Terms & Conditions
for www.qalasriama.com
Introduction
This agreement applies as between you, the User of this Website and Qala Sri’ama Phoenix T/A The Sirius Library, the owner of this Website. Your agreement to comply with and be bound by Clauses 1 – 19 of these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that Qala Sri’ama Phoenix T/A The Sirius Library makes available through the Website either now or in the future;
"Services": means the services available to you through this Website;
"Premises": Means Our place of business located at PO Box 242, Bangalow, NSW, 2479, Australia;
"System": means any online communications infrastructure that Qala Sri’ama Phoenix T/A The Sirius Library makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by Qala Sri’ama Phoenix T/A The Sirius Library and acting in the course of their employment;
"Website": means the website that you are currently using www.qalasriama.com and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means Qala Sri’ama Phoenix T/A The Sirius Library, a company registered with the Australian Securities and Investments Commission (ASIC) with Australian Business Registration Number (ABN): 13 525 126 118 of: PO Box 242, Bangalow, NSW, 2479, Australia
1. Definitions and Interpretation:
In this Policy the following terms shall have the following meanings:
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Data": means collectively all information that you submit to the Website. This includes, but is not limited to, information submitted using any of our Services or Systems;
"Qala Sri’ama Phoenix T/A The Sirius Library ": means Qala Sri’ama Phoenix T/A The Sirius Library, PO Box 242, Bangalow, NSW, 2479 Australia;
"Service": means collectively any online facilities, tools, services or information that The Sirius Library makes available through the Website either now or in the future;
"System": means any online communications infrastructure that Qala Sri’ama Phoenix T/A The Sirius Library makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by Qala Sri’ama Phoenix T/A The Sirius Library and acting in the course of their employment; and
"Website": means the website that you are currently using: www.qalasriama.com and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult.
3. Intellectual Property
3.1 Subject to the exceptions in Clause 4 of these Terms and Conditions, all Content included on the Website, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Qala Sri’ama Phoenix T/A The Sirius Library, Our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Australian and International intellectual property and other laws.
3.2 Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
4. Third Party Intellectual Property
4.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
4.2 Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
5. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Part III of the Australian Copyright Act 1968 apply.
6. Links to Other Websites
This Website contains links to other sites. Unless expressly stated, these sites are not under the control of Qala Sri’ama Phoenix T/A The Sirius Library or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
7. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.qalasriama.com without our prior permission. Deep linking (i.e. links to specific pages within the site) requires our express written permission. To find out more please contact Us by email at: admin@thesiriuslibrary.com.
8. Use of Communications Facilities
8.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
8.1.1. You must not use this Website for any unlawful purpose. This includes submitting content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, insulting, harmful, threatening, harassing, defamatory, slanderous, disparaging, intimidating or discriminatory based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
8.1.2 You must not use this Website to solicit others to perform or participate in any unlawful act;
8.1.3 You must not infringe upon or violate our intellectual property rights or the intellectual property rights of others;
8.1.4 You must not upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet;
8.1.5 You must not collect or track the personal information of others using this Website with the intention of using this information to spam, phish, pharm, pretext, spider, crawl or scrape, or for any obscene or immoral purpose;
8.1.6 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
8.1.7 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
8.1.8 You must not impersonate other people, particularly employees and representatives of Qala Sri’ama Phoenix T/A The Sirius Library or Our affiliates; and
8.1.9 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
8.2 You acknowledge that Qala Sri’ama Phoenix T/A The Sirius Library reserves the right to monitor any and all communications made to Us or using Our System.
8.3 You acknowledge that Qala Sri’ama Phoenix T/A The Sirius Library may retain copies of any and all communications made to Us or using Our System.
8.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
9. Privacy
Use of the Website is also governed by Our Privacy Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click HERE.
10. How We Use Your Personal Information (Data Protection)
10.1 All personal information that We may collect (including, but not limited to, your name and email) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
10.2 We may use your personal information to:
10.2.1 Provide Our Services to you;
10.2.2 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
10.3 We will not pass on your personal information to any other third parties without first obtaining your express permission.
11. Disclaimers
11.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
11.2 By using our services, you agree that Qala Sri’ama Phoenix T/A The Sirius Library is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold Qala Sri’ama Phoenix T/A The Sirius Library liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by Qala Sri’ama Phoenix T/A The Sirius Library. All information provided on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to, substitute professional, medical, financial or legal advice. Results are not guaranteed and Qala Sri’ama Phoenix T/A The Sirius Library takes no responsibility for your actions, choices or decisions.
11.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
11.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
11.5 All information provided on the website is not a substitute for medical treatment or therapy, if you have a serious health issue or mental imbalance, please see a Doctor or other appropriate Health Care Professionals. You may utilise complementary healing as one part of your complete Health Care Program. In no event can Qala Sri’ama Phoenix, The Sirius Library or The Divine University be liable, directly or indirectly, for damages resulting from the information or data provided, or for the loss of profits through the use or misuse of said information and data, either via its use, through Use of the qalasriama.com website, or through negligence or any other actions.
12. Changes to the Facilities and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
13. Availability of the Website
13.1 The Website is provided “as is” and on an “as available” basis. Qalasriama.com uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
13.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
14. Limitation of Liability
14.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
14.2 Nothing in these Terms and Conditions excludes or restricts Qala Sri’ama Phoenix T/A The Sirius Library’s liability for death or personal injury resulting from any negligence or fraud on the part of Qala Sri’ama Phoenix T/A The Sirius Library.
14.3 Nothing in these Terms and Conditions excludes or restricts Qala Sri’ama Phoenix T/A The Sirius Library’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
14.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
15. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
16. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
17. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Qala Sri’ama Phoenix T/A The Sirius Library.
18. Communications
18.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to admin@thesiriuslibrary.com. Such notice will be deemed received 5 days after posting if sent by express post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
18.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
9. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Qala Sri’ama Phoenix T/A The Sirius Library shall be governed by and construed in accordance with the Laws of New South Wales and Australia and Qala Sri’ama Phoenix T/A The Sirius Library and you agree to submit to the exclusive jurisdiction of the Courts of New South Wales, Australia.