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Terms and Conditions

TERMS AND CONDITIONS

 

1. Disclaimer

The procedures, suggestions, information and forecasts contained in all IKYIHDU, Tzariellah and websites, podcasts, videos, verbal or written works – are not meant to take the place of any diagnosis or professional advice by a medical practitioner, physician, financial advisor or other professional advice.

They are for educational purposes only.

All use of the information presented at your discretion and responsibility.

Neither IKYIHDU, Tzariellah, or any of their associates will be held liable for any injury, damage or loss (financial or otherwise) as a result of the information, verbalised, communicated via  technologies, or contained in all spoken, written, podcasts or videos.

 

2. Website Terms and Conditions

Welcome to IKYIHDU, Tzariellah and and our website.

I hope you enjoy browsing around, learning and gaining wisdom and inspiration.

By visiting our website and using the services our website provides, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; these form an “Agreement”.

If you don’t agree, you must surf elsewhere; we may terminate your use of our website immediately if you breach our Agreement.

We may also change, suspend or stop providing our website at any time.

You must be 18 and over or have parental consent to use our website.

 

3. Your obligations when using our website

To provide correct information and comply with the law:

When providing us with information such as when filling out any of our opt-in or other forms you must give current and accurate information.

You must also comply with the laws of and Australia when you use our website, including but not limited to, all our intellectual property and cybercrime laws.

Where you access our website from outside of Australia, you must also comply with all the relevant local laws.

To only make personal and non-commercial use of our content:

You agree that the copyright in all Content on our website, is owned or licensed by us.

 

You must only use the website and its Content for your personal and non-commercial use.

Any other use is prohibited unless permitted by law, or with our prior written permission which you must seek by emailing info@ikyihdu.com

All trademarks on our website belong to their respective owners.

To use third party software, links etc at your risk:

We provide links on our website to other sites.

We provide the links for your assistance only, and we have no control over those other sites and do not endorse them in any way.

Any use of those sites is at your sole risk and you must direct any concerns regarding their products or services to them.

We also provide access to third party apps and software to enhance the functionality of our website.

We have no control over those third-party apps and software, and do not make any warranties in relation to them.

You use them at your own risk, and you must read and agree to their terms and conditions which govern your use of them.

 

To be respectful when posting:

We encourage you to engage in online discussions in our community, however, we do not recommend that you include any personal information such as your email address or physical address in any posts.

When you engage in discussions, your posts will not be confidential, and you must comply with our posting rules.

You must not post any of the following, which is determined at our discretion:

  • any disrespectful, inappropriate, offensive, threatening or abusive content;
  • any content that breaches the rights of a third party (e.g. which is defamatory, discriminatory);
  • any content that impersonates any other person, or misleads us as to the origin of your posts; or
  • any advertising, self-promotion or sales.

Where posts do not comply with these rules, or are otherwise objectionable, we may, but are not obliged to remove them.

You are solely responsible for all your posts.

 

4. We make no warranties or guarantees

We cannot represent, warrant or guarantee that:

  • our website will always be available, that your use will not be interrupted, or that our website is free from viruses or secure; or
  • our content is accurate, complete and current.

For example, sometimes we will be making changes to our website, or you may come across an old landing page, historical information, incomplete pages or inaccuracies. Whilst we cannot guarantee these matters will be corrected, please email us at info@ikyihdu.com you find any issues.

 

 

5. Limitation of Liability and Indemnity

We exclude, to the maximum extent permitted by law, any liability in connection with your use of our website and its content.

We are not responsible for any Loss or Damage suffered in connection with your use of our website, its content, any interruptions, changes, suspension or termination of our website or any events beyond our control.

You indemnify us for any Claim arising out of or in connection with any third party links, websites, apps, software, products and services; your breach of this Agreement, your breach of the law including your local laws, or your breach of the rights of a third party.

 

Exploration into the mystic arts and esoteric knowledge will ignite the true nature of your being.

You are accountable for your own choices, thinking, feeling and actions.

Tarot, Astrology , other Divinatory Arts, and Energetic Healing modalities are not a replacement or substitute for physical or psychiatric care.

If this is an emergency situation, or you are in a crisis, please do not defer your wellness to the services offered here.

Seek appropriate assistance.

 

 

6. OTHER

This Agreement is governed by the laws in NSW, Australia and the parties submit to the jurisdiction of the courts of NSW, Australia.

If any part of these terms and conditions is not enforceable, it shall be severed from this Agreement and the remaining provisions will be in full force and effect.

The obligations and liabilities in this Agreement survive termination.

The failure to exercise our rights, or enforce a provision under this Agreement does not waive the future operation of that right or ability to enforce the provision.

 

 

7. DEFINITIONS

Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.

Content in our website could be any trademarks, brand names, logos, all copy, images, art, graphics, music, audio, videos, designs or any other content.

Loss or Damage means any loss or damage including, but not limited to any loss of salary, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss or damage to reputation, loss of data, personal injury, property damage or legal costs.

We, us, or our – means IKYIHDU or Tzariellah, and includes any of our employees, agents, partners and contractors.

 

 

BOOKING TERMS AND CONDITIONS

By making a booking, you are agreeing to these terms and conditions and any other policies we publish or link to on our website; together these form an “Agreement” with us, Tzariellah & our site “ikyihdu”.

If you don’t agree, you cannot make a booking.

 

 

1. Booking Our Services

The Booking Fee must be paid to secure the Booking for your Mentorship guidance, Psychic Reading or Study module. We do not book in any dates until the Booking Fee has been paid in cleared funds.

We do not send study modules until the Booking Fee has been paid in cleared funds.

All Booking Fees and study modules are non- refundable.

 

 

2. Your Obligations

You agree to provide us with various information for your Booking (“Information”). You represent and warrant that: 

  • All payments must be made via card 
  • All payments are due in full at the time of booking. 

Any personal information you provide for your Booking is used subject to our Privacy Policy which you can read here. You acknowledge and agree that we rely on the Information you provide to perform the Services.

*Where we contact you and receive no reply within 14 days, your Booking may be forfeited.

 

 

3. Confidentiality

When performing the Services we will have access to your Confidential Information. We agree to keep it confidential and secure. We will not disclose or permit any person or third party to access the Confidential Information. This includes any social media posting.

 

 

4. Payment Terms

All payments must be made via cash, direct debit or credit card.

Where you pay by card, bank or payment processing fees will be charged to you.

All Fees are due and payable 14 days prior to your Booking.

You authorise us to deduct all our fees from your direct debit or credit card provided. Non payment will incur an Interest Fee. Interest will be charged at the rate of 11% per annum. Any legal collection fees will be billed to you.

 

 

5. Cancellations and Refunds

Where you wish to cancel a Booking, you MUST provide us as with as much notice as possible, and email us at info@ikyihdu.com

Or a Cancellation Fee may apply.

Cancellations 7 to 14 days before booking date will incur 50% a Cancellation Fee.

Under 7 days there is no refund provided. .

Bookings may be transferred to another person or another date at our discretion and availability. A Transfer Fee may be applied at our discretion.

All Information you provide must be current and correct (you must promptly inform us of any updates to the information); and

you will respond promptly to any of our requests for further information*.

 

To the extent permitted by law, all Booking Fees are non-refundable.

We do not provide any refunds for cancelled Bookings under 7 days, as we have put aside time, attended to preparation, and have been unable to book in other clients.

This includes, but is not limited to, cancellations by you due to relationship breakdowns, personal, family, or financial situations, unforeseen circumstances, or illness. We also do not provide refunds for your change of mind, or where you failed to provide us with adequate information.

 

 

6. Rescheduling or Transfers

Any rescheduling or transfers to other dates or people and times are at our sole discretion and are subject to availability. You must contact us at tzariellah@gmail.com to request a rescheduling. A Rescheduling Fee of $20AUD will apply. This includes where you need to reschedule due to COVID-19. The recipient of transferred MUST agree to all Terms and Conditions of this site “ikyihdu” and Tzariellah for Services provided or the Booking and Booking Fee will be forfeited. 

 

 

7. Consumer Guarantees

You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, rights to refunds where the services are not delivered in a reasonable time or with due care and skill. If you consider that we have not complied with our obligations under the Australian Consumer Law, please contact us.

 

 

8. Marketing

Where you provide us with testimonials and photos and/or videos, we may use the testimonials, photos and videos for marketing and information purposes, or publications exhibitions and professional awards. This includes, but is not limited to, on social media.

 

 

9. Recording

You must seek our consent prior to photographing or recording us during any Mentorship, Psychic Reading, use of any written material, or using any of our photos or videos. You must seek our prior written consent before any publication of information about us in the media or otherwise.

 

 

10. Termination

We may refuse to provide Services to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement, we may immediately refuse to deliver the Services. We can also stop offering our Services at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Services. We will however, endeavour to notify you if we suspend or stop our Services.

 

 

11. Liability and Indemnity

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of the Services, including, but not limited to, any errors or omissions in any website content, price changes or discontinued services. To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-

  • the supply of equivalent services; or
  • the payment of the cost of the services.

In any case, our liability to you will not exceed the amount actually paid by you to us.

 You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including where you provide incorrect information.

 

Exploration into the mystic arts and esoteric knowledge will ignite the true nature of your being.

You are accountable for your own choices, thinking, feeling and actions.

Tarot, Astrology , other Divinatory Arts, and Energetic Healing modalities are not a replacement or substitute for physical or psychiatric care.

If this is an emergency situation, or you are in a crisis, please do not defer your wellness to the services offered here.

Seek appropriate assistance.

 

 

12. Dispute

If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

 

 

13. Other

This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms and other terms and conditions on our website, these Terms prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.

 

 

DEFINITIONS

“Australian Consumer Law”: means Schedule 2 of the Competition and Consumer Act 2000.

“Booking”: means the booking of your online Mentorship session/s, Psychic reading, provision of study modules.

“Booking Fee”: means the fee we require at the time of booking to secure your Booking and is the total fee for your Mentorship session/s, Psychic reading, provision of study modules.

“Cancellation Fee”: means:  50 % of the Booking Fee or where cancellation notification is provided 7 to 14 days prior Booking date provided, 100% of the Booking Fee or where less than 7 days prior to Booking Date is provided.

“Claim”: means any claim, under statute, tort, contract or negligence, any demand, award or costs.

“Confidential Information”: means any information disclosed in your reading, and any personal information as defined under the Privacy Act 1988 (Cth) and any information you let you know is confidential, or is marked as confidential, however it does not include information already in the public domain, or that is required to be disclosed by law. “Information” means the information we require from you before your Booking in order to provide the Services.

 “Loss or Damage”: means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.

“Services”: means the Phone or online Mentorship guidance, Psychic reading services ,and Study Modules we agree to provide to you.

“Rescheduling Fee or Transfer Fee”: means a fee of $20AUD incurred when Booking is rescheduled or transferred to another provided they agree to all Terms and Conditions of this site and Services provided by Tzariellah.

“We, us, or our”: means Tzariellah and “ikyihdu”, and includes any of our employees, agents, partners, contractors.

“Website and services”: means www.ikyihdu.com and everything available on this website including, but not limited to, all products and services.

 

 

PRIVACY POLICY

This policy outlines the way we IKYIHDU, and  Tzariellah collect, hold, use and disclose personal information.

 

1. What personal information we collect  & how and why we collect it.

What personal information do we collect?

The personal information we collect is generally limited to:

  • credit card or direct debit details; opinions;
  • communications pertaining to sessions; and
  • any communications we have.

However, we may also collect:

  • financial information;
  • information about how you use our website, via third parties.

How do we collect your personal information?

The main way we collect information is when you give it to us, for example:

  • via our website sign up or other forms,
  • via phone, email,
  • when you submit comments or feedback
  • or via social media.

We also use cookies on our website which may identify you and track your actions and pages you visit. This helps make our website work more securely and efficiently, such as enhancing security on our contact form, and storing your information so you don’t have to put it afresh when you visit us again.

At times personal information may also be gathered from third parties, such as Google Analytics or Facebook Pixel. These third parties may use cookies, web beacons and similar technology to collect or receive information about you from our website and elsewhere on the internet.

 

2. Why do we collect your personal information?

We need your personal information to:

  • communicate with you in relation to your enquiry/session;
  • send you news/ newsletters/promotions if you have signed up (you can unsubscribe at any time);
  • conduct our business, and enable your use of our website, products and services; and
  • in some cases, to comply with our legal obligations, such as record keeping.

We also collect personal information to analyse and enhance our business operations and improve your experience with our business. This is used as statistical information to analyse traffic to our website, and to customise content and advertising we provide.

 

 

You can opt out of the collection and use of this information by changing your privacy settings or opting out.

To opt out you can go here: https://tools.google.com/dlpage/ gaoptout

To change your Facebook ad preferences you can go here:  https://www.facebook.com/adpreferences/advertisers/

Where we collect your financial information, we use it to help you pay for our products and services.

Only the staff that need to know this information have access to it, and we only keep it as long as it is necessary.

We use SSL certificates to verify your identity and encrypt any data you give us.

All financial information is encrypted on our servers, and we do not keep all your data (to prevent unauthorised and duplicated transactions).

We do not keep any details of your direct debit, and all information is sent to our bank for processing.

 

3. When do we disclose personal information & how you can access it?

We will take reasonable precautions to protect your personal information, including against loss, unauthorised access, disclosure, misuse or modification.

It is kept securely and accessible only to authorised personnel. Information is kept in accordance with our legal record keeping obligations and then destroyed appropriately. We generally will not disclose your personal information unless:

  • you consent;
  • it is required or authorised by law; or
  • it is reasonably necessary for one of the purposes for which we collect it.

However, we do disclose your personal information where it is necessary to obtain third party services, such as analytics, data storage, payment service providers or marketing and advertising services.

To protect your personal information, we endeavour to ensure that our third-party service providers also comply with the Australian Privacy Principles, but some third parties we use may collect, hold and process personal information overseas. 

 

 

You can opt out of the collection and use of this information by changing your privacy settings or opting out.

How can you access or delete your information?

If you want access to your information to correct or have it deleted, please email us at info@ikyihdu.com

Except where we are permitted or required by law to withhold it, we will help you. If you consider that we have breached any privacy laws, please also email us at info@ikyihdu.com

You can make a complaint with the Office of the Australian Information Commissioner phone on 1300 363 992, online at http://www.oaic.gov.au/privacy/making-a- privacy-complaint or post to: Office of the Australian Information Commissioner, GPO Box 5218, Sydney, NSW 2001.

 

4. Additional Provisions for European Citizens

If you are a resident of the European Economic Area (“EEA”) you have certain rights and protections under the GDPR regarding the processing of your personal information. We are a controller under the GDPR as we collect, use and store your personal information to enable us to provide you with our website services and information about them.

We rely on the following lawful means of processing your personal information:

  • where you have given us valid express consent to use your personal information we will rely on that consent, and only use the personal or sensitive information for the specific purpose for which you have given consent; and
  • where we need comply with the law, or act to in an emergency, we will rely on that lawful means of processing your personal information.
 

5. Your Rights

If you are an EEA resident, you have various rights including the right to be informed; right of access; right to rectification; right to object; right to restriction of processing; right to erasure or to be forgotten; right to data portability; and right not to be subject to automated processing. If you want to access personal information we hold about you, or ask if that the information be corrected, please contact us at info@ikyihdu.com

In some circumstances, you also have a right to object to or ask that we restrict certain processing activities or delete your personal information. If you would like to limit or request deletion of your personal information or exercise any other rights, you can do so by contacting us. You can withdraw your consent to our collection or processing of your personal information. You can do so by contacting us at info@ikyihdu.com or by opting out of email newsletter communications by following the instructions in those emails or by clicking unsubscribe.

 

If you withdraw your consent to the use of your personal information, you may not have access to our services, and we might not be able to provide you with our services. In some circumstances where we have a legal basis to do so we may continue to process your information after you have withdrawn consent, for example if it is necessary to comply with an independent legal obligation or if it is necessary to do so to protect our legitimate interest in keeping our services secure.

 

 

6. Security

All personal information stored on our website platform is treated as confidential. It is stored securely and is accessed by authorized personnel only. Our collection is limited in relation to what is necessary, for the purpose for which the personal information is processed and kept only for so long as is necessary for the purpose for which the personal information was collected.

We implement and maintain appropriate technical, security and organisational measures to protect personal information against unauthorized or unlawful processing and use, and against accidental loss, destruction, damage, theft or disclosure. We ensure the encryption and pseudonymisation of personal information and we have adequate cyber security measures in place. By providing us with your personal information you consent to us disclosing it to third parties who reside outside the EEA countries. We will ensure that those third parties are GDPR compliant.