TERMS OF USE
Welcome to the Aura-Soma New Zealand Ltd website, which are owned and operated by Aura-Soma New Zealand Ltd, 5 Valley Road, Browns Bay, Auckland, New Zealand 0630 and its affiliates (the “Website”).
The Website may include some or all of the following: (a) A platform that allows end users to learn about Aura-Soma New Zealand Ltd, engage with its community of registered Practitioners and book educational courses run by the Aura-Soma Education Systems Limited and its community of registered Teachers. (b) End users may purchase and/or use digital content, stream pre-recorded audio and video content over the Internet for personal use or permitted use, as is appropriate for their user level (c) an e-commerce site, which allows users to purchase products from the Aura-Soma New Zealand store, and (d) one or more Website where other online content (including content provided by Aura-Soma, Website users and third parties), resources, tools, products, services, communications and social networking features may be accessed and used. All of the foregoing are collectively referred to as the “Services.”
PLEASE READ VERY CAREFULLY ALL OF THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE FOLLOWING TERMS OF USE AND PRIVACY POLICY.
- Parties. The following Terms of Use and Privacy Policy, as well as any other guidelines, rules or operating policies that Aura-Soma New Zealand Ltd may establish and post at the Website from time to time, all of which are hereby incorporated by reference. All of the foregoing, which are collectively referred to as the "Agreement,” set forth the terms and conditions of a legally binding contract between each visitor to and/or user of the Website (together with any business, entity or organisation each such visitor and/or user may be representing) (referred to as “you” or “your”) and Aura-Soma New Zealand Ltd, (“Aura-Soma New Zealand Ltd,” “we,” “our” and “us”).
2. Acceptance of Terms and Agreement to Be Bound. The Services are offered to you on the condition that you accept and agree to be bound by this Agreement in its entirety without modification of any kind. By accessing and/or using any of our Website, you agree to be bound by this Agreement, whether you are a "Visitor"(which means that you simply browse one or more of our Website) or you are a "Registered User" (which means that you have registered to use the Website and have subscribed to use one or more of the Services). If you do not accept the terms of this Agreement, you are not permitted to use the Website and/or subscribe to the Services, and you are obliged to exit all of the Website and discontinue any and all use of the Website and the Services immediately.
3. Modifications. We may modify this Agreement from time to time, and, to the greatest extent permitted by law, such modifications shall be effective upon posting at any of our Website. By accessing and/or using any of our Website after any such modification is posted, you are agreeing to be bound by such modifications. You also acknowledge and agree that it is your responsibility to monitor the Website for the posting of modifications and to review such modifications on a regular basis. If you do not agree to be bound by any future modifications of this Agreement, your exclusive remedy is to cancel your account and discontinue your use of the Website and the Services. Except as otherwise expressly provided herein, any new features, tools, New Zealand and/or services that change, augment, enhance or upgrade the current Website and/or the Services will be subject to this Agreement.
4. General Registration Requirements. Visitors are currently permitted to view only limited portions of the Website prior to deciding whether to become a Registered User. Full access to the Website and the Services is available only to Registered Users and, if a membership is required, then only to Users who are also paid members. If you wish to become a Registered User, you must register on our Website, you must complete the registration procedures displayed on the registration page(s) of the Website. Some aspects of the Website and the Services are available to all Registered Users, and some are available only to Users who have paid the required membership fee and/or other charges, all of which are posted at the Website.
5. Age Requirements for Access and Use of the Website. By accessing and using the Website, you acknowledge and agree that you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving New Zealand and services, under the laws of New Zealand or other applicable jurisdiction. Registration, subscription, access to and use of the Website and the Services are not available to users under the age of 18 and are void where prohibited by applicable law.
6. Requirements for Becoming a Registered User. By completing the registration procedures displayed on the registration page(s) of the Website, you acknowledge and agree that (a) you are representing to us that you are providing true, accurate, current and complete information about yourself as prompted by the registration form available on our Website (the "Registration Data"), and (b) you are obliged to maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future access to and/or use of the Website and the Services (or any portion thereof).
7. Children. Due to the nature of the Internet, we cannot prohibit minors from visiting our Website. However, our Website are not directed toward children under the age of 18 and we do not knowingly collect information from children under the age of 18 through the Website. If you believe that a child has provided information to us through the Website, please contact us by email at info@aura-soma.co.nz or by writing us at Aura-Soma New Zealand Ltd, 5 Valley Road, Browns Bay, Auckland New Zealand 0630. We will use our best efforts to remove all of the information provided by the child from our system. (See our Privacy Policy set forth below for additional information about Children’s Online Privacy Protection Policy.
8. Member Account, Password and Security. As a Registered User, you are required to choose a password, and provide your email address, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality and security of the password and all other account information, and you are fully responsible and liable for all access to and use of the Website and the Services that occur under your password or account. You agree to (a) immediately notify us by e-mail to info@aura-soma.co.nz of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Aura-Soma New Zealand Ltd will not be liable for any loss or damage arising from your failure to comply with this section.
9. Preservation and Disclosure of Account Information and User Content. You acknowledge and agree that Aura-Soma New Zealand Ltd may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Site Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Aura-Soma New Zealand Ltd, the other users of the Website and Services, and the public. However, under no other circumstances will Aura-Soma New Zealand Ltd intentionally disclose your account information to any third party except as otherwise provided in our Privacy Policy, which is set forth below.
10. Security Components. You acknowledge and agree that the Website and the Services, and the software embodied within the Website and the Services, may include security components that permit digital materials to be accessed, used, and protected, and that use of these security components is subject to usage rules set by Aura-Soma New Zealand Ltd and/or content providers who provide content to Aura-Soma New Zealand Ltd. You may not attempt to override or circumvent any such security components and usage rules embedded in the Website and the Services.
11. Content. The content available at the Website and the Services generally consists of (a) content owned by Aura-Soma New Zealand Ltd, including but not limited to the trademarks, trade dress and “look and feel” of the Website and content created and/or acquired and owned by Aura-Soma New Zealand Ltd (“Aura-Soma New Zealand Ltd Content”), (b) content owned by third parties and licensed to Aura-Soma New Zealand Ltd for specified uses on the Website and the Services (“Third-Party Content”), and (c) content that may be posted and/or otherwise uploaded to the Website and/or the Services by you (“User Content”). As between you and other Registered Users, however, the content posted by other Registered Users is considered to be “Third-Party Content.” All of the foregoing are collectively referred to as “Site Content.”
12. Ownership of Content. Aura-Soma New Zealand Ltd does not claim ownership rights in any User Content that you post on the Website or otherwise make available through the Services. Subject to the non-exclusive license contained in Section 13 below (“License to Your Content”), as between Aura-Soma New Zealand Ltd and you, you will retain all intellectual property rights that you may have in any User Content that originates with you.
13. License to Your Content. In order to be able to offer you the use of our Website and the Services pursuant to this Agreement, you are required to grant a license to Aura-Soma New Zealand Ltd to use and distribute your User Content. This enables us to permit other Visitors and Registered Users to view and share your User Content, and to display your User Content in other places within the Website. Accordingly, by posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, "posting") any User Content on or through our Website or the Services, you hereby grant to Aura-Soma New Zealand Ltd a non-exclusive (meaning you can license the User Content to other parties as well), fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such User Content on and through the Website and/or the Services, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent. If you wish to remove any User Content from the Website and/or the Services, the decision will be made by Aura-Soma New Zealand Ltd alone in its sole and absolute discretion, and our decision may depend on the type of User Content, the location and manner of posting, and other factors. You may contact us at info@aura-soma.co.nz to request the removal of certain User Content you have posted, but Aura-Soma New Zealand Ltd (i) has no obligation to remove any such User Content, (ii) may choose whether or not to do so in its sole discretion, and (iii) makes no guarantee as to the complete deletion of any such User Content and copies thereof. In any case, a back-up or residual copy of any User Content posted by you may remain on Aura-Soma New Zealand Ltd’s servers after the User Content appears to have been removed from the Website and/or the Services, and Aura-Soma New Zealand Ltd retains all rights granted in this section to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all User Content posted by you on or through our Website or the Services, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Website and/or the Services does not require the knowledge or consent of any third party and does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
15. Prohibited Conduct. The Website and the Services may include features that permit you to post User Content, which includes and applies to (but is not limited to) content of your own, comments on the User Content posted by other Registered Users, and communications with other Registered Users. Such User Content includes but is not limited to information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials. You acknowledge and agree that you shall not use the Website and/or the Service to post or other transmit User Content that: is offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter; solicits personal information from anyone under the age of eighteen (18); provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other Members; involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights; or contains a virus or other harmful component.
16. Responsibility for User Content. You, and not Aura-Soma New Zealand Ltd, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Website and/or the Services. Aura-Soma New Zealand Ltd does not control the User Content posted via the Website and/or the Services and, as such, we cannot and do not guarantee the accuracy, integrity or quality of such User Content. You acknowledge and agree that, by using the Website and the Services, you may be exposed to User Content that you deem offensive, indecent or objectionable. Under no circumstances will Aura-Soma New Zealand Ltd be liable in any way for any User Content, including, but not limited to, any errors or omissions in any user Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Website and/or the Services.
17. Rejection and/or Removal of User Content. You acknowledge and agree that Aura-Soma New Zealand Ltd may or may not pre-screen User Content posted on our Website, but that Aura-Soma New Zealand Ltd shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, and/or remove any User Content or portion thereof that is available via the Website and/or the Services, in its sole and absolute discretion, for any reason, including but not limited to its determination that any such User Content is not appropriate for the Website and/or the Services, or for no reason. Without limiting the foregoing, and by way of example only, Aura-Soma New Zealand Ltd shall have the absolute right to remove from the Website and/or the Services any User Content that violates this Agreement or is otherwise objectionable in the sole discretion of Aura-Soma New Zealand Ltd, or to restrict, suspend, or terminate your access to all or any part of the Website and/or the Services at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Website and/or the Services by any person, please contact Aura-Soma New Zealand Ltd by email at Info@Aura-Soma.co.nz
18. Limited License. Aura-Soma New Zealand Ltd hereby grants to Registered Users a limited, personal, revocable, non-sublicensable license to display a single copy of the Aura-Soma New Zealand Ltd Content and the Third-Party Content located on or available through our Website or Service (excluding any software code therein) solely for your single, personal, non-transferable and non-commercial use in connection with viewing our Website and using the Services during the term of your registration. All such use is subject to the terms and conditions set forth in this Agreement and may be terminated by Aura-Soma New Zealand Ltd as set forth in this Agreement. Except for User Content posted by you, you may not copy, store, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Site Content for any purpose whatsoever.
19. Examples of Limitations on Use. Any non-commercial reuse of any portion of the Site Content by a Registered User that falls within what is allowed as “Fair Use” under the English copyright and trademark law is permitted. In addition to the limitations set forth in Section 18 above (“Limited License”), and by way of example only, no commercial storage, use, reproduction or transmission of any Site Content is permitted under any circumstances. The Website and the Services may not be used in connection for any commercial purposes except as specifically approved in writing and in advance by an authorised representative of Aura-Soma New Zealand Ltd. Unauthorised framing of or linking to any of our Website is prohibited. Commercial advertisements and other commercial content, affiliate links, and other forms of solicitation may be removed by Aura-Soma New Zealand Ltd from the Website and the Services without notice and may result in termination of registration and subscription and denial of access to and use of the Website and the Services.
20. Health and Medical Concerns. The Aura-Soma Colour-Care-System is a Self Selective, Non-Intrusive Soul Technology which focuses on the spiritual evolution of the individual and the relationship between energy and consciousness. The Aura-Soma Colour-Care-System New Zealand are primarily tools for spiritual development and personal growth; tools to facilitate growth in awareness and consciousness. The range of New Zealand within the Aura-Soma Colour-Care-System may be helpful in assisting those who use them, to attune to and make shifts in energy and consciousness. Nothing on this website or the Services or associated Website or services contained herein should be interpreted as a claim that the Aura-Soma Colour-Care-System range of New Zealand & services are concerned with diagnosis, cure, mitigation, treatment or prevention of any disease, illness or physiological or psychological process, or are intended to influence the structure or function of the physical body. End Users who have a health concern should consult a suitable health professional.
21. Reservation of Rights. Aura-Soma New Zealand Ltd Content and Third-Party Content are protected by copyright, trademark, patent, trade secret and other laws. Aura-Soma New Zealand Ltd and its third-party licensors owns and retains their respective rights, title and interest in and to their respective content subject only to the limited licensed granted to Registered Users as set forth above.
22. Other Sites. The Website may contain third-party advertising and/or links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). However, the inclusion of a link in any of our Website does not imply Aura-Soma New Zealand Ltd’s investigation, evaluation and/or endorsement of such third party website. We are not responsible for examining or evaluating, and we do not warrant the New Zealand or offerings of, any of these businesses, entities or individuals, or the accuracy of the content of their advertising or Website. Aura-Soma New Zealand Ltd does not assume any responsibility or liability for the actions, New Zealand, services, and/or content of any such Website. Before you purchase goods or services from a third party and/or use any third-party website, you should review the applicable terms of use and privacy policies for such Website. If you decide to access any such linked Website, you do so at your own risk.
23. International Use. Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of the Website and the Services. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the New Zealand or the country in which you reside, and that restrictions on access to and/or use of some Site Content may apply to users based on their place of domicile, residence and/or use.
24. Registered User Disputes. You are solely responsible for your interactions with other Registered Users. Aura-Soma New Zealand Ltd reserves the right, but has no obligation, to monitor disputes between you and other Registered Users.
25. Term and Termination. This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Website or until terminated by Aura-Soma New Zealand Ltd or by you. You may terminate your status as a Registered User and cancel your account at any time and for any reason, by notifying us by email at info@aura-soma.co.nz but any such termination and cancellation will be effective only after Aura-Soma New Zealand Ltd has processed the request. Aura-Soma New Zealand Ltd reserves the right to suspend or terminate your status as a Registered User, cancel your account, and disable your access to the Website and Services at any time, with or without notice to you, with or without cause, and without liability to you. Aura-Soma New Zealand Ltd shall have no liability to you or any third party because of such suspension or termination or related action for any reason. The following sections shall survive any termination of this Agreement, your account, and/or your use of the Service: Section 9 (“Preservation and Disclosure of Account Information and User Content”), Section 12 (“Content”), Section 13 (“Ownership of Content”), Section 14 (“License to Your Content”), Section 16 (“Responsibility for Your User Content”), Section 17 (“Rejection and/or Removal of User Content”), Section 20 (“Health and Medical Concerns”), Section 21 (“Reservation of Rights”), Section 22 (“Other Sites”), Section 23 (“International Use”), Section 24 (“Registered User Disputes”), Section 26 (“Disclaimer of Warranties”), Section 27 (“Waiver of Claims”), Section 28 (“Limitation of Liability”), Section 29 (“Severability”), Section 30 (“Indemnity”), and Sections 33 through 39. Upon suspension or termination, Aura-Soma New Zealand Ltd shall have no obligation to save any User Content that you may have posted or otherwise provided, and we reserve the right to permanently delete and destroy any of your personal information and/or User Content.
26. Disclaimer of Warranties. You acknowledge and agree that the Website and the Services are offered without warranties of any kind whatsoever by Aura-Soma New Zealand Ltd and/or the providers of Site Content. The disclaimer of warranties includes, but is not limited to, the following. (a) Your use of the Website and the Services is at your sole risk. The Website and the Services are provided on an “as is” and “as available” basis. Aura-Soma New Zealand Ltd and its parent, subsidiaries, affiliates, successors and assigns, and their respective shareholders, officers, directors, employees, agents, partners, licensors, vendors and contractors (collectively, the “Aura-Soma New Zealand Ltd-Related Parties”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the Website, and any third party Website with which they are linked. (b) The Aura-Soma New Zealand Ltd-Related Parties are not responsible or liable for any loss, damage, injury or health problems that may result from your use of the Site Content and/or other aspects of the Website and/or the Services, including but not limited to training programs, recipes, New Zealand, services, events and/or information that you may learn about on the Website and/or the Services, and/or any action or inaction on your part as a result of information you have obtained from the Website and/or the Services. By way of example only, if you engage in a course or consultation that you receive or learn about through the Website and/or the Services, and/or if you use any product or service that you receive or learn about through the Website and/or the Services, you agree that you do so voluntarily, after consulting an appropriate health professional of your choice, and at your own risk, and you agree to release and discharge the Aura-Soma New Zealand Ltd-Related Parties Aura-Soma New Zealand Ltd from any and all claims or causes of action, known or unknown, arising out of the foregoing. (c) The Aura-Soma New Zealand Ltd-Related Parties make no warranty that the Website or the Services, the Site Content, and/or the information, New Zealand and services available through the Website or the Service will meet your expectations or requirements, or that you will achieve any particular results from the use of any of the foregoing, or that the Website or the Services will be uninterrupted, timely, secure, error-free, or free of any harmless components (including viruses, malware, spyware, or comparable components. (d) You expressly assume the risk, by way of example, of deletion, non-delivery or failure to store postings of User Content, communications, personalised settings, or data, and you acknowledge that the Aura-Soma New Zealand Ltd-Related Parties make no warranties regarding the foregoing. (e) Any material downloaded or otherwise obtained through the use of our Website or the Services is accessed at your own discretion and risk, and you will be solely responsible for any loss or damage to your computer system or loss of data that results from the download of any such material.
27. Waiver of Claims. You hereby waive, release and discharge the Aura-Soma New Zealand Ltd-Related Parties from and against any claims that you may be entitled to make by reason of any use of your User Content authorized under this Agreement and/or by reason of your participation in any of the communications and social networking features of the Services, including but not limited to, and by way of example only, any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation and otherwise.
28. Limitation of Liability. To the fullest extent permitted by applicable laws, the Aura-Soma New Zealand Ltd-Related Parties will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Website and/or the Services, and/or any website with which they are linked, and/or any content, information, New Zealand or services accessible through the Website and/or the Services, even if any of the Aura-Soma New Zealand Ltd-Related Parties have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of the Aura-Soma New Zealand Ltd-Related Parties to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Aura-Soma New Zealand Ltd for the Services.
29. Severability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you. In any such case, and/or if any terms or conditions of this Agreement are held to be invalid for any reason whatsoever, this Agreement shall remain in full force and effect on its remaining terms and conditions of this Agreement unless and until terminated by Aura-Soma New Zealand Ltd. Furthermore, if any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the invalidated provision.
30. Indemnity. You agree to indemnify, defend, and hold harmless the Aura-Soma New Zealand Ltd-Related Parties from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Aura-Soma New Zealand Ltd will use its reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
31. Additional Terms. We may also require you to follow additional rules, guidelines or other conditions ("Additional Terms") in order to participate in certain promotions or activities available through our Website, to obtain certain premium Site Content through our Website, and/or for other reasons. In addition, certain Additional Terms will govern your subscription to the Services and any purchases you make through the online store. These Additional Terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These Additional Terms are incorporated by reference in this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
32. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Website and/or the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Website and/or the Services.
33. Entire Agreement. This Agreement, together with any other terms and conditions referenced herein (including without limitation the Privacy Policy and Additional Terms), constitutes the entire agreement between you and Aura-Soma New Zealand Ltd and governs your use of the Website and Service, superseding any prior agreements between you and Aura-Soma New Zealand Ltd with respect to the Website and/or the Services.
34. Choice of Law and Forum. This Agreement and the relationship between you and Aura-Soma New Zealand Ltd shall be governed by the laws of England without regard to its conflict of law provisions. You and Aura-Soma New Zealand Ltd agree to submit to the personal and exclusive jurisdiction of the courts located in England.
35. No Waiver. The failure of Aura-Soma New Zealand Ltd to exercise or enforce any right and/or remedy under this Agreement shall not constitute a waiver of such right and/or remedy.
36. Statute of Limitations. You acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
37. Relationship of the Parties. You and Aura-Soma New Zealand Ltd acknowledge and agree that they are independently contracting parties dealing at arm’s length with each other in connection with the licensing of intellectual property rights and the provision of services. No partnership, joint venture, joint authorship, employment, fiduciary, agency or other relationship is created between them.
38. Binding on Successors. This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, licensees, successors and/or assigns of the parties, as applicable. For avoidance of doubt, you acknowledge and agree that Aura-Soma New Zealand Ltd is fully authorised to assign, sublicense and/or otherwise convey and transfer this Agreement and/or any of its rights under this Agreement at any time, in its sole and absolute discretion, and without compensation of any kind to you.
39. Notices and Questions. If you have any questions regarding this Agreement, please contact us by email at Info@aura-soma.com, or by mail at Aura-Soma New Zealand Ltd, 5 Valley Road, Browns Bay, Auckland New Zealand 0630. Except as otherwise specified elsewhere in this Agreement, notices to Aura-Soma New Zealand Ltd may be given at the foregoing email and postal addresses, and notices to you may be given at the address provided to us at the time of registration and/or the purchase of goods and services from Aura-Soma New Zealand Ltd.
PRIVACY POLICY
The following Privacy Policy ("Privacy Policy") governs your use of the Website and the Services, which are owned by Aura-Soma New Zealand Ltd, ("Aura-Soma New Zealand Ltd").
We have created this Privacy Policy to ensure that you understand our policies and procedures relating to privacy, what personal information you must provide if you wish to use certain portions of the Website and the Services, ultimately, just how we use such personal information.
This Privacy Policy is a part of and is incorporated into the Terms of Use set forth above. All defined terms in this Privacy Policy shall have the meaning assigned to them in the Terms of Use. By accessing or using any of the Website and the Services, you acknowledge and agree that you have read and agree to be bound by this Privacy Policy.
- Sites and Site Operator The sites to which the following Privacy Policy applies are: www.aura-soma.co.nz (collectively, “the Website”). The operator of the Website is Aura-Soma New Zealand Ltd,.
2. Effective Date. This Privacy Policy is effective as of, and was lasted revised on, 1 April 2020. Aura-Soma New Zealand Ltd reserves the right to add to, delete from and/or otherwise change this Privacy Policy at any time in its sole and absolute discretion. To the maximum extent permitted by law, you are responsible for monitoring the Website to determine if any changes have been made to the Privacy Policy in the future. Access to and/or use of the Website and/or the Services by you after the date of any such change shall be deemed to confirm your agreement to be bound by the Privacy Policy then in effect. By agreeing to the Terms of Use applicable to the Website at which this Privacy Policy is posted, you are also agreeing to be bound by this Privacy Policy. Unless otherwise indicated, defined terms in this Privacy Policy shall have the same meaning assigned to them in the Terms of Use.
3. Information Collected By the Website. We collect two types of information from users of the Website: personal information described below; and non-personal information such as information about traffic patterns on the Website.
4. Personal Information. To access certain portions of the Website, including the portions where the Services are offered, we require you to register and select a user name and password. Some personal data is collected during the registration process. We may then ask for additional information, including personally identifiable and non-personally identifiable information. When you make a purchase on one of the Website, when you subscribe to the Services, and/or when you enter a contest or other promotion, we may ask you for certain personal information such as your name, address, e-mail address, in order to process your order, manage your membership, administer the contest, or send you promotional e-mails. Providing personal information in these instances is solely your choice; you do not need to provide such information, make purchases, or enter such contests to browse our Website as a Visitor.
5. How We Use Your Personal Information. We use the information collected on the Website for a variety of purposes, including, but not limited too, running the Website and the Services and contacting users. The Website and the Services may also make available to other Registered Users information provided by you during registration, such as your screen name. We may use your information to communicate back to you, to update you on products, services and benefits, to personalise the Website for you, to contact you for market research or to provide you with marketing information, newsletters, or other information we think would be of particular interest. In addition, if you make a purchase on any of the Website, we may send you order and shipping confirmation emails. We will always give you the opportunity to opt out of receiving such materials. You can remove your e-mail address from our e-mail list at any time by following the procedures set forth in the Section 9 below (“Opt Out Procedures”) or by clicking on the "unsubscribe" link in every e-mail from Aura-Soma New Zealand Ltd. In addition, you can modify your information or change your preferences, as set forth in Section 10 below (“Reviewing or Changing Your Information”). Information obtained through the Website and/or the Services may be intermingled with and used in conjunction with information obtained through sources other than our Website, including both offline and online sources.
6. Discussions and Community Tools. The Website and the Services may make chat rooms, forums, bulletin boards, news groups and other community tools available to Registered Users and/or Visitors. Please remember that any information that is disclosed in these areas becomes public information for other users to view and for Aura-Soma New Zealand Ltd to use. Please do not disclose any personally identifiable information, including without limitation your full name or e-mail address, in these publicly accessible areas of the Website or the Services. Please be considerate and respectful of others while using any chat rooms, forums or message boards to share your opinion.
7. Non-Personal Data. In some cases, we may collect non-personal information. Examples of this type of information include the type of Internet browser you are using, the type of computer operating system application software, and peripherals you are using and the domain name of the web site from which you linked to our Site. We use your information on an aggregated basis to do such things as operate our Website, enhance our Website and sell and deliver advertising.
8. Cookies. Certain features on the Website and/or the Services utilise cookie technology. A cookie is a small data file that certain web sites write to your hard drive when you visit them. A cookie file can contain various types of information, including a user ID that the site uses to track the pages you've visited. We may use cookies to enhance your experience on our Website, to determine user traffic patterns and for other purposes. Most browsers are initially set up to accept cookies; however, you can reset your browser to refuse all cookies or indicate when a cookie is being sent or you can flush your browser of cookies from time to time. (Note: you may need to consult the help area of your browser application for instructions.) If you choose to disable your cookies setting or refuse to accept a cookie, however, you may not be able to access all areas of the Website and/or the Services. We also use cookies to improve the performance of our advertising on other Website. Although you may not opt out of receiving online advertisements generally, you may control the collection of data on our site used for targeted advertising during your visits to other Website.
9. Opt Out Procedures. You have the option to opt out of receiving information from Aura-Soma New Zealand Ltd, the Website and the Services. This opt out messaging will appear at the bottom of every promotional email that is sent out. If you no longer wish to take advantage of the Website or the Services or receive any form of direct contact from Aura-Soma New Zealand Ltd, whether it is email, discounts, newsletters, or other promotional offers or materials, contact us at: Info@aura-soma.co.nz
10. Reviewing or Changing Your Information. In order to ensure that the information we maintain is accurate, we give users the option to change or modify their information previously provided during registration. If you would like to change your information currently in our database please log in and click the “My Details” link on the various Website or email us at info@aura-soma.co.nz
11. Sharing of Your Information. Aura-Soma New Zealand Ltd may share your personal information: (i) with Aura-Soma New Zealand Ltd or its respective affiliates, subsidiaries, or successors (collectively the “Aura-Soma New Zealand Ltd Parties”), or with third parties who are under obligations of confidentiality with any of the Aura-Soma New Zealand Ltd Parties, (ii) if a Aura-Soma New Zealand Ltd Party is required by law to do so, (iii) in the event of a transfer of ownership of a Aura-Soma New Zealand Ltd Party, merger or other similar transaction, or (iv) as otherwise set forth in this Privacy Policy. The following describes some of the ways that your personal information may be disclosed to third parties: We may employ third parties to perform services or functions on our behalf in order to improve our Website, merchandising, marketing and promotional efforts, communications or other services. Those third parties may include authorized contractors, consultants and other companies working with us. They only have access to personal information needed to perform their functions, and they may not share any personal information with others or use it for any other purpose than providing or improving Aura-Soma New Zealand Ltd's services and offerings. We may share your information with third parties whom we believe have information of interest to you. In addition, we may share certain non-personal information with third parties for advertising, promotional and other purposes. For example, we may work with third party advertising companies, to serve and track our ads. These third parties may install other cookies. Our advertising partners may use the non-personal information they collect from our Website, in the aggregate, to help us better market and serve our customers. This Privacy Policy applies only to the Website and the Services and does not address the practices of third parties who may collect your personal information. You may visit other Website, through links on the Website, which may collect, use and share your personal information in accordance with their own privacy policies. The information practices of those linked Website are not covered by this Privacy Policy, and we encourage you to be very cautious before you disclose your personal information to others. In order to provide you with the information, products or services which you have requested, we may share or transfer your personal information with our parent, affiliates or subsidiaries, or third party agents acting on their behalf. The Aura-Soma New Zealand Ltd Parties may be obligated to cooperate with various law enforcement inquiries. Each Aura-Soma New Zealand Ltd Party reserves the right to disclose or transfer personal information and non-personal information about you and your activities on our Website in order to comply with a legal requirement or request from law enforcement or other government officials, administrative agencies or third parties as we, in our sole discretion, determine necessary or appropriate for the administration of justice, or in connection with an investigation of fraud, intellectual property infringements or violations of any other law, rule or regulation, our Terms of Use or other rules or policies of our Website, the rights of third parties, or an investigation of any other activity that may expose us or you to legal liability, or to investigate any suspected conduct which Aura-Soma New Zealand Ltd in its sole discretion deems improper.
12. Security. Providing a secure site is essential for your peace of mind and trust in Aura-Soma New Zealand Ltd. We have installed encryption software conforming to the Secure Socket Layers (SSL) protocol to safeguard all of the information you send to us. All information is stored on our servers in a secure location. It is important for you to protect against unauthorised access to your password and to your computer. If your password is compromised, notify Customer Service at once at info@aura-soma.co.nz
13. Children’s Online Privacy Protection Policy. The Website and the Services are not intended for or directed to users under the age of 18, and we do not knowingly or intentionally collect personally identifiable information from children under the age of 18 or other minors. Where appropriate, we take reasonable measures to determine that our users are adults of legal age and to inform minors not to submit such information to the Website or the Services or in response to advertisements. If you are concerned that personal information may have been inadvertently provided to or collected by Aura-Soma New Zealand Ltd, please contact us immediately at Info@aura-soma.co.nz so that we may appropriate steps to remove such information from our database.
14. Privacy Precaution Warning. Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via our online services.
15. Your Consent. By using the Website and/or the Services, and by providing your personal information to us, you also authorise the storage, use and export of your personal information as specified herein.
16. Applicable Law. The headquarters of Aura-Soma New Zealand Ltd is located in New Zealand. This Privacy Policy and our legal obligations are subject to the laws of New Zealand, regardless of the location of any user. Any claims or complaints must be filed a court of competent jurisdiction in New Zealand.
COMMUNITY POSTING GUIDELINES
At Aura-Soma New Zealand Ltd, we believe that everyone deserves the opportunity to transform their lives. In the spirit of community, we strive to maintain tolerance, equality and respect. The Internet has opened up a world of opportunity that humanity has never seen before. However, the Internet also gives people the means to insult or harass others without taking full responsibility for their words. We insist that while you’re on the Website, you respect the people you encounter, as well as their opinions. You’re free to disagree, state your own opinion and provide critical feedback, but please keep it respectful. Please respect other members beliefs, and consider your impact on others when making your contribution. If you can’t conduct yourself in a respectful manner, we reserve the right to remove comments. In extreme cases, we reserve the right to disable the ability to comment.
We understand that many of our topics are controversial, and we fully support debate. However, we won't allow misrepresentation of our brand, intellectual property, good standing, reputation, denigrate our staff, employees or officers of Aura-Soma New Zealand Ltd- to be published on our site. We reserve the right to determine what is a constructive argument and what is a smear tactic.
ANTI SPAM POLICY
At Aura-Soma New Zealand Ltd we are 100% against spam and unsolicited. We do not sell or provide email addresses to any unauthorised third party and do not authorise any third party or affiliate to misuse New Zealand or services created by or associated with Aura-Soma New Zealand Ltd in spam or bulk emails. If you feel you have received any unwanted emails from us, please contact us immediately and we will look into the matter.
Aura-Soma New Zealand Ltd prohibits the use of their website and/or services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail (Spam). You may not use any Aura-Soma New Zealand Ltd services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any customers of Aura-Soma New Zealand Ltd.
Aura-Soma New Zealand Ltd does not authorise the harvesting, mining or collection of e-mail addresses or other information from or through the website or its services. Aura-Soma New Zealand Ltd does not permit or authorise others to use the Aura-Soma New Zealand Ltd services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses. Aura-Soma New Zealand Ltd does not permit or authorise any attempt to use its services in a manner that could damage, disable, overburden or impair any aspect of any of the services, or that could interfere with any other party's use and enjoyment of any Aura-Soma New Zealand Ltd service.
If Aura-Soma New Zealand Ltd believes that unauthorised or improper use is being made of any service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Aura-Soma New Zealand Ltd may immediately terminate any account on any service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the Aura-Soma New Zealand Ltd website and/or services. Failure to enforce this policy in every instance does not amount to a waiver of Aura-Soma New Zealand Ltd’s rights.
Unauthorised use of any Aura-Soma New Zealand Ltd services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.
