Use Of Services – Terms & Conditions
This Agreement sets out the terms and conditions (the Terms) on which you may use and interact with the Attha Academy Programs and our website www.attha.com & https://services.attha.com and any other provided training content (in all forms); provided by Attha Pty Limited (trading as: Attha Academy); and hereinafter referred to as “Attha Academy”. Please read the Terms herein carefully before you accept these Terms and agree to abide by them.
1. About Attha Academy
Attha Academy is a content developer and services provider in both consultation and training for its range of offerings as outlined at: https://services.attha.com Attha Academy is well progressed in a range of content developments that are based on many years of prior research, translation and systems development forming unique IP (Intellectual Property).
Our Services include:
- Personalised Life Analysis and Life Planning: Tailored consultations and training to help you map out your life journey. Learn how to better understand people around you!
- Binary Feng Shui: Consultation and training courses “the Attha Academy way,” designed to optimise your home, apartment, or business environment. Plus shield you and your family from the dangers of the Governor “Tai Sui” and 3 Killers (Samsad) annual energy.
- Special Services: Discover MySECRETS Calendar for daily life planning and life forecasting, and Energise with Qi Gong, a quick 10 minute downloadable program to improve your health and mental wellbeing for life!
Attha Academy has well developed content, services, and project plans in readiness for progressive commercial launch (via various forms of digital media) for sale to the public and to other 3rd parties for resell and/or white label branding (subject to agreed terms). The same forms of content and services are also used in the life analysis and the training.
Attha Academy possesses unique confidential information comprising of existing proprietary commercial content, related historical knowledge, database intellectual property, know-how, business concepts, trade secrets, source codes, programs, marketing ideas and other proprietary information that are commercial assets of considerable value.
2. Individual Agreements
(a) By registering with Attha Academy as a: student, volunteer, employee, consultant, adviser, teacher, partner (business/reseller or otherwise); you are agreeing to the Terms and Conditions herein.
(b) From time to time, we may enter into a separate written agreement with you. In the event of any inconsistency between the terms of that agreement and these Terms, the terms of that separate agreement shall prevail.
3. Accessing our Training Content by Website, Social Media and/or Teleconference Platforms: “the Programs”
(a) Access to our programs is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our programs without notice. We shall not be liable if for any reason our program(s) is unavailable at any time or for any period.
(b) From time to time, we may restrict access to some parts, or the entirety of, our programs to users who have registered with us.
(c) If you choose, or you are provided with, a username or user identification code, password, or any other information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any third party. We have the right to disable any username or user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of these Terms or the terms of any of our programs.
(d) You are responsible for making all arrangements necessary for you to have access to our programs. You are also responsible for ensuring that all persons who access our programs through your internet connection or through your hard copies; are aware of these Terms, and that they comply with them.
4. User Content
(a) In respect of any and all material (including data, photographs, images, drawings, designs, sound, recordings, text, and code) that you send to Attha Academy or otherwise contribute to our programs (the User Content), you represent and warrant that:
- you are entitled to grant the licence granted to Attha Academy under clause 5 of these Terms (the Licence).
- the User Content does not, and our use of it (including as contemplated by the Licence) will not, infringe any third party’s intellectual property rights (including trademarks, copyright, moral rights, database rights, design rights, confidentiality rights and all other rights having equivalent or similar effect), or other proprietary rights, or personality rights or rights of privacy.
- the User Content does not, and our use of it (including as contemplated by the Licence) will not, violate any law regarding unfair competition, anti-discrimination, or false advertising.
- all information that you disclose to us is complete and accurate.
- the User Content is not defamatory, trade libellous, unlawfully threatening or unlawfully harassing and does not otherwise breach any applicable law or regulation.
- the User Content does not contain any advertising, or any political or religious message, and is not obscene, indecent, blasphemous, offensive, or sexually explicit; and
- the User Content does not knowingly contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
(b) Attha Academy reserves the right to remove any User Content from our programs if, in our opinion, that User Content does not comply with these Terms or for any other reason. We also have the right to disclose your identity to any third party who claims that the User Content violates that third party’s rights or is otherwise unlawful.
5. Licence of User Content
(a) By providing Attha Academy with User Content, you grant us a non-exclusive, perpetual, irrevocable, transferrable, sub-licensable licence to use the User Content.
(b) The Licence granted under these Terms includes the right for Attha Academy (and our sub-licensees) for commercial purposes; and to modify, reproduce, distribute, publicly perform, communicate, make available and display the User Content (including by reproducing and distributing the User Content (including as modified) in marketing and promotional media relating to us and/or our programs). We are under no obligation to use the User Content.
(c) As between you and Attha Academy, you irrevocably waive all moral rights (including under the Berne Convention and the Australian Copyright ACT 1968 including all of its amendments, in relation to the User Content. These Terms do not affect your ownership of any copyright (other than moral rights) in the User Content.
6. Our Intellectual Property rights
(a) Unless otherwise stated in our programs (including in these Terms), we are the owner or the licensee of all existing and future intellectual property rights (including trademarks, copyright, content rights, database rights, design rights, confidentiality rights and all other rights having equivalent or similar effect) in our programs (including the published material in all programs). All such rights are reserved.
(b) You acknowledge and agree that you will not make use of our Programs or IP without prior written consent from Attha Academy on our company letterhead. You shall neither acquire nor claim any right, title, or interest in or to any of the program(s) and/or IP (or the goodwill attaching to them). All goodwill arising from the use of the program(s) or IP shall at all times accrue to Attha Academy. You shall upon our request execute or procure to be executed any agreements or other instruments that may be required in order to assign any right, title, or interest in any of the programs and/or IP to Attha Academy.
(c) Except to the extent that you are obliged by a court order or regulatory body to disclose it, you shall keep confidential all confidential information belonging to Attha Academy that we may disclose to you.
(d) Please contact Attha Academy if you would like to refer to our programs or any material on them. Our status (and that of any identified contributors) as the authors of material on our programs must always be acknowledged.
(e) You must not use any part of the materials on our programs for commercial purposes without obtaining a licence to do so from Attha Academy or our authorized licensor(s).
7. Our Liability
The material on our training programs, content services or predictions provided via our services (including all content) are not intended to be advice and you should not rely on them. Our content, training and services are provided without any guarantees, representations, or warranties as to their accuracy or freedom from harmful material. To the extent permitted by law, we hereby expressly exclude:
(a) all conditions, representations, warranties, and other terms that might otherwise be included, whether express or implied; and
(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our programs or the use, inability to use, or results of the use of our programs (including reliance on any content displayed, explained, advised or taught in our programs); any website linked to our programs and any materials posted on our programs, including, in each case, any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipate savings, loss of data, loss of goodwill, loss of life or physical injury, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence and negligent misrepresentation), breach of contract or otherwise.
8. Indemnity
You indemnify Attha Academy against each and any loss, liability, and cost (including reasonable legal expenses) that we may suffer or incur as a result of or in connection with any claim against Attha Academy that results (in whole or in part) from a breach by you of your obligations under these Terms.
9. Information about you and your visits to our programs
(a) Attha Academy processes information about you in accordance with our Data Protection and Privacy Policy, which is available at Privacy Policy. By using our programs, you consent to that processing and you warrant that all data provided by you is accurate.
(b) Attha Academy may also obtain information about your use of our programs and general internet usage by using a cookie file (as used in normal online practices), which is stored on the hard drive of your computer.
10. Viruses, hacking and other offences
(a) You must not misuse our programs (content or software) by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our programs, the server on which our programs is stored, or any server, computer or database connected to our programs. You must not attack our programs via a denial-of-service attack or a distributed denial-of service attack. We may co-operate with law enforcement authorities in relation to any such misuse, including by disclosing your identity to them.
(b) Attha Academy does not guarantee that our programs or content will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our programs. You should use your own virus protection software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programmes, data, or other proprietary material due to your use of our programs or to your downloading of any content on them, or on any website linked to them.
11. Safeguarding
Attha Academy is not responsible for performing any checks or validations required to ensure the safeguarding of children or vulnerable adults. However, we reserve the right to restrict access to our programs or any programme run by Attha Academy, and/or to refer information to the appropriate authorities, if we suspect that a user who has registered with Attha Academy has harmed or poses a risk of harm to any program user including children or vulnerable adults.
12. Linking to our programs
(a) You may link to our home pages or social media pages provided you do so in a way that is, in our opinion, fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
(b) Attha Academy reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the representations and warranties above relating to User Content (as if that website and its contents were User Content).
(c) You must not establish a link from any website that are not owned by you. Our programs must not be framed on any other programs, nor may you create a link to any part of our programs other than the home page or social media platform. If you wish to make any use of material on our programs other than as set out above, please contact Attha Academy.
13. Links from our programs
Where our programs or social media page(s) contain links to other programs and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those programs or resources; and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14. Variations
We may revise these Terms at any time by amending these pages. Please check this page on our website from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in the Terms may also be superseded by provisions or notices published elsewhere on our programs.
15. Jurisdiction and applicable law
(a) The Australian courts of NSW (New South Wales) shall have exclusive jurisdiction in relation to all disputes arising out of or in connection with these Terms (including claims for set-off and counterclaims), including disputes arising out of or in connection with:
- the creation, validity, effect, interpretation, performance, or non-performance of, or the legal relationships established by these Terms; and
- any non-contractual obligations arising out of or in connection with these Terms. For such purposes you irrevocably submit to the jurisdiction of the NSW courts.
(b) These Terms and any non-contractual obligations arising out of or in connection with these Terms shall be governed by and interpreted in accordance with Australian law.
16. Your questions
(a) If you have any questions or concerns about our programs, including any concerns regarding any users of our programs, please contact Attha Academy using the website contact form: Contact Us
(b) Attha Academy is committed to ensuring that our programs are accessible to the widest possible range of people. If you have any questions or suggestions regarding the accessibility of our programs, or if you have difficulty accessing or using any part of them, please contact Attha Academy.
17. Signatory
By clicking the Accept Link; the buyer confirms that they have read, understood, and agree to the “Terms & Conditions of this Agreement” and it is effective from the date and time of the online transaction. A copy of your acceptance of the Terms & Conditions will be sent to the email address you provided.
Attha Academy Team
