users acknowledge and agree that a sufficient period of time may be required to investigate any refund requests.
Non-Transference
Orders are not assignable or transferable, in whole or in part, without the express written consent of Subconscious Ascension Pty Ltd.
Cancellations
Products/services listed on these sites are not subject to cancellation after payment has been received. In exceptional circumstances, as determined by Subconscious Ascension Pty Ltd, cancellation of an order for products/services is subject to Subconscious Ascension Pty Ltd’s consent and agreement, the specific terms and conditions of which shall be set forth in writing. Refunds are solely at the discretion of Subconscious Ascension Pty Ltd. The User/purchaser agrees to indemnify Subconscious Ascension Pty Ltd against all losses arising from any cancellation.
Warranty/Guarantee
Subconscious Ascension Pty Ltd and these sites strive to provide and promote the best possible products and services; however, no specific warranty/guarantee can be made for any specific outcome (personal or otherwise) as a result of accessing/using/purchasing such products/services from these sites and/or that these sites will meet User requirements. Subconscious Ascension Pty Ltd is providing these sites on an “as is” basis, without any representations or warranties of any kind with respect to these sites and/or their contents and disclaims all such representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Whilst reasonable steps have been undertaken to ensure that information on these sites is free from error, to the extent permitted by law, Subconscious Ascension Pty Ltd and these sites does not warrant the accuracy, adequacy or completeness of the content on these sites. Subconscious Ascension Pty Ltd does not guarantee that any online site or third party site will be free from viruses, or that access to any online site or third party site will function as intended or be uninterrupted. Users must take their own precautions to ensure that selection from these sites is free of viruses or anything else that may interfere with or damage the operations of personal computer systems and/or electronic devices. Subconscious Ascension Pty Ltd warrants that all products shall be new, unless otherwise specified, and free from functional defects in material and workmanship, and that all products shall conform to published specifications. Users agree and acknowledge that warranty offered for products/services manufactured by third party providers is limited to the terms and conditions set by such third party providers and merchants. Where a particular product or service does not conform to the specific description advertised, Users should refer to ‘Non-Conforming Products And/Or Services’. Subconscious Ascension Pty Ltd reserves the right to offer no such warranty/guarantee to Users who avail themselves of energetically-sent sessions and/or healing services and/or training sessions and/or free information and/or any other products/services on these sites, and Users agree to indemnify Subconscious Ascension Pty Ltd and hold it harmless from any and all damages as a result of purchasing and/or using products/services from these sites. Subconscious Ascension Pty Ltd and/or any related third parties and/or merchants do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information/products/services found or offered on these sites for any particular purpose. Users acknowledge and agree that such information, products and/or services may contain inaccuracies or errors and Subconscious Ascension Pty Ltd expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law. Subconscious Ascension Pty Ltd shall not be liable for consequential, incidental, special or any other damages sustained by Users as a result of using information/products/services from these sites. Users agree to do their own research in relation to the suitability of any product/service or free information offered on these sites, and seek professional advice where necessary, to determine if such product/service and/or information is best for them. Nothing on these sites constitutes, or is meant to constitute, advice of any kind. If Users require advice in relation to any legal, personal, medical or other matter, Users must consult an appropriate professional.
Limited Warranties
Subconscious Ascension Pty Ltd does not warrant the completeness or accuracy of the information published on these sites, and does not commit to ensuring that these sites remain available or that the material on these sites is kept up to date. To the maximum extent permitted by applicable law, Subconscious Ascension Pty Ltd excludes all representations, warranties and conditions relating to these sites and the use of these sites (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Withdrawal And Use Of Products
Subconscious Ascension Pty Ltd may withdraw from these sites any products/services/information produced or generally supplied without prior notice or liability to Users. If information is provided to Users about the use for which the products/services are designed and about any conditions necessary to ensure that the products/services will be safe, then Users must use the products/services accordingly. Subconscious Ascension Pty Ltd shall not be held responsible or liable for misuse of products/services by Users, and Users agree to indemnify Subconscious Ascension Pty Ltd in this regard.
Technical Support
In the event that Subconscious Ascension Pty Ltd provides technical support or advice to the User regarding its products/services or otherwise, such support is given without Subconscious Ascension Pty Ltd bearing any liability whatsoever.
Downloads
Unless otherwise specified, all material on these sites may be downloaded for personal non-commercial use only. Downloads, for sale on the websites, may be downloaded up to three (3) times within a five (5) day period. By using these sites, Users agree to abide by these terms and conditions.
eBooks, Apps And Downloadable Products
In the case of eBooks, Apps and downloadable products, permission is granted to download such product to any installed readers on devices for personal use at any time, provided that Users agree: (a) such product and its associated download link is not distributed or transmitted over any network or communication link; (b) such product is used for personal entertainment only; (c) such product is not copied or modified in any way; and (d) Users do not remove any copyright or other proprietary notices contained in the eBook/App/Downloadable Product. This permission, granted to Users of these sites, may not be transferred to a third party, nor may Users sublicense any of their rights under it. This permission is effective until terminated. Users can terminate it at any time by destroying the eBook/App/Downloadable Product. It will also terminate automatically if Users fail to comply with any part of these terms and conditions. Users agree to delete the eBook/App/Downloadable Product immediately on any such termination. Users agree that they must not rely on information from eBooks/Apps/Downloadable Products as an alternative to legal, medical, financial, personal or any other advice from an appropriately qualified professional. To the maximum extent permitted by applicable law, Subconscious Ascension Pty Ltd excludes all representations, warranties, undertakings and guarantees relating to eBooks, Apps and/or Downloadable Products. Subconscious Ascension Pty Ltd does not represent, warrant, undertake or guarantee that the information in eBooks/Apps/Downloadable Products is correct, accurate, complete or non-misleading, or that the use of any guidance in eBooks/Apps/Downloadable Products will lead to any particular outcome or result.
Feedback Sources
Subconscious Ascension Pty Ltd may include bulletin boards, chat rooms, review services, blogs, social media and/or other feedback options (“feedback sources”) which allow feedback to Subconscious Ascension Pty Ltd and/or real-time interaction between Users. Subconscious Ascension Pty Ltd does not control the messages, information or files delivered to feedback sources. It is a condition of Users use of feedback sources and these sites that Users do not: (a) restrict or inhibit any other User from using and enjoying the feedback sources; (b) post or transmit any unlawful, anti-competitive, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct or infringing conduct of any kind that would constitute a criminal or civil offense, which may give rise to civil liability or otherwise violate any local, state, national or international law; (c) post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trade mark, patent, or other proprietary right, or derivation of copyrighted works with respect thereto, without first obtaining written permission from the owner or right holder; (d) post or transmit any information, software or other material which contains a virus or other harmful component; (e) post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising, other than for the business purposes of Subconscious Ascension Pty Ltd. Users understand that Subconscious Ascension Pty Ltd has no obligation to monitor or edit the content of the feedback sources. However, Subconscious Ascension Pty Ltd reserves the right at all times to disclose any information posted by Users, as may be necessary, to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that, at Subconscious Ascension Pty Ltd’s sole discretion, are objectionable or in violation of these terms and conditions.
Use Of Subconscious Ascension Pty Ltd Proprietary Data
Subconscious Ascension Pty Ltd shares, promotes and sells information, techniques, products and services to assist Users for personal growth, health and wellbeing purposes, and for the greater good of all. At no time and in no way is Subconscious Ascension Pty Ltd’s (and its subsidiaries) documents, descriptions and/or related information to be used by the User in any way detrimental to Subconscious Ascension Pty Ltd’s interests. The User is responsible for making his/her own informed decision as to the suitability of the information/products/services offered and/or whether to use same.
Regulatory Compliance
Subconscious Ascension Pty Ltd makes no warranty or representation that the products/services advertised on these sites comply with any specific regulation or standard, and the purchaser’s obligation of payment of purchase price shall in no way be affected by regulatory compliance issues.
Force Majeure
Subconscious Ascension Pty Ltd shall not be held liable for failure to comply with these terms and conditions of sale to the extent that Subconscious Ascension Pty Ltd’s performance is prevented or delayed because of circumstances outside of Subconscious Ascension Pty Ltd’s control. Subconscious Ascension Pty Ltd assumes no responsibility or liability for any loss or damage by reason of any delay, or Subconscious Ascension Pty Ltd’s ability to deliver, which is caused by, but not limited to, unforeseen events such as fire, industrial dispute, vandalism, accidents, embargoes, material shortages, common carrier delays, insurrection, riot, acts of civil and military authorities, acts of God, internet or computer malfunction, or from any other cause which is unavoidable or beyond reasonable control. If, by reason of any fact, circumstance, matter or thing beyond the control of Subconscious Ascension Pty Ltd, where these sites are unable to perform in whole or in part any of its obligations, Subconscious Ascension Pty Ltd shall be released of such obligation and shall not be liable in any way to the User for such inability.
Governing Law/Submission To Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws in force in the State of Queensland, Australia, without giving effect to any principles or conflicts of law. Any contract arising from the use of information from these sites and/or purchasing and acceptance of an order from these sites shall be deemed to have been made in the State of Queensland, Australia, and shall be construed according to the laws of the State of Queensland, Australia. Users of information and products/services from these sites agree that exclusive jurisdiction exists solely within the State of Queensland, Australia. If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. Any dispute between Subconscious Ascension Pty Ltd and the User shall be governed by Queensland (Australia) law and all disputes to be settled shall be subject to the jurisdiction of Queensland (Australia) courts. Subconscious Ascension Pty Ltd, at its sole discretion, reserves the right to change the place of governing law jurisdiction at any time.
Liability
Subject to any conditions, warranties and rights implied by statute which cannot by law be excluded by agreement: (a) Subconscious Ascension Pty Ltd gives no warranties, and the User has no other rights other than those, if any, expressly set out in these terms and conditions and in any express written warranties provided by Subconscious Ascension Pty Ltd to the User; and (b) all implied conditions, warranties and rights are excluded. Where any condition, warranty or right is implied by law and cannot be excluded, Subconscious Ascension Pty Ltd limits its liability to the User for breach of, or other act contrary to the implied condition, warranty or right in respect of any product/service provided by or on behalf of or under any arrangement with Subconscious Ascension Pty Ltd to the User or any other person to the extent permitted by law.
Limitations Of Liability
By using these sites, Users expressly agree that use of these sites is at the Users sole risk. These terms and conditions do not exclude, restrict or modify the application of any provisions of any Commonwealth, State or Territorial Law which cannot be excluded, restricted or modified. To the fullest extent permitted by law, Subconscious Ascension Pty Ltd shall not be liable to the User for any injury, harm, loss, damage, costs, expenses or other claim, including economic loss or loss of profits, however arising, from the provision of products/services/information or arising from any breach, default or negligence of Subconscious Ascension Pty Ltd and/or these sites and/or merchants in connection with the supply of products/services/information, and all terms, conditions, warranties and representations, expressed or implied, by statute or otherwise, are hereby expressly excluded. Subconscious Ascension Pty Ltd does not give any guarantee or warranty or make any representation of any kind relating to these sites, its contents and the products/services advertised on these sites to Users or anyone else. If Users are entitled to the benefit of any implied terms which cannot be excluded, Subconscious Ascension Pty Ltd’s liability shall be limited, at its discretion, in the case of the supply of products/services, to: (a) replacement of the product/service or the supply of an equivalent or similar product/service; or (b) payment of the cost of replacing the product/service; or (c) payment of the cost of repairing the product; or (d) in the case of services, performing the service again. Subconscious Ascension Pty Ltd makes no warranty as to the completeness or accuracy of any material or as to its merchantability or fitness for a particular purpose. Subconscious Ascension Pty Ltd is not liable or responsible: (a) for actions taken by Users, and/or any individual or group, as a result of use or interpretation of information/content and/or products/services on these sites; (b) to the User or anyone else if errors occur in the information on these sites or if information is not up-to-date, or for any loss or damage, however caused, which may be directly or indirectly suffered as a result of use of these sites; (c) in respect of any defect of any products/services arising from Users’ neglect, failure to follow product/service instructions, misuse or improper alteration or repair of the products/services; (d) for disruptions to these sites and/or merchant websites; (e) to Users or anyone else if interference with, or damage to, the Users’ computer system occurs in connection with use of these sites or an external site, and Users agree to take precautions to ensure that whatever is selected for use from these sites is free of viruses or anything else that may interfere with, or damage the operation of, their own computer systems and/or electronic devices; and (f) for any delay or failure to perform its obligations if such failure or delay is due to any cause outside of its reasonable control. Every measure has been reasonably taken to prevent internet fraud and ensure any data collected from Users is stored as securely and safely as possible, however, Subconscious Ascension Pty Ltd and these sites cannot be held liable in the extremely unlikely event of a breach in its secure computer servers. These limitations of liability apply even if Subconscious Ascension Pty Ltd has been expressly advised of the potential loss. If any of the terms and conditions are deemed to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
Exclusion Of Liability
Users expressly agree that the use of these sites is entirely at their own risk. These sites and all contents are provided on an “as is” basis, and Subconscious Ascension Pty Ltd makes no representations or warranties of any kind, whether express or implied, to the accuracy of the contents of these sites. Subconscious Ascension Pty Ltd does not warrant that these sites functions will be uninterrupted or error-free, or that these sites or its server are free from viruses or other harmful components. Subconscious Ascension Pty Ltd, its owners, directors, employees, officials, suppliers, agents and/or representatives (all parties) shall not be liable for any loss or damage, whether direct, indirect or consequential, or any expense of any nature whatsoever, which may be suffered by Users, which arises directly or indirectly from reliance of these sites and/or their contents, and Users agree to indemnify, and keep fully indemnified, all parties from and against any loss or damage suffered or liability incurred in respect of any third party, which arises from use of these sites.
Reasonableness
By using these sites, Users agree that the limitations of liability and exclusions set out in these terms and conditions are reasonable. If Users do not think they are reasonable, Users must not use these sites.
No Right Of Withdrawal
Users acknowledge and agree that, by reason of their nature, eBooks and other downloadable products/services cannot be returned.
Accuracy Of Information
Whilst every effort is made to ensure that the information provided on these sites is current and accurate, Users should not assume that this is always the case, and should consult other sources before making any decision to act on this information and/or purchase products/services from these sites. Users agree to take full responsibility for investigating whether or not a particular product/service is suitable for them and endure any consequences resulting from decisions made.
Risk
Users agree that use of any information and/or products/services on these sites is entirely at their own risk, for which Subconscious Ascension Pty Ltd and these sites shall not be liable. It shall be the Users own responsibility to ensure that any products/services or information available on these sites meet their own individual needs and/or specific requirements. It is highly recommended that Users investigate and/or seek independent professional advice about products/services/information on these sites, prior to using or purchasing such products/services/information, so that they are fully informed as to all potential risks involved. Users agree to take full responsibility for the choices they make in relation to accessing and using information and/or products/services on these sites and indemnify Subconscious Ascension Pty Ltd and these sites in relation to personal decisions made. All products despatched to the User shall be at the risk of the User from the date the products are despatched, and the User shall be liable for and responsible for insuring fully against any such risk.
Other Provisions
Should any provision of these terms and conditions become ineffective, or should a gap emerge in this documentation, the effectiveness of the remaining provisions shall remain unaffected.
Copyright
The entire content/material contained on these sites is protected by copyright. Users may use these sites for personal and non-commercial purposes only. Except to the extent permitted by relevant copyright legislation, Users must not use, copy, modify, transmit, post, reproduce, duplicate, store, publish or distribute the material or content on these sites, or create any other material using material from these sites, without the express prior written consent of Subconscious Ascension Pty Ltd and/or the copyright holder. This excludes the downloading of one copy of extracts and/or MP3 downloads and/or other downloadable products from these sites on any single computer for personal, non-commercial home use only, provided that all copyright and proprietary notices are kept intact. Modification of any of the content or use of any of the content for any purpose other than as set out herein (including without limitation on any other website or computer network) is prohibited.
Copyright License
Subconscious Ascension Pty Ltd grants Users a worldwide non-exclusive royalty-free revocable license to: (a) view these sites and the material on these sites on a computer or mobile device via a web browser; (b) copy and store these sites and material on these sites in a web browser cache memory; and (c) print pages from these sites for personal and non-commercial use. Subconscious Ascension Pty Ltd does not grant any other rights in relation to these sites or the material therein – all other rights are reserved. Users must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public information from these sites that may be construed as copyright, without prior written permission from Subconscious Ascension Pty Ltd. The automated and/or systematic collection of data (data mining) from these sites is prohibited.
Trade Marks
Trade Marks (whether registered or unregistered) and logos must not be used or modified in any way, without obtaining the prior written consent of Subconscious Ascension Pty Ltd. Any other trade mark materials, including but not limited to, product names and company names or logos cited herein or on these sites are the property of their respective owners.
Intellectual Property
The websites, products, technology and processes contained in these sites may be the subject of other intellectual property rights owned by Subconscious Ascension Pty Ltd or by third parties. No licence is granted in respect of such intellectual property rights, other than as set out in these terms and conditions. Users of these sites must not in any way infringe the intellectual property rights of any person. Users agree not to adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of these sites, or commercialize any information (including but not limited to images, text, logos, brand features, videos or sound recordings) in relation to material and/or products/services obtained from any part of these sites, without the prior written permission of Subconscious Ascension Pty Ltd. Users may not use any trade marks appearing on these sites, without the written permission of the trade mark owner. Users automatically grant Subconscious Ascension Pty Ltd an irrevocable and royalty-free global licence to use, copy, display or distribute the content of any correspondence, submission or communication from themselves to these sites. This may include public display of testimonials on these sites or using ideas or suggestions provided by Users to improve products/services/information that Subconscious Ascension Pty Ltd offers.
Cookies
These sites may use cookies, and may store cookies on your web browser, in order to improve service and enhance the experience for Users who visit these sites. By using cookies, these sites can track information about the Users/visitors use of these sites and provide customized content. Most web browsers can be configured to notify Users when a cookie is received, allowing Users to either accept or reject same. Users can control cookies through their web browser settings and other tools. If Users disable the use of cookies on their web browser or remove or reject specific cookies from these sites or linked sites, then Users may not be able to gain access to all the content and facilities of these sites. These sites may use cookies or similar technologies to assist with recognition of Users across different services, improve Users experience, increase security, measure use and effectiveness of services, and for statistical information and advertising purposes. By visiting these sites, Users consent to the placement of cookies and beacons in their browser. Please Note: Subconscious Ascension Pty Ltd will never ask for personal login details via email. Users who receive an unsolicited email asking for login details should contact Subconscious Ascension Pty Ltd immediately.
Spam
Spam refers to unsolicited, bulk or indiscriminate messages, typically sent for commercial purposes. In the unlikely event that Users receive a message from Subconscious Ascension Pty Ltd that may be considered to be spam, Users are advised to contact Subconscious Ascension Pty Ltd so the matter may be investigated. As part of our commitment to maintaining Users privacy, Subconscious Ascension Pty Ltd does not condone or encourage spam.
Security
Users of these sites are responsible for maintaining the confidentiality of their account and password information and for restricting access to their computer. Users agree to accept responsibility for all activities that occur in relation to their account and password information. These sites may only be used for lawful purposes. Activities including, but not limited to, tampering with these sites, misrepresenting the identity of a User and/or conducting fraudulent activities on these sites is prohibited. Users are prohibited from violating or attempting to violate the security of these sites. Users agree not to use any device, software or data to interfere or attempt to interfere with the proper working of these sites or any activity being conducted on these sites.
Acceptable Use of the Services
Users agree to: (a) not use any device, software or routine, to interfere or attempt to interfere with the proper working of these sites; (b) not take any action that imposes a burden or load on these sites that Subconscious Ascension Pty Ltd deems at its sole discretion to be unreasonable or disproportionate to the benefits that Subconscious Ascension Pty Ltd obtains from the Users use of these sites; (c) not use these sites to post or transmit any unlawful, illegal, fraudulent, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic, profane or harmful material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law or applicable regulation or code of conduct; (d) not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to these sites without express written consent from Subconscious Ascension Pty Ltd; (e) not use these sites to transmit or send unsolicited commercial and/or marketing communications without express written consent from Subconscious Ascension Pty Ltd; and (f) not use these sites to post or transmit any information which: (i) infringes the rights of others or violates their privacy or publicity rights; (ii) contains a virus, bug, worm, time bomb, Trojan horse, trap door or other harmful or malicious item; (iii) is used to unlawfully collude against another person in restraint or trade or competition; and/or (iv) creates any liability for Subconscious Ascension Pty Ltd in any way or causes Subconscious Ascension Pty Ltd to lose (in whole or in part) the services of their internet service providers and/or other suppliers.
Communications
All communications between Subconscious Ascension Pty Ltd and Users in relation to products/services and/or information on these sites shall be in writing.
Disputes
Any dispute between Subconscious Ascension Pty Ltd and Users (the parties), arising from the performance of the provisions of these terms and conditions, must be settled through consultation by the parties. All disputes arising in respect of the terms and conditions which are not resolved within thirty (30) days of first arising shall be finally settled via arbitration by a single arbitrator appointed in accordance with the said rules. The place of arbitration shall be Queensland, Australia, at a place to be determined by Subconscious Ascension Pty Ltd. The procedural law applicable to the arbitration will be that of Queensland, Australia. The decision of the arbitrator shall be final and binding for both parties. Subconscious Ascension Pty Ltd reserves the right to change the place of arbitration at its discretion.
Complaints Resolution Process
Users who are dissatisfied with their dealings in relation to Subconscious Ascension Pty Ltd and/or these sites must advise Subconscious Ascension Pty Ltd in writing as soon as possible via the ‘contact us’ form located on these sites. All complaints shall be reviewed and/or investigated, and Users may be asked to provide further information in relation to the complaint and/or to make an appointment for a company representative to personally consult with and/or inspect a faulty product claim. Complaints that cannot be resolved satisfactorily shall be settled by independent arbitration (refer to ‘Disputes’).
Entire Agreement
These terms and conditions constitute the entire agreement between the User and Subconscious Ascension Pty Ltd in relation to the Users use of these sites and/or purchase of Subconscious Ascension Pty Ltd’s products/services, and supersedes all prior agreements between Subconscious Ascension Pty Ltd and Users in respect of use of these sites.
Indemnity
Users agree to, to the maximum extent permitted by law, at all times and from time to time, indemnify, keep indemnified, save, defend and hold harmless, Subconscious Ascension Pty Ltd and/or these sites and its directors, affiliates, officers, agents and employees (together the “Indemnified Party”) from and against all liabilities, losses, damages, costs or expenses (including reasonable attorney fees) directly or indirectly incurred or suffered by the Indemnified Party, and from and against all actions, proceedings, claims or demands made against the Indemnified Party as a result of the Users use of these sites and/or breach of these terms and conditions or any activity related to Users accounts (including negligent or wrongful conduct) by Users or any other person accessing these sites using the Users internet account. Subconscious Ascension Pty Ltd’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between Subconscious Ascension Pty Ltd and Users, nor trade practice, shall act to modify any of these terms and conditions.
Title
Title in and to the products/services shall not pass from these sites to the User until Subconscious Ascension Pty Ltd receives payment in full for all products/services.
Assignment
Subconscious Ascension Pty Ltd may assign its rights, obligations and/or duties under these terms and conditions to any party at any time without notice to Users. Users may not transfer, sub-contract or otherwise deal with their rights and/or obligations under this agreement.
General Disclaimer
Whilst every effort is made to provide the best possible services/products and third-party links, Users agree to access and use these sites at their own risk. Subconscious Ascension shall not accept liability to Users in respect of any loss or damage (including direct, indirect, special, or consequential loss or damage) which may be suffered or incurred by Users or which may arise directly or indirectly in respect of: (a) Users use of these sites; (b) any loss arising out of Users use of, reliance on or failure to act on, any information contained on or accessed through these sites; (c) errors, mistakes or omissions on these sites; (d) products/services supplied pursuant to an order placed on these sites; and/or (e) any failure or omission on the part of Subconscious Ascension Pty Ltd to comply with its obligations as set out in the terms and conditions. This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded. All information contained on these sites, including information relating to medical and health conditions, products and services (including but not limited to testimonials, claims, products/services description, packaging and labelling) is for informational purposes only. It is not meant to be a substitute for the advice provided by Users’ own professional medical or health care provider. The information on these sites is not intended to profess any claims in regard to curing or alleviating any mind/body condition, or to diagnose or treat any health problem. If Users have any concerns about using the products/services on these sites, it is recommended they consult with their personal health physician or medical adviser. Information and statements regarding products/services on these sites are not intended to diagnose, treat, cure or prevent any dis-ease and/or condition. Any claims concerning the effectiveness of the products/services on these sites are limited to the experiences of the person making such claim via a personal testimonial.
Disclaimer Of Liability
The data and information contained on these sites is believed to be accurate, but may contain inaccuracies and typographical errors. Subconscious Ascension Pty Ltd sites are provided “as is” without any representation or warranties of any kind or condition, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, title and non-infringement. Subconscious Ascension Pty Ltd does not warranty that the functions contained within these sites will be uninterrupted or error-free, that defects will be corrected or that these sites, including general notices or the server that makes it available, are free of viruses or other harmful components. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of or use of record, whether for breach of contract, tortious behaviour, negligence or under any other cause of action. Users specifically acknowledge that Subconscious Ascension Pty Ltd is not liable for the defamatory, offensive or illegal conduct of other subscribers or third parties and that risk of injury from the foregoing rests entirely with the User, except as otherwise limited by applicable law. In no event will Subconscious Ascension Pty Ltd, or any person or entity involved in creating, producing or distributing Subconscious Ascension Pty Ltd information/products/services be liable for any damages, including without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of, or inability to use and/or understand, these sites and/or any information, products and/or services contained herein. Users hereby acknowledge that the provisions of this section shall apply to all content on these sites.
Participation Disclaimer
Users agree: (a) In the event that products/services are mistakenly listed at an incorrect price, Subconscious Ascension Pty Ltd reserves the right to refuse or cancel any orders placed for services/products listed at the incorrect price, whether or not the order has been confirmed and the Users’ credit card charged. In the event a credit card has been charged and the order has been cancelled, Subconscious Ascension Pty Ltd shall issue a credit to the Users credit card account in the amount of the incorrect price; (b) Theses terms and conditions are applicable to Users upon accessing these sites and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Subconscious Ascension Pty Ltd without notice at any time, for any reason. The provisions relating to Copyright, Trade Marks, Intellectual Property, Disclaimers, Limitation of Liability, Indemnity, Miscellaneous, and other relevant clauses, shall survive any termination; and (c) Subconscious Ascension Pty Ltd may deliver notices to Users by means of email, a general notice on these sites, or by other reliable method to the address provided by Users to Subconscious Ascension Pty Ltd and/or these sites.
Medical Disclaimer
These sites contain general information about medical conditions and treatments. The information on these sites is not advice, and should not be treated as such. Any medical information on these sites is provided “as is” without any representation or warranties, express or implied. Testimonials on these sites represent an account of personal individual experiences only, and testimonials are not to be construed as appropriate for all Users. Subconscious Ascension Pty Ltd makes no representations or warranties in relation to the medical information on these sites. Without prejudice, Subconscious Ascension Pty Ltd does not warrant that the medical information on these sites is complete, true, accurate, up-to-date, or non-misleading. Users must not rely on the information on these sites as an alternative to competent medical advice from a qualified health care professional, and any specific questions about any medical matter should be referred to same. Users should not delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on these sites. Users agree to take full responsibility for their own decisions in relation to their personal health and wellbeing. Subconscious Ascension Pty Ltd shall not accept responsibility for personal and/or medical decisions made by Users.
Download Disclaimer
Downloads available from these sites have been thoroughly checked, however, as with all internet downloads, it is strongly recommended that you run a virus checker before use. Subconscious Ascension Pty Ltd also recommends that Users have an up-to-date backup of their computer hard drive/disk. Subconscious Ascension Pty Ltd cannot accept responsibility for any disruption, damage and/or loss of data on Users computer systems that may occur whilst using these sites or any downloads from these sites. Users agree to: (a) use downloaded material for non-commercial personal use only; (b) retain all copyright, trademark and other propriety notices contained in the material; (c) not modify or alter the material; (d) not copy or post the material on any network computer or broadcast the material in any media; (e) not modify, transmit, distribute, reuse, repost, frame, or use the content of these sites, including the text, images, audio and/or video for public or commercial purposes, without written permission from Subconscious Ascension Pty Ltd.
Product/Service/Information Disclaimer
All products/services/information presented on these sites are provided on an “as is” basis and with the best intention as general information only. Users of these sites understand that they may be introduced to modalities, information and/or techniques that could be considered experimental, and Subconscious Ascension Pty Ltd does not know how Users will personally respond to a particular product, service and/or information and/or whether it will assist Users with a particular issue/problem. Due to the experimental nature of the products/services and information on these sites, and because energy healing is a relatively new healing approach, and because its effectiveness (as well as the risks and benefits associated with it) is not fully known, Users agree to assume and accept full responsibility for any and all risks associated with using these sites. Users understand that if they choose to use products/services and/or information from these sites, it is of their own free will and not subject to any outside pressure. Users further understand that, if they choose to use information and/or products/services from these sites, it is possible that emotional and/or physical sensations/symptoms and/or additional unresolved memories may surface, which could be perceived as a negative side effect. Users understand that emotional issues may continue to surface after using the products/services, indicating that other issues may need to be addressed. The information, products and/or services are not intended to diagnose, treat, cure, or prevent any disease or psychological disorder, and are not a substitute for medical or psychological treatment. Consequently, use of these sites does not replace health care from a health care professional. Users agree to consult with their health care provider for any specific medical/psychological problem. In addition, Users understand that any information, products and/or services on these sites is not to be considered a recommendation that Users stop seeing a health care professional or using prescribed medication, without first consulting with their health care professional. Stories or testimonials presented on these sites do not constitute a warranty, guarantee or prediction regarding the outcome of an individual using products, services and/or information for any particular issue. While all information, materials and/or references to any resources on these sites is given in good faith, the accuracy, validity, effectiveness, completeness or usefulness of any information on these sites cannot be guaranteed. Subconscious Ascension Pty Ltd accepts no responsibility or liability whatsoever for the use or misuse of the information and/or products/services contained on these sites. Subconscious Ascension Pty Ltd strongly advises Users to seek professional advice, as appropriate, before implementing any protocol, technique, modality and/or opinion expressed on these sites, and before making any health decision. Users agree that, by using these sites, they knowingly, voluntarily and intelligently assume any associated risks, including any adverse outcome that might result from using products/services and/or information from these sites. In this regard, Users agree to release, indemnify, hold harmless and defend Subconscious Ascension Pty Ltd and these sites, and its respective heirs, agents, consultants and employees from and against any and all claims which Users, or User representatives, may have for any loss, damage or injury of any kind or nature arising out of, or in connection with, use of these sites. If any court of law rules that any part of this disclaimer is invalid, the disclaimer stands as if those parts were stuck out.
Legal Disclaimer
These sites contain general information, as well as newsletters and other communications to Users. The information on, and/or generated from, these sites is not advice and should not be treated as such. The information on these sites is provided “as is” without any representations or warranties, express or implied, and Subconscious Ascension Pty Ltd makes no representations or warranties in relation to any information on and/or from these sites. By using newsletters and general communication information from these sites, Users accept that: (a) any information is not advice, and should not be treated as such; (b) they must not rely on the information from any communication as an alternative to legal, medical, personal and/or other advice from an appropriately qualified professional; (c) any medical condition should be attended to by a qualified medical professional; (d) medical treatment should not be discontinued because of information on these sites, in newsletters and/or general communications; (e) the use or guidance on/from these sites may not lead to any particular outcome or result; and (f) professional advice should not be delayed, disregarded, discontinued or otherwise, because of information on these sites and/or in any communication.
Exceptions
Nothing in these terms and conditions shall exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, in respect of any death or personal injury caused by negligence, fraud or fraudulent misrepresentation and/or any matter illegal or unlawful to exclude or limit.
Specific Warnings To Users
- Users must ensure that their access and use of these sites is not illegal or prohibited by laws which apply to them.
- Users must take their own precautions to ensure that the process which is employed for accessing these sites does not expose them to the risk of viruses, malicious computer code or other forms of interference which may damage their own computer system. For the removal of doubt, Subconscious Ascension Pty Ltd (and/or these sites) does not accept responsibility for any interference or damage to Users own computer system which arises in connection with Users use of these sites.
- Users acknowledge and accept that, despite all reasonable precautions on the part of these sites, there is a risk of unauthorized access to or alteration of Users’ transmissions or data or of information contained on Users computer systems or on these sites. These sites do not accept responsibility or liability of any nature for any such losses which Users may sustain as a result of such activity.
- These sites do not accept any responsibility for malfunctions to computer systems, hardware or software, or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information.
- Users must use their own discretion as to the suitability of information/products/services viewed and/or purchased on/from these sites.
Health And Medical Conditions
As a User of these sites, you acknowledge and represent that: (a) to the best of your knowledge, you suffer from no medical, physical or psychological condition or disability that will or might increase the normal risks associated with use of information and/or products/services from these sites; (b) your doctor and/or medical professional has approved your participation in accessing these sites; (c) you have informed yourself as to the suitability of the fitness for purpose in relation to accessing information and/or products/services from these sites; (d) you take full responsibility for any consequences as a result of your use of these sites; and (e) you will not use these sites if it would be unsafe, unhealthy or uncomfortable for you to do so.
No Advice
These sites contain general information about medical conditions and treatments. The information is not advice, and should not be treated as such. Subconscious Ascension Pty Ltd does not purport to provide Users of these sites with any advice in relation to any decision by Users to view, use or purchase information/products/services from these sites. Users acknowledge and agree that their use of these sites is entirely by free will, and that the information available on these sites is general advice only and does not take account of Users particular personal objectives, situation or needs. Subconscious Ascension Pty Ltd suggests that Users consider obtaining independent and/or professional advice before making a decision about using or purchasing information/products/services from these sites.
Use Of These Sites Outside Australia
These sites are administered from within Australia. Subconscious Ascension Pty Ltd does not represent that the contents of these sites are appropriate or available for use in countries outside Australia, and Users must not access these sites from countries or territories where any content on these sites might be deemed illegal or prohibited. If Users choose to access these sites from outside Australia, Users do so at their own risk and are responsible for compliance with foreign and local laws and/or regulations.
Language/Translation
Subconscious Ascension Pty Ltd may translate these terms and conditions and/or these sites into other languages for the convenience of Users in specific areas of the world. The English language version of every document and/or of these sites is the version that governs Users use of same. In the event of any conflict between the English language version and a translated version, the English language version will control.
Miscellaneous
These terms and conditions and any operating rules for Subconscious Ascension Pty Ltd established by Subconscious Ascension Pty Ltd constitute the entire agreement of the parties with respect to the subject matter herein. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of these terms and conditions is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these terms and conditions and the remaining portions of these terms and conditions shall continue in full force and effect. The failure of either party to exercise any of its rights under these terms and conditions shall not be deemed a waiver or forfeiture of such rights or any other rights provided herein. Subconscious Ascension Pty Ltd is registered in Queensland, Australia. Legal issues arising out of, but not exclusive to the use of, these sites or any related sites (unless specifically stated) are governed by and in accordance with the laws of the State of Queensland, Australia (exclusive of its rules regarding conflicts of laws). By using these sites, Users agree that any dispute or claim arising out of or in connection with these terms and conditions or the performance, breach or termination thereof, of these sites or associated sites, shall be finally settled by arbitration in Queensland, Australia. Subconscious Ascension Pty Ltd reserves the right to change the site of legal jurisdiction at its discretion at any time. No Subconscious Ascension Pty Ltd employee or agent has the authority to vary any of the terms and conditions of this Agreement. Users agree and acknowledge that, in the event that there is a change in control in, merger with, or sale of Subconscious Ascension Pty Ltd or its business to a third party, Subconscious Ascension Pty Ltd can disclose personal information or data collected from Users to the third party without giving any notice to Users. Subconscious Ascension Pty Ltd is also entitled to assign the benefits of any agreements it has with Users to the third party.
Restricted Use
Users are provided with access to these sites for their own personal and non-commercial use only. Users may not interrupt or attempt to interrupt the operation of these sites in any way, or use these sites in a manner that adversely affects the availability of its resources to others. Users may not use these sites for any illegal purpose or in any manner that is inconsistent with the terms and conditions.
Restricted Access
Access to certain areas of these sites may be restricted. Subconscious Ascension Pty Ltd reserves the right to restrict access to certain areas of these sites and/or entire websites, at Subconscious Ascension Pty Ltd’s discretion. In the event that Subconscious Ascension Pty Ltd provides the User with a username and password to enable access to restricted areas of these sites and/or other content or services, such User must ensure that the username and password is kept confidential. Subconscious Ascension Pty Ltd reserves the right to disable any username and password, at Subconscious Ascension Pty Ltd’s sole discretion, without notice and/or explanation.
Termination
These terms and conditions constitute the entire agreement between Subconscious Ascension Pty Ltd and each User, and remains effective until terminated by Subconscious Ascension Pty Ltd at any time for any reason without notice. In the event of termination, a User is no longer authorized to access these sites or feedback sources, and the restrictions imposed on such User with respect to material downloaded from these sites or feedback sources, the disclaimers and limitations of liabilities set forth in this agreement, shall survive termination.
Submitting Content
These sites may contain sections where Users can submit comments, reviews, recommendations, information and other material. Subconscious Ascension Pty Ltd is not responsible for any Users content posted on any part of these sites. Users agree that any content, recommendation or other information is viewed and used by them at their own risk. Subconscious Ascension Pty Ltd does not warrant, in any respect, the accuracy or reliability of any such information. The views expressed in Users’ submitted content are those of the individuals and are not necessarily those of Subconscious Ascension Pty Ltd. Subconscious Ascension Pty Ltd may not moderate content before it is posted, but retains the right to delete, move, edit, update or otherwise alter content in any way, at its discretion and without notice. By posting comments, reviews or materials on these sites, Users grant Subconscious Ascension Pty Ltd a non-exclusive, perpetual, royalty-free, worldwide licence to use, reproduce, modify, adapt, translate, publish, distribute and display such content in any format now or so later developed including, without limitation, on book jackets and in marketing materials. If Users do not want to grant Subconscious Ascension Pty Ltd these rights, please do not submit comments or materials to us and/or these sites. Users may only post content that is proper, appropriate and lawful.
Statement By Supplier
Unless expressly stated in these terms and conditions, no other conditions or warranties are made by Subconscious Ascension Pty Ltd to the User and any implied warranties are excluded. No warranty is made by Subconscious Ascension Pty Ltd as to the quality, fitness for purpose or merchantability of the products/services. Subconscious Ascension Pty Ltd shall not be liable in any way whatsoever to the User for any loss or damage (including consequential losses) for any breach of a condition or warranty (express or implied) or negligence or in any circumstances for any personal and/or technical advice or assistance given to the User. If liability arises for any reason whatsoever, Subconscious Ascension Pty Ltd’s liability shall be limited to: (a) a refund of the price paid by the User for the product/service or the issue of a credit note for such amount; or (b) the replacement of the product or the supply of an equivalent product; or (c) the repair of the product.
Editorial Content
Any editorial content or articles on these sites are of a general nature only and do not consider Users personal objectives, financial situation and/or particular needs. Editorial content should not be regarded as advice or relied upon by Users or any other person. Subconscious Ascension Pty Ltd recommends that Users seek professional advice before acting on the content on these sites.
Compliance With Applicable Laws
User access to these sites is governed by all applicable Australian federal, state and local laws. If the laws of the Users jurisdiction do not permit access, then Users must refrain from doing so.
Waiver
Failure by Subconscious Ascension Pty Ltd to insist upon strict performance of any of the terms and conditions hereof shall not be deemed a waiver thereof or of any rights which Subconscious Ascension Pty Ltd may have and shall not (and nor shall any express waiver) be deemed to be a waiver of any subsequent breach of any of the terms and conditions.
Unenforceable Provisions
If any provision of disclaimers on these sites is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the disclaimers on these sites.
Breaches Of Terms And Conditions
Without prejudice to Subconscious Ascension Pty Ltd’s other rights under these terms and conditions, Users who breach these terms and conditions, in any way, may be subject to Subconscious Ascension Pty Ltd taking action, as Subconscious Ascension Pty Ltd deems appropriate, to deal with the breach, including suspending User access to these sites, prohibiting the User from accessing these sites, blocking computers using the User’s IP address from accessing these sites, contacting the User’s internet service provider to request that they block User access to these sites and/or proceeding with legal action.
Variation
Subconscious Ascension Pty Ltd may revise these terms and conditions from time to time. Revised terms and conditions shall apply to the use of these sites from the date of publication of the revised terms and conditions on these sites. Users are advised to check the terms and conditions regularly to ensure they are familiar with the current version.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. If a court holds that any part of these terms and conditions is void or unenforceable then that part shall be severed from and shall not affect the continued operation of these terms and conditions.
General
Any indulgence or relaxation of these terms and conditions shall not act as a waiver of Subconscious Ascension Pty Ltd’s rights under these terms and conditions. Any variation to these terms and conditions by the User and Subconscious Ascension Pty Ltd must be agreed to in writing. These terms and conditions shall prevail in the event of any inconsistent provisions contained in any order, invoice or other agreement between the User and Subconscious Ascension Pty Ltd. These terms and conditions constitute the whole of the agreement between the User and Subconscious Ascension Pty Ltd and/or these sites, unless varied in writing in accordance with these terms and conditions.
Notices
Any notice(s) required under these terms and conditions must be in writing, addressed to our registered office or principal place of business or any other address that we notify to Users from time to time, whether on these sites or otherwise. Any notices to Users shall be sent via electronic transmission.
Contact
If you have any questions or comments about these terms and conditions, please contact Subconscious Ascension Pty Ltd via:
- Email: This email address is being protected from spambots. You need JavaScript enabled to view it.; or
- Post: Subconscious Ascension Pty Ltd, PO Box 52, Ravenshoe Queensland 4888, Australia.