Website Terms of Use

WEBSITE TERMS OF USE.

Welcome to our website. This website with URL address https://www.kinergetics-reset.com is owned and operated by The Kinergetics® Trust, ABN 17442467056.
The terms ‘us’ or ‘our’ or ‘we’ refers to The Kinergetics® Trust, the owner of the website, whose registered office is in Tasmania, Australia. The term ‘you’ or ‘your’ refers to the website user.
The Kinergetics® Trust is a business that provides the following services:
1. Kinesiology Training Workshops
2. Kinesiology Client Sessions
3. Kinesiology Mentoring
4. Kinesiology Manuals, Posters, DVDS
5. Kinesiology & RESET TMJ® Instructor Training & Licensing
6. Kinesiology Practitioner Services.

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.
1. Your use of this website is subject to the following terms and conditions:
1.1. 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.
1.2. The content of this website is for your general information and use only. It is subject to change without prior notice.

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

3. Disclaimer 
3.1. Whilst every care is taken, The Kinergetics Trust 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.
3.2. The information available through this website site is provided for Kinesiology training, information, services, and product purposes only.
3.3. You are solely responsible for any results you obtain as a result of using the information on this website.
3.4. You acknowledge and agree that no information or advice provided by us including that contained on this website any way constitutes doctor or healthcare provider 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.

4. Copyright, trademarks and other intellectual property 

4.1. The Kinergetics® Trust 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.                                    4.2. 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 The Trust.   

4.3. Please email admin@kinergetics-reset.com if you require permission to reproduce any of the contents of this website.

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

4.5. 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.

5. Personal use only

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

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

5.3. 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.

5.4. 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.

6. No unlawful or prohibited use

6.1. 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.

6.2. 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.

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

6.4. You expressly agree not to:

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

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

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

6.4.4. 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.

6.4.5. 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).

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

6.5 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.

7. Copyright infringement

7.1. If you believe that there is material on our website that infringes third party intellectual property rights, please email admin@kinergetics-reset.com with sufficient information to enable us to determine who the owner of the intellectual property is and to remove it from the The Kinergetics® Trust website if appropriate.

8. Cookies

8.1. This website uses cookies to monitor browsing preferences.

8.2. 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.

9. Third-party links

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

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

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

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

10. Website security

10.1. The Kinergetics® Trust makes every effort to maintain the security of the The Kinergetics® Trust 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.

10.2. The Kinergetics® Trust 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.

10.3. The The Kinergetics® Trust website is managed by third-party services; therefore, the website may be inaccessible from time to time.

11. Limitation of Liability

11.1. The Kinergetics® Trust 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 Australia Consumer Law.

11.2. 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.

11.3. 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.

12. Indemnity

12.1. You agree to indemnify and defend The Kinergetics® Trust from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

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

12.1.2. your breach of these Terms of Use.

13. Applicable law

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

13.2. You may provide notice to us through the contact us page or otherwise by email addressed admin@kinergetics-reset.com.

13.3. The Kinergetics® Trust may provide notice to you via email or other electronic means.

13.4. 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.

14. Relationship

14.1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Kinergetics® Trust as a result of this Agreement or use of this website.

15. Validity

15.1. 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.

15.2. These terms and conditions together with our Privacy Policy form the entire agreement between you and The Kinergetics® Trust

16. Feedback, comments or complaints

16.1. If you have any questions, please email admin@kinergetics-reset.com. We endeavour to respond to all inquiries within three business days.

REFUNDS POLICY FOR PHILIP RAFFERTY & GERMAINE BYRNE 

Cancellation and Refund Policy for Philip Rafferty & Germaine Byrne – for all workshops.

Each licenced Instructor agrees to have their own refund policy, as per their individual licence agreement 2021.

Cooling off – you have seven (7) days to change your mind and have your deposit or full payment refunded for a live training work workshop. We draw your attention to the fact that any electronic  training poster/manual does not qualify for a refund once purchased and received.

After the cooling off period for a live training the cancellation policy of 20% of the total course fee applies or you may the leave the full amount paid as a credit towards any workshop training conducted by Philip Rafferty and Germaine Byrne. 

Please note, if you were given or sent any books, manuals, CD collections, vibrational healing tools etc. as part of your deposit, the refund can only occur after returning these to our office and signing a statutory declaration declaring no copies have been made of any workbooks, audio and video tutorials. The products need to be in perfect condition, otherwise we need to adjust the refund.

If you cancel your enrolment within or less than one (1) month of the start of the training that you have initially enrolled into, then no refund will be given, and your complete payment will be brought forward to the next training of your choice (within maximum 2 years or less from the date of the first payment (known as deposit).

If, during the workshop you are found unfit to participate in this training (or disruptive), or in breach of your signed Workshop Agreement by instructors Philip Rafferty or Germaine Byrne, you will be required to leave the training immediately. No questions or discussions will be entered into, and said instructors will be the sole judge/judges. In this case, no refunds will be given. All training material including manuals are to be handed back to us on the spot.

In the case of a national emergency, an Act of God, terrorism or a natural disaster, trainings dates or locations may be changed. In this case, no refund will be due. The credit may be transferred to another training or used to purchase product.

Philip Rafferty and Germaine Byrne reserve the right to refuse the application of any student and subsequent monies will be returned to the applicant. If the applicant is under the age of 18, a Parent or Guardian’s signature is necessary. In the event of a workshop being cancelled, the student will be issued with a full refund of fees paid to date.

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