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Legal
Read the policies and terms that govern Being Shiva Foundation (Being Shiva Inc) services, products, websites, workshops, retreats, courses and more.
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PRMOTIONAL RELEASE AGREEMENTPromotional Release Agreement is essential for obtaining permission to use promotional materials related to the podcast. It's crucial to ensure compliance with Australian laws and regulations for charities. Promotional Release Agreement Being Shiva Foundation Melbourne, Australia Party 1: Being Shiva Foundation Melbourne, Australia Party 2: Guest (Interviewee) Guest's details as received via the Media Legal Form submission https://www.beingshiva.org/medialegal This Promotional Release Form ("Agreement") is entered into on [Date received via Media Legal Form submission] between Being Shiva Foundation ("Organization") and the signed guest ("Interviewee") for the purpose of obtaining permission to use promotional materials related to the podcast hosted by Being Shiva Foundation. 1. Grant of Permission The Interviewee grants the Organization permission to use their likeness, voice, name, image, and any promotional materials provided by them for the purpose of promoting the podcast episode and related activities. 2. Scope of Use The Organization may use the promotional materials in various formats, including but not limited to social media, websites, email newsletters, and other promotional materials associated with Being Shiva Foundation. 3. Non-Commercial Use The Organization agrees to use the promotional materials for non-commercial purposes only, and the Interviewee retains the right to use their promotional materials for their own personal or professional purposes. 4. Duration of Permission This permission is effective indefinitely from the date of signing and applies to all uses described herein. 5. No Compensation The Interviewee acknowledges that they are not entitled to any compensation for the use of their promotional materials. Participation in the podcast and the granting of this permission are voluntary. 6. Right to Modify The Organization has the right to edit, modify, adapt, or otherwise alter the promotional materials at its discretion. 7. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. 8. Miscellaneous Any amendments to this Agreement must be made in writing and signed by both parties. This Agreement represents the entire understanding between the parties. Organization - Being Shiva Foundation Interviewee - Guest
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INTERVIEW AGREEMENTInterview Agreement is an important step to ensure clarity and understanding between parties. Interview Agreement Being Shiva Foundation Melbourne, Australia Party 1: Being Shiva Foundation Melbourne, Australia Party 2: Guest (Interviewee) Guest's Full Legal Name and contact information as submitted through the "Media Legal" Form. https://www.beingshiva.org/medialegal This Interview Agreement ("Agreement") is entered into on [Submission Date of the Media Legal Form] between Being Shiva Foundation ("Organization") and the undersigned guest ("Interviewee") for the purpose of conducting an interview for the podcast hosted by Being Shiva Foundation. 1. Interview Details These are provided to you through email. 2. Purpose of the Interview The interview will cover topics related to Dharmic Consciousness, Dharma and more as described by Being Shiva Foundation through email. 3. Rights and Responsibilities The Organization has the right to record, edit, and distribute the interview in various formats, including but not limited to audio and video recordings, transcripts, and promotional materials. The Interviewee agrees to participate willingly and to provide honest and accurate information during the interview. 4. Use of Interview Content The Organization may use the interview content for podcasting, promotional activities, social media, and other platforms associated with Being Shiva Foundation. 5. Confidentiality Both parties agree to handle any sensitive or confidential information shared during the interview with care and not to disclose such information without permission. 6. Compensation: The Interviewee acknowledges that they are participating voluntarily and will not receive financial compensation for their participation. 7. Release Forms The Interviewee agrees to sign any necessary release forms, including but not limited to a Guest Release Form and Content License Agreement. 8. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. 9. Termination Either party may terminate the interview at any time for any reason. 10. Miscellaneous Any amendments to this Agreement must be made in writing and signed by both parties. This Agreement represents the entire understanding between the parties. Organization - Being Shiva Foundation Interviewee - Guest - Name/Details as per the submission through Media Legal Form
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INDEMNITY AGREEMENTIndemnity Agreement is an important step to define the responsibilities and liabilities of both parties involved. Indemnity Agreement Being Shiva Foundation Melbourne, Australia Party 1: Being Shiva Foundation Melbourne, Australia Party 2: Guest (Interviewee) Guest's details as received by the Media Legal Form submission https://www.beingshiva.org/medialegal This Indemnity Agreement ("Agreement") is entered into on [Date received via Media Legal form submission] between Being Shiva Foundation ("Organization") and the undersigned guest ("Interviewee") for the purpose of conducting an interview for the podcast hosted by Being Shiva Foundation. 1. Release and Indemnification The Interviewee releases and discharges the Organization from any and all claims, liabilities, damages, costs, or expenses arising from or in connection with the podcast interview, including but not limited to the use of content, promotional activities, and any related matters. 2. Assumption of Risk The Interviewee acknowledges and assumes all risks associated with participating in the podcast interview, including but not limited to risks related to the use of their likeness, voice, and content. 3. Compliance with Laws The Interviewee agrees to comply with all applicable laws, including but not limited to privacy laws, during the podcast interview. The Interviewee is responsible for obtaining any necessary permissions or clearances for the content they provide. 4. Confidentiality The Interviewee agrees to maintain the confidentiality of any sensitive or confidential information shared during the podcast interview and to indemnify the Organization for any breach of this obligation. 5. No Guarantees The Organization makes no guarantees or warranties regarding the podcast interview, including the success or outcome of the podcast episode or the use of content. 6. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. 7. Miscellaneous Any amendments to this Agreement must be made in writing and signed by both parties. This Agreement represents the entire understanding between the parties. Organization - Being Shiva Foundation Interviewee - Guest
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PRIVACY & CONFIDENTIALITY AGREEMENTPrivacy and Confidentiality Agreement is crucial to protect sensitive information shared during the podcast interview. Privacy and Confidentiality Agreement Being Shiva Foundation Melbourne, Australia Party 1: Being Shiva Foundation Melbourne, Australia Party 2: Guest (Interviewee) Guests details as submitted through the Media Legal Form https://www.beingshiva.org/medialegal This Privacy and Confidentiality Agreement ("Agreement") is entered into on date of submission of the Media Legal form between Being Shiva Foundation ("Organization") and the signed guest ("Interviewee") for the purpose of conducting an interview for the podcast hosted by Being Shiva Foundation. 1. Confidential Information "Confidential Information" refers to any non-public information disclosed by either party during the podcast interview that is not generally known to the public. 2. Obligations Both parties agree to keep all Confidential Information strictly confidential and not to disclose, reproduce, or use such information for any purpose other than the podcast interview. 3. Exclusions The obligations of confidentiality do not apply to information that is publicly available, known to the receiving party before the disclosure, or rightfully obtained from a third party without restriction. 4. Purpose of Use Confidential Information will only be used for the purpose of the podcast interview and related activities, as agreed upon by both parties. 5. Duration of Confidentiality The obligations of confidentiality shall continue indefinitely from the date of the podcast interview. 6. Privacy The Organization agrees to handle any personal information in accordance with applicable privacy laws and regulations. Personal information will be collected, used, and disclosed only for the purposes disclosed to the Interviewee. 7. Release Forms The Interviewee agrees to sign any necessary release forms, including but not limited to a Guest Release Form and Content License Agreement. 8. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. 9. Termination Either party may terminate this Agreement by providing written notice to the other party. 10. Miscellaneous Any amendments to this Agreement must be made in writing and signed by both parties. This Agreement represents the entire understanding between the parties. Organization - Being Shiva Foundation Interviewee - Guest
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CONTENT LICENSE AGREEMENTContent License Agreement is a legal task to ensure compliance with Australian laws and regulations for charities. Being Shiva Foundation Melbourne, Australia This Content License Agreement ("Agreement") is entered into onto the date signed by the the media submitter , podcasts guest, interviewee & others alike and between Being Shiva Foundation ("Licensor") and the undersigned guest ("Licensee") for the purpose of granting a license to use certain content. 1. Grant of License: The Licensor grants the Licensee a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, publicly display, and publicly perform the content provided by the Licensor during the podcast interview. 2. Scope of License: The license includes, but is not limited to, audio recordings, video recordings, photographs, and any other content related to the podcast interview. 3. Use of Content: The Licensee may use the content for podcasting, promotional activities, and any other activities associated with Being Shiva Foundation. 4. Duration of License: This license is effective indefinitely from the date of signing and applies to all uses described herein & other usages as deemed appropriate by Being Shiva Foundation. 5. Right to Modify: The Licensee has the right to edit, modify, adapt, or otherwise alter the content at its discretion. 6. Confidentiality: The Licensee agrees to handle any sensitive or confidential information shared during the podcast with care and to obtain permission before disclosing such information. 7. Compensation: The Licensor understands and agrees that they are not entitled to any compensation for the use of the content. Participation in the podcast and the granting of this license are voluntary. 8. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. 9. Termination: License is of indefinite period and hence cannot be terminated unless required by law for some lawful purposes. Please provide a notice in writing and provide 90 days or more to Being Shiva Foundation for removing the content. 10. Miscellaneous: - Any amendments to this Agreement must be made in writing and signed by both parties. - This Agreement represents the entire understanding between the parties. Licensor - Being Shiva Foundation Licensee - Guest Email - BeingShivaFoundation@outlook.com
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PODCASTS | INTERVIEW | MEDIA RELEASE1. Release of Rights: I hereby grant Being Shiva Foundation the irrevocable and unrestricted right to use and publish materials containing my persona, voice, and content, for podcasting and related promotional purposes. Explanation - This indicates that the individual is providing explicit consent to the Being Shiva Foundation to utilise their persona, voice, and any associated content in various media formats like Audio & Video Podcasts, Shorts/Reels for YouTube, Posts, andArticles for all social media platforms, Website Content, Blogs & other forms of dissemination. This grant of rights is characterised as "irrevocable," meaning it cannot be revoked or withdrawn once given, and "unrestricted," implying that the Foundation has complete freedom to utilise the provided materials without limitations or constraints. This is required as Being Shiva Foundation's team puts in a significant amount of work in researching the individuals/podcast guests their work, managing schedules, recording the podcasts, editing, reviewing, and designing lots of creative artwork for publishing. It takes a lot of effort, and a Production Cost is attached to this work. Hence, after putting in all this effort, Being Shiva Foundation must be able to publish the Podcast. Suppose the individual/podcast guest wants to revoke the right to publish after all the effort. In that case, the production costs in "Australian Dollars" must be paid by the podcast guest/individual, and an invoice will be provided. 2. Use of Content: Being Shiva Foundation may use the recordings, images, or content in any media format, including but not limited to podcasts, websites, social media, promotional materials, and other platforms associated with Being Shiva Foundation. Explanation - The statement confirms that the Being Shiva Foundation is granted permission to utilise the recordings, images, or content in various media formats. This includes, but is not restricted to, podcasts, websites, social media platforms, promotional materials, and other platforms associated with the Foundation's activities. This grant of permission empowers the Foundation to disseminate and utilise the provided materials across multiple channels and platforms, providing a wide range of opportunities for the Foundation's promotional and informational purposes. 3. No Compensation: I understand that I am not entitled to any compensation for the use of my persona, voice, or content. This release is voluntary, and I participate in the podcast voluntarily. Explanation - This statement acknowledges that the individual understands and accepts that they will not receive any compensation for the use of their persona, voice, or content. It emphasises that the decision to participate in the podcast and provide consent for the use of their materials is voluntary. By agreeing to this release, the individual acknowledges that they are participating in the podcast voluntarily, without expecting any form of financial remuneration. 4. Duration of Release: This release is effective indefinitely from the date of signing and applies to all uses described herein. Explanation - This statement indicates that the release remains in effect indefinitely from the date it is signed. It applies to all uses outlined in the document, encompassing any future utilisation of the individual's materials as described in the agreement. In essence, the release continues to govern the use of the individual's materials for an indefinite duration, covering all specified purposes outlined in the document. 5. Right to Modify: Being Shiva Foundation has the right to edit, modify, adapt, or otherwise alter the recordings, images, or content at its discretion. Explanation - This statement grants Being Shiva Foundation the authority to edit, modify, adapt, or alter the recordings, images, or content as deemed appropriate by the organisation. This discretionary right allows the Foundation to change the materials as needed to fulfil its objectives or meet specific requirements. This allows the Being Shiva Foundation to create Shorts, Reels, Posts, Audio & Video Podcasts, excerpts, Articles, Website Content and other publishing material using the full-length podcast. This also allows the Being Shiva Foundation to edit and remove the parts where guests may use inappropriate language or words, which, if published, will harm the goodwill of the Being Shiva Foundation. This also allows Being Shiva Foundation to edit & remove the private/personal details revealed during recordings. 6. Confidentiality: I understand that any sensitive or confidential information shared during the podcast should be discussed with caution, and I am solely responsible for such disclosures. Explanation - This statement acknowledges that the individual understands the importance of caution when discussing sensitive or confidential information during the podcast. It emphasises that the individual is responsible for disclosing such information at their own risk during the recording. At times, podcast guests are talking in flow and may reveal some information that may not be better for them to be published on YouTube & other Social Media platforms. Individuals/Podcast Guests must be aware that they are speaking in front of the public and should refrain from cursing or using abusive language and language that sounds discriminatory in any sense or may incite or cause public upheaval in any manner. Whatever harm of goodwill or physical or mental/emotional, financial kind incurred due to this will be the sole responsibility of the individual/Podcast Guest and Being Shiva Foundation cannot be held liable and responsible for it. 7. Waiver of Claims: I hereby waive any right to inspect or approve the finished recordings, images, or content or any written copy that may be used in connection with them. Explanation - This statement signifies that the individual relinquishes any entitlement to review or authorise the final versions of the recordings, images, or content and any accompanying written material associated with them. By waiving this right, the individual acknowledges that they will not have the opportunity to inspect or approve the finished products before they are used or published. This keeps the "production work", "creative work", and related decisions at Being Shiva Foundation's side, and the Foundation's team doesn't have to wait for review and approvals again and again on every edit, as this is a lengthy, time-consuming process and will disturb the Publishing Schedules. Also, the individuals/podcast guests may need to be more professional/tech-savvy enough to review and make such decisions promptly, which is not always possible. Hence, the entire review & edit, & Publishing is managed by Being Shiva Foundation without involving the individual/podcast guest. 8. Governing Law: This release shall be governed by and construed in accordance with the laws of the state of Victoria, Australia. I acknowledge that I have read and fully understand the terms of this release. I voluntarily agree to the terms and sign this release form of my own free will.
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Waiver and SeverabilityOur failure to enforce any provision of these Terms and Conditions or respond to a breach by you or others shall not constitute a waiver of our right to enforce any provision of these Terms and Conditions as to that breach or any other. If any provision of these Terms and Conditions is determined by a court or other competent authority to be unlawful, void or for any reason unenforceable, then 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.
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Bookings and PaymentsWe must receive payment of the whole price for the Event that you are booking before your order can be processed. Payment of the advertised price will be taken at the point of booking. Early bird prices will only be applied if payment is received in full by the date specified. We make every effort to ensure Event pricing and details are correct but we reserve the right to correct genuine errors. We will not process any bookings in the case of errors or inaccuracies regarding the Event (including the advertised price) appearing on the website. If an error or inaccuracy is discovered with regards to the advertised price of the Event that you are booking, we will contact you as soon as possible by email and reserve the right to cancel your booking. Our currency is Australian Dollar. Price shown in other currencies like Euro is suggestive only at the time of the website construction and should not be considered conclusive, final as International exchange rate goes up and down any time. Our price in Australian Dollars is fixed but is subject to change without notice. It is your responsibility to keep yourself informed by visiting the website from time to time or enquiring with us through other means. While making the payment your bank and/or credit/debit card bank, merchant or financial institution may charge you an extra fees for transactions and/or currency conversion. Any extra expenditure arising due to that is your responsibility only. We reserve the right to cancel bookings for any reason, including (without limitation) where we believe the booking is fraudulent or constitutes a misuse of a promotional/marketing activity or where an error has occurred, including but not limited to errors relating to pricing. If we do cancel your booking, we accept no liability for any resulting damages or costs suffered by you, however we will refund the purchase price paid by you.
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Cancellation Policy - RetreatsIf you’re unable to attend a Retreat (either residential or non-residential), a substitute participant may attend in your place, provided that: If the substitute participant requires different accommodation to the original booking, their attendance will be subject to accommodation availability and any additional accommodation costs or considerations. If the substitute participant chooses to attend on a non-residential basis, the refund of your pre-paid accommodation costs will be subject to the cancellation policy below. You must email us to request a substitute transfer, providing the name, contact details and accommodation requirements of the new participant. We will then confirm whether we are able to permit your request, and on what conditions. If you need to cancel your booking for any reason, the following cancellation policy applies: Cancellation requests must be made to us in writing by email. If you cancel 31 days or more before the date of the Event your full payment minus 25% will be refunded. If you cancel from 30 days to 15 days before the date of the Event your full payment minus 75% will be refunded. If you cancel 14 days or less before the date of the Event your full payment is non-refundable. The above days are calendar days, not including the day on which the course starts.
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Limitation of LiabilityYou are responsible for all personal possessions such as bags, electronic devices and other items you bring to an Event. We will not be liable for any loss, damage, personal injury, cost, expense (including legal costs) or liability of any kind (whether based on breach of contract, tort (including negligence), product liability or otherwise), arising out of or in any way connected with attendance at, or inability to attend, an Event. This includes, without limitation, any compensatory, incidental, direct, indirect, special, punitive, exemplary or consequential damages, loss of data, loss of income or profit, loss of or damage to property, loss or denial of service, business interruption, claims of third parties or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses. We will not be liable for any loss, damage or injury to the extent arising from your negligent acts or omissions, any pre-existing medical condition, your breach of these Terms and Conditions, or your reliance on reviews and opinions about Events. You must make your own inquiries before deciding whether an Event is suitable.
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Exercise, Activities, Yoga, Nature Walks, Yagnas or other physical activitiesYou acknowledge that all exercise involves a risk of personal injury, including a small risk of serious injury or death, and you agree to take full responsibility for your health and well-being in relation to our Events. If you wish to participate in exercise activities at the Event, you acknowledge and represent that: to the best of your knowledge, you suffer from no medical or physical condition or disability that will or might increase the normal risks associated with exercise; or your doctor has approved your participation in exercise activities at our Events. if you are over 70 years old, you must obtain your doctor’s approval before participating in exercise activities at our Events. You must inform us as soon as possible if: you suffer from any new injury, illness or other medical condition at an Event; you feel any pain or discomfort during an exercise activity; or you feel that any exercise included at our Event would be unsafe or uncomfortable for you. We may in our sole discretion prohibit you from participating in an exercise activity and you must comply with all of our instructions in relation to our exercise activities.
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Refusal of admission in certain circumstancesWe may refuse entry to an Event or have you removed from the venue on valid grounds, including if: you fail to comply with these Event Booking Terms and Conditions; we have not received payment for your ticket or you are unable to produce a ticket; you are intoxicated or you behave in a threatening, disruptive or offensive manner; you interfere unreasonably with another visitor’s enjoyment of the Event or venue or with our staff (including volunteers) carrying out their functions; or as specified elsewhere in these Event Booking Terms and Conditions.
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Physical, Mental, Emotional, Social Care and Aged Care needsWe will, as far as is reasonably practical, provide Events that are accessible to all. We understand that students who have particular physical, mental or social care needs, may require additional support during an Event. When booking to attend an Event, you agree to inform us of the type and level of need you (or those you are making a booking for) may have. If there is a significant need, you must contact our Event Booking Manager prior to making a booking. We cannot provide help that would normally be provided by a qualified or trained person. Our Events are not a substitute for professional Health Care that an individual may need or be receiving, and we do not claim to diagnose or cure any condition of mind, body or spirit. Our Events can support wellbeing for mind, body and spirit in a way that is needed, alongside any professional Health Care. The Events can only be used as a complement to professional Health Care, or as an aid to personal relaxation or stress reduction. An individual’s attendance at an Event should not under any circumstances be used as a justification to alter or replace the service, treatment, medication or advice provided by a Health Care professional. Events are only appropriate for those who are willing to take full responsibility for their own (and in the case of parents/guardians, their child’s) inner wellbeing, be it emotionally, intellectually and or spiritually. If you are not able to take full responsibility in this regard, you are not permitted to attend the Event. We cannot safely deal with or manage people in crisis. If you develop an acute condition during an event, your care is primarily your own responsibility and, where relevant, the responsibility of your next of kin and external professionals and services. In some situations we may provide Pastoral Care, however we have limited resources so you must not assume that you will be able to receive Pastoral Care at one of our Events. If you have certain conditions, or it appears that you are moving to such a condition, then we will refer you to your next of kin, external professionals such as a GP, or other services, and we may require you to leave the Event. These conditions include, but are not limited to: A condition requiring help which would normally be provided by a qualified or trained person. An emotional or nervous condition that creates a significant disturbance for other Event attendees, particularly where alcohol or substance misuse is present, or where there is impulsivity. A condition which inflicts verbal abuse on others. A condition where there is a real risk of assault to others, physically or sexually. In the case of a medical or psychiatric emergency we will contact emergency services and your next of kin. You must ensure the next of kin details you provide us are accurate.
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Other Terms and ConditionsBy using our website you are agreeing to our Website Usage Terms and Conditions and our Privacy Policy.
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Photographs, Recordings & PrivacyYou are not permitted to use audio and video recorders at the Event. We reserve all multimedia rights. In relation to any Event, we reserve the right to record (in photograph, video and/or audio format), broadcast, live stream and/or telecast an Event and/or include footage of the Event on our websites, our social media platforms, and/or in a film or documentary. You consent to the use of any image or recording taken of you, and anyone for whom you are responsible, while at the Event, without any payment or compensation being offered and without any request being made to you. We are not obliged to use, broadcast or provide to you any such recording. Please note that for security reasons closed circuit television (CCTV) cameras are used at some of our event locations. Our Privacy Policy sets out information about how we handle personal information, and by attending an Event you are agreeing to the terms of our Privacy Policy.
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Definitions“Days” means calendar days. “Event” means one of our events that you are booking for yourself or someone else, and includes (without limitation) Satsang, darshan, initiation, transmission, workshop, courses, classes, retreats and free public events. “Health Care” means care from a practitioner holding a recognised license or registration to practice medical, physical, psychiatric or psychological treatment or therapy, and includes, but is not limited to, western/orthodox modalities of care. “Pastoral Care” means befriending and offering limited common-sense help, provided by a volunteer with no special training, and without creating a professional/client relationship. An example of pastoral care may be to provide a quiet space for a person, and offer a listening ear for a short time. “Website” means the websites with the URLs www.piousretreats.com, www.beingshiva.org, www.yogiparampara.org, www.beingshivagurukul.com and www.anadilinga.org which are owned, operated and provided by Being Shiva Foundation (Being Shiva Inc). “We”, “us”, “our” etc. means Being Shiva Foundation (ABN - 25869328938), whose registered office is at the 56 Carlyon Cl Melton West 3337 VIC Australia, and includes any subsidiaries, affiliates, employees, volunteers, officers, agents or assigns. “You” or “Your” means the person acquiring a ticket or seeking to attend an Event
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Application of these Terms and ConditionsThe booking and purchase of tickets for an Event, and attendance at an Event, are subject to these Event Booking Terms and Conditions as well as any specific terms and conditions notified in the ticket booking process. By acquiring a ticket for an Event and/or seeking to attend an Event, you agree to accept these Event Booking Terms and Conditions. By purchasing a ticket on behalf of someone else, you undertake to inform them of these Terms and Conditions and any other terms and conditions notified in the ticket booking process.
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Shakti Initiation Deeksha or Healing TransmissionIn relation to an Event where the Healing Transmission or Shakti Initiation is offered, you agree to accept our Workshop Terms and Conditions. If you do not agree to accept our Workshop Terms and Conditions, you agree to absent yourself from that part of the Event and to not receive or attend the Event.
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Event DetailsEvent program content is subject to change without notice, and we reserve the right to make any amendments we deem to be in the best interest of the Event. Unless otherwise specified, seating is by general admission – we do not guarantee you any particular seat. We reserve the right to cancel the Event prior to the commencement date and, apart from a refund of the Event cost, we will not be responsible for any expenses incurred or to be incurred by you, for example visa, international or local travel, car parking, child care, accommodation (other than in relation to a residential retreat) or other goods or services, even if the Event is cancelled. You should consider whether insurance is appropriate for your circumstances.
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Disclaimer of WarrantyThe Australian Consumer Law provides certain statutory guarantees for consumers which cannot be excluded, and nothing in these Event Booking Terms and Conditions modifies or excludes those guarantees. To the maximum extent permitted by law, we disclaim all express and implied warranties with regard to the Event, including, without limitation, any warranty that the Event will run as programmed and scheduled, or that the Event is suitable for a particular purpose.
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Indemnification for loss or damageYou agree to indemnify, defend and hold us harmless from any liability or expense (including reasonable legal fees) arising from or in any way related to your attendance at, or inability to attend, an Event, including any liability or expense incurred by you or any third parties through you. You agree to indemnify, defend and hold us harmless from any liability or expense (including reasonable legal fees) relating to your breach of these Terms and Conditions, or your violation of any law or the rights of a third-party.
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RefundsYou are entitled to a full refund for an Event in the following circumstances: If we cancel the Event. If we reschedule the Event and you cannot or do not wish to attend the rescheduled time, day or venue. If the Healing Transmission/Workshop is offered at an Event, this is optional for participants. If you choose not to receive the Healing Transmission, you may absent yourself from that part of the Event, but this does not entitle you to any refund. Attending the event partially at your own wish does not entitle you to any refund.
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Remedies for the breach of these Terms and ConditionsWithout prejudice to any of our other rights (whether at law or otherwise) we reserve the right to: cancel your bookings without reference to you; and/or deny you access to the Event where we believe (in our absolute discretion) that you (or persons who made the Event booking on your behalf) are in breach of any of these Terms and Conditions.
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Contact UsFor any questions or notices, please contact us at: Email: BeingShivaFoundation@yahoo.com Email: Team@beingshiva.org Postal: Being Shiva Foundation 56 Carlyon Cl Melton West VIC 3337 Australia Telephone: Australia 03-8088-0742 From overseas +61 3-8088-0742
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ChildrenUnless otherwise specified, we do not provide supervision of children. Children must be accompanied by a supervising adult at all times and may be refused admission or attendance if not accompanied by a supervising adult. For children's safety please do not bring children with you to spiritual events unless previously informed by you to us. For healing sessions/workshop if a child needs healing they must be accompanied by an adult. Other than healing sessions/workshop children should not attend any spiritual event unless they are above 18 years of age.
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Miscellaneous Legal ProvisionsThese Event Booking Terms and Conditions contain all the terms of your agreement with us relating to your attendance at, or inability to attend, an Event. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or your attendance at an Event.
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Governing LawThese Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia. You agree that any disputes concerning this Website are to be resolved by the courts having jurisdiction in Victoria, Australia. We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
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Cancellation Policy - Events other than RetreatsIf you’re unable to attend an Event (other than a residential or non-residential retreat), a substitute participant is welcome at no extra cost. Please email us to advise of the new participant’s name and contact details. If you need to cancel your booking for any reason, the following cancellation policy applies: Cancellation requests must be made to us in writing by email. If you cancel 31 days or more before the date of the Event your full payment minus 25% will be refunded. If you cancel from 30 days to 15 days before the date of the Event your full payment minus 75% will be refunded. If you cancel 14 days or less before the date of the Event your full payment is non-refundable. The above days are calendar days, not including the day on which the course starts.
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Amendment to these Terms and ConditionsYou agree that we may amend these Event Booking Terms and Conditions at any time and without notice, by updating them on our website. You should review them before seeking to book/purchase tickets for, or to attend, Events.
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Application of Cancellation & Refund PolicyThis Cancellation & Refund Policy applies to the Events, Workshops, Initiations, Live Transmissions, Healings, Course Sessions, Online Course, Live Teachings, Darshan, Satsang and Retreats that are time to time provided through our organization Being Shiva Foundation and the websites (www.piousretreats.com, www.beingshiva.org, www.beingshivagurukul.com, www.yogiparampara.org, www.anadilinga.org ) or directly from us. Please read this Cancellation & Refund Policy carefully, and contact us if you have any questions. If you do not agree & accept the Cancellation & Refund Policy you should not proceed with the purchase and/or payment.
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Cancellation & Refund PolicyWORKSHOPS, INITIATIONS, HEALINGS, SATSANG, DARSHAN - For Live Healing & Initiation Workshops, no refunds are made. But if due to some reason, you’re unable to attend an Event (other than a residential or non-residential retreat), a substitute participant is welcome at no extra cost. Please email us to advise of the new participant’s name and contact details. If you need to cancel your booking for any reason, the following cancellation policy applies: Cancellation requests must be made to us in writing by email. If you cancel 31 days or more before the date of the Event your full payment minus 25% will be refunded. If you cancel from 30 days to 15 days before the date of the Event your full payment minus 75% will be refunded. If you cancel 14 days or less before the date of the Event your full payment is non-refundable. The above days are calendar days, not including the day on which the course/event starts. RETREATS Deposits are non-refundable. If you’re unable to attend a Retreat (either residential or non-residential), a substitute participant may attend in your place, provided that: If the substitute participant requires different accommodation to the original booking, their attendance will be subject to accommodation availability and any additional accommodation costs or considerations. If the substitute participant chooses to attend on a non-residential basis, the refund of your pre-paid accommodation costs will be subject to the cancellation policy below. You must email us to request a substitute transfer, providing the name, contact details and accommodation requirements of the new participant. We will then confirm whether we are able to permit your request, and on what conditions. If you need to cancel your booking for any reason, the following cancellation policy applies: Cancellation requests must be made to us in writing by email. If you cancel 31 days or more before the date of the Event your full payment minus 25% will be refunded. If you cancel from 30 days to 15 days before the date of the Event your full payment minus 75% will be refunded. If you cancel 14 days or less before the date of the Event your full payment is non-refundable. The above days are calendar days, not including the day on which the course starts. REFUNDS You are entitled to a full refund for an Event in the following circumstances: If we cancel the Event. If we reschedule the Event and you cannot or do not wish to attend the rescheduled time, day or venue. If the Healing Transmission/Workshop is offered at an Event/Retreat, this is optional for participants. If you choose not to receive the Healing Transmission or Initiation you may absent yourself from that part of the Event, but this does not entitle you to any refund. CONTACT EMAIL - PIOUSRETREATS@GMAIL.COM & BEINGSHIVAFOUNDATION@YAHOO.COM For other Terms & Conditions of Bookings & Payments please visit our LEGAL web page and also read our other Terms and Conditions and Privacy Policy. ONLINE COURSES All Online Courses are Non-Refundable except for Teacher Training Courses. Only full payment is accepted, partial payments are not accepted. Fees are all-inclusive, there are no other hidden/undeclared charges/costs. Course Completion Certificates are "Soft Copy" only sent through Email. Teacher Training Courses are available to you for 2 months. After 2 months the login/access for the course expires. All other courses (other than Teacher Training Courses) are available to you for 1 month. After 1 month the login/access for the course expires. Extension of login/access to course involves extra charges/fees according to the course and duration required and at times the request for extension is denied, hence please complete the course in given time duration. If you need to extend your access, please email us the Request with Justification & Valid Proofs at BeingShivaFoundation@yahoo.com ONLINE COURSE REFUNDS Cancellation requests must be made to us in writing by email at - BeingShivaFoundation@yahoo.com We are in Australian Eastern Standard Time (Melbourne, Australia) Teacher Training Courses If you need to cancel your Teacher Training Courses for any reason, the following "strict" cancellation policy applies: If you cancel within 24 hours of the purchase of the Teacher Training Course, 75% of the purchase amount will be refunded. If you cancel within 3 days of the purchase of the Teacher Training Course, 50% of the purchase amount will be refunded. After 3 days of the purchase of the Teacher Training Course NO-REFUNDS are made. Other Courses For Online Courses no refunds are made. But if due to some reason, you’re unable to do the Online Course it is transferable to another person at no extra cost, within similar time-duration. Please email us to advise of the new candidate's name and contact details. This can be done only once. Any further changes will incur extra charges and/or request may be denied. NOTE You are entitled to a full refund for a Course in the following circumstances: If we cancel/take-down the Course for which you have already paid. If we reschedule the Course's availability at future date and you cannot or do not wish to do it on the rescheduled future date. CONTACT EMAIL - BEINGSHIVAFOUNDATION@YAHOO.COM For other Terms & Conditions of Payments please visit our LEGAL web page and also read our other Terms and Conditions and Privacy Policy.
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Amendments to Cancellation & Refund PolicyWe may amend this Cancellation & Refund Policy for any reason at any time, and without notice. The most current Cancellation & Refund Policy will always be available on our websites.
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Contact UsFor any questions or notices, please contact us at: Email: BeingShivaFoundation@yahoo.com Email: PiousRetreats@gmail.com Email: Team@beingshiva.org Postal: Being Shiva Foundation 56 Carlyon Cl Melton West VIC 3337 Australia Telephone: Australia 03-8088-0742 From overseas +61 3-8088-0742
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Governing Law and JurisdictionThis Agreement shall be governed by and construed in accordance with the laws of Australia. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Australia.
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NoticesAll notices and other communications hereunder will be in writing or Email and will be deemed to have been duly given when delivered in person, upon the first business day following deposit in the Australia Post mail, postage prepaid, certified or registered, return receipt requested, addressed as follows: If to Volunteer: [Name as submitted through the Volunteer Form] [Address as submitted through the Volunteer Form] If to Organisation: Being Shiva Foundation [Email the organisation to ask for current mailing address at Adiguru@beingshiva.org]
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SeverabilityIf any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck from this Agreement and the remaining provisions will remain in full force and effect.
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AgreementThis Non-Disclosure Agreement (the "Agreement") is entered into between Being Shiva Foundation (the "Organisation") and the undersigned volunteer (the "Volunteer") collectively referred to as the "Parties".
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ExclusionsThe obligations of confidentiality set forth in this Agreement shall not apply to information that: Is already known to the Volunteer at the time of disclosure, as evidenced by written records. Becomes publicly available without any breach of this Agreement. Is lawfully obtained by the Volunteer from a third party without any obligation of confidentiality. Is required to be disclosed by law or by a court order. In such cases, the Volunteer shall promptly notify the Organisation to enable the Organisation to seek protective measures.
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Acceptance & AcknowledgementBy signing the Volunteer Form https://www.beingshiva.org/volunteer , the Volunteer acknowledges that they have read and understood the terms of this Agreement and agree to be bound by its provisions.
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PurposeThe purpose of this Agreement is to protect and safeguard the confidential information shared by the Organisation with the Volunteer during the course of their volunteer engagement. Including but not limited to the software licenses, equipment, laptops, Phone, Tablet, Photos, Articles, Videos, Content of any type, User ID and Passwords, Logo, Trademarks and other copyrighted information & the below: Organisation's trade secrets, such as its business plans, marketing strategies, and financial information; Organisation's intellectual property, such as its trademarks, copyrights, and patents; Organisation's customer lists and other proprietary information; and Any other information that Organisation identifies as Confidential Information.
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Confidential InformationConfidential Information includes, but is not limited to, any non-public information, data, documents, plans, strategies, trade secrets, know-how, or any other proprietary information disclosed by the Organisation to the Volunteer, either in written or verbal form, whether directly or indirectly.
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RemediesIn the event of a breach of this Agreement, the Volunteer acknowledges that the Organisation may suffer irreparable harm, and the Organisation shall be entitled to seek injunctive relief and any other remedies available under applicable law. The Volunteer understands and agrees that monetary damages may not be an adequate remedy for any breach of this Agreement and that the Organisation may seek specific performance or other equitable remedies.
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Entire AgreementThis Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
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ObligationsThe Volunteer agrees to keep all Confidential Information strictly confidential and shall not disclose or reveal any such information to any third party without prior written consent from the Organisation. The Volunteer agrees to use the Confidential Information solely for the purpose of fulfilling their volunteer duties for the Organisation. The Volunteer shall exercise reasonable care and take necessary precautions to prevent any unauthorized use, disclosure, or access to the Confidential Information. The obligations set forth in this Agreement shall continue even after the Volunteer's engagement with the Organisation comes to an end. Volunteer agrees not to disclose Confidential Information to any third party, including but not limited to, competitors, customers, suppliers, or the media.
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Binding EffectThis Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first submitted through the Volunteer Form - https://www.beingshiva.org/volunteer [SIGNATURE OF VOLUNTEER] - As submitted through the Volunteer Form [NAME OF VOLUNTEER] - As submitted through the Volunteer Form [SIGNATURE OF ORGANIZATION] - Via the confirmation email as "Volunteer Accepted" [NAME OF ORGANIZATION] - - Via the confirmation email as "Volunteer Accepted"
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Term and TerminationThis Agreement will remain in effect for the duration of Volunteer's engagement with Organisation and for one (1) year thereafter. This Agreement may be terminated by either party upon 5 days written notice to the other party unless it is a termination of the volunteer by the organisation due to breach of NDA and other organisation policies. In case of termination due to breach, no notice will be given to the volunteer by the organisation.
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WaiverNo waiver of any provision of this Agreement will be effective unless in writing and signed by both parties.
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Other Terms and ConditionsIn paying the registration fee for a Healing Transmission, Shakti Transmission, Initiation, Workshop you agree to the terms of our Privacy Policy, which sets out how we manage personal information. If you are registering the Healing Transmission, Shakti Transmission, Initiation, Workshop for another individual, you agree to advise them (or their parent or guardian) of our Privacy Policy, to seek their agreement to the terms of the Privacy Policy, and to email us immediately if they do not agree to those terms. In making a registration for a Healing Transmission, Shakti Transmission, Initiation, Workshop through our website you are also agreeing to be bound by our Website Use Terms and Conditions.
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Cancellation or RefundYou may cancel a course of Healing Transmissions, Shakti Transmission, Initiations and other Workshop only if you email us within 30 days of the date on which the Healing Transmission, Shakti Transmission, Initiations and other Workshop commenced. Within 30 days of receiving your email, we will refund the registration fee and cancel the Course of Healing Transmissions, Shakti Transmission, Initiations and other Workshop. Healing Transmissions, Shakti Transmission, Initiations and other Workshop provided at an Event are always optional for attendees. If you choose not to receive the Healing, Shakti Transmission, Initiations and other Workshop, you have the right to absent yourself from that part of the Event, but no right to cancel your booking or receive any refund other than in accordance with our Event Booking Terms and Conditions.
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Miscellaneous Legal ProvisionsThese Workshop Terms and Conditions contain all the terms of your agreement with us relating to your purchase of the Healing Transmission, Shakti Transmission, Initiations, Workshops. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or your registration for the Healing Transmission, Shakti Transmission, Initiation, Workshop.
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Definitions“Healing Transmissions, Shakti Transmission, Initiations, Workshops” refers to a regular course, session or event of the time duration mentioned on the website and promotional material. “Days” means calendar days. “Event” means one of our events during which a Healing Transmission, Shakti Transmission, Initiation, Workshop is offered and includes, without limitation, retreats, day courses, classes, darshans and satsangs. “Healing Transmission” means a transmission of ‘non-contact’, ‘energy’ or ‘distance’ healing in which Adiguru Padmé transmits the healing energy of divine love and light to an individual, whether that individual be an adult, child or animal. “Health Care” means care from a practitioner holding a recognised license or registration to practice medical/physical, psychiatric, psychological or veterinary treatment or therapy, and includes, but is not limited to, Western/orthodox modalities of care. “Website” means the websites with the URLs www.piousretreats.com, www.beingshiva.org, www.yogiparampara.org and www.anadilinga.org which are owned, operated and provided by Being Shiva Foundation (Being Shiva Inc). “We”, “us”, “our” etc. means Being Shiva Foundation (ABN - 25869328938), whose registered office is at the 56 Carlyon Cl Melton West 3337 VIC Australia, and includes any subsidiaries, affiliates, employees, volunteers, officers, agents or assigns. “You” or “Your” means the person ordering product/s from us.
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Understanding the nature of Healing Transmissions, Shakti Transmissions, Initiations-Deeksha, Tantra Initiations"The Healing Transmission, Shakti Transmissions, Initiation is not a substitute for professional Health Care that an individual may be receiving and while we have observed the benefits of the Healing Transmission we do not claim to diagnose or cure any condition of mind, body or spirit. The Healing Transmission, Shakti Transmissions, Initiation can support wellbeing for mind, body and spirit in a way that is needed, and it is safe to receive alongside any professional Health Care. The Healing Transmission, Shakti Transmissions, Initiation is intended as a complementary therapy and is not meant to replace one-to-one professional Health Care. An individual’s receipt of the Healing Transmission, Shakti Transmissions, Initiation should not under any circumstances be used as a justification to alter or replace the service, treatment, medication or advice provided by a Health Care professional. We do not diagnose medical conditions, give medical advice, perform medical treatment, prescribe substances or interfere with the treatment of a Health Care professional. If you are registering to receive the Healing Transmission, Shakti Transmissions, Initiation for yourself, you agree that you will consult a Health Care professional for any severe physical or psychological ailment that you may be suffering from, and in any situations where your symptoms persistent. If you are purchasing the Healing Transmission, Shakti Transmissions, Initiation for another individual, you agree that their receipt of the Healing Transmission, Shakti Transmissions, Initiation should not under any circumstances be used by them (or their parent or guardian) as a justification to alter or replace the service, treatment, medication or advice provided by a Health Care professional. You undertake to inform them (or their parent or guardian) of this and of these Terms and Conditions. The benefits of the Healing Transmission, Shakti Transmissions, Initiation may not be perceivable to all recipients. There are many factors that influence an individual’s experience, including personal beliefs, sensitivity to energy, openness to new concepts and the ability to practice relaxation.
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Contact UsFor any questions or notices, please contact us at: Email: BeingShivaFoundation@yahoo.com Email: Team@beingshiva.org Postal: Being Shiva Foundation 56 Carlyon Cl Melton West VIC 3337 Australia Telephone: Australia 03-8088-0742 From overseas +61 3-8088-0742
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Processing of RegistrationPayment of the advertised price will be taken at the point of registration. When we have received payment of the registration fee as well as a photo of each individual that will receive the Healing Transmission, Shakti Transmission, Initiation we will confirm the registration for a Course of Healing Transmissions or Shakti Transmission or Initiation. In the case of a Healing Transmission, Shakti Transmission, Initiation offered at an Event, the Transmission will be given provided that the Event has been booked and attended in accordance with our Event Booking Terms and Conditions. We will not process any registrations in the case of errors or inaccuracies regarding the Healing Transmission, Shakti Transmission, Initiation (including the advertised price) appearing on the website. If an error or inaccuracy is discovered with regards to the advertised price we will contact you as soon as possible by email and reserve the right to cancel your registration. We reserve the right to cancel registrations for any reason or to cancel the agreement after confirmation of registration, including (without limitation) where we believe the registration is fraudulent or constitutes a misuse of a promotional or marketing activity or where an error has occurred, including but not limited to errors relating to pricing. If we do cancel your registration, we accept no liability for any resulting damages or costs suffered by you, however we will refund the registration fee paid by you. We will not process or accept a registration placed by an individual who is under 18 years old.
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Remedies for breach of these Terms and ConditionsWithout prejudice to any of our other rights (whether at law or otherwise) we reserve the right to: cancel your registration without reference to you; and/or refuse to deliver the service (Healing Transmission, Shakti Transmission, Initiation, Workshop) where we believe (in our absolute discretion) that you (or persons who made the purchase on your behalf) are in breach of any of these Terms and Conditions.
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Governing LawThese Terms and Conditions of Sale are governed by and construed in accordance with the laws of Victoria, Australia. You agree that any disputes concerning this Website are to be resolved by the courts having jurisdiction in Victoria, Australia. We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
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Limitation of LiabilityEach individual (or their parent or guardian) is responsible for making decisions about their own health and wellbeing. We will not be liable for any loss, damage, personal injury, cost, expense (including legal costs) or liability of any kind (whether based on breach of contract, tort (including negligence), product liability or otherwise), arising out of or in any way connected with your registration for, receipt of, and/or inability to receive the Healing Transmission, Shakti Transmission, Initiation, Workshop. This includes, without limitation, any compensatory, incidental, direct, indirect, special, punitive, exemplary or consequential damages, loss of data, loss of income or profit, loss of or damage to property, loss or denial of service, business interruption, claims of third parties or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses. We will not be liable for any loss, damage or injury to the extent arising from your negligent acts or omissions, any pre-existing medical condition, your breach of these Terms and Conditions, or your reliance on reviews and opinions about the Healing Transmission. You should make your own inquiries before deciding whether the Healing Transmission, Shakti Transmissions, Initiation, Workshop is suitable for you.
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Waiver and SeverabilityOur failure to enforce any provision of these Terms and Conditions of Sale or respond to a breach by you or others shall not constitute a waiver of our right to enforce any provision of these Terms and Conditions as to that breach or any other. If any provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful, void or for any reason unenforceable, then 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.
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Indemnification for loss or damageYou agree to indemnify, defend and hold us harmless from any liability or expense (including reasonable legal fees) arising from or in any way related to your registration for, receipt of, or inability to receive, the Healing Transmission, including any liability or expense incurred by you or any third parties through you. You agree to indemnify, defend and hold us harmless from any liability or expense (including reasonable legal fees) relating to your breach of these Terms and Conditions, or your violation of any law or the rights of a third-party.
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Application of these Terms and ConditionsBy registering for a Healing Transmission, Initiation, Workshops for yourself or another individual, you are agreeing to accept the following Terms and Conditions.
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Amendment to these Terms and ConditionsYou agree that we may amend these Terms and Conditions at any time and without notice, by updating them on our website. You should review them before seeking to register yourself or someone else for a Healing Transmission, Shakti Transmission, Initiation, Workshop.
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Consumer Protection LawsThe Australian Consumer Law provides certain statutory guarantees for consumers which cannot be excluded, and nothing in these Event Booking Terms and Conditions modifies or excludes those guarantees.
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Disclaimer of WarrantyThe Australian Consumer Law provides certain statutory guarantees for consumers which cannot be excluded, and nothing in these Healing Transmission Terms and Conditions modifies or excludes those guarantees. To the maximum extent permitted by law, we disclaim all express and implied warranties with regard to the Healing Transmission, Shakti Transmission, Initiation, Workshop, including, without limitation, any warranty that professional Health Care will not be necessary for an individual receiving the Healing Transmission, Shakti Transmission, Initiation, Workshop, or that we will diagnose, cure or prevent any condition of mind, body or spirit.
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Access to and correction of personal informationYou may request details of personal information that we hold about you, in accordance with the Privacy Act 1988. If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us by email. We rely in part upon customers advising us when their personal information changes. We will respond to any request within a reasonable time and will endeavour to promptly correct any information found to be inaccurate, incomplete or out of date.
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Amendments to Privacy PolicyWe may amend this Privacy Policy for any reason at any time, and without notice. The most current Privacy Policy will always be available on our websites.
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Disclosure of your personal informationThe information you submit to us is used only for the purpose stipulated at the time that the information is collected. We do not to reveal, disclose, sell, distribute, rent, licence, share or pass on to any third parties, any personal information that you may have provided to us. We will not pass on your personal details to any other organisations unless it is necessary to provide our products and services to you. Exceptions Include: Where there are reasonable grounds to believe that disclosure is necessary to prevent a threat to life or health; and Where we are required to provide information in response to proper legal demands, orders and process.
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Application of Privacy PolicyThis Privacy Policy sets out our commitment to protecting the privacy of your personal information that we collect through our websites (www.piousretreats.com, www.beingshiva.org, www.anadilinga.org, www.yogiparampara.org, www.beingshivagurukul.com and others ) or directly from you. ‘Personal information’ means information about you where you are, or could be, identified, such as your name and contact details, your photograph, your booking and purchase history and information about your access to our websites. Please read this Privacy Policy carefully, and contact us if you have any questions. In providing us with personal information, you thereby indicate that you have had sufficient opportunity to access this Privacy Policy and that you have read and accepted it. If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of the websites or any products and services offered on them.
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Complaints about breachIf you believe that we have breached the Australian Privacy Principles and wish to make a complaint about that breach, please contact us. If we are unable to resolve the issue to your satisfaction, you can raise your concerns with the Office of the Australian Information Commissioner.
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How we use your personal information?We collect and use the personal information as follows: To supply the goods and/or services you purchase from us. To enable your attendance at our events, and properly cater for your needs at those events. To contact and communicate with you, including via email, to update you about our events, seek feedback and share news that we think may be of interest you. To provide you with marketing and offers from us when you have given us permission to do so (you may unsubscribe at any time). Photographic, video or audio footage may be broadcast, live streamed, telecast and/or included on our websites, in a film or documentary and/or on our social media platforms We will not supply your personal information to any third party for the purpose of their or any other third party’s direct marketing. All financial transactions you make through our websites are handled through our payment services provider, PayPal. You can review their privacy policy at http://www.paypal.com.au/. We will share information with PayPal only to the extent necessary for the purposes of processing payments you make via our websites, refunding such payments and dealing with complaints and queries relating to such payments and refunds.
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Storage and SecurityWe take every precaution to protect personal and/or sensitive information you may submit to us both online and off-line. When you enter personal information on our website to book an event or purchase an item, that information is protected with SSL. No credit card details are entered on our website as you will be transferred through to a secure payment gateway for these payments. We hold your personal information in the strictest confidence. Our files, data and information are securely stored and access is restricted to authorised staff only.
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Type of Personal Information CollectedWe may collect the following types of personal information from you, depending on the nature of your involvement with us: Your name, address, post code, city, email address and/or telephone number Special needs relevant to attending one of our events or receiving Transmission Healing (e.g. medical conditions, dietary needs etc.) Video, audio and/or photographic footage if you attend one of our ashrams or events. Any other personal information you provide to us when making enquiries, signing up to one of our events or purchasing one of our products/services, including via email, social media and over the phone. If we receive your personal information from third parties, we will protect it as set out in this Privacy Policy. If you are purchasing tickets to our events or buying products from our websites, you may be directed to a third party website to complete your purchase (for example, PayPal, Eventbrite). These websites may collect personal information from you that may be shared with us. Please check the privacy policy applicable to that third party website. We may collect information about your computer and about your visits to and use of the websites (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths). We use this information solely to help us make your experiences on our websites better and to improve our services. Our websites use ‘cookies’ to collect information. Cookies are pieces of information that a website can transfer to your device to track user navigation (site usage) and customising site information to improve the user experience. Cookies can make using our websites easier, for example by storing information about your preferences. This will enable you to take full advantage of the services that our websites offer. Cookies also provide us with information about how our websites are used so we can keep them as up to date, relevant and error-free as possible. The use of cookies is an industry standard and most major websites use them. Most Internet browsers are programmed to accept cookies. However, if you are concerned about the use of cookies you can disable cookies through your web browser settings, with the understanding that this may diminish your experience on the websites and certain features of the websites may not function properly without the aid of cookies. Cookies are not harmful and cannot introduce viruses or extract personally identifiable information.
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Links to other websitesOur websites may sometimes contain links to other websites. These third-party organisations are not bound by our Privacy Policy and we make no warranties about their privacy practices, so please contact them to review their privacy practices.
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Contact UsFor any questions or notices, please contact us at: Email: BeingShivaFoundation@yahoo.com Email: Team@beingshiva.org Postal: Being Shiva Foundation 56 Carlyon Cl Melton West VIC 3337 Australia Telephone: Australia 03-8088-0742 From overseas +61 3-8088-0742
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Application of these Terms and ConditionsPlease review these Website Usage Terms and Conditions carefully before using or accessing this Website. By using or accessing this Website or any Services provided in connection with it, you agree to abide by these Terms and Conditions in consideration of the access provided to the Website. If you do not agree to these Terms and Conditions, any of the related documentation linked below or other restrictions notified to you during the course of your use of this Website you are not permitted to, and agree not to, use or access this Website.
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Permitted UseYour access to this Website is on a temporary basis, and we reserve the right to withdraw, restrict or amend the services accessible to you on the Website without notice at our absolute discretion. This Website is made available for your use provided that you accept and comply with these Terms and Conditions. By using this Website, you are agreeing to be bound by these Terms and Conditions. The Website and the Services are not a substitute for professional medical/physical, psychiatric and/or psychological treatment, therapy and advice. You agree not to use the information on this Website under any circumstances for self-diagnosis, self-treatment, or as a justification to alter or replace the service, treatment, medication or advice provided to you by a trained medical or health care professional. You may only use this Website for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within Australia or other jurisdiction from which you are accessing this Website. You must not use this website for any purpose except as expressly permitted by us. In particular, you agree that you must not: post, transmit or disseminate any information on or via this Website which is or may be harmful, obscene, defamatory, fraudulent or otherwise illegal, or which conflicts with the Website or the Services; use ‘screen scraping’, any automated algorithm, device, method, system, software or manual process to access, use, search, copy, monitor or extract material (in whole or in part) from or through using this Website unless we have given our express written agreement; use this Website in a manner which causes or may cause an infringement of the rights of any other; make any unauthorised, false or fraudulent booking; use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means; deface, alter or interfere with the front end ‘look and feel’ of this Website or the underlying software code; take any action that imposes an unreasonable or disproportionately large load on this Website or related infrastructure; permit any automatic registration, logging in or access to any of the material on the Website; obtain or attempt to obtain unauthorised access, via whatever means, to any of our networks or accounts or to information about other users; disclose confidential information of any person or entity including without limitation our confidential information; upload commercial content on the Website or use the site to solicit others to join or become members of any other commercial service or other organization; allow or authorise any third party to use, the Website in a way which conflicts with these Terms and Conditions, the Website or the Services.
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Intellectual Property & CopyrightsThe content of this Website contains material which is owned by or licensed to us. This material includes, but is not limited to, all uploaded files, layout design, data, graphics, videos, audios, articles, file content, codes, news, tutorials, forum posts and databases contained on the Website or in connection with the Services, unless mentioned otherwise specifically. Any use or reproduction of the Website’s material is prohibited other than as permitted by law. You may not modify, copy, reproduce, republish, upload, download, post, transmit or distribute any material from this Website, including code and software, unless expressly agreed to by us in writing, in which case we may require you to sign a License Agreement. From time to time we may provide images, audios or videos for download. If you download material from the Website, the material (which includes all files and images contained in it or generated by it, and accompanying data) is deemed to be licensed to you by us for your personal, non-commercial use only, provided you: 1) keep intact all copyright and other proprietary notices, 2) do not copy or post the material on any networked computer or any other type of media, 3) do not modify the material, 4) make no representations of ownership, 5) do not sell, redistribute, reproduce, decompile, reverse-engineer or disassemble the material, and 6) do not use any content in a manner that suggests an association with us or with any of our products or services. If you wish to use text, videos, audios, images or other of our intellectual property for non-personal use, commercial purposes, or other than as permitted here, you should submit your request to us in writing. We respect the intellectual property rights of others. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please contact us with details of the alleged breach.
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Bookings or PurchasesIf you make an event booking, purchase a product or register for Healing Transmission, Initiation or Retreats through this Website, you agree to be bound by our Event Booking Terms and Conditions and/or Terms and Conditions of Sale and/or Workshop Terms and Conditions, which you will be directed to at the time of booking, purchasing or registering.
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Information Collection & ConfidentialityUse of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy, given on this same page in the sections below. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. Our Website uses cookies and our Privacy Policy explains how we protect your privacy in our use of cookies and other information. You consent to our use of cookies in accordance with the terms of our Privacy Policy. All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.
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Disclaimer of warrantyTo the maximum extent permitted by law, we disclaim all express and implied warranties with regard to access to and use of the Website, the Services and information contained on this Website. All such information, services and materials are provided “as is” and “as available” without warranty of any kind. For example, and without limitation: We do not guarantee, represent or warrant that your access to or use of our Website or the Services will be uninterrupted, timely, secure, error-free, merchantable, fit for a particular purpose or that the Website or the server that makes it available are free of viruses. We do not make any warranty about the reliability, stability or any virus-free nature of any material being downloaded from this website, nor for the availability of the download material. We do not warrant that the results that may be obtained from your use of the Website or the Services will be accurate or reliable. You agree that we may vary, suspend or terminate the whole or any part of the Website for any reason at any time, and without written notice. You expressly agree that your use of the Website or the Services is at your sole risk. If you are dissatisfied with the Website or our Services, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using them.
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Miscellaneous legal provisionsThese Website Use Terms and Conditions contain all the terms of your agreement with us relating to your use of this Website. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or your use of the Website or the Services.
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Indemnification for loss or damageYou agree to indemnify, defend and hold us harmless from any liability or expense (including reasonable legal fees) arising from or in any way related to your use of the Website or information offered on the Website, including any liability or expense incurred by you or any third parties through you. You agree to indemnify, defend and hold us harmless from any liability or expense (including reasonable legal fees) relating to your breach of these Terms and Conditions, or your violation of any law or the rights of a third-party.
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Website ContentWe provide the Website ‘as is’ and ‘as available’. We cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency, performance, suitability or completeness of anything contained on this Website or on any linked site, for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law. The information contained on this Website is for your general information and use only, and it may complement, but under no circumstances should it take the place of, advice from a trained medical or health care professional.
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Contact UsFor any questions or notices, please contact us at: Email: BeingShivaFoundation@yahoo.com Email: Adiguru@beingshiva.org Postal: Being Shiva Foundation 56 Carlyon Cl Melton West VIC 3337 Australia Telephone: Australia 03-8088-0742 From overseas +61 3-8088-0742
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Your SubmissionsBy posting messages, uploading files, inputting data, or engaging in any other form of communication through this Website (referred to here as ‘Submissions’), you agree that we are granted a royalty-free, perpetual, non-exclusive, unrestricted, worldwide licence to: Use, copy, adapt, transmit or display any such Submission. Sublicence to third parties the unrestricted right to exercise any of these rights granted with respect to the Submission. You agree that these grants include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction. You will not be compensated for any use of your Submissions. You agree not to make Submissions that are, harmful, obscene, defamatory, fraudulent or otherwise illegal or offensive, or which conflict with the Website or the Services. We are not able to review all Submissions on the Website, and we are in no way responsible for the content of the Submissions. You acknowledge that by providing you with the ability to view and make Submissions on the Website, we are acting as a passive conduit for this and we take no obligation or liability relating to any Submissions. If you make Submissions to the Website which are, in our opinion, harmful, obscene, defamatory, fraudulent or otherwise illegal or offensive, or which conflict with the Website or the Services, we may at our sole discretion refuse to publish such comments and/or remove them from the Website.
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Amendment to these terms and conditionsWe may amend these Website Use Terms and Conditions at any time and without notice, by updating them on our Website. Your use of or access to the Website is your acceptance of the Terms and Conditions as amended from time to time.
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Links to external websitesThis Website may contain links that direct you outside of the Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection with your use of these sites. You may not link to our Website without our prior written approval. If you would like to link to our Website, please send your request to us in writing.
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Limitation of LiabilityTo the maximum extent permitted by law, we will not be liable for any loss, damage, personal injury, cost, expense (including legal costs) or liability of any kind (whether based on breach of contract, tort (including negligence), product liability or otherwise), arising out of or in any way connected with the access to or use of, or inability to access or use, the Website. This includes, without limitation, any compensatory, incidental, direct, indirect, special, punitive, exemplary or consequential damages, loss of data, loss of income or profit, loss of or damage to property, loss or denial of service, business interruption, claims of third parties or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses. All materials downloaded from any section of this Website or via a link pointed to by this website are downloaded, installed, and used totally and entirely at the users own risk.
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Definitions“Services” means all information available for reading, viewing, listening or download on the Website, and all Events, products and services (including the Healing & Initiation or other Workshops, Satsang, Retreats & Darshan events) offered on the Website. “Website” means the websites with the URLs www.piousretreats.com, www.beingshiva.org, www.yogiparampara.org, and www.anadilinga.org which are owned, operated and provided by Being Shiva Foundation (Being Shiva Inc). “We”, “us”, “our” etc. means Being Shiva Foundation (ABN - 25869328938), whose registered office is at the 56 Carlyon Cl Melton West 3337 VIC Australia, and includes any subsidiaries, affiliates, employees, volunteers, officers, agents or assigns. “You” or “Your” means the user of the Website.
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Governing LawThese Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia. You agree that any disputes concerning this Website are to be resolved by the courts having jurisdiction in Victoria, Australia. We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
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Remedies for breach of these terms & conditionsWithout prejudice to any of our other rights (whether at law or otherwise) we reserve the right to: cancel your bookings and purchases without reference to you; and/or deny you access to this Website and block your access to the Website where we believe (in our absolute discretion) that you (or persons who access this Website on your behalf) are in breach of any of these Terms and Conditions.
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Waiver & SeverabilityOur failure to enforce any provision of these Terms and Conditions or respond to a breach by you or others shall not constitute a waiver of our right to enforce any provision of these Terms and Conditions as to that breach or any other. If any provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful, void or for any reason unenforceable, then 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.
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SecurityYou are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login. If you have reason to believe that your access to the Website is no longer secure (e.g. loss, theft or unauthorized disclosure or use of user names, passwords and personal identification numbers), you must promptly change the affected access information.
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Trademarks & LogosThe trademarks and logos contained on this Website are our property. Use of these trademarks and logos is strictly prohibited except with our express, written consent.
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Limitation of LiabilityWe will not be liable for any loss, damage, personal injury, cost, expense (including legal costs) or liability of any kind (whether based on breach of contract, tort (including negligence), product liability or otherwise), arising out of or in any way connected with the use, inability to use, or performance of the product. This includes, without limitation, any compensatory, incidental, direct, indirect, special, punitive, exemplary or consequential damages, loss of data, loss of income or profit, loss of or damage to property, loss or denial of service, business interruption, claims of third parties or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses. If the product we deliver is not what you ordered or is damaged or defective, or if the delivery is of an incorrect quantity, we will have no liability to you unless you notify us in writing of the problem within the Refund Period. If you do not receive the product within 30 days of the date on which you ordered it, we will have no liability to you unless you email us within 40 days of the date on which you ordered the products.
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Consumer Protection LawsThe Australian Consumer Law provides certain statutory guarantees for consumers which cannot be excluded, and nothing in these Event Booking Terms and Conditions modifies or excludes those guarantees.
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Application of these Terms and ConditionsBy purchasing a product from us, you are agreeing to accept the following Terms and Conditions of Sale.
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Contact UsFor any questions or notices, please contact us at: Email: BeingShivaFoundation@yahoo.com Email: Team@beingshiva.org Postal: Being Shiva Foundation 56 Carlyon Cl Melton West VIC 3337 Australia Telephone: Australia 03-8088-0742 From overseas +61 3-8088-0742
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Delivery of ProductsWe will post the products to the person and address notified in your order. Products will be sent within 1 – 3 business days after your order is accepted. Any delivery times quoted on the website are estimates only, based on availability, normal processing and delivery companies. You will become the owner of the products when they are dispatched to you from our distribution centre. If a product is found to be mis-addressed by us then we will be responsible for the re-delivery, replacement or refunding of the product. If you are found to have given an incorrect or insufficient address, then we will not refund or resend the product and all responsibility for correcting delivery will be borne by you.
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Waiver and SeverabilityOur failure to enforce any provision of these Terms and Conditions of Sale or respond to a breach by you or others shall not constitute a waiver of our right to enforce any provision of these Terms and Conditions as to that breach or any other. If any provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful, void or for any reason unenforceable, then 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.
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Processing of OrdersWe must receive payment of the whole price for the products that you order before your order can be processed. Payment of the advertised price will be taken at the point of order. We will not process any orders in the case of errors or inaccuracies regarding the products (including the advertised price of the products) appearing on the website. If an error or inaccuracy is discovered with regards to the advertised price of the products that you have ordered, we will contact you as soon as possible by email and reserve the right to cancel your order. We reserve the right to cancel orders for any reason or to cancel the purchase agreement after order confirmation, including (without limitation) where we believe the order is fraudulent or constitutes a misuse of a promotional/marketing activity or where an error has occurred, including but not limited to errors relating to pricing. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you, however we will refund the purchase price paid by you. This website is for personal and non-commercial use. You may not use the website to place orders which will be, or are being, sold on to a third party. If you are suspected of using the site in this way then we reserve the right to withdraw from any relevant contract(s) and cancel your order(s).
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Definitions“Days” means calendar days. “Product” means any goods available for purchase from us (excluding the Healing, Transmission, Initiation, and tickets to an event) and includes (without limitation) books, CDs, DVDs, clothing and other merchandise. “Refund Period” means 30 days from the date you ordered the product, or 7 days after you receive the product (whichever is later). “Website” means the websites with the URLs www.piousretreats.com, www.beingshiva.org, www.yogiparampara.org, wwwbeingshivagurukul.com and www.anadilinga.org which are owned, operated and provided by Being Shiva Foundation (Being Shiva Inc). “We”, “us”, “our” etc. means Being Shiva Foundation (ABN - 25869328938), whose registered office is at the 56 Carlyon Cl Melton West 3337 VIC Australia, and includes any subsidiaries, affiliates, employees, volunteers, officers, agents or assigns. “You” or “Your” means the person ordering product/s from us.
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Indemnification for loss or damageYou agree to indemnify, defend and hold us harmless from any liability or expense (including reasonable legal fees) arising from or in any way related to your use of, or inability to use, the product, including any liability or expense incurred by you or any third parties through you. You agree to indemnify, defend and hold us harmless from any liability or expense (including reasonable legal fees) relating to your breach of these Terms and Conditions, or your violation of any law or the rights of a third-party.
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Governing LawThese Terms and Conditions of Sale are governed by and construed in accordance with the laws of Victoria, Australia. You agree that any disputes concerning this Website are to be resolved by the courts having jurisdiction in Victoria, Australia. We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
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Remedies for breach of these Terms and ConditionsWithout prejudice to any of our other rights (whether at law or otherwise) we reserve the right to: cancel your order/s without reference to you; and/or refuse to deliver the product where we believe (in our absolute discretion) that you (or persons who made the purchase on your behalf) are in breach of any of these Terms and Conditions.
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Amendment to these Terms and ConditionsWe may amend these Terms and Conditions of Sale at any time and without notice, by updating them on our website. You should review them before seeking to purchase products.
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Other Terms and ConditionsBy purchasing a product through our website you are agreeing to be bound also by our Website Usage Terms and Conditions and our Privacy Policy.
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Availability of ProductsIf we have insufficient stock to deliver the products you ordered, we will: notify you as soon as possible, at the email address given in your order form; and refund the amount paid as soon as possible. We will not be obliged to offer any additional compensation or to supply the products in this situation.
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Miscellaneous Legal ProvisionsThese Terms and Conditions of Sale contain all the terms of your agreement with us relating to your purchase of products from us. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and Conditions or your purchase or use of the product.
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Disclaimer of WarrantyThe Australian Consumer Law provides certain statutory guarantees for consumers which cannot be excluded, and nothing in these Terms and Conditions of Sale modifies or excludes those guarantees. To the maximum extent permitted by law, we disclaim all express and implied warranties with regard to the product or delivery of the product, including, without limitation, any warranty that the product will be available or suitable for a particular purpose, or delivered within a certain timeframe.
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Return or Refund for a ProductThe original shipping costs are non-refundable. We offer a ‘Refund Period’ of 30 days from the date you ordered the product, or 7 days after you receive the product (whichever is later). To be eligible for a refund: The product must be unused and in the same condition that you received it; The product must be in the original packaging; You must email us during the Refund Period to advise you are seeking a refund; You must send the product back to us during the Refund Period; and You must pay for the cost of returning the product to us, unless we delivered the incorrect product to you or the product is defective or damaged. If the product is defective or damaged we will replace it or offer a full refund (including shipping). If you need a replacement or a full refund, you must: Email us within the Refund Period to describe the problem with the product; and Send the product back to us within the Refund Period. When we have received and inspected the returned product, we will send you an email to notify you of the approval or rejection.
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