Reach Potential Users' Agreement
| The disclaimer below has two parts: the first Part ensures that you understand that all techniques and material offered by Spiritual Metamorphosis Pty Ltd are part of a self-directed educational program designed to promote personal and/or spiritual growth and are in no way a psychological or medical or healing modality. The first Part also requires you to agree you will not share material with others who have not signed this agreement or are without our written permission to do so. The second Part sets out the usual legal conditions for proper use of the site. If you feel more comfortable to go through all the legalese, it is set out below. Otherwise, you can simply click the "agree" button. PART ONE PROGRAM SUITABILITY I understand that all educational material offered by Spiritual Metamorphosis Pty Ltd, trading from Reach Potential.com.au and Soul Creativity.net does not constitute therapeutic advice and no techniques therein are intended for or should be used as therapeutic vehicles for persons requiring assistance with any medical, psychological or nervous dysfunction or disorder. I will not hold Spiritual Metamorphosis Pty Ltd (ACN 002 557 548) nor any of its associated companies, representatives or employees responsible or liable for any loss, damage or injury to me or my property from any adverse effects associated with or resulting from the use of misuse of any part to the Reach Potential program (howsoever arising, including negligence.) I indemnify Spiritual Metamorphosis Pty Ltd from any claim made against it by persons suffering loss, damage or injury through use or misuse of any part of the Spiritual Metamorphosis program where that person has obtained any part of the Spiritual Metamorphosis program directly or indirectly from or through me in breach of this Agreement (Clause 4 below.) Therefore: I declare that I do not intend to use the material for the alleviation of any neurological, psychiatric or brain disorder. I accept full responsibility for the personal use of the material and agree that I shall of my own volition withdraw from the program if at any time I do not feel that it is safe for me to use. I agree not to pass any Reach Potential visualization or material to others other than that published as free material, or copy, alter or reproduce such visualization or material unless licensed to do so as an accredited facilitator. PART TWO USE OF ONLINE FACILITIES AND MATERIAL Reach Potential Network (RPN) is an Internet-based online service provided to support students and practitioners of the personal and spiritual development process and programs, collectively termed the Siramarti Process, provided by Spiritual Metamorphosis Pty Ltd (ACN 002 557 548) trading as Reach Potential, such members being subject to the terms and conditions of this Member Agreement ("Agreement"). This Agreement constitutes the entire agreement between you as a fee-paying student or subscribing member of RPN (referred to hereafter as Member) and Spiritual Metamorphosis Pty Ltd. By using RPN, you confirm your acceptance of, and agree to be bound by, this Agreement. 1. Members Information The name, address and payment information that you provide when you enroll in RPN, together with information regarding the manner in which you use RPN, will not be processed or disclosed by Spiritual Metamorphosis Pty Ltd. except as permitted by this Agreement. 2. RPN Members Usage 2.1 You may participate in the forums, download and upload files, engage in such online conferences and chats as may be held, and otherwise use RPN as permitted by this Agreement, RPN’s policies and applicable law. Files that you upload and your activity in conferences and chats are subject to review, modification and deletion without notice by the manager responsible for web site management (or by an individual designated by the manager for such purpose). RPN policies relating to online conduct, retrieving and storage of uploaded files, conferences, forum section, and other matters are available online and in the published material. Spiritual Metamorphosis reserves the right in its sole discretion to change RPN policies at any time. Files uploaded to the website Libraries may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them. 2.2 You are responsible for your communications via, and your use of, RPN. You may not, under any circumstances, do any of the following: a) publish, post, distribute or disseminate defamatory, infringing, obscene or other unlawful material or information relating to financial or investment advice via RPN; b) use RPN to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; c) upload files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights thereto or have received all necessary consents; d) upload files that contain a virus or corrupted data; e) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to the library or forum sections; f) falsify the source or origin of software or other material contained in a file that you upload to the library or forum sections; g) use RPN in a manner that adversely affects the availability of its resources to other Members; h) send e-mail to Members for any purpose other than personal communication. You may not use e-mail to advertise or offer to sell goods or services to other Members (except as otherwise expressly permitted by Spiritual Metamorphosis Pty Ltd); i) download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights thereto or have received all necessary consents; or j) act, or fail to act, in your use of RPN, in a manner that is contrary to applicable law or regulation. In addition, each time you upload a file on RPN you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other Member the right to download and use such file for personal use. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability, as well as termination of your membership. 2.3 You agree to: a) maintain all equipment required for your access to and use of RPN; b) maintain the security of your Member identification, password and other confidential information relating to your RPN account; and c) be responsible for all charges resulting from use of your RPN account, including unauthorized use prior to your notifying Spiritual Metamorphosis Pty Ltd of such use and taking steps to prevent its further occurrence by changing your password. Information on how to protect the security of your RPN account (including changing your password) is available from Spiritual Metamorphosis. Pty Ltd PO Box 69, Black Rock, Victoria 3193, Australia. 2.4 Either you or Spiritual Metamorphosis Pty Ltd may terminate your RPN membership at any time, with or without cause, upon notice. Spiritual Metamorphosis Pty Ltd also reserves the right to terminate or suspend your RPN membership or delete any content that Spiritual Metamorphosis Pty Ltd believes infringes clause 2.1 or is inappropriate without prior notice, but Spiritual Metamorphosis Pty Ltd will confirm such termination or suspension by subsequent notice. 3. Members Usage 3.1 Spiritual Metamorphosis Pty Ltd reserves complete and sole discretion with respect to the operation of RPN. Spiritual Metamorphosis Pty Ltd may, among other things: a) monitor conferences and chats and authorize restrictions on access thereto, and; b) withdraw, suspend or discontinue any functionality or feature of RPN. 3.2 Spiritual Metamorphosis Pty Ltd will not distribute uploaded files outside RPN or the web site without the uploading student’s or Member’s consent. 4. Member Presentations You agree to be financially responsible for your use of SMN and to comply with your responsibilities and obligations as stated in this Agreement. 4.1 Content RPN and Spiritual Metamorphosis Pty Ltd do not endorse or stand behind the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of RPN, other than information provided by authorized Spiritual Metamorphosis spokespersons. Statements made in communications to RPN reflect only the views of their authors. Their views do not necessarily reflect those of Spiritual Metamorphosis Pty Ltd. Advice received via RPN should be taken with discernment. Such advice should be considered as opinion to be assessed with other feedback. With regard to important personal or financial decisions, you are advised to consult an appropriate professional for specific advice tailored to your situation. 4.2 Ownership All programs, services, processes, designs, software, technologies, trademarks, trade names(including the use of the names, Reach Potential, Spiritual Metamorphosis, Siramarti Process, and abbreviations (RP, SM, RPN and SMN) where such abbreviations refer to this program and service) inventions and materials comprising the Reach Potential educational material and the Reach Potential web site and all services and merchandise offered by it are wholly owned by Spiritual Metamorphosis Pty Ltd except for such material as is uploaded to the RPN by Members, in which case the Member will retain his or her intellectual property rights in he material and will grant to Spiritual Metamorphosis Pty Ltd an irrevocable license to use such material for its own purposes No portion of this material may be used to indicate or imply support for a particular philosophy or agenda without the written permission of the authors. Not translation of the material may be distributed without the direct participation and consent of the copyright holders. Spiritual Metamorphosis Pty Ltd has a compilation copyright in RPN and its web site, but does not possess, claim ownership, of or exert control over individual uploaded files the forum or the intellectual property contained therein. All communications from Fiona McDougall and Suzie St. George and other accredited purveyors of information pertaining to the program are owned and copyrighted by Spiritual Metamorphosis Pty Ltd. 4.3 No Warranties & Limitations of Liability 4.3 (i) RPN and all RPN software and services are provided "as is," and RPN and Spiritual Metamorphosis Pty Ltd make no express or implied representations or warranties to you regarding the usability, condition or operation thereof. RPN and Spiritual Metamorphosis Pty Ltd do not warrant that access to or use of RPN will not be interrupted or error-free or that RPN or RPN software or services will meet any particular criteria of performance or quality. To the maximum extent permissible by law, RPN and Spiritual Metamorphosis Pty Ltd expressly disclaim all implied warranties including without limitation, warranties of merchant ability, title, fitness or a particular purpose, non-infringement, compatibility, security, or accuracy. Where a warranty implied by law may not be excluded or modified but may be limited as follows, you shall solely be entitled to (in the case of goods) the replacement of the goods, the supply of equivalent goods, the repair of the goods or the payment of the cost of replacing the goods or of acquiring equivalent goods, and (in the case of services) the supplying of the services again or the payment of the cost of having the services supplied again. 4.3 (ii) Your use of RPN and all RPN software and services is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files or other material (including RPN software) obtained through RPN. You agree that RPN, Spiritual Metamorphosis Pty Ltd, and providers of telecommunications and network services for RPN will not be liable for damage (including consequential or special damage) arising out of your use of or inability to use RPN or any RPN software or services, or the goods or services they provide, and you hereby waive any claims with respect thereto, whether based on contractual, or other grounds including negligence, even if RPN or Spiritual Metamorphosis Pty Ltd has been advised of the possibility of damages. RPN’s and Spiritual Metamorphosis Pty Ltd’s liability to you for breach of this agreement is limited to the amount actually paid by you for access to and use of RPN. You hereby release RPN and Spiritual Metamorphosis Pty Ltd from any and all obligations, liabilities and claims in excess of this limitation. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you. 4.3(iii) You agree to indemnify Spiritual Metamorphosis Pty Ltd, RPN their directors and employees against any claims (whether successful or not, including all legal costs) made against one or more of them in relation to material uploaded by you or by other persons logging on as you whether or not these persons were authorized by you to do so. 5. Charges 5.1 You agree to pay all charges (including, without limitation, the RPN Member fees) for your use of RPN at the prices then in effect for your country of residence. Spiritual Metamorphosis Pty Ltd reserves the right to change prices or institute new charges for access to or use of RPN at any time upon not less than thirty (30) days’ notice to students and Members. 5.2 Your RPN fees as charged by Spiritual Metamorphosis Pty Ltd are payable in advance and are non-refundable (including where Spiritual Metamorphosis Pty Ltd exercises its rights under Clause 2.4).You can pay these fees by credit/debit card or by check/money order. Arrangements for method and frequency of payment are to be arranged by calling or e-mailing the Spiritual Metamorphosis Pty Ltd offices. You must promptly notify Spiritual Metamorphosis Pty Ltd of changes to: a) the account number or expiration date of your designated card, and; b) your billing address. You must also promptly notify Spiritual Metamorphosis Pty Ltd if your card is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your Member identification or password. 6. Payments Spiritual Metamorphosis Pty Ltd reserves the right to suspend or terminate your RPN membership without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Spiritual Metamorphosis Pty Ltd when Spiritual Metamorphosis Pty Ltd believes you are liable for the charge. 7. Assignment Your RPN membership is personal. You agree not to assign, transfer or sub-license your rights as a Member. 8. Indemnification You agree to indemnify RPN and Spiritual Metamorphosis Pty Ltd from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims based upon use of your RPN account, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Members and infringement of intellectual property or other rights. Spiritual Metamorphosis Pty Ltd will notify you promptly of any claim for which RPN or Spiritual Metamorphosis Pty Ltd seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to RPN’s or Spiritual Metamorphosis Pty Ltd’s interests, as reasonably determined by RPN or Spiritual Metamorphosis Pty Ltd. 9. Notices and Consent 9.1 Notices given by Spiritual Metamorphosis Pty Ltd to you will be given by e-mail, fax, by a general posting on the web site, or by conventional mail. In any matter requiring Spiritual Metamorphosis Pty Ltd’s prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of Spiritual Metamorphosis Pty Ltd. 9.2 Notices given by you to Spiritual Metamorphosis Pty Ltd must be given by e-mail or by conventional mail. Notices to RPN or Spiritual Metamorphosis Pty Ltd by conventional mail must be sent to Spiritual Metamorphosis Pty Ltd, Attn.: Reach Potential Services, PO Box 69, Black Rock, Victoria 3193 Australia. 10. Effective Date and Changes to Terms This Agreement takes effect on the date on which you first use RPN services and continues until your RPN membership is terminated either by you or by termination dates set by Spiritual Metamorphosis Pty Ltd (though clauses 2.2, 4, 5, 6, 7, 8, 11 and 14 will survive the termination of this Agreement). Spiritual Metamorphosis Pty Ltd reserves the right to change this agreement at any time by posting changes online. You are responsible for reviewing regularly information posted online in the section Latest News to obtain timely notice of such changes. Your non-termination or continued use of RPN after changes are posted constitutes your acceptance of this agreement as modified by the posted changes. 12. General 12.1 This Agreement is governed by the laws of the State of Victoria and you consent to the exclusive jurisdiction and venue of courts in Victoria in all disputes arising out of or relating to your use of RPN or your RPN membership. 12.2 You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and RPN, or between you and Spiritual Metamorphosis Pty Ltd as a result of your use of RPN or your RPN membership in itself. You agree not to hold yourself out as a representative, agent or employee of RPN or Spiritual Metamorphosis Pty Ltd unless you have a legal contractual arrangement to represent them and that neither RPN nor Spiritual Metamorphosis Pty Ltd will be liable by reason of any representation, act or omission to act by you. 12.3 Spiritual Metamorphosis Pty Ltd performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of Spiritual Metamorphosis Pty Ltd’s right to comply with law enforcement requests or requirements relating to a Member’s use of RPN or information provided to or gathered by Spiritual Metamorphosis Pty Ltd with respect to such use. 12.4 This Agreement constitutes the entire agreement between RPN and Spiritual Metamorphosis Pty Ltd and you with respect to your use of RPN and your RPN membership, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between RPN and Spiritual Metamorphosis Pty Ltd and you with respect thereto. |
