The following describes the Purchase Policy for our HighVibeEvolutions.com website.
Purchase Policy for High Vibe Evolutions.
Please read this policy carefully before purchasing, accessing or using any of our Products and/or Services.
Our Products and Services are operated by High Vibe Evolutions (“we”, or “us”). The term “you” refers to any purchaser and/or user of any of our Products and/or Services.
Use and Consent
Intellectual Property Rights
Our Products and Services and all Website Materials are protected by copyright and other intellectual property laws.
Any trademarks, taglines, and logos displayed on our website are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Information You Are Prohibited from Sharing with Others.
When you purchase our Products or Services, you agree that you are clearly and expressly prohibited from doing the following:
- You will not on-sell any of our Products or Services unless specified and encouraged to do so via our Affiliate Program directly through our website (see Terms of Service for Affiliate Conditions).
- You will not copy our Products or Services, nor will you share or represent our Website Materials or any parts of them without referencing us (High Vibe Evolutions).
- You will not engage in improper use of our Products and Services, such as (but not limited to) passing on or selling used/worn Personal Pendants to other persons.
- You will not use The Owners Instructions Manual as marketing material to educate other persons. Please refer back to our website for education.
Your License to Us.
By publicly posting or submitting any feedback or testimonials on our Products or Services, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials.
When you purchase or use our Products or Services and/or engage in our affiliate program, we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).
These Terms also apply to the High Vibe Evolutions Facebook Group. Further, you understand that Facebook is a public platform and therefore, we cannot guarantee your privacy for things that you voluntarily share in the group as other members will also see what is posted.
As a purchaser you agree that you are using your own judgment in using our Products and Services, and you agree that you are doing so at your own risk. You agree and understand no results are guaranteed in any way related to our Products, Services and Educational Materials. Our Products, Services and Educational Materials are merely to provide you with education and tools to help you make your own decisions for yourself.
All data on this website and all videos, files, audio clips and attachments are for educational purposes only. Nothing on this website is to be construed as medical diagnosis or any form of advice.
Our products are not listed as ‘therapeutic’ and are in no way promoted as ‘curative’. No healing properties are claimed for any of High Vibe Evolutions and Tesla’s Technologies products or services, however it is our belief that in providing an improved environment, a person currently receiving treatment from their practitioner should find the treatment enhanced or more effective.
This information is not intended nor should be relied on as a substitute for medical diagnosis, advice or treatment. Any recurring health problems or ill symptoms should be discussed directly with your health practitioner.
Do not disregard professional medical advice or delay seeking professional advice because of information you have read on our website or received from us in any other way. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.
We make no warranties as to our products or services. You agree that all products and services are provided “as is” and without warranties of any kind either express or implied. We do not warrant or make any representations regarding the use or the results of the use of our products, services, materials or third-party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
Technology & Service Disclaimer.
We try to ensure that the availability, delivery, processing and shipping of our Products, Services and Educational Materials is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. However, some things may be out of our control, such as high-volume traffic on our website that may slow things down, or handling and packing of products in the Tesla’s factory.
Errors and Omissions.
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Products, Services and Website Materials. Every effort has been made and will be made to present you with the most accurate and up-to-date information.
Links to Other Websites.
We may provide links and pointers to other websites maintained by third parties that may take you outside of our Products, Services and Educational Materials. These links are provided for your convenience, and the inclusion of any link in our Products, Services or Educational Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse, and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included our Products, Services or Website Materials. We have no control over the contents or functionality of third party websites and we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
By purchasing and/or using our Products, Services or Program Materials in any way or for any reason, you also implicitly agree to our full Disclaimer which is found on our website Terms of Service and Conditions of Use.
Indemnification, Limitation of Liability and Release of Claims
You agree at all times to defend, indemnify and hold harmless our Organisation as well as any of our affiliates, agents, contractors, officers, directors, support staff, joint venture partners, successors, transferees, assignees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Products, Services or Educational Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.
Limitation of Liability.
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Products, Services or Educational Materials. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Products, Services or Educational Materials, or in any way or in any location. In the event that you use our Products, Services or Educational Materials or any other information provided by us or affiliated with us, we assume no responsibility.
Release of Claims.
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Products, Services or Educational Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
If you have a question or concern about our Products, Services or Educational Materials, you may send an e-mail to [email protected] and we will do our best to reply to your question or concern promptly.
Purchases and Online Commerce
If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Products, Services, and Educational Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Products or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
Refunds and returns will only be approved if the products are faulty or broken upon receiving, or if the wrong product has accidentally been sent. Please carefully choose your items you wish to order as no refunds will be given for mind changes. Our return & refund policy has been implemented in accordance with the Australian Consumer Law.
Please note – Just as stated on our website only the Personal Pendant colour and design can be chosen. All Other plates will arrive in a ‘random’ artwork design, of which all are done by hand and will have slight variances of colour and design.
It is hoped that should we ever have any differences we could be able to work them out amicably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the Australian Centre for International Commercial Arbitration commercial arbitration rules. Prior to seeking arbitration, you must send an e-mail to us at [email protected] and include all of your reasons for dissatisfaction with your Product or Service. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.
By purchasing our Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to us referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
You also agree that should arbitration take place, it will be held in Brisbane, Australia, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Organisation, or any of our Products and Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
Confidentiality and Privacy.