Terms


The below contents will cover the following:

  • Terms & Conditions of using this Website
  • Terms & Conditions of Sales
  • Disclaimer
  • Acceptable Use Policy

For our Privacy Policy, please see the Privacy link in the footer of this website.

Please NOTE that: AVOX Pty Ltd has the right to amend any of its policies without any notice.


TERMS & CONDITIONS


GENERAL INFORMATION

This website, www.spiritualsoda.com is run and maintained by Maxima Miller from AVOX Pty Ltd, a company registered in Australia, and with Australian Business Number 81 601 301 982. Our email address is info@spiritualsoda.com.au

AVOX Pty Ltd, via the website Spiritualsoda.com, provides business coaching and mentoring services, in the form of face to face, remote and online training sessions and the sale of digital products such as online courses and physical products such as books, which may be purchased through the site.

These Website Terms and Conditions cover the terms on which you may use the site. By using this site you accept that you are bound by these terms and conditions. If you do not accept them, please do not use the site.

USER RIGHTS OF ACCESS

You have permission for temporary, non-exclusive use of the site. AVOX Pty LTD reserves the right to withdraw or change the content of the site and these Terms and Conditions at any time without notifying you and without having any legal responsibility towards you.

You are not allowed to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any part of the site.

You are also not allowed to licence, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the site and/or any documents or online resources (including our digital products after these have been purchased by you) on the site available to any third party.

You are responsible for configuring your own computer and software to access the material and content on our site including downloadable files and resources when purchasing our digital products. We do not warrant that the way we deliver data to you is compatible with your software or with the way your mobile device, computer or tablet is configured. Although we do our best to protect our site, we are not responsible for any viruses, bugs or similar issues. We advise that you use your own virus protection software to protect yourself.

You must treat all identification codes, passwords and other security information that you obtain from the use of the site and (where applicable) for you to access parts of the site, as confidential. If we think you have failed to keep confidentiality, we may disable any such information, including your passwords and other codes.

You agree to follow our Acceptable Use Policy.

If you allow anyone else to use our site, you must make sure that they read these terms and conditions first, and that they agree to and follow them.

If you do not use the site according to the law and these terms and conditions, we may suspend your usage, or stop it completely.

We frequently update the site and make changes to it, but we have no duty to do this. This means that content on the site may be outdated or incorrect. We will have no liability to you for any losses or damage you may suffer from your reliance on any of our materials.

We do not save your credit card details or share customer details with any third parties and we follow our Privacy Policy in handling information about you. By using the site, you agree to us handling this information and confirm that data you provide is accurate.

Our site uses cookies. More information is provided in our Cookie Policy.

CONFIDENTIALITY

Personal information or business information that you supply to AVOX Pty Ltd through the site, other than information that is in the public domain, will be treated confidentially and in line with our Privacy Policy. Confidential information will not be disclosed to any Third Party, including for the purposes of marketing, without your prior permission. We will only disclose your information if it is necessary for the performance of our services or where so required by law.

VARIATION

We may change these terms and conditions from time to time. Please ensure that you check for any changes regularly, as you are bound by them if you use this site.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or licensee of all intellectual property rights in the site in all of the material hosted on the site including any databases that hold relevant information about the site and its products and services. They are protected by copyright or trademark registration and you may only use any such material and the documents in line with these terms and conditions and this paragraph specifically. If you do not use the materials in line with these terms and condition and this paragraph specifically, you lose your right to use our site and must destroy or return any copies of documents you have made of it or any part of it. We reserve all our rights conferred to us by law to remedy any such breach.

All of the products and services that are available for sale on our site are owned or controlled by our licensors, or us. Upon payment of the price for any of these digital products, we grant you a non-exclusive, non-transferable licence to use the digital products for your own personal, non-commercial use.

You shall not redistribute, transmit, assign, sell, commercially exploit, broadcast, modify, adapt, edit, sub-licence, rent, share, lend, or transfer any digital products that you purchase through this site.

OUR RESPONSIBILITY TO YOU

We do not guarantee the accuracy of material, products or services on our site, and you are responsible for the way you use its content.

We shall not limit or exclude our liability for:

  • death or personal injury;
  • fraud or fraudulent misrepresentation; or
  • any act, omission or matter, liability for which may not be excluded or limited under any Applicable Law.

We shall not be liable to you for any indirect, special or consequential loss or damage, including:

  • loss of profit;
  • loss of goodwill;
  • loss of savings; or
  • loss of contract.

We also exclude, but only as far as legally possible, all terms and warranties or promises implied by law or by statutes.

Although we try to make the site available at all times, we do not warrant that your use of the site will be uninterrupted. We are not responsible for any loss or damage you may suffer resulting from any interruptions, errors or the transfer of data and you acknowledge that the site may be subject to limitations, delays and other issues.

Any duty of care owed to you by us is owed to you alone and no duty of care is owed to any third party and we do not assume any responsibility to any third party in respect of the performance of our duties to you.

LINKS TO OUR SITE OR OTHER SITES

You are allowed to make a link to our site’s homepage from your website if the content on your site meets the standards of our Acceptable Use Policy and provided you do not suggest any endorsement by us or association with us unless we provide an agreement in writing. We reserve the right to end this permission at any time.

Links from our site to other sites are only for information. We do not accept any responsibility for other sites, the accuracy of their content or any loss you may suffer from using and relying on them.

COMPUTER OFFENCES

If you do anything which is a criminal offence such as for example; introducing viruses, worms, Trojans and other technologically harmful or damaging material) your right to use the site will end immediately, we will report you to the relevant authorities and provide them with details of your identity.

You must not try to obtain access to our server or any connected database or make any ‘attack’ on the site.

VIOLATION OF THESE TERMS AND CONDITIONS

Any violation of these Terms and Conditions may give rise to legal action. We reserve the right to immediately remove your access to the website, including any products or services offered through the website, without refund, if we determine you are in violation of any of the Terms and Conditions, Coaching Agreement or Privacy Policy.

APPLICABLE LAW

Any dispute arising from these terms and conditions shall be governed by and construed in accordance with the law of Australia, NSW and you irrevocably agree that the courts of Australia, NSW shall have exclusive jurisdiction to settle any arising dispute.

If any part of these terms and conditions is held to be invalid or unenforceable, the remaining terms and conditions will continue in full force and effect.

COMPLAINTS

If you have any questions or a complaint about the service provided by us please contact info@spiritualsoda to make your complaint.



 

TERMS AND CONDITIONS OF SALE



The below Terms and Conditions of Sale (terms of sale) set out the terms applicable to the sale of our products and services for your information. Each time you purchase any product or service from our site, you thereby confirm your agreement to the applicable terms and conditions of sale.

PURCHASE OF PRODUCTS AND SERVICES

AVOX Pty Ltd through the website Spiritualsoda.com offers a range of services and products. You may purchase digital products directly through the site.

These terms of sale (together with any relevant documents referred to in them and including our Website Terms and Conditions) set out the terms on which we supply any of the following products via our site to you:

  • Digital downloads of audio products to your computer or mobile device
  • Digital downloads of video products to your computer or mobile device
  • Digital downloads of supporting materials, e.g. PDFs.
  • Physical product, e.g. books
  • Services, e.g. coaching services, retreats

PRODUCTS AND SERVICES

Each time that you purchase products or services through the site, you automatically confirm that you have read, understood and accept our terms of sale. Please read these terms of sale carefully before ordering any product or service from our site. If you have any queries on these terms please contact us at info@spiritualsoda.com before placing any order.

By placing an order for products or services through our site, you warrant that you are legally capable of entering into binding contracts, that you are at least 18 years old and that you are purchasing our products and services for your private, non-commercial use only. You further warrant that you will not copy, rent, hire, record, edit, clip, exchange, lend, allow for the public performance, broadcasting, downloading or sharing of physical products, services or files or of access details, with anybody else other than may be allowed under the terms of any licence that is granted to you as a part of the sale.

By placing an order for products or services through our site you agree that we may store, process and use personal data collected from you for the purposes of processing/fulfilling your order, as well as for the purpose of sending you the Spiritualsoda Newsletter. (If you don't want to receive this Newsletter, you can unsubscribe at any time.) We work with third parties to process your payment (for example, PayPal) and they will also have access to your personal data to enable them to help us process/fulfil your order only. More information on how we may store, process and use your personal data is contained in our Privacy Policy.

All of the products and services that are available for sale on our site are owned or controlled by our licensors, or us. Upon payment of the price for any of these products or services, we grant you a non-exclusive, non-transferable licence to use the products or services for your own personal, non-commercial use.

You shall not redistribute, transmit, assign, sell, commercially exploit, broadcast, modify, adapt, edit, sub-licence, rent, share, lend, or transfer any product or service that you purchase through this site.

You are responsible for ensuring that you do not lose, destroy, or damage any Product you purchase through this site.

You are responsible for ensuring that any hardware you use to download and/or access our digital products function correctly with this site. You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. We are not obliged to ensure that our products are compatible with every manufacturer of mobile handsets.

PURCHASE OF SERVICES

More details on our services can be found on our website. If you wish to purchase services or would like more information on our services, please contact us at info@spiritualsoda.com.

If you purchase any services from us, a separate agreement will be executed between you and AVOX Pty Ltd which will be subject to a specific set of terms and conditions suitable for that agreement. It may be that some terms and conditions are the same or similar to those contained in these Website Terms and Conditions and Terms and Conditions of Sale, but they may vary to suit the relevant agreement at that time. AVOX Pty Ltd will make those terms and conditions known to you and those will apply to any contractual agreement if you agree and it is concluded.

PLACING AN ORDER

After placing an order for any product or service via our site, you will receive an on-screen message and e-mail from us acknowledging receipt and setting out the details of your order.

The contract for the purchase of any product or service will only be formed when you’ve placed the order (and automatically agreed to our terms of sale), we have received payment in full and we make the product or service available. We reserve the right, in our sole discretion to reject any order we receive.

AVAILABILITY

All products and services featured on our site are subject to availability. We reserve the right to change or remove a product, service or other content on the site at any time without notice or liability to you.

Digital products will normally be available to download within 1 hour upon purchase. There may be occasions when they are not available and we make no guarantee that any digital product ordered will be made available within 1 hour (for example, if the site is taken down for maintenance or there is another technical issue). In such cases, we will use our best endeavours to give you access to your downloadable digital products as soon as possible following your purchase.

Where we are unable to provide you with any digital products that you have purchased, you agree that we can offer you either alternative goods to a similar value (upon your agreement that the alternative goods are suitable) or a complete refund. We will not be liable for our inability to fulfil a particular order from you.

We aim to send out physical products within 2 business days, but are not responsible for any delays.

PRICE AND PAYMENT

The price of any product and service will be as quoted on this site at the current time and will be shown inclusive of any GST. We reserve the right to make certain products or services available only as part of a different purchase, for example, as part of a product- or service package.

Prices for products and services are liable to change at any time, but changes will not affect orders in respect of which we have already taken payment and made the download available.

Please note that some network/service providers may charge you an additional amount for downloading digital products to a mobile handset. We recommend that you contact your network/service provider to understand the nature and extent of any additional charges before downloading to a mobile device. Note that overseas roaming charges may also apply. We will not be held liable for any such charges.

By providing the details of a credit or debit card or payment account to be debited, you confirm that you are authorised to purchase the products or services and that you have the permission of or are the holder of the credit or debit card, PayPal or other account being used to pay for the transaction. All card payments and cardholder details may be subject to validation checks carried out by us and/or the card issuer. If any validation checks are required, we will not be held liable for any delays or non-delivery nor are we obliged to.

In respect of validation checks and authorisation carried out by the card issuer, if the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery or any bank charges applied to you. We are not obliged to inform you of the reason for the refusal.

CANCELLATIONS AND REFUNDS

Coaching

You may postpone a coaching appointment by written notice up to 48 hours prior to the appointment, and make a new appointment. If you choose the cancel any appointment, NO REFUND will be provided.

Events

Cancellation policy and refund policy for any event is included in the event's brochure and may be different for each event. Please carefully read the brochure.

Digital products

We DO NOT offer refunds for digital products, including eBooks, eCourses, etc. 

If the digital product was faulty, we will replace the product within 2 working days.

Physical products

  • If we have accidentally sent you the wrong product, and you want to cancel the order, we will give you a FULL REFUND, including any handling and delivery costs.
  • If you have received a faulty product, we will replace the product if possible. If the product you ordered is no longer available, we will give you a FULL REFUND, including any handling and delivery costs.
  • For any other reasons than the above reasons, we DO NOT offer refunds.

Steps for returning a physical product:

  • Send an email to info@spiritualsoda.com 
  • We will send you information on how to return the product and give you a return address.

EVENTS OUTSIDE OUR CONTROL

We will not be liable for any failure or delay to perform any of our obligations under a contract for a digital product that is caused by events outside our reasonable control.

 


DISCLAIMER


HEALTH DISCLAIMER

Our Services provide lifestyle-related information, applications and content and are intended only to assist users in their personal healthy lifestyle efforts and goals. 

AVOX Pty Ltd is providing these services as non-medical services and the Coaching is not medical coaching and our staff cannot give you medical advice or diagnosis. Nothing contained in our Website or through the Coaching or products or other services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician if you are in any physical or mental pain or discomfort. 

You represent that you are in good enough health to begin using our Services, which may include changes to your diet and/or physical activity, and/or other lifestyle related behaviours. Individuals with chronic diseases or health problems supervision are specifically warned to seek professional medical advice prior to initiating any lifestyle change effort.

If you have been diagnosed with a chronic disease or other health condition, you represent that you have obtained approval from your health care provider to receive the products or services before using them and that you will be actively supervised by your health care provider while utilizing our products or services. 

User participation and engagement are required. User acknowledges that results may vary, despite your efforts, and AVOX Pty Ltd cannot guarantee that you will achieve your lifestyle-related goals.

INDEMNIFICATION

You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from your improper use of our Website, Mobile APP, our products, offerings, or services (including, without limitation, the coaching), your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.


ACCEPTABLE USE POLICY


INTRODUCTION

The terms of our Acceptable Use Policy may change, so we advise you to check this page as if you use our site, you are bound by it.

USE OF OUR SITE

You agree not to use this site for any of the following purposes:

  • to break any laws or regulations;
  • to do anything fraudulent, or which has a fraudulent effect;
  • to harm or attempt to harm minors;
  • to do anything with material that does not meet our content standards (these are listed below);
  • to copy in any way or re-sell any part of our site;
  • to interfere with or damage any part of our site, equipment, network, software or storage arrangements;
  • for unsolicited advertising material (known as spam);
  • to transmit any data or material that is harmful to other programs, software, or hardware.

CONTENT STANDARDS

Our content standards apply to all material that you contribute either to our site or to any social media groups you may gain access to through the purchase of any of our Services or Products and to all our interactive services.

Your contributions must be accurate (if they are factual), genuine (if they state opinions) and within the law.

Your contributions must not be defamatory, obscene or offensive, likely to deceive, harass, annoy, threaten, or invade someone else’s privacy. Your contributions must not promote material that is sexually explicit, promote violence or discrimination based on race, sex, religion, nationality, age, disability, or sexual orientation, infringe anyone else’s intellectual property, be used to impersonate anyone, or misrepresent anyone’s identity or encourage or assist anything that breaks the law.

INTERACTIVE SERVICES

Where we provide use of interactive services (e.g. through one of our Facebook Groups), we will tell you clearly about the service, we will tell you what form of moderation we use for the site, we will try to assess risks on the site (especially for children) and will moderate if we think it is appropriate.

We are not however required to moderate our interactive service and we will not be responsible for any loss or damage to anyone who does not use our site according to our standards (whether or not we have moderated the service).

NOTICE FOR PARENTS

Our services are not intended for the use of minors under the age of 18. However, if you allow a child to use any of our interactive services, this will be subject to parental consent. If you permit your child to use the service we advise you to explain the risks as moderation is not always effective. Please contact us if you have a concern about moderation.

SUSPENSION AND TERMINATION

If we believe you are in breach of our Acceptable Use Policy, we will take whatever steps we think are necessary to address this, including stopping your use of the site temporarily or permanently, removing material you have put on the site or any of our social media groups, sending you a formal warning, taking legal action and/or telling the relevant authorities.

We will not be held liable for any of your costs arising from any actions we take to deal with any breach of this policy.


Last updated on: 21 June 2019