Terms of Use

Introduction
These are the terms of use for http://www.heartfulnessinstitute.org.au (Site). The Site is operated by
or on behalf of Heartfulness Institute Limited (the Institute) Australia, incorporated as a public company limited by guarantee and registered as a Not-for-Profit Charity under the Australian Charities and Not-
for-Profit Commission (ACN 080 974 456) having its registered office at Unit 5, 26 Hammond Road Cockburn Central WA 6164.

Your use of the Site will be subject to these terms and by using the Site you agree to be bound by
them. Use of your personal information submitted to or via the Site is governed by our Privacy and
Cookies Policy.

We reserve the right to change these terms from time to time by changing them on the Site. These
terms were last updated on 01-August-2023.


Access to the Site
The Site is intended for use only by persons who are at least 18 years of age. By using the Site, you
confirm to us that you meet this requirement and that, if you are under the age of 18, you have received
permission from your parent or guardian before using the Site.

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile
device) meets all the necessary technical specifications to enable you to access and use the Site and
is compatible with the Site.

We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire
Site, to users who have registered with us. You must ensure that any registration details you provide
are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password
or other identifier) as part of our security procedures, you must treat such information as confidential
and must not reveal it to anyone else. You are responsible for all activities that occur under your log-
on ID and must notify us immediately of any unauthorized use or other security breach of which you
become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have
failed to comply with any of the provisions of these terms or if any details you provide for the purposes
of registering as a user prove to be false.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be
times when certain features, parts or content of the Site, or the entire Site, become unavailable
(whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our
sole discretion, without notice to you. You agree that we will not be liable to you or to any third party
for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or
content of the Site.


What you are allowed to do

You may only use the Site for non-commercial use and only in accordance with these terms. You may
retrieve and display content from the Site on a computer screen, print and copy individual pages and,
subject to the next section, store such pages in electronic form. Additional terms may also apply to
certain features, parts or content of the Site and, where they apply, will be displayed on-screen or
accessible via a link.


What you are not allowed to do
Except to the extent expressly set out in these terms, you are not allowed to:

  • ‘scrape’ content or store content of the Site on a server or other storage device connected to
    a network or create an electronic database by systematically downloading and storing all of
    the content of the Site;
  • remove or change any content of the Site or attempt to circumvent security or interfere with
    the proper working of the Site or the servers on which it is hosted; or
  • create links to the Site from any other website, without our prior written consent, although you
    may link from a website that is operated by you provided the link is not misleading or deceptive
    and fairly indicates its destination, you do not imply that we endorse you, your website, or any
    products or services you offer, you link to (and do not frame or replicate) the home page of the
    Site, and the linked website does not contain any content that is unlawful, threatening, abusive,
    defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the
    intellectual property rights or other rights of any third party.

You must only use the Site and anything available from the Site for lawful purposes (complying with
all applicable laws and regulations), in a responsible manner, and not in a way that might damage our
name or reputation or that of any of our affiliates.


All rights granted to you under these terms will terminate immediately in the event that you are in
breach of any of them.


Intellectual property rights
All intellectual property rights in any content of the Site (including text, graphics, software, photographs
and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except as
expressly set out here, nothing in these terms gives you any rights in respect of any intellectual
property owned by us or our licensors and you acknowledge that you do not acquire any ownership
rights by downloading content from the Site. In the event you print off, copy or store pages from the
Site (only as permitted by these terms), you must ensure that any copyright, trade mark or other
intellectual property right notices contained in the original content are reproduced.

Site features and content
We may change the format, features and content of the Site from time to time. You agree that your
use of the Site is on an ‘as is’ and ‘as available’ basis and at your sole risk.

Whilst we try to make sure that content on the Site consisting of information of which we are the source
is correct, you acknowledge that the Site may make content available which is derived from a number
of sources, for which we are not responsible. In all cases, information on the Site is not intended to
amount to authority or advice on which reliance should be placed. You should check with us or the
relevant information source before acting on any such information.

We make or give no representation or warranty as to the accuracy, completeness, currency,
correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and,
to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are
hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of
you or anyone else using the Site or relying on any of its content.

We cannot and do not guarantee that any content of the Site will be free from viruses and/or other
code that may have contaminating or destructive elements. It is your responsibility to implement
appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your
particular requirements as to the safety and reliability of content.

User content
The Site may, from time to time, allow you to upload user-generated content and may also allow you
to communicate that content, either to selected recipients or in public areas, such as comments pages,
chat rooms, message boards, and/or news groups (collectively User Content Areas). We do not
control the material submitted to User Content Areas (collectively User Submissions), nor are User
Content Areas actively moderated. You are solely responsible for the content of your User
Submissions as submitted by you and acknowledge that all User Submissions express the views of
their respective authors, and not our views.

If you participate in any User Content Areas, you must keep all User Submissions relevant to the
purpose of the User Content Area and the nature of any topic.

User Submissions must not:

  • contain, transmit, distribute, link to or otherwise make available, or advertise or promote any
    content that infringes any intellectual property rights or data protection, privacy or other rights
    of any other person, is defamatory or in breach of any contractual duty or any obligation of
    confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence
    or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or
    embarrassment, knowingly false or misleading, or that does not comply with all applicable laws
    and regulations or is otherwise objectionable (“Prohibited Content”);
  • impersonate any person or entity or otherwise misrepresent your relationship with any person
    or entity;
  • contain, transmit or distribute any unsolicited or unauthorized advertising, marketing or
    promotional material or other form of solicitation (spam); or
  • transmit or distribute any virus and/or other code that has contaminating or destructive
    elements.

You agree that, by submitting any User Submission, you grant us and our affiliates a perpetual,
irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and
display such User Submission (in whole or part) and/or to incorporate it in other works in any form,
media or technology, and you waive any moral rights you may have in, or to be identified as the
author, of such User Submission.

Whilst we do not pre-screen User Submissions, we reserve the right, in our sole discretion, to delete,
edit or modify any User Submission submitted by you and/or to close any topic, at any time without
notice to you.

Complaints about the content of any User Submission must be sent to au.secretary@srcm.org and
must contain details of the specific User Submission giving rise to the complaint.

External links
The Site may, from time to time, include links to external sites, which may include links to third party
offers and promotions. We include these to provide you with access to information, products or
services that you may find useful or interesting. We are not responsible for the content of these sites
or for anything provided by them and do not guarantee that they will be continuously available. The
fact that we include links to such external sites does not imply any endorsement of or an association
with their operators or promoters.


Limitation of Liability
The Institute and our directors, officers, agents, volunteers, employees and affiliates will not be liable
for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use
of the Site.


Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless The Institute and
our directors, officers, volunteers, agents, employees and affiliates from any actions, claims, losses,
damages, liabilities and expenses including legal fees arising out of your use of our Site or your
violation of these terms and conditions.


Applicable Law
These terms shall be governed by the laws in force of the State of Western Australia. You and we both
agree that the courts of Western Australia will have exclusive jurisdiction except that if you are a
resident in another jurisdiction, you may also bring proceedings in your home jurisdiction.


Dispute Resolution

Subject to any exceptions specified in these Terms & Conditions, if you and The Institute are unable
to resolve any dispute through informal discussion, then you and Heartfulness Institute agree to submit
the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The
decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party
acceptable to both you and The Institute.


Severability
If at any time any of the provisions set forth in these Terms & Conditions are found to be inconsistent
or invalid under applicable laws, those provisions will be deemed void and will be removed from these
Terms and Conditions. All other provisions will not be affected by the removal and the rest of these
Terms and Conditions will still be considered valid.


Contacting us
Please submit any questions you have about these terms or any problems concerning the Site by
email to au.secretary@srcm.org or write to us at:

Heartfulness Institute Limited
Unit 5/26 Hammond Road
Cockburn Central
WA 6164
Australia