WEBSITE TERMS OF USE

Welcome to our website. This website with URL address is owned and operated by My Prana Portal (ABN 83 661 721 544)

The terms ‘us’ or ‘our’ or ‘we’ refers to Avanti Singh, the owner of the website My Prana Portal, whose registered office is in , Australia. The term ‘you’ or ‘your’ refers to the website user.

My Prana Portal is a business that provides the following services and products;

  • Psychology sessions
  • Meditation sessions

Please read these Terms and Conditions carefully, as together with our Privacy Policy it sets out your important rights and obligations in relation to:

  1. the use of this website
  2. all services and products provided through this website.

Should you not agree with any of these terms and conditions, please do not use our website.

Your use of this website is subject to the following terms and conditions:

When you visit this website and use our services or purchase our products you agree that you have read these Terms and all related documents and that you are willing to be bound by them.

The content of this website is for your general information and use only. It is subject to change without prior notice.

Variation

We may update our terms and conditions from time-to-time and the new provisions will apply from the date they are updated.

GENERAL DISCLAIMER

Whilst every care is taken, My Prana Portal, Avanti Singh and any related websites or staff does not provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose.

The information available through this website site is provided for  education purposes only.

You are solely responsible for any results you obtain as a result of using the information on this website.

You acknowledge and agree that no information or advice provided by us including that contained on this website any way constitutes  advice or advice of any other regulated industry or creates a warranty of any kind with respect to this website.

This disclaimer applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of this website or the services found on this website.

MEDICAL, HEALTH, PSYCHOLOGICAL & COACHING ADVICE DISCLAIMER

The Author provides the Site and the services, information, content and/or data (collectively, "Information") contained therein for informational purposes only. The Author does not provide any medical, health, psychological or coaching advice on the Site, and the Information should not be so construed or used.

Using, accessing and/or browsing the Site and/or providing personal or medical information to the Author does not create a clinician-client relationship between you and the Author. Nothing contained in the Site is intended to create a clinician-client relationship, to replace the services of a licensed, trained physician/clinician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state or country.

You should not rely on anything contained in the Site, and you should consult a physician/clinician or health professional or coach licensed in your state or country in all matters relating to your physical and mental health. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the Site.

FINANCIAL, LEGAL AND OTHER DISCLAIMER

You hereby acknowledge that nothing contained in the Site shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the Author. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the Site.

 INFORMATION DISCLAIMER

The opinions expressed in the Site are not necessarily the opinions of the Author. The Site is created by the Author in the Author's individual capacity.  Any opinions of the Author on the Site are or have been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, for use in or in connection with any legal proceeding.

The Information may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Information may become out-of-date. The Author undertakes no obligation to update any Information on the Site; provided, however, that the Author may update the Information at any time without notice in the Author's sole and absolute discretion. The Author reserves the right to make alterations or deletions to the Information at any time without notice.

 POSTING GUIDELINES

The Site is open to the public. Therefore, consider your comments carefully and do not include anything in a comment that you would like to keep private. By uploading or otherwise making available any information to the Author in the form of user generated comments or otherwise, you grant the Author the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein.

You are responsible for the content you post. You may not impersonate any other person through the Site. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person's privacy rights, or is otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. You may not post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.

By submitting or posting content on the Site, you grant the Author and any company substantially under the control of the Author, the right to remove any content or comment that, in Author's sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant the Author and any company substantially under the control of Author the right to modify, adapt, and edit any content.

RESPECTFUL AND PROFESSIONAL CONDUCT POLICY

By submitting support tickets and by joining and participating in any Facebook group or other social media channels run by this company, you agree to maintain a respectful and professional demeanour in all interactions with our staff. We are committed to fostering a positive and inclusive environment, and as such, we will not tolerate any form of rudeness, obnoxious behavior, unprofessional conduct, or abusive language. Any member who violates this policy, either within the group or in their communication through support tickets, will be immediately removed from the group. We appreciate your understanding and cooperation in maintaining the integrity of our community and in providing a safe working environment for our staff.

 THIRD PARTY LINKS AND ADVERTISEMENTS DISCLAIMER

The Site may, from time to time, contain links to third party web sites. These links are provided solely as a convenience to you and not as a guarantee, warranty, or recommendation by the Author of the services, information, content and/or data on such third party web sites or as an indication of any affiliation, sponsorship or endorsement of such third party web sites. The Author is not responsible for the content of linked third party web sites and does not make any representations or warranties regarding the privacy practices of, or the content or accuracy of materials on, such third party websites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party websites is subject to the terms of use for such sites.

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION OF, AND THE AUTHOR MAKES NO REPRESENTATIONS AND/OR WARRANTIES ABOUT, ANY PRODUCT OR SERVICE CONTAINED THEREIN.

 DISCLAIMER OF ALL WARRANTIES

The Information made available at the Site is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the Author makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information, that the Information may be relied upon for any reason or that the Information will be uninterrupted or error free or that any defects can or will be corrected.

Without limiting the generality of the foregoing, the Author makes no representations or warranties with respect to any Information offered or provided within or through the Site regarding treatment of medical conditions, action, or application of medication.

Under no circumstances, as a result of your use of the Site, will the Author be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages.

Without limiting the generality of the foregoing, the Author shall have absolutely no liability in connection with the Site for:

1. damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, nondelivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;

2. any loss or injury caused, in whole or in part, by the Author's actions, omissions, or negligence, or for contingencies beyond the Author's control, in procuring, compiling, or delivering the Information;

3. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or

4. any decision made or action taken or not taken in reliance upon the Information.

 RESERVATION OF INTELLECTUAL PROPERTY RIGHTS

The Site is protected by Australian copyright laws. The Author hereby reserves any and all intellectual property rights in the Site.

 AGE RESTRICTION

The Site is intended for persons eighteen (18) years or older. Persons under the age of eighteen (18) should not access, use and/or browse the Site.

 INDEMNIFICATION

You agree to indemnify and hold the Author harmless from any claim or demand, including attorneys fees, made by any third party as a result of (1) any content posted or made available by you on this Site, (2) any violation of law that occurs by you through the Site, and/or (3) anything you do using the Site and/or the Information contained therein.

 INVALIDITY

If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.

 GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS

This Agreement and your use of the Site, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to conflict of laws principles, and you agree to submit to the jurisdiction of courts in the State of New South Wales You further agree that any claims or causes of action arising out of or related to this Agreement and the Site, along with the Information contained therein, shall be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.

 ENTIRE AGREEMENT

You hereby acknowledge that this Agreement represents the entire understanding between you and the Author concerning your use of the Site and the Information contained therein.

 MODIFICATION

The Author may, in the Author's sole and absolute discretion, modify the terms and conditions of this Agreement in whole or in party at any time for any reason without any notice to you, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the Site.

SUBMITTING AN ORDER

By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:

  • you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
  • you are authorised to use the debit or credit card you provide with your Order.

Submitting an Order constitutes your intention and offer to enter into these terms where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.

These terms are not agreed between you and us until we have approved your payment, and you receive an email from us confirming that your order is being processed.

ACCOUNTS

To place an Order and/or purchase a Product, it may be necessary for you to sign up, register, and create an account on the Website (referred to as an Account).

During the registration process for your Account and throughout your usage of the Website, you may need to provide personal information and details, including but not limited to your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and any other information as determined by us from time to time.

You are responsible for ensuring that all information provided during the Account registration process is accurate, truthful, valid, and up-to-date.

Upon completion of the Account registration process, we reserve the right to, at our sole discretion, accept you as a registered user of the Website, and grant you access to your Account.

We hold the right, at our sole discretion, to suspend or terminate your Account for any reason, including failure to comply with the terms outlined in this agreement.

PRODUCTS

We will make every effort to ensure that the Products (physical, digital or consulting) you receive are substantially similar to the ones displayed on our Website or as agreed upon in writing prior to placing your Order. Please be aware that due to variations in screen display, color and brightness, and image quality, there may be slight differences between the Products and the images on our Website.

Unless otherwise specified, the availability of the Website and Products will be limited to a specific timeframe, as stated on the Website during your Order.

PAYMENT

All prices are:

  • Per unit, unless otherwise specified; and
  • Subject to change without notice before you finalise an Order.

Payment obligations: Unless specifically agreed upon in writing, you are required to make full payment for all Products at the time of placing an Order.

GST: Unless stated otherwise, the amounts indicated on the Website do not include Goods and Services Tax (GST). For any taxable supply made by My Prana Portal, you are responsible for paying the applicable GST upon receiving a tax invoice.

Card surcharges: My Prana Portal  reserves the right to apply additional charges for credit card payments, debit card payments, or payments made with any other form of charge card (including Visa, MasterCard, or American Express).

Online payment partner: We may utilize third-party payment providers (Payment Providers) to handle the collection of payments for Products. Your payment process with the Payment Provider will be subject to their own terms, conditions, and privacy policies, in addition to these terms. We are not liable for the security or performance of the Payment Provider. We reserve the right to rectify any errors or mistakes in the payment collection, either by ourselves or by instructing our Payment Provider to do so.

Pricing errors: If we discover an error or inaccuracy in the price of your order, we will make every effort to contact you and promptly inform you of the situation. You will then have the choice to proceed with the order at the correct price or cancel your order. If you decide to cancel your order and payment has already been deducted, a full refund will be credited back to your original payment method.

GIFT CARDS, COUPONS AND DISCOUNT CODES

Gift Cards:

  • We have the option to issue Gift Cards that can be used on our Website (referred to as Gift Cards).
  • Gift Cards can be used for online purchases on our Website and can be redeemed during the checkout process, following the instructions provided on the Gift Card or through any other communication provided to you.
  • Gift Cards are not considered as legal tender, account cards, credit or debit cards, or securities. They cannot be reloaded, exchanged, or redeemed for cash, discounts, or any other item apart from our Products.

Coupons and discount codes:

  • We may offer promotional materials and discount codes that provide a reduction in the price of our Products (referred to as Coupons).
  • To use a Coupon, you will need to enter the unique code associated with it during the checkout process.
  • Coupons cannot be applied retroactively to previous Orders. They cannot be transferred to others, and they are non-refundable, non-exchangeable, and cannot be redeemed for cash or store credit.
  • If there are any additional terms or conditions that apply specifically to a particular Coupon, those will be clearly stated on the Coupon itself.

RETURNS AND REFUNDS

We will provide a full refund of the purchase price for a Product in the following circumstances:

  • If you did not receive a Product you ordered solely due to our failure;
  • If the Product provided to you does not substantially match the Product you ordered as displayed on our Website (with reasonable allowance for variations in screen display, color and brightness, and image quality); or
  • If a Product is found to be faulty, as outlined below.

Change of mind returns:

Please note that we do not accept returns or offer refunds for change of mind.

Personal Consulting

There are no refunds for personal consulting.

Digital Products

There are no refunds for digital products that have been delivered.

Process for faulty products:

If you believe a Product you received is faulty, please contact us using the contact details provided on our Website and provide a detailed description of the fault.  After reviewing the situation, if we reasonably determine that the Product is not faulty or the fault is due to fair wear and tear, misuse, or lack of reasonable care, we will decline the return.

If we agree that the Product is faulty, you will be eligible for a full refund of the amount paid. Additionally, you may request a refund, exchange, or store credit. Refunds will be credited back to your original method of payment, unless you request and we approve an alternative method.

Failure to comply with the provisions outlined in this clause 6 regarding faulty Products may result in our discretion to issue only a partial refund or no refund at all.

Please note that this clause does not limit or affect any rights you have under applicable law or any manufacturers' warranties that may apply.

Please note: Only products that have been paid in full are covered by this refund policy.

  1. Copyright, trademarks and other intellectual property

My Prana Portal  owns the intellectual property rights in all of the content of this website or has permission to use or display the material on this website.

You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us.

Please email [email protected] if you require permission to reproduce any of the contents of this website.

Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright.

You must seek permission from the third party before using any of their content. The names of actual companies and products mentioned on this website may be the trademarks of their respective owners.

  1. Personal use only

You may access, download, or print material from the website for your personal use only.

Sharing any intellectual property or copyright material from this website for commercial use of any sort, without permission is expressly prohibited.

You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our website content or our intellectual property.

  1. No unlawful or prohibited use

As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions.

You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other person’s use and enjoyment of this website.

You agree not to hack into areas of this website that are not intentionally made available to you.

You expressly agree not to:

engage in any internal or external spamming, or other similar actions

engage in any unlawful or immoral acts, or acts that are in violation of these terms and conditions

decompile, reverse engineer, or try to copy or imitate this website or underlying content

use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software.

use data collected from the website for any direct marketing activity (including without limitation email marketing, social media marketing, online marketing, SMS marketing, telemarketing, and direct mailing).

use data collected from the website to contact individuals, companies or other persons or entities for marketing purposes.

You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and not misleading.

  1. Copyright infringement

If you believe that there is material on our website that infringes third party intellectual property rights, please email [email protected] with sufficient information to enable us to determine who the owner of the intellectual property is and to remove it from the My Prana Portal website if appropriate.

  1. Cookies

This website uses cookies to monitor browsing preferences.

By using our website or by agreeing to this Terms of Use, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

  1. Third-party links

This website may also, on occasion, include links to other websites which are not controlled by us.

These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk.

Third-party links on our website do not signify that we recommend or endorse the websites.

We have no control over the nature, content and availability of those websites.

  1. Website security

My Prana Portal makes every effort to maintain the security of the My Prana Portal website including but not limited to encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business. However, we do not guarantee the security of the website, our records, or your content.

My Prana Portal, Avanti Singh and any related websites or staff disclaims all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are advised to install and maintain up-to-date security software on your computer for your further protection.

The My Prana Portal website is managed by third-party services; therefore, the website may be inaccessible from time to time.

  1. Limitation of Liability

My Prana Portal, Avanti Singh and any related websites or staff will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of

Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.

  1. Indemnity

You agree to indemnify and defend My Prana Portal, Avanti Singh and any related websites or staff from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

your unauthorised use of this website, or products or services included or advertised on this website

your breach of these Terms of Use.

  1. Applicable law

This agreement is governed by the laws of the  and you consent to the exclusive jurisdiction and venue of courts within the , in all disputes arising out of or relating to the use of this website.

You may provide notice to us through the contact us page or otherwise by email addressed [email protected]

[My Prana Portal may provide notice to you via email or other electronic means.

Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation, this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to stop using this website.

  1. Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and My Prana Portal, Avanti Singh/any related websites or staff as a result of this Agreement or use of this website.

  1. Validity

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

These terms and conditions together with our Privacy Policy  form the entire agreement between you and My Prana Portal.

  1. Feedback, comments or complaints

If you have any questions, please email [email protected]. We endeavour to respond to all inquiries within three business days.

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