Terms & Conditions

ISWARA WEBSITE TERMS AND CONDITIONS

 

1. ABOUT

Thank you for choosing and using our website located at www.iswara.life (“Site”). This Site is owned and operated by Iswara (ABN 51 880 574 636) (“Iswara”) and these terms and conditions (“Terms”) govern your use of our Site.

This Site delivers online modules and courses (“Digital Content”) to its members (“Members”) and the opportunity to browse as well as purchase products and services offered by Iswara (“Products and Services”).

These Terms, along with our ‘Privacy Policy’, which form a part of these Terms, govern your use of the Site and the purchase of our Products and Services.

Please read our Terms and Privacy Policy carefully before using the Site and accessing our Products and Services because the Terms and our Privacy Policy create a binding contract between you and Iswara. Please contact Iswara at [email protected] if you have any questions before purchasing our Products and Services.

Iswara’s Products and Services are intended for people aged 18 and over. If you are a minor, a person who has legal authority must agree to these Terms on your behalf.

We may update these Terms from time to time. Any changes to these Terms will be effective from the date published on our Site.

 

2. GENERAL DISCLAIMER

(1) Iswara Products and Services are intended for general education and for information purposes only. Nothing on this Site, or any of the information and content provided to you under the supply of our Products and Services, purports to offer medical or other professional advice.

(2) Iswara provides tools, strategies, guidance and support for you to set transformational goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such choices and decisions, is your sole responsibility. Your growth and success depend on many factors, including your dedication, participation, your motivation, desire and background.

(3) Examples and testimonials within our marketing materials are not to be taken as a guarantee that you will achieve the same or even similar results.

(4) You acknowledge and agree that Iswara, its principals, directors, employees and representatives are not responsible for the decisions that you make nor issues that may arise out of your personal or business circumstances or the decisions made by you at any time.

 

3. MEMBERSHIP REGISTRATION AND ACCEPTANCE OF TERMS

By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, or purchasing tickets to attend any Iswara Events, you agree to be bound by these Terms, which you acknowledge that you have read and understood.

To obtain access to the Products and Services on our Site, Member must sign up for a member portal account (“Account”).

By registering for a login Account on our Site, by clicking the “Join” or “Complete my purchase” button you agree to our Terms and our Privacy Policy.

As part of the registration process for our Products and Services, Member must provide current, complete and accurate identification, and other information required during the registration process including but not limited to:

(a) name;
(b) address;
(c) phone number;
(d) a valid email address;
(e) user name and password (“Login Details”);
(f) other information as applicable to set up and administer Account to access the Products and Services.

(“Member Data”).

By visiting, registering for, or using the Site, Member agrees that Iswara may send direct communications including short message service (SMS) to the email addresses and mobile devices that Member makes available.

Member owns all right, title and interest in Member’s Data. Member grants to Iswara, or to any third parties used by us a license to use Member Data in order for Iswara to perform its obligations under these Terms.

If Member Data changes, Member must promptly update Account to reflect those changes.

 

4. MEMBER OBLIGATIONS

(1) As a Member of the Site, Member agrees that:

(a) an Account is personal to Member;
(b) Member will abide by all safety guidelines and regulations posted in the Digital Content;
(c) Member is solely responsible for maintaining the confidentiality of Account and the secrecy of the Login Details;
(d) Member must not authorise or permit anyone else to access Account by using the Login Details;
(e) if Account has been compromised in any way, Member must contact Iswara immediately;
(f) Member’s access to and use of the Site is non-transferable except as permitted by these Terms;
(g) Member will use the Site only for purposes permitted by these Terms; and
(h) Member will abide by any applicable law, regulation or generally accepted practices or guidelines related to the Products and Services in the relevant jurisdictions.

(2) Member warrants that:

(a) Member is fully able to participate in the Products and Services offered by Iswara without undue risk;
(b) Member is legally capable of entering into contracts; and
(c) Member is authorised to access our Site and that all relevant consents have been obtained to use our Products and Services.

(3) Member will not:

(a) distribute, sell, publish, enable or allow access to Account except directly to access Member Products and Services;
(b) use the Digital Content for any commercial purpose not authorised in writing by Iswara;
(c) hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Site or the Products and Services or our copyright material or any part of it;
(d) use the Products and Services in any way prohibited by law, regulation, governmental order or decree;
(e) introduce any computer code or routine that is harmful, destructive, disabling or which assists in or enables theft, alteration, denial or service, unauthorised disclosure or destruction or corruption of data, including viruses, worms, spyware, adware, keyloggers, trojans, time bombs and any new types of programmed threats;
(f) remove, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices contained on the Site or in the Products and Services; and
(g) not sell, lease, publish, redistribute or sub-license the Digital Content or any of our copyright material.

(4) When using our Products and Services, Member may be given access to our Facebook groups, in person forums (“Iswara Community”), other online forums, workshops, retreats or events in which Member may post or share comments, photos, messages or other material (“Member Content”).

(5) When posting or sharing comments photos, messages or other Member Content, Member agrees that Member will not publish or post through this Site or our Iswara Community any of the following:

(a) content that is abusive, offensive, inflammatory, fraudulent, misleading, unlawful, deceitful, threatening, abusive, defamatory, libellous, obscene, pornographic, lewd, indecent, threatening or otherwise objectionable;
(b) content that intimidates, harasses, degrades or is hateful to an individual or our Iswara community of individuals on the basis of religion, sexual orientation, gender, race, ethnicity, age or disability;
(c) information about another person without their consent, that includes personal or any identifying information;
(d) unless expressly permitted by Iswara, information that constitutes promotion or advertisement for groups, events, workshop, retreats, or activities organized through competing social clubs, activity sites and internet platforms;
(e) any information or any content that impersonates any person or any entity;
(f) material or non-public information about others and or companies without authorization to do so; or
(g) any solicitation, advertisement, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial material or communication except or otherwise expressly permitted by Iswara.

(6) By publishing Member Content or by posting on our Site or Iswara Community, Member:

(a) grants Iswara a worldwide, royalty-free, non-exclusive, perpetual, license to use, edit and reproduce the Member Content and posts in any form and for any purpose;
(b) warrants that Member has the right to grant the above licenses; and
(c) warrants that Member Content does not breach these Terms and Member consents to any act or omission which would otherwise constitute an infringement of Member’s moral rights, and
(d) if Member adds any content in which any third party has moral rights, Member must also ensure that the third party also consents in the same manner.

(7) Iswara reserves the right but we have no obligation to:

(a) review, reformat, modify, remove or reject Member Content that in our opinion violates these terms or has the potential to harm or violate the rights of any person; and
(b) monitor use of the Site, or store or disclose any information that we collect.

(8) Iswara reserves the right to deny anyone access to an Account at any time for breach or suspected breach of these Terms.

 

5. FINANCIAL TERMS

Member agrees to pay the fees (“Fees”) advertised on our Site for the purchase of our Products and Services.

Payment of our Fees may be made through the gateway payment provider made available on the Site (“Payment Processing Service”). Member authorises Iswara to automatically charge Member the Fees through the Payment Processing Service, together with any processing or other associated fees charged by the Payment Processing Service.

In using the Payment Processing Service, as a Member, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Processing Service including the relevant fees and charges applied by the Payment Processing Service for online payment gateway services.

Iswara reserves the right to increase or change the Fees advertised on the Site at any time.

Members are responsible for ensuring that sufficient funds are available at the time of payment processing and that credit card details are correct in order to access our Products and Services.

If there are payment failures due to insufficient funds, incorrect or outdated payment information, Iswara reserves our right to:

(a) recover payment and deny a Member access to our Products and Services; or
(b) cancel or suspend a Member’s Account if we are unable to process the Fees for our Products and Services; and
(c) inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.

Iswara endeavours to work with Members who have financial difficulties to ensure actions such as above listed do not happen. If you, as a Member, are having difficulties or require a payment plan, please contact us.

Iswara will be entitled to add on GST for any supply of its Products and Services in Australia. Purchasers outside of Australia will be responsible for any sales tax, customs duty or any other taxes and charges levied on the supply by any government and regulatory authority worldwide.

The Products and Services delivered to Member are exclusive and personal to Member. Member must not allow another user without a licence to use any of the Products and Services that Iswara delivers to Member under these Terms.

We may suspend or terminate an Account if any misuse of fraudulent activity is detected.

Member access to the Products and Services will be disabled when Account is suspended, terminated or when Member membership ends.

The cost details of Iswara Products and Services are available on the Site and will be updated from time to time.

From time to time, Iswara may offer Members the opportunity to purchase additional Products and Services at a discounted rate. Only active Members in good standing at the time of purchase are eligible for this discount.

Invoices for Iswara Products and Services are automatically generated and can be requested at any time by emailing [email protected].

In circumstances where Iswara invoices Member for payment of Fees, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the date may lead to termination of or suspension of use of the supply of Iswara’s Products and Services.

If Member is experiencing financial hardship or difficult personal circumstances that are preventing Member from actively participating in The Stay Tuned membership, Iswara may, in our sole discretion, allow Member to pause membership. Please email [email protected] if this is the case.

 

6. REFUND POLICY

(1) Except as required by the Australian Consumer Law, any Fees paid by Member are final and non-refundable.

(2) Should Member wish to obtain a refund, Member may contact Iswara within fourteen (14) calendar days of performance of our Products and Services or any part thereof to report any discrepancies or faults to make a claim.

(3) Refunds are made in our discretion subject to any guarantees that cannot be excluded by law.

(4) Iswara will facilitate a refund if Iswara is unable to facilitate the completion of the Products and Services or if the delivery of our Products and Services is defective or if Iswara determines, in our absolute discretion, it is reasonable to do so.

 

7. EVENTS

For the purpose of paragraphs below, all workshops, retreats, and other presentations hosted by Iswara will be referred to as ‘Event’.

Our Events are strictly adults only to ensure a quiet working environment for other attendees.

Iswara reserves the right to exclude a Member from any Event should Member, in our sole determination, be disruptive.

Member accepts and understands that Iswara may record any aspect of an Event (still photography, audio and or video recording). You grant Iswara a worldwide, royalty-free, non-exclusive, perpetual, license to use, edit and reproduce those recordings for advertising and marketing purposes or for the creation of promotional materials in physical or digital form.

Member waives any and all legal rights Member may have against Iswara and its representatives in respect of recordings of Member’s participation in any Iswara Event including any intellectual property claims. Member grants to Iswara the absolute right and permission to use and publish the recordings where Member may be included in whole or in part without any restrictions or changes or alterations from time to time in any media or format now or later known for artistic, advertising, commercial, marketing or any other legal purposes.

Member waives any right that Member may have to inspect or approve the finished product/s of any printed matter or recordings and how these may be used.

Member hereby releases, discharge and agrees to hold Iswara harmless from any and all liability that has or may occur in the making of the recordings or the product of any publications in any format or through any channel.

In the unlikely event that Iswara cancels an Event, Member will receive a full refund of the purchase price paid for the Event. Iswara will not reimburse any additional costs or expenses including but not limited to flights and accommodations.

 

8. CODE OF CONDUCT

The Site, the Iswara Learning Academy, and the Iswara Community is a space for learning and is a solicitation-free, pitch-free and sales-free environment.

While using any of the Iswara Sites or engaging in our Iswara Community, we ask that Member does not:

(a) collect personal data about other members or users for any unlawful or commercial purposes;
(b) contact any person who has requested not to be contacted;
(c) infringe other Members privacy rights;
(d) post any content that contains software viruses or any other harmful code;
(e) violate the intellectual property of others;
(f) use automated or manual software, robots, devices, or other means or processes to access the Site or any related data or information.

Please see our Iswara Community Guidelines in the Appendix to these Terms for more information.

 

9. CONFIDENTIALITY

We respect Member’s confidentiality, ideas, plans, proprietary information and trade secrets and by using Iswara’s Products and Services, Member agrees to respect the same rights of Iswara in relation to its Product and Services and that of participants and representatives of Iswara.

Member agrees:

(a) not to disclose any confidential information shared by participants or any of Iswara representatives during sessions, workshops, retreats, or during any other training sessions;
(b) that any confidential information shared by Members or any of our Iswara team representatives is confidential and proprietary and belongs solely and exclusively to the participant or Member who discloses it or to Iswara;
(c) that all information and or materials provided to Member by Iswara are Iswara’s confidential and proprietary information and intellectual property. These belong solely and exclusively to Iswara and may be used by Member only as authorised by Iswara in writing;
(d) that if Member violates or threatens to violate any of the terms contained in these Terms that Iswara will be entitled to, among other things, injunctive relief to prohibit such violations or breaches.
(e) that Member must keep the experience and statements (oral or written), of other participants and Members in the strictest of confidence. Member may discuss Member’s personal results from our Products and Services.

 

10. INTELLECTUAL PROPERTY

In these Terms:

Intellectual Property (Rights)” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.

Works” means any material made available on the Site and included our Products and Services, including (without limitation) written texts, documents, articles, news, newsletters, posts, commentaries, surveys, data, photographs, pictures, graphic works, video, or images.

Member acknowledge that ownership of the Intellectual Property Rights relating to the Site or our Products and Services is the property of, licensed by or vest on creation in Iswara.

The Works on the Site or generated by or related to any of our Products and Services including our Digital Content (“Copyright Material”) are subject to copyright and owned by the copyright owner. The Copyright Material on the Site is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Copyright Material and compilation of the Site (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us. Data procured from a third party may be the subject of copyright owned by that third party.

The Site and the Copyright Material or any part of it (including, without limitation, any content or images) may not be copied, reproduced, adapted, publicly displayed, duplicated, translated or distributed in any way (including mirroring) to any other device, server, Site or other medium for publication or distribution, without our express prior written consent. Members shall take due care to protect the Intellectual Property Rights licensed via our Products and Services from unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication.

All Intellectual Property including any trade marks, service marks, trade names and any other proprietary designations are owned, registered or licensed by us. Any other trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties.

Unless otherwise stated, Iswara retain all rights, title and interest in and to the Copyright Material on the Site and delivered under our Products and Services.

“Iswara” and all associated trade marks on the Site are our trade marks or any related entities.

The obligations accepted by Members under this clause survive termination or expiry of these Terms.

 

11. LICENSE GRANT

Iswara grants to Member a limited, non-exclusive, non-transferable, non-sublicensable and revocable license (“License”) to access the Site and to interact with and use our Products and Services for the term of Member’s membership solely in connection with Member rights under these Terms.

These Terms do not constitute a sale or transfer of any of Iswara’s Copyright Material and Member must not use, post or upload the Copyright Material or any version of it on any application that enables other people to create and share content or use our Copyright Material on the Internet including on any social networking websites or applications.

This Licence may be terminated at any time in our sole discretion if Member uses the Site or the Products and Services except as permitted by these Terms.

 

12. TERMINATION

These Terms will continue to apply until terminated by either the Member or by us as set out below.

Member may terminate the Products and Services by cancelling the Member’s Account at any time through the cancellation option in the user interface in Member’s Account.

Iswara may terminate these Terms without notice to Member if:

(a) Member has breached any provision of the Terms;
(b) Iswara believes that Member is making unauthorised or improper use of the Products and Services;
(c) Iswara is required to do so by law;
(d) without cause or notice if the provision of the Products and Services to Member by Iswara is, in the opinion of Iswara, no longer commercially viable.

Iswara reserves the right to discontinue Account at any time and may suspend or deny, in our sole discretion, Member’s access to all or any portion of the Products and Services without notice if Member’s conduct impacts our name or reputation or violates the rights of any other party.

The early termination of Account or the Products and Services is not a ground for a refund.

If Member has not logged into Account within a six (6) month period and the status of Account is dormant, Iswara reserve the right to unilaterally terminate Account.

 

13. DISCLAIMER

Member shall not, at any time, be obliged to act on any information, suggestion, advice or guidance (“Information”) given by Iswara as part of the Digital Content and Products and Services, but if and to the extent that it does so, it shall do so at their own risk. Member hereby unconditionally and irrevocably waives any rights of action it may have as against Iswara in relation to any such information, suggestions, advice or information. Member is advised to take independent appropriate professional or medical advice before acting on such Information given within the Digital Content and Products and Services.

Although thorough instruction is included in the Digital Content, Member participates of its own free will and accordingly, knowingly and voluntarily assumes all risks associated with the use of the Digital Content. Any information contained within the Digital Content is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or business and should not be relied upon in that regard. The Digital Content and Products and Services is not a substitute for direct, personal, professional medical care and diagnosis. If as a Member you have or suspect that you have a medical problem or impairment, contact your doctor or health care provider promptly.

Member acknowledges that Iswara does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products and Services or Digital Content other than pursuant to these Terms.

Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) Iswara will not be liable for any indirect, special or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Products and Services or these Terms (including as a result of not being able to use the Products and Services or the late supply of the Products and Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Iswara (including any third-party providers) make any express or implied representation or warranty about the Products and Services and the Digital Content. This includes (but is not restricted to) loss or damage Member might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Site, the Products and Services, or any of the Digital Content (including third party material and advertisements on the Site);
(c) costs incurred because of Member using the Site, the Products and Services or any of the Digital Content;
(d) the Digital Content or operation in respect to Site links which are provided for the Member’s convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Site; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

This clause survives the termination or expiry of this Agreement for whatever reason.

 

14. LIMITATION OF LIABILILITY

To the extent permissible at law, Iswara is not liable for any indirect, punitive, incidental, special, consequential damages including without limitation any claims, losses, liability, loss of data, loss of profits, revenue, business or goodwill arising out of or in any way connected with the provision of or failure to provide any products or services under these Terms.

Except as provided in these Terms, Iswara exclude all representations and warranties relating to the subject matter of these Terms, our Site and the supply of our Products and Services.

Iswara’s Products and Services are provided “as is” and specific results cannot be guaranteed. It is Member sole responsibility to determine that the Products and Services or any part of these meet Member’s needs or are otherwise suitable for the purposes for which they are used.

These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible Iswara limits its liability as follows, at our option:

(a) for any claims relating to these Terms, to the fees payable under this agreement (if applicable) for the preceding one (1) month;
(b) in the case of products including any digital products (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products; or (d) the payment of having the products repaired; or
(c) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

This limitation applies to any supply under or related to these Terms including the supply of the Products and Services and covers loss of data, any viruses or other disabling features that affect Member access to or use of our Products and Services, incompatibility between our Products and Services and Member hardware or software, delays or failures Member may have in using the Products and Services including any connections or transmissions that fail or are not completed in an accurate or timely manner.

These limitations and terms include but are not restricted to, loss or damage you might suffer as a result of:

(a) reliance on the completeness, suitability, accuracy or currency of information, services or products irrespective of any verifying measures taken by us, including third party material and advertisements;
(b) failure of performance, omission, interruption error deletion defect failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, theft, destruction unlawful third-party conduct, alteration or unauthorized access to records;
(c) accessing websites or servers maintained by other organizations through links on our Site, Iswara Community, products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk; and
(d) The use of credit card or other financial information, failure to complete or delay in completing any transaction or other loss or damage arising from any transaction made or attempted on our Site.

This clause survives the termination or expiry of this Agreement for whatever reason.

 

15. INDEMNITY

Member agrees to defend, indemnify and hold Iswara, our affiliates, employees, agents, contributors, third party content providers and licensors harmless from and against all actions, suits, claims, demands, liabilities, costs, expenses, losses and damage (including legal fees on a full indemnity basis) brought against or sustained by Iswara, which:

(a) is directly or indirectly caused by Member’s breach of these Terms;
(b) is directly or indirectly caused by any willful, reckless or negligent act of Member;
(c) concerns personal injury to any person caused or contributed to by Member;
(d) is caused by Member’s act or omission and constitutes a loss of or damage to property;
(e) is brought by any third-party in respect of personal injury, death or damage to third-party property; or
(f) arises from Member’s act or omission.

Except as required by law, Iswara will not be liable for any claim, loss or liability for personal injury, death or damage to Member or its property however it may be caused.

In no event will Iswara be liable to Member for any indirect, incidental or consequential damages including, without limitation, direct, indirect, special, punitive, or exemplary damages.

 

16. DISPUTES

Compulsory process

A Party shall not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a Dispute unless it has complied with this clause.

Notification

A Party claiming that a Dispute has arisen shall notify each other party to the Dispute giving details of the Dispute.

Initial period – efforts to resolve Dispute

During the 30-day period after a notice is given (or longer period agreed in writing by the Parties to the Dispute) (Initial Period) each Party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.

Mediation

If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:

(a) a mediator agreed on by the Disputants; or
(b) if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Parties must submit the dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.

Role of mediator

The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.

Information

Any information or documentation disclosed by a Disputant under this clause shall be kept confidential and may not be used except to attempt to resolve the Dispute.

Costs of mediation

Each Disputant shall pay its own costs of complying with this clause. The Disputants shall pay equally the costs of any mediator engaged.

Location, timing and attendance

The mediation will be held in Brisbane, Australia, within 30 days after expiry of the Initial Period. Each Disputant agrees to attend the mediation by a representative having full authority to resolve the dispute. At the mediation each Disputant may be represented by one or more legal representative.

Failure to resolve

If the dispute fails to resolve at mediation or if one of the Disputants fails or refuses to attend the mediation, the mediator will be requested to inform each Disputant in writing that the mediation has been terminated without resolution (Mediation Termination Notice). Upon receipt of Mediation Termination Notice, the dispute resolution process will be terminated. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, after receipt of Mediation Termination Notice.

Confidentiality

All communications concerning negotiations made by the Disputants arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.

 

17. PRIVACY

Please refer to our ‘Privacy Policy’ which is made a part of these Terms.

 

18. ADVERTISING AND LINKS

The Site may contain links and other pointers to other websites or applications operated by third parties. Iswara does not control these linked websites and is not responsible for the contents of any linked application. The links are provided solely for Member convenience and do not indicate, expressly or impliedly, any endorsement by us of the website or the products or services provided at those websites. Member’s access to any such advertisement or link is entirely at Member’s own risk. Member should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services.

 

 

19. NO WAIVER

Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

 

20. ASSIGNMENT

Member agree that Iswara may assign, transfer, sub-licence or otherwise deal with our rights and/or obligations under these Terms.

Member may not without our prior written consent assign, transfer, sub-licence or otherwise deal with any of Member rights and obligations under these Terms.

 

21. THIRD PARTY RIGHTS

An agreement under these Terms is for our benefit and Member benefit and is not intended to benefit or be enforceable by any third party.

 

22. ENTIRE AGREEMENT

Unless otherwise agreed or stated, these Terms and our Privacy Policy shall constitute the entire agreement between Member and us in relation to Member’s use of the Site and our Products and Services.

 

23. SEVERABILITY

If any part of provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of the provision otherwise it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

 

24. LAW AND JURISDICTION

The Terms and information on this Site are governed by and construed in accordance with the laws of the State of Queensland, Australia. Member submits to the non-exclusive jurisdiction of the Courts of Queensland and Courts of Appeal from them for determining any dispute concerning these Terms.

If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.

 

25. FORCE MAJEURE

Notwithstanding any other provision of these Terms, Iswara need not act if it is impossible to act due to force majeure, meaning any cause beyond our control (including war, riot, natural disaster or law taking effect after the date of these Terms). Member agree that Iswara have no responsibility or liability for any loss or expense suffered or incurred by Member because of not acting for so long as the force majeure continues.

 

26. FEEDBACK AND AUTHORISATIONS

Member feedback is important to us. Iswara encourage Members to provide feedback, reviews, comments and suggestions for improvements to the Site and our Products and Services (“Feedback“). Member may submit Feedback by emailing us at [email protected].

 

27. HOW TO CONTACT US

Member can contact us:

(a) by post at PO Box 235, SAMFORD QLD 4520, Australia
(b) by email at [email protected]

Our principal place of business is at 6 Mason Court, SAMSONVALE QLD 4520, Australia.

 

© 2019 Iswara. All Rights Reserved.

 

Terms last updated 24 Aug 2019

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