TERMS + CONDITIONS
LAST UPDATED: 4th April 2022
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING ANY OF OUR PRODUCTS, SERVICES, AND PROGRAMS
Ellen Sirena Pty Ltd (“Ellen Sirena”, ” “we,” “us,” or “our”) welcomes you to our website. We invite you to access and use our websites, including, without limitation, ellensirena.com, ellensirenacourses.com, mammasabundantearth.com (the “Websites”).
Any user who registers with us (each, a “Registered User”) and wishes to purchase a Product, Program, or Service through one of our Websites, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such Product, Program or Service.
The section below-titled DISPUTE RESOLUTION contains information regarding the use of arbitration on an individual basis to resolve disputes, rather than trial by jury, limiting the remedies available to you in the event of a dispute. They affect your legal rights, please ensure you read them carefully. You agree and fully understand by using our Websites or enrolling in, purchasing, and/or using any of our Programs, Products, Services, and Program Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our Websites to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our Websites then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Ellen Sirena’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our Websites, Progams, Products or Services that you agree and accept that Ellen Sirena is not legally responsible for any loss or damage you might suffer related to your use of our Websites, Programs, Products or Services whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the Websites. This includes your use or reliance on any third-party content, links, comments, or advertisements. Your use of, or reliance on, any information or materials on our Websites, Programs, Products or Services is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any Programs, Products, Services or information available through our Websites meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Ellen Sirena’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use our Websites and to purchase any of our Programs, Products, and Services.
DELIVERY OF PHYSICAL GOODS
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Ellen Sirena.
DELIVERY OF DIGITAL GOODS
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us at email@example.com so we may try to assist you.
RETURNS AND REFUNDS
Ellen Sirena handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Due to the extensive time, effort, preparation, love, and care that goes into the creation of our Programs, Products, Services, and Program Materials, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Products, and Services, and no refunds will be provided to you at any time. By purchasing and/or using any of our Programs, Products, Services or Program Materials, you agree and understand that all sales are final with no refunds provided.
Should you wish to cancel/return your order, please notify us within 48hours of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the discretion of Ellen Sirena.
PURCHASES & ONLINE COMMERCE
If you purchase any of our Products, Programs or Services via debit card or credit card, you give us permission to automatically charge your debit card or credit card without any additional authorization, for which you will receive an electronic receipt. All information obtained during your transaction or purchase for our Programs, Products, and Services and all the information that you give us as part of the transaction, suc as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.
Payments not received by the date due will result in your access being immediately and permanently revoked and access denied. You will still remain fully responsible for the full cost of the Programs, Products, and/or Services if you fail to make payment in a timely manner or voluntarily decide to withdraw at any time or for any reason whatsoever.
We use STRIPE as our secure payment processor. STRIPE may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing of STRIPE and other Merchants. For more information regarding STRIPE and it’s terms and conditions that may apply, visit STRIPE website and click on its information links or contact STRIPE directly.
You release us, our affiliates, STRIPE, and other Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchases through or use of our Websites or its Content.
LINKS TO OTHER WEBSITES
Ellen Sirena may from time to time provide on its website, links to other websites, advertisements, and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval, or arrangement between Ellen Sirena and the owners of those websites. Ellen Sirena takes no responsibility for any of the content found on the linked websites.
Ellen Sirena’s Websites may contain information or advertisements provided by third parties for which Ellen Sirena accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, Ellen Sirena absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Ellen Sirena gives no warranty that the Products, Programs, Services, Program Materials will be free of errors, or that defects will be corrected, or that our Websites or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable, and up-to-date information on our Websites, we do not warrant or make any representations regarding the use or the result of the use of any Product, Program, Service, Program Material, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Ellen Sirena to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using our Websites or any products or services that may be offered through it. It is your responsibility to do so.