TEA WITH KARIN

 

TERMS & CONDITIONS.

 

These terms and conditions apply to the use of this Site, including the purchase and use of the Tea With Karin Course and any other products or services offered on this Site. In using this Site or the Services, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, please discontinue using this Site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this Site.

 

DEFINITIONS

"ACL" means the Australian Consumer Law Schedule of the Competition and Consumer Act;

"Consumer" is as defined by the ACL;

"Contract" means any contract for the provision of the Tea With Karin Course or any other Services offered by us to you via the Site;

“Course” means the online Tea With Karin course made available through the Site;

“Linked Sites” has the meaning given to it in clause 18 of these Site Terms;

"Online Content" means the content provided on the Site or through the Tea With Karin Course, including any information, instructional materials, text, photographs, videos and audio content;

"Services" means any products or services provided to you via the Site, including but not limited to the Tea With Karin Course, tea leaf readings and tea card readings;

"Site" means the website www.teawithkarin.com and includes without limitation all subpages and any other websites on which these Site Terms appear;

"Site Terms" means these terms and conditions;

“Us/We” means Tea With Karin and Karin Dalton-Smith, jointly and severally; and

"You" means the person using the Site or the Services;

 

APPLICATION OF SITE TERMS

  1. Through this Site:

    1. you can register as a member;

    2. purchase access to the Services; and

    3. access the Online Content, subject to being eligible.

  2. By using this Site or purchasing the Services, you acknowledge that you agree to these Site Terms.

  3. The Site Terms may be amended from time to time without notice.  Any amendment will be effective immediately upon being posted on this Site. Your continued use of this Site or the Services after any amendment becomes effective and will constitute your agreement to be bound by these Site Terms, as amended.

 

MEMBER INFORMATION

  1. You may be prompted to register for access to this Site and to submit certain information in order to fully utilise the Services and Online Content (“Member Information”).  The Member Information may include, but is not limited to, your name, contact details and credit card or other payment details.

  2. You are responsible for maintaining the confidentiality and security of your password login details. You are responsible for any and all activities on this Site which occur under your login password.

  3. We may terminate your membership at any time by notice to you. You may also terminate your membership at any time by written notice to us, subject to payment of any outstanding fees.

  4. You are responsible for the content of all Member Information entered on this Site. All Member Information you enter must be accurate, complete and not misleading.

  5. You must indemnify Tea with Karin and Karin Dalton-Smith personally for any losses, costs, expenses or damages that may be suffered or incurred if any of the Member Information provided by you is incorrect.

 

PRIVACY

  1. Tea With Karin may collect, use, store, record and transmit your personal information entered on this Site, including but not limited to your Member Information.  Your continued use of the Site and your provision of your personal information constitutes your approval for us to store and deal with your personal information.

  2. Tea with Karin may be legally obliged to disclose certain information that we hold. You acknowledge and agree that if we receive an order issued by a court or a subpoena or an enforceable order, notice or direction from a law enforcement or government agency, we must comply with it and will do so without your consent or prior notice.

 

SECURITY OF INFORMATION

  1. Any Member Information or data which you transmit to Tea With Karin is transmitted at your own risk.

  2. You agree that you will not share your password login, let anyone else access your account, or do anything that might put the security of your account at risk.

  3. We reserve the right to delete and/or amend your password login in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of this Site.

 

LINKS TO OTHER SITES

  1. You may be able, through hypertext or other computer links, to gain access to other sites operated either by us, our affiliates or other third parties (“Linked Sites”) from time to time.  Unless otherwise specified, the Linked Sites are not under our control. The Linked Sites may have different terms and conditions and privacy requirements.  Unless otherwise specified, we are not responsible for the content of any Linked Sites, or any changes or updates to such sites.  We provide these links for your convenience only.  You link to any such Linked Sites at your own risk. We are not a party to any transaction between you and a Linked Site. Unless specified, we do not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.

 

DISCLAIMER (USE OF THE SITE)

  1. Tea With Karin does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the Online Content or that it is suitable for your intended use.  The Online Content is provided in good faith on an "as is" basis without warranty of any kind.

  2. Your use of this Site and the Online Content is at your own risk and subject to your own interpretation.

  3. All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Site or the Online Content is expressly excluded to the maximum extent permitted by law.

  4. We make no warranties, guarantees or representations that the material in this Site will not cause damage or that the material is free from any computer virus or other defects. 

 

LIMITATION OF LIABILITY (USE OF THE SITE)

  1. We will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Online Content on this Site.  Under no circumstances will we be liable for any direct, indirect, incidental, special or consequential loss or damage.

  2. The information provided does not constitute legal, psychological, medical, business or financial advice. The recipient of a tea leaf reading or tea card reading is responsible for all of their own choices and/or actions.

  3. Where liability cannot be excluded, any liability incurred by Tea With Karin or Karin Dalton-Smith is limited to the re-supply of the Online Content on the Site or the reasonable costs of having the Online Content re-supplied.

 

THIRD PARTY MATERIAL

  1. Certain Online Content may include material from third parties.

  2. You agree that we are not responsible for examining or evaluating the content or accuracy of the third party material and that we do not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.

  3. You agree that you will not use any third party material in a manner that would infringe or violate the rights of any other party and that we are not in any way responsible for any such use by you.

 

INTELLECTUAL PROPERTY

  1. You acknowledge and agree that all intellectual property rights (whether registered or not and including but not limited to copyright and trade marks) in the Site, the Tea With Karin Course, the Online Content and the Services is owned and remains the property of Karin Dalton-Smith.

  2. No part of the Site, the Tea with Karin Course, the Online Content or the Services may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without our prior written consent.  However, you may download and print these Site Terms for your personal non-commercial use.

  3. Those who choose to work with the "Tea With Karin®™" tea leaf reading card and/or tea leaf reading charm systems for other than personal use must give credit/acknowledgement to "Tea With Karin®™" on any website and/or promotional products.

 

MEMBER SUBMISSIONS

  1. From time to time, you may be able to post reviews, feedback and/or comments regarding the features of this Site or the Services (Member Submissions).  You irrevocably grant to us a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of us all moral rights in any jurisdiction. 

  2. You agree not to post any review or comment that contains any unlawful, threatening, abusive, defamatory, obscene, or infringing material.  If you do, you agree to indemnify us for any losses, costs, expenses or damages that we may suffer or incur as a result.  

 

PRICING AND PAYMENT FOR SERVICES

  1. You agree to pay for the Services made available for purchase through the Site in the manner specified in these Terms and on the Site.

  2. Payment for the Services must be made by credit card immediately prior to confirmation of your order, or such other payment accepted by us in our discretion. You will not be able to access the Services until payment is received.

 

TERMINATION OF ACCESS

  1. Access to this Site and the Services may be terminated at any time by us without notice. The Disclaimer in these Terms will nevertheless survive any such termination.

 

USE OF SERVICES

  1. You may not and may not authorise any third person to:

    1. copy, distribute, transmit, transfer, communicate, disseminate, display, perform, reproduce, publish, license, transfer, or sell the Services or Online Content;

    2. modify or make any alterations, additions or amendments to any part of the Services or Online Content;

    3. create derivative works from the Services or Online Content;

    4. convert the Services or Online Content into an electronic format other than the one in which it was supplied;

    5. reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Services or Online Content or reproduce all or any portion of the said components; or

    6. remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices.

 

LIABILITY (SERVICES)

  1. Except as the Site Terms specifically state, the agreement between you and us does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Services or any contractual remedy for their failure.

  2. For legal reasons, we must inform you that tea leaf readings and tea card readings are provided for ‘entertainment purposes only’ and serve only as a guide with the intention of helping the recipient become more self aware of their current circumstances. All tea leaf reading and tea card reading recipients must be over 18 years of age.

  3. If you are a Consumer, nothing in the Site Terms restricts limits or modifies your rights or remedies against us for failure of a statutory guarantee under the ACL.

  4. Nothing in the Site Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.

  5. You acknowledge that you have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by us in relation to the Services their use or application.

 

MISCELLANEOUS

  1. By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of Victoria.  If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.  

  2. Our failure to enforce any of these Site Terms shall not be construed as a waiver of any of our rights.

  3. If any term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Site Terms without affecting the enforceability of the remaining terms.

 

CONTACT

  1. If you have any queries about the Site Terms, please contact us using the information below:

 

Karin Dalton-Smith

Email: info@teawithkarin.com

 

 

March 2018

Copyright © 2013 - 2019  Tea With Karin®™ Site & Content. All rights reserved.

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