Application of these Terms of Service
The following terms, conditions and notices (collectively, the “Terms of Service”) apply to you when you use or access any part of the Site, www.sriavinashinfused.com or the Products.
Please read these Terms of Service carefully, because they operate as an agreement between you and us.
By using or accessing any part of the Site or the Products, you expressly consent to be bound by these Terms of Service, as amended from time to time. If you do not agree to any these Terms of Service you must not use the Site or the Products.
Please note that these Terms of Service contain provisions that include disclaimers of warranties and limitations of liabilities, as well as arbitration provisions and class action waiver provisions.
If you are ordering or purchasing a Product on behalf of another (except in your capacity as parent/guardian), it is your responsibility to make these Terms of Service known to them.
Certain words are defined words, as indicated in the Definitions section at the end of these Terms of Service. These defined words have the same meaning in both singular and plural form throughout these Terms of Service.
You may only use the Site or the Products if you are at least eighteen (18) years old. We do not permit those under 18 to use the Site or the Products, however in some circumstances they may use the Site or the Products with the permission of their parent or guardian.
By ordering a Product, you are affirming that you are at least 18 years old, have the legal capacity to enter into a binding contract with us, and have read and agree to these Terms of Service.
Your rights under these Terms of Service in relation to the Site and the Products cannot be assigned or transferred to another without our express written consent.
We may assign or transfer our rights under these Terms of Service at any time, without notice to you.
Individual results will vary
Results from the Site and the Products are dependent upon many factors, including lifestyle, diet, personal beliefs, sensitivity to energy, openness to new concepts and the ability to practice relaxation.
Therefore, the Site and the Products may not be suitable for all people and individual results will vary.
Disclaimer as to medical, legal and financial advice
The Site and the Products cannot under any circumstances replace or substitute for the assistance of trained professionals in any areas, including, but not limited to, medical, legal or financial.
Please seek the advice of licensed/registered professionals, as appropriate, if you have concerns or questions in such matters. Do not disregard, avoid or delay obtaining professional advice because of information in the Site or the Products.
Nothing in the Site or the Products represents medical diagnosis, advice, treatment or care. The Site and the Products cannot under any circumstances be used as a justification to alter or replace the assistance, treatment, medication or advice provided by a licensed/registered healthcare professional.
Please consult a licensed/registered healthcare professional for any severe physical or psychological ailment that you may be suffering from, and in any situations where your symptoms persist.
While we have observed the benefits of the Products, we do not claim to diagnose or cure any condition of mind, body or spirit. We do not give medical advice, perform medical treatment, prescribe substances or interfere with the treatment of a licensed/registered healthcare professional.
The Site and the Products are safe to use alongside any professional healthcare and can support wellbeing for mind, body and spirit in a way that is needed.
Infused Products and spiritual practices such as meditation are intended as complementary therapies, or as an aid to personal relaxation or stress reduction, and are not meant to replace one-to-one healthcare with a licensed/registered professional.
If you are purchasing a Product for another individual, it is your responsibility to make this known to them.
Processing of orders
We 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 make every effort to ensure that pricing and details are correct, however we reserve the right to correct genuine errors. Where there are errors or inaccuracies (including the price) on the Site or other promotional materials, we will not process your order.
If an error or inaccuracy is discovered after your order has been completed, we will contact you as soon as possible by email to correct the error. In this case, you agree that (i) you will pay the corrected purchase price for the Product; or (ii) we will cancel your order and refund the purchase price.
The Site and the Products are for personal and non-commercial use. You may not use the Site 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).
Site errors and changes to our Products
The Site Content and the Products may contain typographical, factual and other errors. We cannot and do not warrant that any of the Site Content or Products are accurate, complete, or current.
We manage the Site and the Products in our complete discretion and we reserve the right to modify these without notice, at any time and for any reason, including removing a Product from the Site. We also reserve the right to not modify the Site or the Products.
We may suspend or terminate all or any part of the Site or Products without notice, including for periodic maintenance, equipment malfunctions, changes to our business operations or force majeure.
You acknowledge and agree that we will not be liable to you or any third party for any modification, suspension, or termination of the Site or the Products.
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).
The original shipping costs are non-refundable where the return/refund is not due to our error. If the Product is defective or damaged due to our error, we will replace it or offer a full refund (including shipping).
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 within the Refund Period to advise you are seeking a refund and the reasons for your request;
- 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 due to our error.
When we have received and inspected the returned Product, we will send you an email to notify you of the approval or rejection of your refund, exchange or replacement.
If you are approved for a full refund (including shipping) or a partial refund (no shipping refunded), the appropriate credit will be applied to your credit card or original method of payment.
Availability of Products
If 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.
Delivery of Products
We will post the Products to the person and address notified in your order.
Products will be sent within 1 – 5 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. Delivery times are subject to delays resulting from postal delays or force majeure for which we will not be responsible.
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.
We may cancel your access to any portion of the Site or a Product immediately, without prior notice, for any reason whatsoever.
If we cancel your purchase order for a Product, you are entitled to a full refund of the amount you paid us to purchase the Product, except where the cancellation is due to a Force Majeure or where we believe that:
- you (or someone who accesses the Site or the Product on your behalf) are in breach of these Terms of Service;
- fraud or an unauthorized or illegal transaction is suspected; or
- an error has occurred;
in which cases you are not entitled to any refund.
Where you are entitled to a refund of the purchase price, we accept no liability for any resulting costs suffered by you whatsoever.
We will not be liable, or obliged to provide any refund of monies paid, for any delay or failure to process an order or deliver a Product, directly or indirectly due to any event of Force Majeure or other cause beyond our control.
You agree that any information that you provide to us is true, current, accurate and complete, and that you are not impersonating another person. This includes information such as your legal name, street address, email address, telephone number and financial transaction account information.
You further represent and warrant that:
- you have the legal right to use the financial transaction account with which you make purchases on the Site; and
- you grant us the right to provide your personal information to third parties where necessary to facilitate the processing of your order.
Passwords and security
Accessing a portion of the Site may require you to create a login ID and a password (collectively, “Login”).
Your Login and any right given to you to use the Site are not transferable. You may not disclose to or share your Login with any third party, or use your Login for any unauthorized purposes.
It is your responsibility to keep your Login secure and confidential. Therefore, you are responsible for all access to and use of the Site that occurs under your Login, even if you have not authorized that access and use. You acknowledge and agree that we will treat any resulting transactions, obligations or liabilities as if you had used or accessed the Site.
If you have reason to believe that your access to the Site is no longer secure (e.g. loss, theft or unauthorized disclosure or use of your Login), you must notify us immediately, take steps to prevent it happening again and promptly change the affected access information.
Intellectual property, copyrights and trademarks
The Site Content is solely our property and is protected by copyright, trademark, intellectual property and other laws in relevant jurisdictions.
You may not modify, copy, reproduce, republish, upload, download, post, transmit, adapt, distribute or in any way exploit Site Content, including code and software, for any purpose unless expressly agreed to by us in writing. In any case, no such actions grant you ownership rights to Site Content and nothing in these Terms of Service gives you a license to any intellectual property rights.
From time to time we may provide materials for download. If you download material from the Site or from an email communication in connection with the Products, 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:
- keep intact all copyright and other proprietary notices;
- do not copy or post the material on any networked computer or any other type of media
- do not modify the material
- make no representations of ownership
- do not sell, redistribute, reproduce, decompile, reverse-engineer or disassemble the material, and
- do not use any content in a manner that suggests an association with us or with any of our Products.
Please note that any materials downloaded by you from the Site, or via a link pointed to by the Site, or from an email communication in connection with the Products, are downloaded, installed, and used entirely at your own risk.
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 Site in a way that constitutes copyright infringement, please contact us with details of the alleged breach.
Third party links
The Site may contain links to third-party websites or products that are not owned or controlled by us and we accept no responsibility for the quality, accuracy or completeness of these. It is your responsibility to read the terms, conditions and privacy policies of any third-party websites or products that you access.
You acknowledge and agree that we accept no liability for any damage or loss arising out of or in connection with the use of or reliance on any such websites or products.
You may not link to the Site without our prior written approval. If you would like to link to the Site, please send your request to us in writing.
Your testimonials, reviews and other feedback
You acknowledge and agree that if you provide us with a review or testimonial, or send comments, ideas, artworks or other materials to us (collectively, “Feedback”), such Feedback will become our property.
We reserve the right to use it (including your name, occupation, city and country of residence) in whole or in part, for any purpose, without limitation and in our absolute discretion. We also reserve the right to make grammatical and other appropriate corrections prior to our use of the Feedback.
If for any reason such assignment of the property rights is ineffective, you agree:
- to grant us a royalty-free, non-exclusive, perpetual, irrevocable, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction;
- that we may use your Feedback with no obligation of confidentiality, without any payment or compensation being offered and without any request being made to you; and
- this includes sub-licensing to our international branches the unrestricted right to exercise any of these rights granted.
Consumer protection laws
Some jurisdictions provide certain statutory guarantees for consumers which cannot be excluded, and nothing in these Terms of Service modifies or excludes those guarantees. In those jurisdictions, these Terms of Service will be applied to the greatest extent enforceable under applicable law.
Permitted use of the Site
You must not use or access the Site 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 the Site which is or may be harmful, obscene, defamatory, fraudulent or otherwise illegal, or which conflicts with the Site or the Products;
- 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 the Site unless we have given our express written agreement;
- use the Site in a manner which causes or may cause an infringement of the rights of any other;
- make any unauthorised, false or fraudulent purchase;
- use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Site 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 the Site or the underlying software code;
- take any action that imposes an unreasonable or disproportionately large load on the Site or related infrastructure;
- permit any automatic registration, logging in or access to any of the material on the Site;
- 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 Site or use the Site to solicit others to join or become members of any other commercial business or other organisation;
- allow or authorise any third party to use the Site in a way which conflicts with these Terms of Service, the Site or the Products.
Limitation of liability
Use of the Site or the Products is at your sole risk. You agree and acknowledge that you have full responsibility for all costs associated with use of the Site or the Products, and that we will not in any form be liable for damages of any kind related to such use, even if we have been advised of the possibility of damage or loss.
In other words, we will not be liable for any loss, damage, personal injury, cost, expense or liability of any kind (whether based on breach of contract, tort (including negligence), product liability, legal expenses or otherwise), arising out of or in any way connected with the use, inability to use, or performance of the Site or the Products, including costs and expenses that may be incurred where a Product delivery is cancelled or delayed.
This includes, but is not limited to:
- any compensatory, incidental, direct, indirect, special, punitive, exemplary, contingent, reliance or consequential damages;
- loss of data, loss of income or profit, lost savings, harm to business, loss of or damage to property, loss or denial of service, business interruption;
- any loss, damage or injury arising from your negligent acts or omissions, any pre-existing medical condition, your breach of these Terms of Service, or your reliance on reviews and opinions about the Site or the Products;
- claims of third parties; and
- other losses of any kind.
Notwithstanding any damage or loss that might be incurred, our limitation of liability in all cases will not exceed the amount paid to us to purchase the applicable Product, or €100 if no purchase has been made.
Disclaimer of warranty
The Site and the Products are provided “as is” and “as available” to the maximum extent permitted by law.
We, and our licensors and suppliers, disclaim any and all warranties, express or implied, whether verbal, in writing or in electronic form. This disclaimer includes, but is not limited to:
- warranties about the accuracy, suitability, reliability, title, merchantability, non-infringement, quality, completeness or fitness for a particular purpose of the Site, the Products or a third-party website or product;
- warranties about the results or outcome of using the Site or the Products;
- warranties that the functions of the Site or Products will be without fault, uninterrupted, timely or secure, that defects will be corrected or that the Site or the server that makes it available are free of viruses or other harmful components; and
- any other warranty, condition, guarantee or representation.
If dissatisfied with the Site or the Products, or with any of these Terms of Service, the only remedy is to discontinue using the Site and the Products.
You indemnify us
You agree to indemnify, defend and hold us harmless from any and all claims, damages, costs and expenses (including legal fees) arising from or in any way related to use or attempted use of the Site or the Products, including any liability or expense incurred by you or any third parties through you.
You also agree to indemnify, defend and hold us harmless from all claims, damages, costs and expenses (including legal fees) relating to:
- your breach of these Terms of Service, including, but not limited to, any errors, inaccuracies, misrepresentations or defects in any materials or information submitted by you; or
- your violation of any law or the rights of a third-party.
Disputes settled informally or by arbitration
If you have any concern, claim or dispute about the Site or the Products, you must first try to resolve the dispute informally by contacting us. Similarly, if we believe we have a claim against you, we will do the same with you.
If this does not resolve the issue, you acknowledge and agree that any claims and disputes arising out of or relating to these Terms of Service, or your use of the Site or the Products, must be resolved through final and binding confidential arbitration in Frankfurt Germany. Such arbitration will be to the exclusion of the courts and pursuant to the rules of the German Arbitration Institute (DIS).
You acknowledge and agree that you are waiving the right to a trial by jury, and that the rights you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist.
Any decision by the arbitrator will be binding on you and us, and the costs of the arbitration will be borne by the non-prevailing party.
You acknowledge and agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class action proceeding against us.
These Terms of Service are governed by and shall be construed in accordance with the laws of the state of NSW, Australia.
You acknowledge and agree that by visiting, purchasing, using or accessing any part of the Site or the Products you will submit to the exclusive jurisdiction of the courts having jurisdiction in the state of NSW, Australia.
We retain the right to bring proceedings against you in your country of residence or any other appropriate country or jurisdiction.
These Terms of Service contain all the terms of your agreement with us when you use or access any part of the Site or the Products. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated, unless indicated in these Terms of Service.
In the event of any inconsistency between these Terms of Service and any information posted on the Site or made available through the Products, these Terms of Service shall prevail.
Waiver and severability
Our failure to enforce any provision of these Terms of Service or respond to a breach by you or others shall not constitute a waiver of our right to enforce any provision of the Terms of Service as to that breach or any other.
If any part of these Terms of Service is deemed unenforceable or invalid by an arbitrator or an appropriate court of competent jurisdiction, then:
- the other parts will continue in full force and effect; and
- if the unenforceable or invalid provision could be changed and interpreted to accomplish the objectives of the provision, such change and interpretation will be made effective to the greatest extent permissible by law (for example, if a provision would be 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).
Amendment to these Terms of Service
We may from time to time change these Terms of Service. The most current version of the Terms of Service will always be available on the Site, and it is your responsibility to review it regularly.
If you use or access any part of the Site or the Products following the posting of any changes to the Terms of Service, you agree to be bound by the revised terms. If you do not agree to any of the new terms, you are not permitted to use the Site or the Products and your only remedy is to discontinue using them.
“Days” means calendar days.
“Force Majeure” are forces beyond our control and include, but are not limited to, acts of God, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, local or international crises such as pandemics, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
“Product” means any of our products or services that you purchase, use or access, including, but not limited to, infused and blessed jewellery or crystals, books, malas, magnets etc.
“Refund Period” means 30 days from the date you ordered the Product, or 7 days after you receive the Product (whichever is later).
“Site” means www.sriavinashinfused.com which is owned and operated by Sri Avinash Do Mission Inc, and it includes the Site Content.
“Site Content” includes, but is not limited to, all uploaded files, text, videos, audios, articles, file content, codes, news, tutorials, courses, webinars, layout design, instructions, data, graphics, trademarks, logos and forum posts contained on the Site or in connection with the Products.
“We”, “us”, “our” etc. means Sri Avinash Do Mission Inc (ABN 33 615 322 430), whose registered address is PO Box 3094, Uki, NSW 2484, Australia, and includes any subsidiaries, affiliates, directors, employees, volunteers, officers, agents or assigns.
“You” or “your” etc. means the individual accessing or using the Site or the Products, or the company or other legal entity on behalf of which such individual is accessing or using the Site or the Products, as applicable.
For any questions or notices, please contact us via our details below:
Sri Avinash Infused
54504 Wittlich, Rheinland-Pfalz
From within Germany: 0170 923 5598
From outside Germany: +49 170 923 5598
Updated 11 September 2021