WEBSITE USE AND TERMS OF SERVICE
MalcolmHClark.com T/A Malcolm H Clark
Welcome to our website.
The term ‘Malcolm H Clark’ or ‘us’ or ‘our’ or ‘we’ refers to MalcolmHClark.com, the owner of the website Malcolm H Clark, whose internationally registered office is at 50 Market Street, Melbourne, Victoria, 3000, Australia.
The term ‘you’ or ‘your’ or ‘client’ or ‘customer’ refers to the website user.
Your use of this website is subject to the following Terms of Service:
The information content of this website is for your general information and use only. It is subject to change without prior notice.
Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and products found or offered on this website for any particular purpose. You hereby acknowledge that such information, products and materials may contain faults, mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
Where the term ‘products’ is used in these Terms of Service, and on this website, it shall mean both or either ‘physical or digital products’. Digital products include information in the form of text, image, audio, video &/or any combination of presentation of these or any other form of product which is deemed to be ‘digital’ in its time & place. The term ‘digital’ shall be used as defined in the Oxford English Dictionary. Your use of any information or products, physical or digital, on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information, available through this website meet your specific requirements and capabilities of use.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material, images, information or knowledge is prohibited other than in accordance with the copyright notice, which forms part of these terms of service.
All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites or their content and information. We have no control over the nature, content and availability of those websites.
Your use of this website and any dispute arising out of your use of it is subject to the laws of Victoria, Australia.
You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
These terms of service do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
The creators and distributors of the information and products, physical or digital, offered on this website shall have no liability or responsibility to any person or entity relying on the information or materials with respect to any loss or damage or injury caused or alleged to be caused directly or indirectly. Where practice techniques or disciplines are offered, the information is in no way intended as a substitute for a teacher of the technique or discipline. Any person undertaking practice disciplines of a physical or psychological nature should first seek the advice of a medical practitioner to determine that person’s suitability to undertake such practices or disciplines.
These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website, its products and/or information.
In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website, its products and/or information.
Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
PRODUCTS – TERMS OF SERVICE
The overall policy with MalcolmHClark.com and Malcolm H Clark is to respond to bookings, requests, product and service sales both in person, by email and telephone within 48 business working day hours.
We aim to ensure your satisfaction with our teachings, products and services, both intrinsically and extrinsically through delivery.
If you as our clients and customers have any questions or concerns with respect to products and services you are encouraged to contact us as soon as you believe there is justification.
Telephone: 0490 348 996 (+61 490 348 996 International)
The following applies:
1. Prices and availability of products and services are subject to change without notice.
2. Only up-to-date and accurate information is shown.
3. SHOP and Product descriptions may contain typographical errors, inaccuracies, or omissions concerning product specifications, prices or availability, and product photos may sometimes depict a different product version than the one we will deliver.
4. Corrections and updates to information on MalcolmHClark.com may occur at any time, without notice.
5. Rights are reserved to revoke any offer that contains an error, or for a product that is not available, at any time prior to shipment/delivery, including after order submission and whether or not the order has been confirmed and your credit card charged. In the event that a charge is made we will reverse any applicable charges that have been made to your credit card up to the stated value of the product or service which is presented on the site, and not more.
If you establish a Membership account with MalcolmHClark.com, you are responsible for maintaining the confidentiality of your password and account details. You are also responsible for restricting access to the computer(s), or the devices you have used to place orders.
Orders that you submit are protected by SSL (Secure Sockets Layer).
Payment for Orders
We accept direct payment to our bank account as specified on the checkout page, in person, or via the MalcolmHClark.com website shopping cart. Shipping charges are indicated where applicable with orders.
Validating or Rejecting Your Order
MalcolmHClark.com reserves the right to cancel any order you place with us, and/or to limit quantities on any order, without giving any reason. If we cancel your order, we will attempt to notify you using the email address or other contact information you have given us with the order. Your credit card will normally not be charged if we cancel an order, but a refund will be processed if a charge has been incorrectly made against your card.
Order Acceptance and Confirmation
Your orders are only accepted by shipment/delivery of the item(s). Your receipt of an electronic or other form of order confirmation does not create a contract to sell you the product. MalcolmHClark.com reserves the right to accept or decline your order for any reason prior to shipment.
Site Content and Use Restrictions
Copyrights apply in all of the written, visual image, audio and video information shared on MalcolmHClark.com, the design and graphical user interface of MalcolmHClark.com, and the software that operates MalcolmHClark.com. We give you permission to view pages of our website and to download, but only for your personal and non-commercial use. No other copying of the MalcolmHClark.com website or its Content is permitted without our prior written consent.
Returns and Refunds Policy
We attempt to provide accurate product descriptions and our products are what we believe to be of the highest quality.
However, we offer a 14 day replacement or refund guarantee subject to the following conditions:-
1. No refund is available for digital products. Replacement of faulty digital files will be provided on request within 14 days of purchase. Where Physical products are found on arrival to be faulty in manufacturing standard, we offer a 14 day replacement or refund.
2. Physical Products are return shipped to us at the purchaser’s expense. Product refund is for ‘cost of products’ only, and does not include the cost of shipping. Return shipping of products to us which are found to be faulty, will be at the customer’s expense. Any refund will not include the original shipping cost, nor the cost of return shipping.
3. Physical Products are returned to our business address in “as new” condition.
4. Physical Products are returned to our business address in the same or equivalent packaging materials and with an equivalent or better shipping service.
5. Physical Products are returned to us and arrive here within the 14 day period following purchase in order to be eligible for replacement or refund. International return allows a 21 day time limit.
6. The customer telephones or emails to advise of the intended Physical product return and gives a description of the fault, including a photograph or video.
7. Where we believe there is no fault on the customer’s behalf, we will refund the cost of the physical products, or replace the physical products. All replacement shipping costs will be at the customer’s expense.
Many physical products are personal items and are non-returnable and non-refundable because of:
1. Personal consumption: for example – ‘Incense’.
2. Hygiene: meditation cushions or mats which have been unwrapped and used by the customer are non-refundable, and non-returnable.
Our products are of the highest quality, and under rare circumstances are they found to be faulty to their detailed description on the website and manufacturing standard. The customer is required to contact us if there are any questions about refunds and replacements. Telephone: 0490 348 996 or email firstname.lastname@example.org
Australian Goods and Services Tax – GST
Australian orders attract a goods and services tax of 10% on the total of the products and services. The 10% is included in all of the listed prices. There are no additional charges at checkout, or on your invoice.
International orders are goods and services tax exempt.
All Orders are to be placed online (website cart) only.
All credit card purchases are processed either through the Commonwealth Bank of Australia BPoint payment gateway to guarantee security for your personal and credit card details, or by PayPal or Stripe.
You will receive an email confirmation when you have completed your online order.
Orders are normally processed immediately, and up to and within two business working days of receipt where stock-list requires update.
Products may be paid for by credit card, direct payment to our bank account, or by Paypal or Stripe.
Upon completion of your order and payment, you will receive a despatch email with shipping details. It is the customer’s responsibility to ensure their email address is correct so that we can contact you when goods are shipped.
International orders for PHYSICAL PRODUCTS
For physical products, we will contact you with a shipping price quote. We will not ship without first receiving your acceptance of the quote. The cost of physical products and shipping charged by MalcolmHClark.com includes the cost of delivery to your designated address only. Please note that international orders my attract import duties or local taxes payable upon delivery, and these are the responsibility of you the customer. International customers are responsible for handling fees and on-shipping by local delivery companies, if required.
Shipping Information & Delivery Times for PHYSICAL PRODUCTS
MalcolmHClark.com will arrange for delivery throughout Australia and Internationally.
Orders within Australia are sent by Australia Post, unless otherwise arranged.
Orders outside Australia are sent by International Express Post airmail. Alternatively, the customer may request a specific International air express service. Tracking information will be provided on request.
Below are estimated times for delivery. They are calculated from the first business working day following receiving your order. Please note that in some circumstances goods may take longer. If you require goods within a certain time frame please ensure you contact us and we will endeavour to meet your deadline.
Metro 1-3 working days
Regional 2-5 working days
Metro 3-5 working days
Regional 4-7 working days
Metro 1-3 working days
Regional 2-6 working days
New South Wales and ACT
Metro 1-3 working days
Regional 2-6 working days
Metro 2-5 working days
Regional 4-9 working days
Metro 3-6 working days
Regional 5-10 working days
Metro 4-7 working days
Regional 5-10 working days
To non-Australian destinations, products mostly arrive within two weeks from the date of order unless advised otherwise.
Pickup in Person
No Pickup in Person is available. All physical products must be shipped to the deemed address of the customer.
TEACHINGS AND DOWNLOADS – TERMS OF SERVICE
Registration by or use or access to the website MalcolmHClark.com downloads by anyone under 18 years of age is unauthorised and in violation of these Terms of Service.
Personal and Non-Commercial Use Only
Use of the website MalcolmHClark.com is for your personal and non-commercial use only. You may accordingly download resources from MalcolmHClark.com solely for your own personal use. You accordingly further agree that you will not:
1. Modify, copy, distribute, transmit, display, reproduce, publish or license any material from the MalcolmHClark.com website without our express written consent;
2. Use or attempt to use any part of the MalcolmHClark.com website to create any third party website or publication;
3. Mirror or frame any page within the MalcolmHClark.com website;
4. Use any part of the MalcolmHClark.com website for any purpose that is unlawful or prohibited by these Terms; [data mining, robots, screen scraping, screen capturing, or similar data gathering]
5. Remove or amend any trade mark, copyright or other proprietary notice on the MalcolmHClark.com website.
To become a MalcolmHClark.com Associate Member (and in particular to become a MalcolmHClark.com subscriber) you need to register using the relevant provisions of the MalcolmHClark.com website. When registering you must fill in all mandatory fields with true, accurate, current and complete information about yourself and maintain and promptly update this information to keep it true, accurate, current and complete.
You are responsible for maintaining the confidentiality of any password and username adopted by you when registering on the MalcolmHClark.com website and are accordingly responsible for any activities that occur as a result of the use of your password or username. You are required to immediately advise us of any actual or suspected unauthorised use of your password or username.
Copyrights and Trade Marks
All trademarks and copyright rights in the text, images, photographs, graphics, audio, video, and any other content of the MalcolmHClark.com website are owned by Malcolm H Clark and MalcolmHClark.com, or its third party licensor. Accordingly any reproduction, copying or other dealing with the content is strictly forbidden.
User Communications and Content
We may provide you with the ability to communicate with us and/or other parties accessing the MalcolmHClark.com website in which case all such communications that you transmit or post to the MalcolmHClark.com website will be regarded as non-confidential and non-proprietary. Although we make no claim to ownership of any of such communications you agree to grant us a free license in perpetuity to copy, disclose, distribute and use any such communications transmitted by yourself for all commercial or non-commercial purposes without compensation.
In communicating with us you agree not to do any of the following:
1. transmit any information or material which is knowingly incorrect, misleading, deceptive, defamatory or unlawful;
2. use the MalcolmHClark.com website for any unlawful purpose;
3. post or upload files that contain viruses, corrupted files or any other similar software programs that may damage the MalcolmHClark.com website or the operation of any other party’s computer;
4. offer to sell any goods or services, conduct surveys, contests or chain letters other than with our express approval.
You understand and agree that we may accordingly use or disclose any information related to you or transmitted by you to the MalcolmHClark.com website in order to investigate, prevent or take action regarding activities that may be prohibited or unlawful, to protect our rights and property or to otherwise exercise any legal rights available to us.
You confirm that before agreeing to any Subscription available on the MalcolmHClark.com website that you have carefully considered your election to undertake such subscription, that you have not in any way been induced to take up such subscription other than as a result of material on the MalcolmHClark.com website and that no refund is provided once a subscription has been elected and payment made.
As a subscriber to the MalcolmHClark.com website we acknowledge your right to access by way of streaming any download (“Download”) as part of your subscription as many times as you would like but you agree that at no time will your download entitlement extend to the storage of a permanent copy of a Download on any computer used to access the MalcolmHClark.com website including storage on any hard drive, removable device or any other media whatsoever.
Use of Data
You agree that for both our internal and external marketing purposes we may collect, process and transmit data obtained from and about you in the course of your accessing the MalcolmHClark.com website. We do not share your data but will not be held accountable for data loss or inadvertent misuse by another party outside of our legitimate business with you.
Limitation of Liability
In no event will we be liable for any direct, incidental, financial or special damages arising out of your access, use or inability to use the MalcolmHClark.com website or any linked sites or in connection with any failure of performance, error, omission, interruption, defect, virus or system failure arising directly or indirectly out of your use of the MalcolmHClark.com website. The said limitations shall however at all times be limited to the extent permitted by law.
We reserve the right in our sole discretion to terminate your access to and use of the MalcolmHClark.com website with or without notice.
General Provisions –
1. If any part of this agreement is held invalid that part shall be severed from the agreement and the remainder will continue to be valid and enforceable;
2. Termination of this agreement will not end those provisions that are capable of surviving such termination;
3. The laws governing this agreement will be the laws in Victoria, Australia and any dispute will be submitted to the exclusive jurisdiction of the relevant court sitting in Victoria;
4. It is understood that the MalcolmHClark.com website is provided on an “as is, as available” basis;
5. Any concerns or questions as to the operation or content of the MalcolmHClark.com website should be addressed in first instance by email to email@example.com