Terms and Conditions
1. About the Website
(a) Welcome to kundaliniactivation.co (Website). The Website offers subscriptions, online courses, and training programs (Services).
(b) The Website is operated by Sky Rivers (ABN 18124356554). Access to and use of the Website, or any of its associated Products or Services, is provided by Sky Rivers. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, or accessing or purchasing any of the Services, this signifies that you have read, understood and agree to be bound by the Terms.
If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) Sky Rivers reserves the right to review and change any of the Terms by updating this page at her sole discretion. When Sky Rivers updates the Terms, she will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
(d) You agree that Sky Rivers may, in her sole discretion and without prior notice, modify, discontinue, or restrict the use of any portion of the Website or Services, including the availability of any features, database, or content. Sky Rivers shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or Services.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website, or by accessing or using any of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Sky Rivers in the user interface.
3. Access to Services and Registration
(a) Access requirements for Services vary:
(i) For Services such as subscriptions and online courses, you must first register for an account through the Website (Account) to gain access.
(ii) For training programs delivered via platforms like Zoom, direct website registration is not required, and access will be provided through alternative means (e.g., direct link or email invitation).
(b) If registering for an Account, as part of the registration process, or as part of your continued use of the Services requiring an Account, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Password
(iii) First and Last Name
(c) You warrant that any information you give to Sky Rivers in the course of completing the registration process (where applicable) will always be accurate, correct and up to date.
(d) Once you have completed the registration process for an Account, you will be a registered member of the Website (Member) for the use of relevant Services.
(e) You may not use the Services (whether requiring registration or not) and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with Sky Rivers; or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries, including the country in which you are resident or from which you use the Services.
4. Your Obligations Regarding the Website and Services
(a) General Obligations (Applicable to All Users of the Website and Services): As a user of the Website and/or Services, you agree to comply with the following:
(i) you will use the Services only for purposes that are permitted by these Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(ii) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by Sky Rivers;
(iii) you will not use the Services or Website for any illegal and/or unauthorised use which includes, but is not limited to, collecting email addresses of other users or Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(iv) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of your access to relevant Services. Appropriate legal action will be taken by Sky Rivers for any illegal or unauthorised use of the Website or Services; and
(v) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
(b) Member-Specific Obligations (Applicable to Registered Members Only): If you are a registered Member of the Website and have an Account, you also agree to comply with the following:
(i) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your Services;
(ii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Sky Rivers of any unauthorised use of your password or email address or any breach of security of which you have become aware; and
(iii) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Sky Rivers providing the Services.
5. Fees and Payments
(a) Sky Rivers provides access to various services, including subscriptions, online courses, and training programs (collectively, the "Services"). The fees for each Service will be clearly stated at the time of purchase or subscription (the "Service Fees").
(b) All Service Fees are processed through third-party payment gateways, specifically PayPal and/or Stripe. By purchasing or subscribing to any Service, you acknowledge and agree to be bound by the terms and conditions of PayPal and Stripe, which are available on their respective websites.
(c) Subscriptions:
(i) For our subscription-based services, you may choose between an annual subscription or a monthly subscription.
(ii) Unless you cancel your subscription in accordance with these Terms, your annual or monthly subscription will automatically renew at the end of your current subscription period. You'll be charged the applicable Subscription Fee for the next period using the payment method on file, unless you cancel your subscription before the renewal date.
(d) Online Courses and Training Programs:
(i) Online courses and training programs are typically offered for a one-off fee, as specified at the time of purchase.
(ii) Once the full Service Fee for an online course or training program has been successfully processed, you'll be granted access to the purchased content or program sessions.
(e) Changes to Service Fees: Sky Rivers reserves the right to change the Service Fees for any of her offerings at any time. We'll provide you with reasonable prior notice of any price changes. If you don't agree with a new Service Fee, you may cancel your subscription or choose not to purchase the updated Service before the new price takes effect.
(f) Failed Payments: You acknowledge and agree that if a request for any Service Fee is returned or denied for any reason by your financial institution, or is otherwise unpaid by you, you are liable for any costs incurred by Sky Rivers, including banking fees and charges, associated with the failed payment. Your access to the relevant Service may be suspended or terminated until full payment is received.
(g) Suspension or Termination of Access: Sky Rivers may, in her sole discretion and without prior notice, suspend or terminate your access to any Service if you breach these Terms, including but not limited to failure to pay the applicable Service Fee when due, or engage in any conduct that Sky Rivers believes, in her sole discretion, violates any applicable law or is harmful to the interests of Sky Rivers, its affiliates, or any third party.
6. Refund Policy
(a) Unless otherwise explicitly stated for a specific Service at the time of purchase, no refunds will be provided for subscriptions, online courses, or training programs once access to the Service has been granted or the Service has commenced. Sky Rivers will only provide you with a refund of the Service Fee in the event she is unable to continue to provide the Services or if Sky Rivers makes a decision, at her absolute discretion, that it is reasonable to do so under the circumstances (Refund).
(b) Any benefits set out in this Terms and Conditions may apply in addition to consumer's rights under the Australian Consumer Law.
7. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of Sky Rivers are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Sky Rivers or her contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Sky Rivers, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
Sky Rivers does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Sky Rivers.
(c) Sky Rivers retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
(d) You may not, without the prior written permission of Sky Rivers and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
(e) You acknowledge and agree that all content and materials available on the Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorised by Sky Rivers, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content..
(f) You agree to indemnify and hold harmless Sky Rivers from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party.
8. Privacy
Sky Rivers takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Sky Rivers' Privacy Policy, which is available on the Website.
9. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) Sky Rivers will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from her failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Sky Rivers make any express or implied representation or warranty about the Services or any products or Services (including her products or Services) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of her products; and
(iv) the Services or operation in respect to links which are provided for your convenience.
(d) Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.
10. Limitation of Liability
(a) Sky Rivers's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that Sky Rivers, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11. Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Sky Rivers. Competitors are not permitted to use or access any information or content on our Website. If you breach this provision, Sky Rivers will hold you fully responsible for any loss that she may sustain and hold you accountable for all profits that you might make from such a breach.
12. Termination of Terms and Access
(a) General Applicability: These Terms will continue to apply until terminated by either you or by Sky Rivers as set out in this clause.
(b) Termination by You:
(i) You may terminate these Terms and your use of the Services at any time by ceasing all use of the Website and Services.
(ii) If you have an active subscription, you must cancel it directly through your account settings on the Website, in accordance with the procedures outlined in clause 5(c) (Fees and Payments).
(iii) For all other Services accessed via an Account, your Account may be considered inactive upon cessation of use. If you wish to formally close your Account or request the deletion of your personal data, you should refer to Sky Rivers' Privacy Policy for the relevant process.
(c) Termination by Sky Rivers: Sky Rivers may, at her sole discretion, suspend or terminate your access to the Website and/or Services, or terminate these Terms with you, if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Sky Rivers is required to do so by law; or
(iii) the provision of the Services to you by Sky Rivers is, in her opinion, no longer commercially viable.
(d) Consequences of Termination: Upon termination of these Terms or your access to the Services for any reason:
(i) All rights and licenses granted to you under these Terms will immediately cease.
(ii) If you are a registered Member, your membership and Account will be cancelled.
(iii) You must immediately cease all use of the Website and Services.
(iv) Any Service Fees already paid are non-refundable, as per Clause 6 (Refund Policy), unless termination is due to Sky Rivers being unable to provide the Services as described in Clause 6(a).
(e) Survival: Clauses 6 (Refund Policy), 7 (Copyright and Intellectual Property), 8 (Privacy), 9 (General Disclaimer), 10 (Limitation of liability), 11 (Competitors), 13 (Indemnity), 14 (Dispute Resolution), 15 (Venue and Jurisdiction), 16 (Governing Law), and 17 (Severance) will survive the termination of these Terms.
13. Indemnity
You agree to indemnify Sky Rivers, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
14. Dispute Resolution
14.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
14.2. Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
14.3. Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
(a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Sydney, Australia.
14.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
14.5. Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
15. Venue and Jurisdiction
The Services offered by Sky Rivers is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
16. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
17. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.