Privacy Policy

This is important information We would like to share with You, and We encourage You to take some time to read through this page to familiarise Yourself with how We use the details You give to us. This Policy is part of Our terms of use and by entering Our Website You agree to be bound by Our Terms and Conditions.

Our Privacy Policy is all about how We collect, use and store Your personal information being all the things We know about You. Your information is of the utmost importance to us and it is Our philosophy to be honest and transparent about how We handle it.

This Policy may change from time to time and the latest version will always appear on Our Website. By continuing to use Our Website, You automatically agree to all updated versions. If We make material changes to this Policy, We will notify You here, by email, or by means of a notice on Our home page. Your continued use of the Site after We post a revised Policy constitutes Your acceptance of the new Policy and its terms.

Why We collect personal information

We are no ordinary organisation. We care about Your wellbeing. We aim to collect and use Your personal information in ways that provide life changing transformative products and services to You.

Other reasons We collect personal information are to:

  • understand You, and how We can meet Your needs now and in the future;
  • develop and evaluate products;
  • focus Our advertising with more relevance to You;
  • best manage Our business; and
  • comply with Our legal obligations.

What We collect

We will not automatically collect Your personal information when You simply visit the Site although Our servers may record certain information automatically. Your personal data including Your e‑mail address and other personally identifiable data when visiting the Site will only be collected by Us if and when submitted by You. We will not sell or provide Your personal information to third parties. We may use Your personal data to communicate with You where You have provided us with this for specific purposes. You can ‘unsubscribe’ at any time to such notices.  Details of how You do this are set out in each notice.

If You post any personal data in chat areas or notice boards, then it is in the ‘public domain’ and will be collectible and useable by any party and may result in unsolicited messages from other parties and this is out of Our control. We are not responsible for any personal data You choose to submit in these forums. If You provide to us directly, or You choose to post on the portions of the Site that are viewable by others, any comments, ideas, or suggestions that are accompanied by Your name (which is personal data) We may use Your comments, ideas, and suggestions, and Your name, for Our marketing purposes without compensation or acknowledgment of any kind.

Links to and from other sites

This Policy applies only to information collected by the Site.  The Site may contain links to and content from other third party Websites which may collect Your Website usage information and information that identifies the computer or device You are using. We are not responsible for the privacy practices or the content of non-affiliated Websites as they are not under Our control and We are not responsible for the content or transmission of any such linked sites. We do not endorse any link made available through the Site that is a non-affiliated Website. We encourage You to read the privacy policies of each and every Website visited when linking directly from the Site.

Cookies

Cookies are small files that Web sites transfer to Your hard disk. They can do things like tell the Site what pages You visit, and Your preferences, so that You can receive a more personalized service. You can set Your browser to refuse cookies, or to warn You before accepting them.  Our Site pages may place a “cookie” in Your browser files. These do not contain any personal information. No cookies are used for any sites specifically designed for and aimed at children under 18 years of age.

Advertising

We may use Your personal information to send You advertising that is customised or more relevant to Your interests, characteristics or general location. This doesn’t necessarily mean You’ll get more advertising. It just means that the advertising that You see will hopefully be more relevant to You.

The Site may use third parties to serve advertisements on the Site or third party analytics service providers to evaluate and provide us with information about the use of the Site and viewing of Our content. These third parties may set and access their own cookies, Web beacons and other tracking technologies on the device You use to access the Site and track certain information regarding users of Your device through a device identifier. These third party cookies, Web beacons and other tracking technologies are set to, among other things: help deliver advertisements to You that You might be interested in; prevent You from seeing the same advertisements too many times; and understand the usefulness to You of the advertisements that have been delivered to You. Any images (or any other parts of a Web page) delivered by third parties in association with third party cookies may serve as Web beacons, which enable third parties to carry out the previously described activities. Third party cookies and Web beacons are governed by each third party’s specific privacy policy, not this one.

Updating personal information

We aim to do Our best to keep the personal information We hold about You accurate, up-to-date and complete. If You think Our records need to be corrected, please contact Us.

Under 18

We advise that any persons who are responsible for children under 18 years of age should supervise their children’s online activities and may consider the use of control tools available from online services and software manufacturers that help provide a children-friendly online environment. These tools can also prevent children from disclosing online any personal information without parental or carer permission. 

USAGE INFORMATION ABOUT YOU

If You are a member or user, when You access this Site You may obtain access to features that contain personal information, such as e-mail. Additionally, We may specifically ask for information about You when You sign up to use Our services to allow us to provide services or content to You. We may also use that information to let You know of additional products and services about which You might be interested. You can opt out of receiving such information when You sign up for any product or service.

We will not use or disclose information about Your individual visits to or usage of this Site or personal information personal that You may give us to any outside companies. We may share such information in response to a legal process, such as a court order or subpoena, or in special cases such as a physical threat to You or others.

We will take reasonable steps to protect Your personal information. We accept no liability for any unauthorised access to this information.

Public information

If You engage in social networking through the Site, such as creating a public profile, sharing Your own content, and inviting others to connect with You, then this information is in the public domain and as such is out of Our control. This Policy does not apply to any such information and We are not responsible for the accuracy, use or misuse of any content or information that You disclose or receive through the Site.

Storage and transfer of data

The Site is operated in Australia and all information We collect will be transferred to, processed, and stored in Australia in accordance with the data protection laws in Australia which may differ from the country You are located in. Any information You provide to us or We obtain as a result of Your use of the Site that is shared with Our affiliates or vendors may be transferred to, processed, and stored at locations outside of Australia and will be subject to applicable privacy laws in the country in which such affiliates or vendors are located. By using or providing Your information to the Site You consent to the collection, transfer, storage and processing of Your information in this manner.

Contests and promotions

We may offer contests, and other promotions (Promotions) through the Site that may require registration. By participating in a Promotion, You agree to the terms, conditions or official rules that govern that Promotion, which may contain specific requirements of You, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use Your name, voice and/or likeness in advertising or marketing associated with the Promotion. If You choose to enter a Promotion, Your personal data may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.

Agents and Service Providers

We may use a credit card processing company when necessary to bill for products and services. We may use other third parties to provide shopping services, and to assist with providing a community environment/social network, on Our Site. When You sign up for Our services We will share Your personal data that is necessary for the third party to provide those services. These third parties are prohibited from using Your personal data for any other purpose.

Getting in touch

We recognise that Your personal information is important to You, so please let us know if You have any questions or concerns about this policy or Our practices. If You have any questions about this policy, please contact us at the email address or telephone number listed below.

Jyotishakti & Vidya

PO BOX 1107, Christies Beach North SA 5165, Australia
info@jyotishaktividya.com
T: 0401744715

Last published: 10th January 2018

Terms & Conditions of Use

Namaste and welcome to the website of Jyotishakti & Vidya

Legal Agreement. These Site terms and conditions, our Privacy Policy and any documents referred to in the terms comprise the terms of a legally binding agreement (“Agreement”) between Jyotishakti & Vidya (“We”, Us” or “Our”) and all users of the Sites, whether directly or indirectly (“You” “Your”).

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

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

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

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

Entire agreement. This Agreement comprises the entire agreement between You and Us in respect to its subject matter and supersedes all prior agreements or understandings whether oral or in writing.

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

If You have any concerns about any material appearing on the Site, please contact Us immediately.

PROPRIETARY RIGHTS

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

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

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

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

Registered Users

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

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

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

Legal Disclaimer

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

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

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

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

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

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

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

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

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

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

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

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

RESEARCH AND EVALUATION

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

MISUSE

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

USER GENERATED CONTENT

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

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

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

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

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

WARRANTIES AND INDEMNITY

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

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

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

Notices and Electronic Communications

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

Date last modified: 14th September 2016

Terms & Conditions of Purchase

ORDERS & DELIVERY

  • All orders placed through this Site are subject to Our confirmation and acceptance.
  • We may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to You. If We request payment for increased prices, You may cancel the order by giving notice to Us, which must be received within seven days of the announcement of the increase.
  • At order confirmation, all aspects of the delivery, currency and payment arrangements are finalised and cannot be changed. Please check order details carefully prior to confirmation.

DIGITAL MEDIA DOWNLOADS

  • Please be aware that Your downloads will expire after 30 days.  Please be sure to download Your files before this time has passed.
  • For media files (i.e. music, video or data files), your purchase grants you the following rights:
    1. ONE copy of the media file stored on a single hard drive for the purpose of back-up.
    2. Reproduce the media file in ONE other format for personal use (i.e portable media device, CD or MD).
    3. 3 attempts to download the purchased product. It is Your responsibility to ensure You have the necessary facilities (including without limitation, compatibility, bandwidth, memory, Internet connection and capacity) to download items purchased.
  • The following rights are NOT granted to You:
    1. Reproduce further copies of the media file in whole or in part.
    2. Translate, enhance, modify, alter or adapt the media file in any way or for any purpose.
    3. Cause or permit any third party to translate, enhance, modify, alter or adapt the media file in any way or for any purpose.
    4. Sub-license, lease, lend, sell, rent, distribute or grant others any rights, or provide copies of the media file to others.

RETURNS & REFUNDS

  • Downloadable items will not be refunded, unless the file is considered defective in our sole discretion.

PRICES & PAYMENT

  • For each online order, You must pay:
  • the applicable price for the relevant goods confirmed by Us; and
  • We can only accept payments using the methods stated in the shopping cart section of this Site.

YOUR ACCOUNT

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

PRIVACY

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

LIABILITY

  • Our liability in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at Our election is limited to:
    • in relation to goods, the replacement of the goods or the supply of equivalent goods; and
    • in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.

CHANGES TO TERMS

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

APPLICABLE LAW

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

Date last modified: 14th September 2016

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