Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site (www.siddhayoga.org.au), you signify your assent to these terms of use and you agree to be bound by them. If you do not agree to these terms of use, please do not use this site.
We grant you a non-exclusive, non-transferable licence to use the site in accordance with these terms of use. You may access and use the site in the normal manner.


RESTRICTIONS ON USE OF MATERIALS

This site is owned and operated by Siddha Yoga Foundation Limited (ABN 39 101 674 300) (“SYF” / “we” / “us”), which is a separate and independent entity from SYDA Foundation (US)(“SYDA”).

 

This site may contain a variety of material, including written materials, third-party information, software, source and/or object code, data, images, video, music, sounds, live video stream content, live audio stream content, and trade marks (collectively “Content”), which is derived in whole or in part from material supplied by SYF and SYDA and other sources, including but not limited to materials protected by Australian and international laws, rules and regulations relating to intellectual property and privacy. You must not modify, copy, download, record, reproduce, republish, upload, post, transmit, or distribute in any way any Content without SYF’s prior permission and the prior permission of any third party owner of the material. You may make a copy or download one copy of Content from this site only when the rules accompanying that particular Content give express permission to do so. A copy of an event calendar may be downloaded or printed for personal use.

 

You may link to pages on our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such away as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

 

You must not misuse this site. You agree that you will not:

(a)      commit or encourage a criminal offense;

(b)      transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

(c)      hack into any aspect of the service; corrupt data; cause annoyance to other users;

(d)      infringe upon the rights of any other person;

(e)      send any unsolicited advertising or promotional material, commonly referred to as “spam”; or

(f)       attempt to affect the performance or functionality of any computer facilities of or accessed through this site.

INTELLECTUAL PROPERTY RIGHTS

Nothing in these terms of use constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in or associated with the site, including all training materials, webinars, information, text, materials, graphics, logos, button icons, images, video and audio clips, photographs, trade marks (whether registered or not),advertisements, layout, arrangement, graphical user interface, designs and trade dress, whether provided via the site or any other method or platform (Website Material).

 

All moral and intellectual rights are reserved by us and our licensors.

 

You agree that you will not copy, record, store, publish, manipulate, modify, adapt, distribute or otherwise reproduce, in any format, any of the Website Material without our express prior written permission. In particular, you will not record, publish, broadcast or redistribute any online event or webinar without our express prior written permission.

 

By posting or adding any content onto the site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing. This licence will survive any termination of these terms of use.

 

You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

 

You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in these terms of use.

 

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this site are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this site are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.


The following trade marks and service marks are owned by and registered to SYDA in Australia and are used here under license by SYF:

(Swami)MUKTANANDA, (Swami) CHIDVILASANANDA, GURUMAYI, SIDDHA YOGA, SYDA FOUNDATION,SIDDHA MEDITATION, SIDDHA PATH, SWEET SURPRISE, BIRTHDAY BLISS, SHAKTIPATINTENSIVE, UNIVERSAL HALL, BLUE PEARL, DARSHAN, DHARMA MONEY, “The Heart is the hub of all sacred places. Go there and roam.”, and the Siddha Yoga Meditation(Flame in Circle) Logo.


The following unregistered trade marks and service marks are owned by SYDA and are used here under license by SYF:

SIDDHAYOGA MEDITATION, DHYANA SAPTAH, LOVE IN ACTION, AMRIT, SHREE MUKTANANDA ASHRAM.


You may use the Site and the Content offered on the Site only for personal, non-commercial purposes. 

INFORMATION AVAILABLE ON THE SITE AND LINKED SITES

SYF does not guarantee, or assume responsibility for, the accuracy, timeliness, correctness, or completeness of the Content. Any conclusions that users draw from the information presented here are their own. You agree that you must evaluate, and bear all risk associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

DONATIONS

Donations can be made by contacting the finance department at donations@siddhayoga.org.au or via the website if we have added this functionality. We will provide you with a donation receipt in due course. Donations are non-refundable.

DISCLAIMER

The content available on this site and the third-party sites is provided “as is” and without warranties of any kind, either express or implied. SYF does not warrant that the site or any site functions will be uninterrupted or error-free, free of viruses or other harmful components, or that defects will be discovered and/or corrected. SYF does not warrant or make any representations regarding the use or the results of the use of the content available on the site or in third-party sites. In terms of their correctness, accuracy, timeliness, reliability, or otherwise. You assume the entire cost necessary for you to access and use the site.


The contents of this site are intended for informational purposes only and should not in any way be construed as constituting therapy, medical advice, or professional services of any kind. Any action or decision that you make regarding this information is entirely your own responsibility and is taken by you solely at your own risk. For your own health and well-being, please make sure that you refer any issues that maybe related to the diagnosis and treatment of the condition of a specific individual, either yourself or another, to a qualified health care professional in your local area. If you have a history of mental or physical illness or are experiencing symptoms that make you feel that you may have a mental or physical illness, we strongly recommend that you see your doctor.

LIMITATION OF LIABILITY:

This clause does not exclude or limit the application of any statutory provision, including the Competition and Consumer Act 2010 (Cth), where to do so would contravene that statute or cause any part of this clause to be void (Non-excludable condition).

 

Subject to statement above, to the full extent permitted by law:

(a)      we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these terms of use. In particular, we exclude all terms, conditions and warranties implied by custom, the general law or statute relating to the supply of goods and services; and

(b)      we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

 

Our liability to you for breach of a Non-excludable condition as it relates to the supply of goods and services is limited, at our option, to:

(a)      in the case of goods:

(i)         the replacement of the goods;

(ii)        the repair of the goods;

(iii)       payment of the cost of replacing or repairing the goods; and

(b)      in the case of services:

(i)         the supply of the services again; or

(ii)        payment of the cost of having the services supplied again.

 

You accept all risks and responsibility for all loss, damages, costs and other consequences resulting from using the site or the material on or accessible though the site.

LINKS TO THIRD-PARTY SITES:

SYF may provide relevant links to information outside of the SYF and SYDA sites (Sites) as additional resources for users of the Site. However, SYF does not endorse any views expressed, or products or services offered, through or on such third-party websites. Neither SYF nor its affiliates operate or control in any respect, or are in any way responsible for, any information, products, or services on these third- party sites. You should carefully review the terms of service and privacy policies on any such third-party site as these terms of use and SYF’s Privacy Policy do not apply to your activities on such third-party sites.

ACCOUNTS AND PASSWORDS:

If you or your organisation register an account with SYF, you are also bound by any separate account terms and conditions that may be notified to you. You agree that all information provided by you in connection with the account is accurate, you will keep your account login details confidential and you will not allow any other person to use your account, and you will be responsible for any purchases and bookings or any other activities conducted via your account. We reserve the right to suspend or terminate your account in the event that you breach any of these terms of use.

 

SYF may also introduce a password-protected section of the site, where material may be posted for a limited audience. SYF reserves the right in its absolute discretion to determine to whom it will issue passwords and grant access to this material. You agree that you will keep any password issued to you confidential and will not allow any other person to use your password or access the restricted materials. We reserve the right to suspend or terminate your access at any time for any reason.

PAYMENT

Whilst we try and ensure that all details, descriptions and prices which appear on this site are accurate, errors may occur. If we discover an error in the price of any goods or services which we have advertised, we will correct the error straight away.

 

Please note that when you submit an order through the site, no agreement is formed until we process and accept your order and send you a confirmation. If there has been an error leading to your order (such as a pricing or stock error), we may choose not to fill the order, but we will contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another). If we cannot or will not fill your order, we will process a full refund as soon as practicable.

 

You agree to pay us the purchase price listed on the site. We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice, and that such notice is given by us posting the updated price on our Website.

 

When you place an order via our site, you will receive an acknowledgement email confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.

 

You acknowledge and agree that your payment in full in cleared funds (including any shipping fees) is a condition of sale and any breach will entitle us to terminate the sale immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you will be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unless and until we receive your payment in full.

 

In making a payment, you warrant to us that you have read and agreed to the terms of any third party payment gateway or processor or credit provider available on the site, which terms are available from the third parties’ respective websites. You understand that these services are provided by third parties, and are made available to you on our site for convenience only.

 

EVENTS

You are accountable for all online bookings made and tickets purchased in your name via the site (even when made incorrectly) and the charges associated with them. We may use a third party booking service for events, in which case you warrant that you have read and agreed to the terms of the third party booking service, which will be available from the booking service website.


All events are subject to change without notice. We reserve the right to make any changes to the timetable, content, program, speakers or the online booking system at any time, and decline any booking without reason.


If we are prevented from providing the event you registered for as a result of any cause beyond our control, or the event cannot be conducted due to acts of God, strikes, labour disputes, government requisitions, restrictions or war or apparent act of war, terrorism, disaster, civil disorder, epidemic or pandemic, curtailment or restriction on transportation facilities, or any other comparable calamity, casualty or condition (collectively a “Force Majeure”)we shall have the right to immediately cancel the event without liability and shall be relieved of our obligations to you. If we are able to reschedule the event, we may, at our sole discretion, apply your registration fee to the rescheduled event.


Once you have completed your registration for an event, you will receive your registration confirmation by email. Please ensure that your valid email is entered correctly on the registration form. Be sure to check your junk email box too in case any of your emails are caught by spam filters. You will receive essential information for registered attendees electronically at the email address and mailing address that are provided on your registration form.

PRODUCTS:

You are accountable for all online purchases made in your name via the site (even when made incorrectly) and the charges associated with them.

Delivery costs will be charged in addition to the price of products. Such additional charges are estimated at the time of “checkout” and confirmed in our confirmation email.


Non delivery of goods must be reported to us as soon as possible.


All standard orders in Australia, unless requested otherwise by you prior to purchase, are sent by Australia Post, and generally without insurance or tracking. All standard international orders, unless requested otherwise by you prior to purchase, are sent by Australia Post Airmail, without insurance or tracking.

While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.


You must inspect the goods immediately upon their arrival and if the goods are not in accordance with the specified requirements then you must give notice to us within 14 days of receipt of the goods. If you fail to give such notice, the goods must be deemed to be in all respects in accordance with the specified requirements. No claim must be recognised unless made inwriting and received by us within 14 days after receipt of the goods by you. This paragraph does not apply if the goods or tickets are subject to consumer guarantees imposed under the Australian Consumer Law — where consumer guarantees apply, refer to the LIMITATION OF LIABILITY clause in these terms of use.


Please choose carefully. We do not normally give refunds if you change your mind or make the wrong decision.

Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch.

STREAMING

Delivery of online and digital products, including streaming of audio-visual content, is made using the World Wide Web, and as such is subject to you having internet access and appropriate IT equipment, resources and facilities and meeting any other technical requirements specified by us from time to time.

Streaming services are provided for your personal, non-commercial use only. You must not download (other than for temporary caching purposes as part of the video streaming process), retain, store, reproduce, republish, modify, adapt, translate or prepare derivative works from, any content streamed via the site or authorise, allow or provide the means for others to do any of these things, without obtaining our prior written permission.

You are solely responsible for paying all expenses you may incur when you access or use any of our online or digital products or streaming services, including your internet or data service provider charges and any excess charges to that provider if you have a limit on the amount of data you can download together with all costs of the required equipment and software. We are not responsible if your equipment or software is not compatible with our products or streaming services.

You must not, and must not authorise, allow or provide the means for others to, adjust or circumvent or try to adjust or circumvent any security or technical content protection measures that we may embed in our site or streaming content.

We do not guarantee that our streaming services will always be available or be uninterrupted, timely, secure or free from errors and omissions or computer viruses.

INDEMNITY:

You agree to defend, indemnify, and hold harmless SYF and its directors, officers, employees, contractors, subsidiaries, volunteers and representatives from any and all liabilities, claims, judgments, damages, costs and and expenses, that arise from (i) your use or misuse of this site; (ii) your violation of these terms of use; (iii) your violation of any law or third-party right, including without limitation any third party's intellectual property, privacy, or other rights. SYF reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SYF in asserting any available defenses. This defense and indemnification obligation will survive the termination or expiration of these terms of use.

RELATIONSHIP TO PRIVACY POLICY

SYF's Privacy Policy is hereby incorporated into and made a part of these terms of use. By using the Site, you also accept and agree to SYF 's Privacy Policy. If you have not already reviewed it, please read SYF's Privacy Policy. To the extent these terms of use conflict with the terms of our Privacy Policy, the terms of our Privacy Policy will prevail.

GOVERNING LAW

You hereby agree that these terms of use and your use of the Site shall be governed in all respects by the laws of Victoria. Each party submits to the jurisdiction of the courts of Victoria, for all disputes, cases, and controversies regarding the Site and your use of the Site.

TERMINATION

This agreement is effective until terminated by SYF, at any time with or without notice. These terms of use terminate automatically if, for any reason, we cease to operate the site. We may otherwise terminate these terms immediately on notice to you, if you have breached these terms of use in any way. In the event of termination, you are no longer authorized to use or access the site. You hereby acknowledge that the restrictions imposed on you with respect to any Content downloaded from the Site, the disclaimers and limitations of liabilities, and your indemnification obligations, shall survive the termination of these terms of use.

OTHER

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. SYF reserves the right at its sole discretion to update, modify, and revise these terms of use at anytime. Any such changes to these terms of use will be effective immediately upon posting, and your continued use of the Site following such changes constitutes your acceptance of the changed terms of use and your agreement to be bound by them.

© 2021 Siddha Yoga Foundation Limited. All rights reserved.


(Swami) MUKTANANDA, (Swami)CHIDVILASANANDA, GURUMAYI, SIDDHA YOGA, SYDA FOUNDATION, SIDDHA MEDITATION,SIDDHA PATH, A SWEET SURPRISE, BIRTHDAY BLISS, SHAKTIPAT INTENSIVE, UNIVERSALHALL, BLUE PEARL, DHARMA MONEY, DARSHAN, “The Heart is the hub of all sacred places. Go there and roam.”, and the Siddha Yoga Meditation (Flame in Circle)Logo are registered trade marks of SYDA Foundation®.

SHREE MUKTANANDA ASHRAM, SIDDHA YOGAMEDITATION, DHYANA SAPTAH, LOVE IN ACTION and AMRIT are unregistered trade marks of SYDA Foundation.

SYF in Australia uses these marks here under licence.