The following Terms of Use apply to the Awaken website (https://awaken.ruthiephillips.com), and to the services, products, resources, information, content and materials on the Awaken Web Site. By using the Awaken Web Site or its contents you accept and agree to comply with the following Terms of Use.
We reserve the right to modify, alter, update, or remove portions of these Terms of Use at any time, so please check these Terms of Use and our Privacy Policy from time to time.
Your continued use of the Awaken Web Site signifies your acceptance of any changed items. If you do not agree with our Terms of Use, your sole remedy is to discontinue your use of the Awaken Web Site. The failure of Ruthie Phillips of the informational site, (the “Supplier”, Ruthie Phillips) to enforce these Terms of Use, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
RUTHIE PHILLIPS TERMS OF USE.
Community Conduct
While using the Awaken Web Site you are a part of the Ruthie Phillips Awaken community, and you agree that your use will respect the rights of other members of the community. In particular you agree not to:
(1) restrict or inhibit any other user from using the Awaken Web Site or website content;
(2) take any action intended to threaten, intimidate or harass any other user of the Awaken Web Site, or which is abusive, illegal, hateful, sexually or racially or ethnically discriminatory, otherwise objectionable or harmful;
(3) use the Awaken Web Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in those specified ways that are designed for such a purpose; or
(4) submit, publish, distribute, or transmit through the Awaken Web Site or its e-mail links materials that do not meet the requirements of these Terms of Use; or
(5 ) impersonate any person or entity or forge anyone else’s digital or manual signature or attempt to gain unauthorized access to Ruthie Phillips or any other person’s computers, software or data.
We reserve the right to prohibit use of the Awaken Web Site or the purchase of products and services from Ruthie Phillips by any user who, in our sole discretion, violates these Terms of Use. Such a prohibition may occur without notice to the user. If you believe another user is violating these terms, you may notify Ruthie Phillips, and we will work in good faith to resolve any such issues. However, we have no obligation to monitor the Awaken Web Site or Site Content and are not responsible for the accuracy or reliability of any Ruthie Phillips Site Content, or opinion, advice, or statement made on the web site, or for any defamatory, offensive, or illegal conduct by any user of the Awaken Web Site.
Ruthie Phillips reserves the right to investigate suspected violations of these Terms of Use, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on Ruthie Phillips servers and network. You hereby authorize Ruthie Phillips and its distribution affiliates to cooperate with
(i) law enforcement authorities in the investigation of suspected criminal violations, and
(ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce these Terms of Use.
Such cooperation may include Ruthie Phillips providing the username, IP address, or other identifying information.
Submissions to the Awaken Website
While participating in Ruthie Phillips Awaken community, you may submit to the resources, links, applets, information, content, software code, graphics, artwork, templates or other materials (“Submissions”) in accordance with the guidelines set forth at the areas of the Awaken Web Site where Submissions are accepted.
You hereby grant to Ruthie Phillips a non-exclusive, perpetual, worldwide, royalty-free license to link to, reproduce, distribute, adapt, perform, display and create derivative works from your Submissions, and to sublicense any of the foregoing rights. If your Submissions include software source code, the foregoing license includes the right to analyze, report on, summarize and display the source code. Ruthie Phillips reserves the right at any time and without notice to refuse to post or to remove any Submission, in its sole discretion.
You agree that your Submissions will meet all of the following requirements for appropriate content, and make the following representations and warranties to Ruthie Phillips.
You have all rights and has obtained all approvals, consents, release clearances, licenses and authorizations needed for the grant of rights and licenses hereunder, and any Publication of your Submissions does not violate or conflict with any other agreement you have made.
Your Submissions do not infringe or otherwise violate any patents, copyrights, trademarks, trade secrets, or any other proprietary rights of any third party.
Your Submissions do not contain any virus, worm, Trojan horse or other routine intentionally designed to damage or allow unauthorized access to the Awaken Web Site or any content or online courses on the Web Site, or any other hardware, software or data.
Your Submissions do not include material that may be used in any attempt to circumvent the user authentication or security of any host, network, or account, including the documentation and tutorials on tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools.
Your Submissions:
(i) do not constitute or encourage a criminal or civil offense or unethical activity and do not otherwise give rise to liability;
(ii) comply with all applicable laws, rules and regulations;
(iii) do not contain any false, misleading, libellous or defamatory statements;
(iv) do not constitute an invasion of the rights of privacy or publicity of any third party libellous; and
(v) are not obscene, pornographic, threatening, sexually or racially or ethnically discriminatory, or otherwise objectionable or harmful.
Downloading Software
All software and documentation available for download from the Awaken Web Site is the copyrighted work of Ruthie Phillips or its licensors. Software and documentation ownership is retained by the copyright holder. You are only licensed to use the software subject to certain restrictions contained in the end user license agreement accompanying such software. You expressly agree that any software or other Ruthie Phillips Site Content, downloaded or otherwise obtained through the use of the Awaken Web Site is done at your own discretion and risk and that you will be solely responsible for any damage to your network or computer system or loss of data that results from the download of software or other Ruthie Phillips Site Content.
Disclaimers and Warranties
Products and services sold on the Awaken Web Site are provided by third parties with only the representations and warranties that those third parties generally provide to their customers with respect to such products and services Ruthie Phillips warrants that it will comply with the Purchases and Returns Policy with respect to any products or services purchased from Ruthie Phillips, but makes no other representations or warranties whatsoever with respect to the products or services of third parties. Except for these limited warranties, the Awaken Web Site and Site Content are provided on an “as is” and “as available” basis.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW RUTHIE PHILLIPS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE WEB SITE OR THE SITE CONTENT, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT.
Ruthie Phillips does not make any representations or warranties that:
(1) the Awaken Web Site or Site Content or any products or services purchased from Ruthie Phillips will meet your requirements or expectations;
(2) the operation of the Awaken Web Site or Site Content will be uninterrupted, timely, secure, or error-free or that any errors will be corrected; or
(3) any particular results will be obtained from the use of the Awaken Web Site or from any products or services purchased from or produced by Ruthie Phillips
Ruthie Phillips does not make any representations or warranties that (1) content produced for third-party publications or services will meet your requirements or expectations; (2) any particular results will be obtained from the use of content produced by Ruthie Phillips, or from products or services purchased using content from Ruthie Phillips.
Ruthie Phillips is not an accredited program or institution. Information on this Awaken Web Site is provided for entertainment purposes only. In no way should the Awaken Web Site or Site Content be considered as conforming with any standards or qualifications prescribed by any private or governmental entity.
BILLING AND CHARGES
PURCHASES/PAYMENTS/SUBSCRIPTIONS
The price of any product or service purchased through the Site will be the price specified at the time of your purchase. All prices on the website are charged in Australian Dollars (AUD).
Prices for all products and services include all applicable taxes and charges, unless otherwise indicated. Where taxes are not included, to the extent permissible by law, you agree to be responsible for any applicable taxes.
ELECTRONIC PRODUCT DELIVERY
After we have successfully received your payment, your Awaken membership product will be emailed to the email address you provided. This may take up to 1 hour but usually happens within seconds. If you do not receive an email after this time period, contact us via this site.
Upon logging in with your email address and password, you will have instant access to membership content.
Receipts will only be provided for successful payments and will be issued by the third party payment provider (either Stripe or Paypal). They will generally be sent to the email address used on signup.
REFUND POLICY
If you can demonstrate to us that the service you have purchased from us does not work due to technical issues related to our website and that you have sought support for this, and you have not received instructions, assistance or bug fixes on how to fix the issue, you have our apologies and we will refund your membership fee for the current membership period.
We guarantee that our website will work as promoted and you will receive support for any issues you have with it, HOWEVER this does not cover you deciding you don’t like some aspect of the service, or would prefer a different product.
OBTAINING A REFUND
So, if you wish to receive a refund, please take the following steps:
Please contact support using the support email address sent to you as part of your subscription, shortly after you joined.
Please give us time to assist you as much as possible (this may take a few days to look into in detail and analyze and assist with tricky technical stuff)
If we have been unable to assist you, and the service as not working please contact us with the links to your support threads and any other information you can provide for us.
First we will look into the issue and do everything we can to see if we can assist you (we don’t want to lose you as a member!) if that fails and we are culpable then we will issue you a full refund, with our apologies.
We ask for your patience and understanding in allowing us the opportunity to resolve any issues you might have.
CLAIMS, CHARGEBACKS AND DISPUTES
If you choose to file a claim with your credit card company, Stripe or PayPal then you will not be provided under any circumstances with a refund – further you will be banned from using awaken.ruthiephillips.com services at any time in the future.
Filing these claims is an unnecessary, time consuming, expensive and bureaucratic process for all parties involved – it’s a path often used by people aiming to defraud us and we will fight all claims vigorously.
We keep records of all member activity including your login attempts (both successful and unsuccessful) and your site usage which we will submit to PayPal and/or credit card companies, this will often cause us to be able to win the claim and may damage your credit rating with your credit card provider or your future ability to use Stripe or PayPal services.
Please contact us instead because we want to help. We believe that this is reasonable as we offer above a completely sensible path to a refund and we are 100% committed to helping you.
BROWSER COMPATIBILITY
Our website supports all modern web browsers including (but not limited to) Firefox, Safari, Chrome (all on PC & Mac) & Internet Explorer. Whilst we strive to give a seamless & near-identical experience across each of these browsers, it is impossible to compensate for the lack of web standards support (relating to HTML & CSS) in some of these browsers. In the case of a browser not support certain web standards, we will include a generic workaround for that browser, which will degrade a specific function / feature gradually and in a way that doesn’t affect the user experience negatively.
OWNERSHIP
You may not claim intellectual or exclusive ownership to any of our content, modified or unmodified. All products are property of Ruthie Phillips. Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.
SUBSCRIPTION PAYMENTS
The Awaken website is a subscription-based membership site, and all premium content is subscription based. Please take note that all subscriptions will be automatically renewed at the end of your subscription period, by our preferred third-party gateway provider.
If you wish to cancel your subscription (i.e. you would not like to extend it with a similar extension to your existing one), then you need to cancel it yourself at least 48 hours before your next scheduled subscription payment.
No exceptions will be made in this regard and if your subscription payment is automatically renewed, we will assume that you have done so with your express permission. No refunds whatsoever will be given for scheduled subscription payments, except in the case it is due to billing errors caused by Ruthie Phillips
We reserve the right to refuse service or cancel your subscription and revoke membership access for any reason we deem appropriate with or without prior notification.
If you raise a dispute with your bank, credit card provider, Stripe or Paypal your membership and all associated products will be cancelled immediately and you will no longer be able to access any services on the Awaken website.
You may not resell, share, or publish subscription credentials or access, directly or indirectly. You may not use our product images, logos, brand or trademarks without express permission.
BILLING INFORMATION
Your purchase of Content through the Site constitutes your acknowledgement that you are of legal age to form a binding contract, and if not of legal age that you have placed such order with the involvement of a parent or legal guardian, and that you are not a person barred from using or receiving the services available on the Site by any local, state, federal or international law. You must provide current, complete, and accurate information in order to receive products or services ordered through the Site.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Ruthie Phillips has grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Ruthie Phillips has the right to suspend or terminate any further purchases by you through the Site and refuse any and all current or future use of the Site by you, or any portion thereof for any reason at any time.
Ruthie Phillips has the right at any time to change any fees associated with the Site or Content. In the event of any fee changes by Ruthie Phillips we will provide you with commercially reasonable notice of such change via the Awaken website.
Ruthie Phillips reserves the right to collect applicable taxes and impose premium surcharges for certain features on the Site.
LIMITATION OF LIABILITY
YOU AGREE THAT RUTHIE PHILLIPS SHALL NOT BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE WEB SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH RUTHIE PHILLIPS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA; OR (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE AWAKEN WEB SITE.
Some jurisdictions do not allow the disclaimer of certain implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above disclaimers, limitations and exclusions may not apply to you.
LINKS TO THIRD PARTY WEBSITES
The Awaken Web Site includes links to various third party web sites. Ruthie Phillips is providing these links solely as a convenience. Such linked third party sites are not under the control of Ruthie Phillips We have not reviewed all of the sites linked from the Awaken Web Site and are not responsible or liable for the contents available at any such linked site. The appearance of a third party link on this site does not imply Ruthie Phillips endorsement of the linked site, its sponsor or any products or services offered on the linked site. Use of any linked site is at your own risk.
INDEMNITY
You agree to indemnify, defend, and hold harmless Ruthie Phillips and their officers, employees, directors, agents and sponsors from and against any and all claims, damages, costs, or other expenses (including reasonable attorney’s fees) that arise directly or indirectly out of or from: (1) your breach of these Terms of Use or of any representation or warranty made by you in these Terms of Use; (2) your Submissions; and/or (3) your activities in connection with the Awaken Web Site or Site Contents.
YOUR PRIVACY
Ruthie Phillips is committed to protecting your privacy online. Our Privacy policy explains how we will do this.
APPLICABLE LAWS AND JURISDICTION
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Awaken Web Site and your purchase of the products and services on the Awaken Web Site.
Ruthie Phillips controls the Awaken Web Site (excluding third party linked sites) from its corporate offices in Australia. Ruthie Phillips makes no representation that Ruthie Phillips Site Content, is appropriate or available for use in other locations, and accessing the Awaken Web Site or Site Contents from jurisdictions where their contents are illegal is prohibited. If you choose to access this site from such a jurisdiction, you do so at your own risk and are solely responsible for compliance with all the laws of your jurisdiction.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New South Wales and the laws the Commonwealth of Australia applicable therein, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in, New South Wales, Australia.
COPYRIGHTS AND TRADEMARKS
The Awaken Web Site and Site Content is the property of Ruthie Phillips. and its licensors and is protected by International Copyright laws. All copyright, trademark, and other proprietary rights in Ruthie Phillips site and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by Ruthie Phillips at the Awaken Web Site are reserved to Ruthie Phillips and its licensors. Copyright (c) 2021 Ruthie Phillips and its licensors. All rights reserved.
In addition, the Awaken Web Site may contain trademarks, logos and links to the web sites of third parties. Any domain names, URLs, trademarks or logos appearing on the Awaken Web Site or in any Ruthie Phillips Site Content, site are the sole property of their respective owners.
PUBLIC EVENTS AND MEETUPS
In the unlikely occurrence that any of Ruthie Phillips events have to be cancelled or postponed due to circumstances beyond the control of the organisers, they cannot be held responsible for any of your costs incurred as event attendees.
Ruthie Phillips does not accept responsibility and expressly excludes liability to the fullest extent permitted by law for:
any loss or damage to any personal property left unattended during an event organised by Ruthie Phillips unless caused by the negligence of Ruthie Phillips or her employees; ordeath, sickness or any personal injury suffered by an attendee at an event run by Ruthie Phillips unless caused by the negligence of her or her employees.
Children under 16 years old should be accompanied by an adult.
COMPANY DETAILS
Ruthie Phillips
PO BOX 381
Neutral Bay NSW 2089
Australia
