PINKSKY.COM.AU TERMS & CONDITIONS
TERMS AND CONDITIONS
BY VISITING PINKSKY.COM.AU YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
By using PinkSky.com.au referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” and “Company” refer to Katie Gasson as sole trader and owner of PinkSky.com.au. Accessing any area of this Site shall be deemed a use of the Site and an acceptance to the terms and conditions provided herein.
Information provided on the Site and related to our service of New Age Services including but not limited to meditation classes, readings, energy balancing & space clearing, hereby referred to as (the “Service”) is subject to change. The Company makes no representation or warranty that the information provided is accurate.
In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the company will always be accurate, correct and up to date. You shall only be allowed to provide your own personal information and not the information of others.
You may use the Site and Service for lawful purposes only. You shall not post on the Site anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Site. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.
Failure to comply with the terms and conditions listed here may cause you to be removed from the Site.
The Site and Service contain intellectual property owned by the company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. You may not use in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. Any copyright infringement will result in legal action taken on behalf of the Company.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF IT’S PARENTS, SUBSIDIARIES, AFFILIATES, OR OTHERWISE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY‘S CUMULATIVE LIABILITY TO YOU EXCEED $100.
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with The Company. Unless otherwise stated, these Terms and Conditions only cover the use of this Site. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, legal fees, resulting from your violation of these Terms and Conditions, or any use by you of the Site or Service. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of Australia, exclusive of its choice of law rules. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by mediation at RESOLUTION INSTITUTE. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Coffs Harbour, NSW, Australia and any such award shall be binding on the parties. The prevailing party or parties shall be entitled to recover reasonable legal fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.
These Terms and Conditions constitute the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.
The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.
By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.
Personal information about visitors to our site is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in Australia.
Use of Information
Collecting information on Registered members
As part of registering with us, we collect personal information about you in order for you to take full advantage of our services. To do this it may be necessary for you to provide additional information to us as detailed below.
Registration is completely optional. Registration may include submitting your name, email address, address, telephone numbers, option on receiving updates and promotional material and other information.
Credit Card Details
Credit Card details are only stored for the processing of payment and will be deleted once payment is processed.
Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.
We may engage third parties to provide you with goods or services on our behalf. In that circumstance, we may disclose your personal information to those third parties in order to meet your request for goods or services.
We strive to ensure the security, integrity and privacy of personal information submitted to our sites, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secured.
However, we will endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.
In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorised access to your personal information.
Collecting Information from Users
Our web servers gather your IP address to assist with the diagnosis of problems or support issues with our services. Again, information is gathered in aggregate only and cannot be traced to an individual user.
Cookies and Applets
This aggregate, non-personal information is collated and provided to us to assist in analysing the usage of the site.
Access to Information
We will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected.
In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.
Links to other sites
We provide links to Web sites outside of our web sites, as well as to third party Web sites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our website. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that Web site and its privacy statement.
Problems or questions
For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner's web site; http://www.privacy.gov.au/
Changes to this policy
Should you have any questions about any of the forementioned please contact pinksky.com.au on email@example.com.
Store, Shipping & Returns
Product Descriptions and Pricing
All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our shop page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
We use a secure online payment system, PayPal.
All orders must be pre-paid. Orders will only be available for download (for electronic products) after full payment of the total amount is cleared.
Please be aware that all payment details including credit card information is collected through our Third Party payment processors (PayPal). We do not keep payment details in our system. These details are sent directly to the payment gateway for immediate processing on the day your order is placed.
We accept payment for orders with PayPal only, though you may provide your credit cards details through PayPal.
Pink Sky does not take responsibility for direct or indirect damages and consequential losses suffered by the use of fraudulent or unauthorised credit cards.
If you have any issues with payment do not hesitate to contact us at firstname.lastname@example.org
E-books Upon receipt of payment you will be provided with a link to download your purchase. If you have any issues with downloading your purchase, please contact us at
Product Returns and Refunds
We endeavour to ensure our quality products and ordering system meets our customer’s satisfaction.
We appreciate notice of product concerns within 48 hours of delivery via our email email@example.com. We will assess the return and assist you with appropriate returning, exchange, replacement or refund.
Product suitability is not guaranteed and no refunds are offered if you have changed your mind or the product is not suitable to your needs.
Refunds will be issued according to the requirements of the Australian Consumer Law and the respective state Sale of Goods Act legislation.
Refunds will be issued by credit to your PayPal account.