disclaimers, terms and conditions, privacy policy

Terms and Conditions, Agreement to Use of this Site

(a)  Welcome to www.suzmendoza.com (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’)

(b)  The Website is operated by Susanne Mendoza, Celestial Rose Pty Ltd (ACN 612 011 702). Access to and use of the Website, or any of its associated Products or Services, is provided by Susanne Mendoza, Celestial Rose Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any Services, immediately.

(c)  Susanne Mendoza, Celestial Rose Pty Ltd reserves the right to review and change any of the Terms by updating this Website page at its sole discretion.

Acceptance of Terms

You agree to and accept the Terms by remaining on the Website.

Registration 

(a) In order to subscribe to the newsletter, receive information, participate in programs and courses or to access the Purchase Services, you must first register as a user of the Website. As part of the registration process; subscribing to the newsletter, signing up for offerings programs or courses, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i)  Email address
(ii)  Preferred username
(iii)  Mailing address
(iv)  Telephone number
(v)  Password

(b)  You warrant that any information you give to Susanne Mendoza, Celestial Rose Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

(c)  Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted access to the Purchase Services.

(d)  You may not use the Website or Purchase Services and may not accept the Terms if:

(i)  you are not of legal age to form a binding contract with Susanne Mendoza, Celestial Rose Pty Ltd; or
(ii)  you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

Your Obligation as a Member

(a) As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:

(i)  the Terms;
(ii)  any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(iii)  you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use or misuse of your password by any other person may result in the immediate cancellation of the Purchase Services;
(iv)  any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Susanne Mendoza, Celestial Rose Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(v)  access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Susanne Mendoza, Celestial Rose Pty Ltd providing the Purchase Services, teachings, programs, content;
(vi)  you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vii)  you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Susanne Mendoza, Celestial Rose Pty Ltd for any illegal or unauthorised use of the Website; and
(viii)  you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

(b) You may not post, send, submit, publish, or transmit in connection with this site any material that:

(i) You do not have the right to post, including proprietary material of any third party
(ii) Advocates illegal activity or discusses an intent to commit an illegal act
(iii) Is vulgar, obscene, pornographic, or indecent
(iv) Does not pertain directly to this site
(v) Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive
(vi) Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise
(vii) Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity
(viii) Violates any law or may be considered to violate any law
(ix) Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content
(x) Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site
(xi) Solicits funds, advertisers or sponsors
(xii) Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications
(xiii) Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site
(xiv) Includes MP3 format files
(xv) Amounts to a ‘pyramid’ or similar scheme
(xvi) Disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site
(xvii) Contains hyper-links to other sites that contain content that falls within the descriptions set forth above

Purchase of Products and Enrollment

(a)  In using the Purchase Services to purchase the Product, donate online, subscribe or enrol in a course or program through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).
(b)  Payment of the Purchase Price or Online Donation may be made through a third party website (the ‘Payment Gateway Provider’). In using the Purchase Services or Online Donation, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the third party Payment Gateway Providers.
c) You agree to pay all charges including shipping and handling if incurred. You are also responsible for any applicable taxes and shipping related to your purchase or online donation
(d)  Following payment of the Purchase Price being confirmed by Susanne Mendoza, Celestial Rose Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and Susanne Mendoza, Celestial Rose Pty Ltd may record your purchase details for future use.
(e)  The Website, Susanne Mendoza, Celestial Rose Pty Ltd does not offer refunds in the event of temporary or permanent price drops following purchases at higher prices.  All sales are final.
(f) The Website, Susanne Mendoza, Celestial Rose Pty Ltd are entitled to change the pricing and availability of items offered without prior notice at any time

Copyright and Intellectual Property

(a)  The Website, the Purchase Services and all of the related products of Susanne Mendoza, Celestial Rose Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including trademarks, artwork, service marks, trade names proprietary information, applications, items, text, graphics, logos, button icons, video images, audio clips, software, legally protectable elements of the Site) (the ‘Content’) are owned or controlled for these purposes, and are reserved as the property of Susanne Mendoza, Celestial Rose Pty Ltd or its contributors. You understand you may not use or exploit any material from the Site without written permission from Susanne Mendoza, Celestial Rose Pty Ltd. All rights reserved.

(b)  Susanne Mendoza, Celestial Rose Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(i)  the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Susanne Mendoza, Celestial Rose Pty Ltd; or
(ii)  the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(iii)  a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

(c)  You may not, without the prior written permission of Susanne Mendoza, Celestial Rose Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose.

Disclaimers

(a)  You acknowledge that Susanne Mendoza, Celestial Rose Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products and Services other than provided for pursuant to these Terms.

(b) The Website, Products, Services does not include the provision of traditional medical care and attention, therapy, counselling and other mental or medical health Services, or other professional Services of any kind. The Website provides teachings, inspiration and program materials only.

(c)  Susanne Mendoza, Celestial Rose Pty Ltd will make every effort to ensure a Product, or Service is accurately depicted on the Website, however, you acknowledge that the Susanne Mendoza, Celestial Rose Pty Ltd, Website is not responsible for and makes no warranties, express or implied, as to the accuracy or reliability of any of its content. Without limiting the foregoing, The Website Susanne Mendoza, Celestial Rose Pty Ltd are not responsible or liable for any malicious code, delays, inaccuracies, errors or omissions arising out of your use of this Site.

(d)  Susanne Mendoza, Celestial Rose Pty Ltd will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services, Programs, Products or the late supply of the Purchase Services, Programs, Products), whether at common law, international law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. The Website cannot guarantee and does not promise any specific results from your use of the Website, Products, Services.

(e) Use of the Website, the Purchase Services, and any of the products of Susanne Mendoza, Celestial Rose Pty Ltd (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Susanne Mendoza, Celestial Rose Pty Ltd , are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, related entities, family, directors, officers, employees, agents, contributors, third party content providers or licensors of Susanne Mendoza, Celestial Rose Pty Ltd including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the Products, Programs or Purchase Services of Susanne Mendoza, Celestial Rose Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i)  failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii)  the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(iii)  costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(iv)  the Content or operation in respect to links which are provided for the User’s convenience;
(v)  any failure to complete a transaction, or any loss arising from e- commerce transacted on the Website; or
(vi)  any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

Limitation of Liability

(a)  You expressly understand and agree that Susanne Mendoza, Celestial Rose Pty Ltd, its affiliates, related entities, family, directors, officers, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

(b)  Susanne Mendoza, Celestial Rose Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Susanne Mendoza, Celestial Rose Pty Ltd, by third parties or by any of the Purchase Services offered by Susanne Mendoza, Celestial Rose Pty Ltd.

(c)  You acknowledge that Susanne Mendoza, Celestial Rose Pty Ltd does not provide the Delivery Services to you and you agree that Susanne Mendoza, Celestial Rose Pty Ltd will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

(d) You acknowledge that the Website, Susanne Mendoza, Celestial Rose Pty Ltd cannot guarantee and does not promise any specific results from your use of the Site. The Website, Susanne Mendoza, Celestial Rose Pty Ltd is not responsible for your participation in any of the Services and Products, and any activity you partake in is voluntary, at your sole discretion. You assume full responsibility of and are aware of potential stress, physical, mental requirements and physical risks associated with any Products and Services provided. You assume the risk and release any ability to make any legal or defamatory claim against The Website, Susanne Mendoza, Celestial Rose Pty Ltd and any related entities, services, family, directors, officers, employees, representatives resulting from use of the Website Products Services by you, or violations of this Agreement by you.

Indemnity

(a) You agree to indemnify Susanne Mendoza, Celestial Rose Pty Ltd, affiliates, any related entities, services, family, directors, officers, employees, agents, contributors, third party content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(ii)  any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(iii)  any breach of the Terms.

Governing Law

The Terms are governed by the laws regulations and treaties of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Privacy Policy

By choosing to access the Site, you agree to the Privacy Policy practices stated here. Please note that this Privacy Policy may be revised at any time.

Celestial Rose Pty Ltd, Susanne Mendoza, suzmendoza.com (“Suz Mendoza, “we”, ‘us” and “ours”) has developed this privacy policy (“Privacy Policy”) which details important information regarding the use and disclosure of user information collected on its owned or controlled websites, including,www.suzmendoza.com,  or others that link to this Privacy Policy (collectively, “Websites”), or through applications and related Services and communications when you interact with us (collectively referred to as the “Services”). We provide this Privacy Policy to help you make an informed decision about whether to use the Services and the choices we offer for you to manage the information we collect. These are subject to change at any time and at the sole discretion of the Suz Mendoza and Websites.

Collecting Information We collect your information in order to record and support your participation in the activities, information, Services, Programs you select when you interact with us. As a visitor to our Site, you can engage in many activities without providing any personal information. In connection with other activities, such as utilising registering for a newsletter, session, program, course, product or event we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us your personal information including but not limited to, your first and last name, mailing and billing address, e-mail address, telephone and mobile number, credit or debit card information, and other personal information. By registering for any programs offerings or workshops, you are agreeing to share your personal or business information with us and the third party companies that initiate the purchase transaction and processes your credit card payment. We may collect information from you when you interact with our Services through third-party social networking services. If you choose to link through these services and sites, please review their terms and conditions including privacy policy which will apply to you as you use their site.

We use third parties analytics and they will be collecting information from you when you visit Suz Mendoza. The information they collect will inform us how you are using the Site and related social media. This data may be used to help us improve the Site and the User experience.  This data collection is anonymous and does not identify you personally. By using the Site, you consent to our use of third party analytics.

Where we store your Information We store your data and all records electronically. If you have registered for an online course, we also store your information on our secure servers maintained with industry standard security measures in place.

How we use your Information We will keep you up to date with our offerings, programs, products, courses and events and inspiration. We will also use your information to send communication and program/course materials relevant to an offering you have registered. We will protect personal information by reasonable industry security safeguards against loss or theft, as well as unauthorised access, disclosure, copying, use or modification. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. If at any time you wish to stop receiving communications, you can ‘unsubscribe’ from these easily with the links provided in the email.

Sharing of Information We will not rent or sell your name, email address or other personally identifiable information about you to anyone else. We use the information you provide to us for internal purposes and to verify or enforce compliance with the policies governing our Site and applicable laws, and to protect against misuse or unauthorised use of our Site.

If you have any questions about these terms of use you may contact us at info@suzmendoza.com

©Suz Mendoza 2020.  All Rights Reserved.