Terms and Conditions

Terms and Conditions of Use

1. About the Website

1.1. Welcome to www.igniteawakening.com (the 'Website'). The Website is owned and operated by C.J Ignite & S Ignite trading as Ignite Awakening / Ignite Crystals (ABN 94 473 990 566) (‘Ignite Awakening ’). Thank you for using Ignite Awakening products and services.

1.2. Our vision is to promote optimal health through eating clean food, using natural organic products and providing enlightenment for healing and detoxification. We provide Elite shungite, shungite, Crystals of all kinds and other products from trusted suppliers and provide guidance to our customers to bring them the enjoyment of high-quality natural and organic products at acceptable prices.

1.3. The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products') by giving you access to a guest account or a registered member account (the 'Customer Services'). Our Products include natural Crystals from all around the world, including Shungite and Elite Shungite crystals, Crystal Jewellery, Cosmetic and Health products, Natural skincare and makeup, organic foods and supplements, healing and informational videos and drink bottles.

1.4 Ignite Awakening grants licenses to its customers (our ‘Customers’) to access online digital content for guidance services in relation to our Products articles, information, guidance content, social media (Facebook, Instagram, YouTube videos), webinars and other resources (‘Digital Content’) We also provide a booklet (How to make Elite Shungite Water) when you purchase our drink bottles.

1.5 Your access to and use of our Website for the purchase of Products and access to the Digital Content or any associated products and services is governed by these terms and conditions (the 'Terms'). Please read the Terms carefully as they govern your access as a Customer to and use of our Website and the Customer Services. By using the Website, you agree that you are bound by these Terms. If you do not agree with the Terms, you must refrain from using the Website.

1.6 Please read our Privacy Policy to understand our practices regarding personal information that we collect about you through the conduct of our business and our Disclaimer which form a part of these Terms.

1.7 These Terms may be updated by us at any time, and by continuing to use the Website, you accept the Terms as they apply from time to time. If Ignite Awakening updates the Terms, we will use reasonable endeavors to provide you with notice of these updates. Any changes to the Terms take immediate effect from the date of their publication on our Website.

2. Who may use our Website

2.1 As a condition of your use of our Website and access to our Customer Services, you warrant that:

(a) you are a person authorised to enter into a legally binding contract if you are purchasing our Products;

(b) all relevant consents have been obtained to use our Products.

2.2 We retain the right in our sole discretion to deny anyone access to this Website or our Customer Services, at any time and for any reason.

2.3 You agree these Terms (which include our Privacy Policy and Disclaimer) governs your use and access to our Products and Services, our Digital Content and also any other associated documentation or booklets that we provide when you access or purchase our Products.

3. Customer and Acceptance

3.1 To obtain access to our Customer Services, we may require you to register for a customer account through our Website (‘Customer Account’).

3.2 By registering for a Customer Account, you will be required to accept the Terms by clicking the “register” button in the user interface as a condition of joining as a customer (‘Customer’). By clicking the “register” button you agree to all the terms and conditions listed on these Terms by Ignite Awakening which gives notice to you through our user interface as follows:

By Registering, you agree that you've read and accepted our website Terms and Conditions and Disclaimer and you consent to our Privacy Policy.

3.3 You acknowledge that Ignite Awakening may reject your application for a Customer Account or cancel an existing Customer Account, for any reason, in our sole discretion.

3.4 You must be 18 years or older to purchase Products through our Website and use our Customer Services. You must not register for a Customer Account if you are not of legal age to form a binding contract with us or if you are a person barred from receiving the Customer Services under Australian law or any other country in which you are a resident.

3.5 As part of the registration process for a Customer Account, you will be required to provide us with personal information including but not limited to:

(a) your name

(b) email and mailing address

(d) a telephone number

(e) a preferred username and password (‘Login Details’), and

(f) and any other information indicated as required.

(‘Customer Data’)

Customer Data includes any content that you submit to Ignite Awakening including your personal data that you may submit to us through the course of us supplying Customer Services to you. Ignite Awakening acknowledges that by you providing us with Customer Data that you are entrusting us to treat it appropriately and in accordance with our Privacy Policy.

3.6 After registration as a Customer, you may login into your Customer Account with your Login Details to gain access to the Customer Services by placing an order (‘Order’) for our Products. A contract comes into existence for the supply of the Products once acceptance of the Order is made by Ignite Awakening . Any Order not accepted by Ignite Awakening will be regarded as having been refused by Ignite Awakening .

3.7 You are solely responsible for the accuracy of the information that you submit in relation to each Order for the Products. You agree that we do not control, verify, or endorse that information.

3.8 You warrant that your Customer Data is accurate, correct and up to date. You must not submit any Customer Data that is false or inaccurate. If we detect suspicious or incomplete information, we reserve the right to cancel a Customer Account and any orders for our Products.

3.9 If your Customer Data changes, you must promptly update your Customer Account to reflect those changes. Ignite Awakening may undertake additional inquiries to confirm the accuracy of your Customer Data but is not obliged to verify Customer Data. It is your responsibility to ensure that your Customer Data is accurate and that you keep your Customer Data up to date.

3.10 You retain ownership of your Customer Data. You grant Ignite Awakening a worldwide, royalty free license to use, reproduce, modify, adapt, create derivative works of your Customer Data for the limited purposes of providing our Services to you and only as permitted by our Privacy Policy. This license also extends to any trusted third parties we work with to the extent necessary to provide our Services to you.

3.11 You are responsible for keeping your Login Details secure. Customers acknowledge that they are entirely responsible for all activities that occur under their Login Details. Ignite Awakening will not be liable for any loss or damage from your failure to maintain the security of your Login Details. You agree to immediately notify Ignite Awakening of any unauthorised use of your Login Details or any other breach of security known to you.

3.12 You acknowledge that Ignite Awakening will use the email you provide as the primary method for communication and agree to receive e-newsletters from Ignite Awakening which will always have an unsubscribe function listed at the foot of the e-newsletter.

3.13 By visiting, registering for, or using the Website and Customer Services, Customer agrees that Ignite Awakening may send direct communications including periodic newsletters and short message service (SMS) to the email addresses and mobile devices that Customer makes available which will always have an unsubscribe function listed at the foot of our communications.

3.14 You are responsible for maintaining, protecting and making backups of your Customer Data. To the extent permitted by applicable law, Ignite Awakening will not be liable for any failure to store, or for loss or corruption to your Customer Data.

3.15 Ignite Awakening may without notice terminate your Customer Account and your access to the Customer Services including the deletion of any Customer Data in it or associated with it:

(a) at any time for a breach of these Terms in the sole discretion of Ignite Awakening, or

(b) if there is no account activity associated with your Customer Account for over 12 months.

3.16 We may from time to time by notice on our Website vary our catalogue of available Products, the prices for our Products and offer additional products or services.

4. Customer Account

4.1. As a Customer of our Website, you agree that:

(a) your Customer Account is personal to you. You must not authorise or permit anyone else to access your Customer Account by using your Customer Information;

(b) your access to and use of the Website as a Customer is non-transferable and allows for the sole use of the Website by you;

(d) you are liable for giving any unauthorised third-party access to the Customer Services;

(e) you will not use the Digital Content for any commercial purpose without the express written consent of Ignite Awakening;

(f) must not sell, lease publish, redistribute or sub-license the Digital Content or any of our Copyright Material;

(g) you are responsible for maintaining the confidentiality of your Customer Information;

(h) you must not impersonate, misrepresent your identity or imitate any person when registering for a Customer Account;

(i) you warrant that you are fully able to participate in the Customer Services and offered through the Digital Content without undue risk.

4.2 Ignite Awakening reserves the right to deny any person access to a Customer Account at any time and for any reason without notice.

4.3 Customer Accounts are not transferrable.

4.4 Your access to the Customer Services will be disabled when your Customer Account is suspended, terminated or ends.

5. Payment

5.1. In using the Customer Services to purchase our Products, you agree to the payment of the purchase price listed on the Website for the Products from time to time (the 'Customer Price').

5.2. Our fees for the Customer Price are in Australian Dollars (AUD). Fees may be converted to your local currency at the time of your Order if we accept an Order for delivery outside of Australia. We reserve the right in our sole discretion to reject an Order for delivery outside of Australia. We will be entitled to add on GST for any supply in Australia.

5.3 Payment of the Customer Price may be made through the following third-party provider: bank transfer, Afterpay and Paypal ('Payment Gateway Provider'). Upon completion of sign up for our Customer Services, Ignite Awakening will create a Payment Gateway Provider checkout account on your behalf.

5.4 In using the Customer Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by Payment Gateway Provider. You acknowledge that the Payment Gateway Provider will be your default payment gateway and it is your sole responsibility to:

(a) keep the Payment Gateway Provider Account active, and

(b) to deactivate the Payment Gateway Provider Account if you do not wish to keep the account active

Payment must be made in full at the time of placing an Order. We will not hold Products against your Order if payment is not made in full or if payment is declined by your bank or credit card issuer. Customers are responsible for ensuring their credit card details are accurate and up to date when purchasing our Products.

5.5 When we confirm payment of the Customer Price and accept your Order, you will be issued with a receipt to confirm that your payment has been received. You agree that Ignite Awakening may electronically store your Customer Information and your purchase details for future use.

5.6 You are responsible for any use, activities and the payments associated with your Order. Ignite Awakening reserves the right to cancel, suspend or reject an Order for the purchase of Products on the following grounds:

(a) the inability to authorise or process any payment including a credit card payment;

(b) where Ignite Awakening suspects or confirms a breach of intellectual property rights; or

5.7 Ignite Awakening may in its sole discretion elect not to accept an Order from you. If your credit card has been charged and we have rejected your Order, we will issue a credit to your credit card account within 14 calendar days.

6. Postage and Shipping

6.1 You must make payment for the Products in full before we will dispatch the Products.

6.2 We ship within Australia and to overseas countries in our sole discretion or as listed on our Website. Please contact us by email if you require shipping to a country that is not listed on our Website.

6.3 Postage and shipping costs are at your expense. The Customer Price on our Website for Products is not inclusive of shipping and handling charges unless otherwise depicted.

6.4 You acknowledge that our Products integrate delivery (the 'Delivery Services') through third-party delivery companies (the 'Delivery Service Providers').

6.5 In supplying the Products, we may provide you with a variety of delivery and insurance options offered as part of the Delivery Services. You agree that Ignite Awakening is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

6.6 It is Customer’s responsibility to provide a delivery address and location that is not subject or liable to theft after delivery. Ignite Awakening holds no financial responsibility if the courier has delivered the item according to the instructions and address provided (where the Customer has given incorrect, inaccurate or incomplete delivery details). In these circumstances, it is Customer’s responsibility to contact the Delivery Service Provider to update their address details and Customer is responsible for any additional postage fees as a result of providing an incorrect, inaccurate or incomplete delivery address.

6.7 In the event that your Product is lost or damaged during the Delivery Services, Ignite Awakening asks that you contact us by sending an email to the email addressed published on our Website outlining in what way the Products were damaged in transit, so we can contact the Delivery Service Provider directly to make a claim and to determine if the Delivery Service Provider should be removed as a supplier.

6.8 For locations in Australia, please allow 3 to 10 calendar days for delivery-by-Delivery Service Providers. As a definite delivery time is outside of our control, we provide no guarantee that your Products will be delivered within 3 to 10 calendar days.

6.9 For international locations, please allow 30 calendar days for delivery-by-Delivery Service Providers. As a definite delivery time is outside of our control, we provide no guarantee that your Products will be delivered within 30 calendar days.

6.10 The cost of any delivery and shipping will be automatically calculated for you at checkout on our Website.

6.11 Sales tax (GST) will be applied for shipping addresses based in Australia. You will be responsible for any sales tax, customs duty or any other taxes and charges levied on the supply by any government and regulatory authority in Australia or worldwide.

6.12 You accept that any delivery or re-delivery fees you pay are non-refundable except where required by law.

6.13 You are responsible to make all arrangements necessary to take delivery for the Products otherwise Ignite Awakening will be entitled to charge a reasonable fee in the event that redelivery is required. Some carriers may require a signature for delivery and you will be responsible to arrange for signature at the delivery premises and for collection of any notices for re-delivery or other collection arrangements. You will bear the liability of and cost for any additional charges to carry out re-delivery or multiple delivery attempts.

6.14 You are liable for any postage and shipping costs associated with a refund unless you are legally entitled to claim reasonable postage or transportation costs.

7. Title and Risk

7.1 Title to the Products shall remain with Ignite Awakening until you have paid the full invoice price for the Products.

7.2 The risk in the Products will pass from Ignite Awakening to you at the earlier of:

(a) time of payment of our tax invoice in full, or

(b) time of delivery of the Products to the point of delivery in the Order.

From that time on, you assume all risk of loss and damage to the Products including without limitation all loss or damage in the course of unloading the Products following delivery.

8. Returns and Refund Policy

8.1 Returns and refunds will be processed in accordance with the Australian Consumer Law.

8.2 Returns or refunds are made in our discretion subject to any guarantees that cannot be excluded under the Australian Consumer Law.

8.3 Ignite Awakening does not offer returns and refunds for ‘buyers’ remorse’ or if you have changed your mind, where you choose the wrong size or colour, you have damaged the goods after purchase, where you have had partial use or benefit of the goods after purchase or for “exchanges”.

8.4 It is your responsibility to inspect your Products on delivery. Should your Products be defective upon receipt, not match the description or are not fit for the purpose specified, Ignite Awakening will offer a full refund, replacement or repair of the Products in accordance with its obligations under the Australian Consumer Law.

8.5 You are entitled at your option to a replacement or a refund for a major failure of a Product including if there is significant damage in transit. For example, a major failure occurs where you would not have bought the Product if you had known about the defect and the Product is significantly different to what was described, the Product is substantially unfit for its usual purpose or a purpose made known to you or the Product is unsafe.

8.6 If there is a minor problem with the Product, Ignite Awakening has the option to give you a free repair or replacement instead of a refund.

8.7 For any returns, you must send us a receipt or proof of purchase together with your order number, contact information, items being returned and the reason for the return at our Contact us details. If you qualify for a refund, we will notify you via e-mail of your refund. You will be refunded the purchase amount, and, for any claims under the Australian Consumer Law for defective products you are entitled to recover reasonable postage costs but you must provide us with a receipt. If the Product is found not to have a defect, you may be required to pay for postage costs. You can expect a refund in the same form of payment originally used for purchase with time for payment within approximately three (3) weeks of receiving our email. Alternatively, if your Product is returned to us, within three (3) weeks of us receiving the returned Product. We will always try to make refunds as soon as we can.

8.8 Returns will only be considered for Products in original unwashed and unaltered condition (preferably in original packaging with original tags). Products that have been modified or excessively handled will not be accepted as a return. No credit will be allowed for Products that have been used, modified or damaged or used in a manner or purpose for which the Product was not intended. We do not offer refunds in the following circumstances:

Fair wear and tear
Incorrect assembly or not installed or maintained in accordance with accompanying documentation
Inadequate storage
Inappropriate cleaning
Misuse
Lack of maintenance
The Product has been modified in anyway
Product used in a manner or purpose for which the Product was not intended
Repaired or serviced by someone other than Ignite Awakening
Damage to Products due to events out of our control including Force Majeure once the Products are delivered to you.

8.9 You are responsible for returning the Products to Ignite Awakening . Defective products will only be accepted for credit within 14 calendar days of the date of delivery and must be accompanied by the receipt and a reason for the return so that we can identify the transaction and assess the legitimacy of the fault.

8.10 Returns or refunds are made in our discretion subject to any guarantees that cannot be excluded under the Australian Consumer Law.

8.11 If you have placed your Order and we are unable to provide all or part of any of your order, we reserve the right to cancel your order, notify you of this and refund any money paid for the part of the order that we cannot complete.

9. Copyright and Intellectual Property

9.1 In these Terms:

“Intellectual Property (Rights)” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.

“Works” means any material or Digital Content made available on the Website and included in our Customer Services, including (without limitation) written texts, booklets, documents, articles, news, newsletters, posts, commentaries, surveys, data, photographs, pictures, graphic works, video, or images.

9.2 Customer acknowledge that ownership of the Intellectual Property Rights relating to the Website or our Customer Services is the property of, licensed by or vest on creation in Ignite Awakening.

9.3 The Works on the Website or generated by or related to any of our Customer Services including our Digital Content (“Copyright Material”) are subject to copyright and owned by the copyright owner. The Copyright Material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Copyright Material and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us. Data procured from a third party may be the subject of copyright owned by that third party.

9.4 The Website and the Copyright Material or any part of it (including, without limitation, any content or images) may not be copied, reproduced, adapted, publicly displayed, duplicated, translated or distributed in any way (including mirroring) to any other device, server, website or other medium for publication or distribution, without our express prior written consent. Customers shall take due care to protect the Intellectual Property Rights licensed via our Customer Services from unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication.

9.5 All Intellectual Property including any trade marks, service marks, trade names and any other proprietary designations are owned, registered or licensed by us. Any other trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties.

9.6 Unless otherwise stated, Ignite Awakening retain all rights, title and interest in and to the Copyright Material on the Website and delivered under our Customer Services. Nothing Customer does on or in relation to the Website or our Customer Services will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;

(b) right to use or exploit a business name, trading name, domain name, trade mark or industrial design;

(c) thing, invention, design, system, work or process that is the subject of a patent, registered design or copyright or any other Intellectual Property Right (or an adaptation, improvement, modification of such a thing, invention, design, system, work or process); or

(d) any proprietary rights to Digital Content or our database, know-how or technology.

9.7 “Ignite Awakening” and all associated trade marks on the Website are our trade marks or any related entities. Customer must not use our trade marks:

(a) in or as the whole or part of Customer own trade marks;

(b) in connection with activities, products or Customer Services which are not ours; or

9.8 The obligations accepted by Customers under this clause survive termination or expiry of these Terms.

10. Warranties and Representations

10.1 No warranty of any kind whether express or implied is made in relation to the accuracy of the Digital Content, any Copyright Material or any content on the Website.

10.2 Ignite Awakening does not warrant that the Customer Services will be performed error-free, uninterrupted or free of bugs or viruses.

10.3 It is Customer’s sole responsibility to determine that the Customer Services or any part of these meet the needs of Customer or are otherwise suitable for the purpose for which they are purchased.

10.4 Ignite Awakening excludes from these Terms all other warranties, conditions and terms implied by law except for any, the exclusion of which would contravene any law.

10.5 Customer represents and warrants that Customer:

(a) is legally permitted to use and access the Customer Services;

(b) takes full responsibility for the selection and use of and Customer’s access to the Customer Services;

(c) is solely responsible for the accuracy of the Customer Data that Customer submits in relation to the supply of the Customer Services;

(d) agrees that Ignite Awakening does not control, verify, or endorse the Customer Data;

(e) is solely responsible for creating backups of Customer Data; and

(f) in relation to Customer Data, that Customer owns it or is licensed to use the Intellectual Property Rights in it and that the use of the Customer Data will not result in the infringement of any of the proprietary rights of third parties.

10.6 Customer warrants that the Customer Data is not in contravention of any legislation or any advertising or marketing laws or any other third-party rights.

10.7 This clause survives the termination or expiry of these Terms for whatever reason.

11. Privacy

11.1 In these Terms, personal information has the meaning as defined in the Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth). Please refer to our Privacy Policy which is made a part of these Terms.

11.2 If you are a non-Australian user of the Website, you agree that your personal information is stored in our servers in Australia and is subject to the applicable Australian Privacy Laws. You accept that by providing us your personal information, we will deal with such personal information as set out in our Privacy Policy.

12. Limitation of Liability

12.1 You expressly understand and agree that Ignite Awakening , its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

12.2 This exclusion of liability includes without limitation:

(a) the completeness, truth, suitability, quality or accuracy of the information or Products descriptions published on our Website and through our Digital Content (including third-party material and advertisements);

(b) that the information on the Website is up to date; or

You accept that we take no responsibility for any error or omission relating to the Digital Content on the Website.

12.3 These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible we limit our liability as follows, at our option:

(a) for any claims relating to these Terms, to the price of the Products and Digital Content;

(b) in the case of products including any digital products (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products; or (d) the payment of having the products repaired; or

(c) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

12.4 Ignite Awakening total liability arising out of or in connection with the Customer Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent purchase price paid by you under these Terms or where you have not paid the Customer, then the total liability of Ignite Awakening is the resupply of information or Customer Services to you.

12.5 Ignite Awakening is not responsible or liable in any manner for any content or material on the Website (including the Digital Content and third-party) posted on the Website or in connection with the Customer Services, whether posted or caused by Customers or users of the Website or by any other third parties.

12.6 You acknowledge that Ignite Awakening does not provide the Delivery Services to you and you agree that Ignite Awakening will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

13. Termination of Contract

13.1 The Terms will continue to apply until terminated by either you or by Ignite Awakening as set out below.

13.2 If you want to terminate the Terms, you may do so by:

(a) notifying Ignite Awakening at any time; and

(b) closing your accounts for all of the Customer Services which you use, where Ignite Awakening has made this option available to you.

Your notice should be sent, in writing, to Ignite Awakening via the 'Contact Us' link on our homepage.

13.3 Ignite Awakening may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or Ignite Awakening reasonably suspects that you intend to breach any provision;

(b) Ignite Awakening is required to do so by law;

(c) the partner with whom Ignite Awakening offered the Customer Services to you has terminated its relationship with Ignite Awakening or ceased to offer the Customer Services to you;

(d) Ignite Awakening is transitioning to no longer providing the Customer Services to Users in the country in which you are resident or from which you use the service; or

(e) the provision of the Customer Services to you by Ignite Awakening is, in the opinion of Ignite Awakening , no longer commercially viable.

13.4 Subject to local applicable laws, Ignite Awakening reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Customer Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Ignite Awakening name or reputation or violates the rights of those of another party including any intellectual property rights.

13.5 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Ignite Awakening have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

14. Indemnity

14.1 You agree to indemnify Ignite Awakening, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any content you post through the Website;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

15. Dispute Resolution

15.1 A Party must not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms (Dispute) unless it has complied with this clause.

15.2 A Party claiming that a Dispute has arisen must notify each other Party to the Dispute giving details of the Dispute.

15.3 During the 30-calendar day period after a Notice is given (or longer period agreed in writing by the Parties to the Dispute) (Initial Period) each Party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.

15.4 If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute must be referred for mediation, at the request of any Disputant, to:

(a) a mediator agreed on by the Disputants; or

(b) if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Disputants must submit the Dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.

15.5 The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.

15.6 Any information or documents disclosed by a Disputant under this clause must be kept confidential and may not be used except to attempt to resolve the Dispute.

15.7 Each Disputant must pay its own costs of complying with this clause. The Disputants must pay equally the costs of any mediator engaged.

15.8 The mediation will be held in Brisbane, Australia.

15.9 After the Initial Period, a Disputant that has complied with this section may terminate the dispute resolution process by giving Notice to each other Disputant. A Party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise if the parties have failed to resolve the dispute within thirty (30) calendar days after commencement of dispute resolution.

16. Venue and Jurisdiction

The Customer Services offered by us are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

17. Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

18. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

19. Severance

Any provision of this agreement which is invalid in any jurisdiction must in relation to that jurisdiction be:

(a) read down to the minimum extent necessary to achieve its validity (if applicable); and

(b) severed from this agreement in any other case,

without invalidating or affecting the remaining provisions of this document or the validity of that provision in another jurisdiction.

20. Waiver

The failure of Ignite Awakening to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

21. Force Majeure

We accept no liability for any delay or failure to perform our obligations under these Terms if such a delay or failure is due to circumstances beyond our reasonable control.

22. Trade Marks

The trade marks used on the Website are a trade mark or registered trade mark of Ignite Awakening or licensed by Ignite Awakening (the ‘Trade Marks’). You must not use the Trade Marks: (a) in or as the whole or part of your own trademarks; (b) in connection with any business, products or services which are not ours; (c) in a manner which may be confusing, misleading or deceptive to any person; or (d) in a manner that disparages us, the Customer Services, or the Website.

23. Advertising and Links

The Website may contain links and other pointers to Internet websites or applications operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those sites. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services.

24. Feedback and Social Media

24.1 Your feedback is important to us. We welcome and encourage you to provide feedback, images, photos, reviews, comments and suggestions for improvements (collectively "Material") to our Website and our Products. You may submit Material by emailing us at the email address published on our Website from time to time.

24.2 Our Website connects to or is related to the following social media platforms: Facebook, Twitter, Pinterest, Instagram, YouTube and various blogs (collectively ‘Social Media Platforms’). The terms, conditions and policies that apply to the Social Media Platforms also apply to the Ignite Awakening accounts that the Social Media Platforms host. You should familiarise yourself with the terms, conditions and policies of the Social Media Platforms before you participate in them.

24.3 We reserve the right to remove or disable access to a Customer’s participation in our Social Media Platform in our sole discretion without notice including for:

intellectual property infringement;
defamatory, unlawful, hateful, offensive, threatening, harassing or otherwise objectionable participation;
illegal or unauthorised actions including for commercial advertisements or other forms of solicitation or collecting email addresses;
participation that is not in compliance with all applicable laws and regulations or the terms, conditions and policies of the applicable Social Media Platforms.

24.4 You grant to us a royalty-free irrevocable license to use your Material on our Website or on Social Media Platforms for advertising, promotional and review purposes.

24.5 When you interact with any Ignite Awakening page or account on these Social Media Platforms, we may collect personal information that you make available to us on that page or account subject to Ignite Awakening complying with its Privacy Policy and the privacy policies of the corresponding Social Media Platforms.

25. Public Statements

You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to Ignite Awakening without our prior written permission.

26. Our Details

26.1 This Website is owned and operated by C.J Ignite & S Ignite trading as Ignite Awakening / Ignite Crystals (ABN 94 473 990 566)

26.2 You can contact us:

(a) by telephone, on the contact number published on our Website from time to time;

(b) by email, using the email address published on our Website from time to time.

Terms last updated 12 August 2022