Inner Luminescence - Terms and Conditions
1. What is this?
1.1. These Terms and Conditions (“T&C”) relate to products and services rendered by Kinga Orsolya Szilagyi t/a Inner Luminescence and govern the ordering, sale and delivery of Products; booking, payment, purchase and redemption of Services, Courses, Meditations, Vouchers, Sessions, Teachings and Event Tickets; and the use of the Website.
1.2. The Inner Luminescence website can be accessed at www.innerluminescence.com, related mobi-sites and software applications (the “Website”) and is owned and operated by Kinga Orsolya Szilagyi t/a Inner Luminescence (“IL”, “Kinga”, “we”, “us” and “our”).
2. Why do I need to read this?
2.1. These T&C are binding and enforceable against every person that accesses or uses this Website (“you”, “your”, “user” or “client”), including without limitation each user who registers as contemplated below (“registered user”).
By using the Website and by clicking on the “Register Now” button on the Website,
you acknowledge that you have read and agree to be bound by these T&C.
2.2. We have highlighted some of the T&C for your attention, but please read them all as they are all important.
2.3. The Website enables you to shop online for personal sessions, therapies and services; meditations, teachings, products; admission to and participation in workshops, courses or events. (“Products”).
2.4. These T&C apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2.5. These T&C contain provisions that appear in similar text and style to this clause and which -
2.5.1. may limit the risk or liability of IL or a third party; and/or
2.5.2. may create risk or liability for the user; and/or
2.5.3. may compel the user to indemnify IL or a third party; and/or
2.5.4. serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these T&C because they are important and should be carefully noted.
2.6. If there is any provision in these T&C that you do not understand, it is your responsibility to ask IL to explain it to you before you accept the T&C or continue using the Website.
2.7. Nothing in these T&C is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or IL in terms of the CPA.
2.8. IL permits the use of this Website subject to the T&C. By using this Website in any way, you shall be deemed to have accepted all the T&C unconditionally. You must not use this Website if you do not agree to the T&C.
3. Who am I buying from?
3.1. All Products on the Website are owned and sold by IL, unless expressly indicated otherwise.
4. Who can buy products from IL?
4.1. Only registered users may order Products on the Website.
4.2. To register as a user, you must provide a unique username and password and provide certain information and personal details to IL. You will need to use your unique username and password to access the Website in order to purchase Products.
4.3. You agree and warrant that your username and password shall:
4.3.1. be used for personal use only; and
4.3.2. not be disclosed by you to any third party.
4.4. For security purposes you agree to enter the correct username and password whenever ordering Products, failing which you will be denied access.
4.5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these T&C.
4.6. You agree to notify IL immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
4.7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these T&C and to be liable and responsible for you and all your obligations under these T&C.
4.8. By registering a legal entity as a user on the website you warrant that you are duly authorised to represent the legal entity and contractually bind it to the T&C as well as any ensuing sale agreements.
4.9. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised IL representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
4.10. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
4.11. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised IL representative.
5. Conclusion of sales and availability of stock
5.1. Registered users may place orders for Products, which IL may accept or reject. Whether or not IL accepts an order depends on factors such as the availability of Products, space available in a workshop or event, availability of Kinga or the practitioner, correctness of the information relating to the Products (including without limitation the price) and receipt of payment or payment authorisation by IL for the Products.
5.2. IL OR THE SELLER WILL INDICATE THE ACCEPTANCE OF YOUR ORDER BY DELIVERING THE PRODUCTS TO YOU, ALLOWING YOU TO COLLECT THEM, CONFIRMING THE APPOINTMENT OR EVENT AND ONLY AT THAT POINT WILL AN AGREEMENT OF SALE BETWEEN YOU AND IL COME INTO EFFECT (THE “SALE”).
This is regardless of any communication from IL stating that your order or payment has been confirmed. IL will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
5.3. Placing Products in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Products, and as such, Products may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold IL liable if such Products are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
5.4. You acknowledge that stock of all Products on offer is limited and that pricing may change at any time without notice to you. IL will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Products are no longer available after you have placed an order, IL will notify you and you will be entitled to a refund of any amount already paid by you for such Products.
5.5. IL may at its sole discretion refuse or reject your order for medical, ethical, logistical, personal or professional reasons in which instant you will be refunded for any reasonable expenses incurred.
5.6. IL may terminate an existing sale if you provide false information, act with mala fides, intentionally set out to cause IL, its employees, affiliates or agents any form or harm. In such an event there will be no refund.
5.7. Certain Products may not be purchased for re-sale. Should we suspect that any such Products are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
6.1. All prices are listed in South African Rand and must be paid in such.
6.2. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
6.3. Before completing a Sale, you will be directed to a link to a secure site for payment of the applicable purchase price for the Products.
6.4. You will be sent email communications about your order and payment.
7. Delivery of Products
7.1. IL will confirm your appointment, workshop or event details in writing. Such confirmation will suffice as a voucher which is redeemable only in line with the details contained therein.
7.2. Products may be sent via courier or made available for collection.
7.3. IL’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. IL is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
7.4. IL is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Voucher or Gift Voucher, after it has delivered the Voucher to you or the email address nominated by you.
8.1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Products on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error. The only exception hereto is if there is an incorrect purchase price listed, in which case we shall refund you.
8.2. IL shall not be bound by any incorrect information regarding the Products displayed on any third party websites.
9. Returns & cancellations
9.1. Products are not refundable.
9.2. Orders may be cancelled at the sole discretion of IL and will be assessed on a case to case basis.
9.3. IL may change dates, event attendance, services and sessions in an attempt to accommodate the client, but no such accommodation will constitute a waiver of IL’s right to enforce the agreed terms or the terms of this agreement. No obligation shall be created through practice that IL must accommodate changes of any nature.
10. Deals & Discounted Products
10.1. From time to time, we may offer certain Products at discounted prices as part of a temporary deal (“Deal”). This will be subject to certain conditions, as set out on the Website, which define the scope of the Deal. If you buy a product within the scope of a Deal, you will pay the discounted price for that product (the “Deal Price”).
10.2. However, if you buy a product in a manner that falls outside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Deal.
10.3. Product quantities available for specific Deals are limited and as such, after a Deal is sold out, those particular Products may be available on the Website at their Normal Price (but no longer at the Deal Price).
10.4. We do not guarantee a specific saving. The extent of the Deal or discount is at the sole discretion of IL.
10.5. In certain instances, only one of each Deal may be purchased per customer.
10.6. Adding a Deal to your cart is not a completed order and does not reserve the item for you.
10.7. By purchasing any Deal, you are also automatically opting in for our newsletters (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Products purchased.
11.1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
11.2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to -
11.2.1. your name and surname;
11.2.2. your email address;
11.2.3. your physical address;
11.2.4. your gender;
11.2.5. your mobile number; and
11.2.6. your date of birth.
11.3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
11.4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
11.5. Subject to the provisions contained in this clause, we will not, without your express consent:
11.5.1. use your personal information for any purpose other than as set out below:
18.104.22.168. in relation to the ordering, sale and delivery of Products;
22.214.171.124. to contact you regarding current or new Products or services or any other Products offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
126.96.36.199. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
188.8.131.52. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
11.5.2. disclose your personal information to any third party other than as set out below:
184.108.40.206. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Products or when delivering Products to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
220.127.116.11. to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new Products or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
18.104.22.168. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these T&C;
22.214.171.124. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc.). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
126.96.36.199. to our suppliers in order for them to liaise directly with you regarding any faulty Products you have purchased which requires their involvement; and
188.8.131.52. to any Seller for purposes of sending you an invoice for any Products purchased from such Seller, which disclosed information will be limited to your email name, address & VAT number (where applicable).
11.6. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, IL is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
11.7. We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
11.8. Ratings and Reviews: When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.
11.9. We will -
11.9.1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
11.9.2. provide you with access to your personal information to view and/or update personal details;
11.9.3. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
11.9.4. upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
11.10. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
11.11. IL undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
11.12. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
12. Changes to these T&C
12.1. IL may, in its sole discretion, change any of these T&C at any time. It is your responsibility to regularly check these T&C and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
12.2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended T&C have been displayed on the Website, you will be deemed to have accepted such changes.
13. Electronic communications
14. Ownership and copyright
14.1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of IL, its advertisers and/or sponsors and/or is licensed to IL.
14.2. You will not acquire any right, title or interest in or to the Website or the Website Content.
14.3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these T&C or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us directly.
14.4. Where any of the Website Content has been licensed to IL or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
15.1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
15.2. Whilst IL takes reasonable measures to ensure that the content of the Website is accurate and complete, IL makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by IL’s representatives, IL shall not be bound thereby.
15.3. IL disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
15.4. Although Products sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
15.5. Any views or statements made or expressed on the Website are not necessarily the views of IL, its directors, employees and/or agents.
15.6. In addition to the disclaimers contained elsewhere in these T&C, IL also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of IL, its employees, agents or authorised representatives. IL thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
16. Linking to third party websites
16.1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These T&C do not apply to those Third Party Websites and IL is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
16.2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
17. Limitation of liability
17.1. As with all physical activities, teachings, meditations, workshops, session applications of Kinga Szilagyi and IL and any related practices entails some degree of physical and mental risk. Be cognizant of your own capabilities and limits, both physical and mental, and act accordingly. If you have any concerns or questions regarding particular exercises, always feel free to reach out.
17.2. All the teachings, workshops, meditations, associated exercises and techniques are not meant/intended to be performed in a competitive context. Go at your own pace and do not let your ego get in the way. Challenge yourself and show commitment, but don’t exceed personal limits in order to prove something to yourself or others. For most people, practicing the methods in a calm and consistent manner yields amazing results.
17.3. Nothing about the method, teachings, meditations, workshops by Kinga or IL should be taken as medical advice. This website and blog are for informational purposes only. Many factors will affect your actual results. Nothing in this report should be considered personalized Health Care Advice. Although we may answer your general customer service questions, we are not licensed health care professionals. No communication from us should be deemed as personalized Health Care Advice. Any Health Care recommended in this report should be made only after consulting with your Doctor and licensed Health Care Adviser. The information contained in this website is general in nature and is not intended as a guide to self-medication or meant to substitute for advice provided by your own physician or other medical professional.
17.4. IF YOU HAVE ANY HEALTH CONCERNS PLEASE BE ADVISED TO CONSULT A PHYSICIAN OR OTHER MEDICAL PROFESSIONAL BEFORE UNDERGOING ANY IL THERAPY OR TREATMENT.
17.5. NEVER CONDUCT ACTIVITIES IN PLACES WHERE LOSING CONSCIOUSNESS IS EXTREMELY DANGEROUS (e.g. in water or whilst driving)
17.6. When you act on knowledge or insight, perceived or otherwise, pertaining to Kinga’s teachings and/or related matters discussed on our online spaces (e.g. websites, social media, YouTube), podcasts, books, manuals, or other content outlets, or those of related third parties, you do so voluntarily, and assume full responsibility.
17.7. IL cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of IL, its employees, agents or authorised representatives. You are encouraged to contact us directly to report any possible malfunctions or errors so we can tend thereto.
17.8. IL shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website, the content contained in the website, or any related products; or your inability to use the website, products and/or unlawful activity on the website and/or any linked third party website.
17.9. YOU HEREBY INDEMNIFY IL AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE AND/OR ANY PRODUCTS ADVERTISED, SOLD, PROVIDED OR IN ANY WAY AFFILIATED WITH IL.
18. Availability and termination
18.1. We will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
18.2. IL may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that IL will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
18.3. If you fail to comply with your obligations under these T&C, including any incident involving payment of the price of an order for any Products, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
18.4. IL is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by IL to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and IL, in whole or in part, on notice to you. IL shall only be liable to refund monies already paid by you and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
18.5. At any time, you can choose to stop using the Website, with or without notice to IL.
19. Governing law and jurisdiction
19.1. These T&C and our relationship and/or any dispute arising from or in connection with these T&C shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these T&C.
19.2. In the event of any dispute arising between you and IL, you hereby consent to the non-exclusive jurisdiction of both the Magistrates Court – Randburg and the High Court of the Republic of South Africa (Johannesburg Division) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
19.3. Nothing in this clause or the T&C limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
20.1. IL hereby selects The Cliffs, Unit number 2, 24 Cliffside Crescent, Randburg, South Africa, as its address for the service of all formal notices and legal processes in connection with these T&C (“legal address”). IL may change this legal address from time to time by updating these T&C.
20.2. You hereby select your address your supplied when registering as a user of this Website, as your legal address, but you may change it to any other physical address by giving IL not less than 7 days’ notice in writing.
20.3. Notices must be sent either by hand, courier or email and must be in English. All notices sent -
20.3.1. by hand will be deemed to have been received on the date of delivery;
20.3.2. by courier will be deemed to have been received on the date of delivery;
20.3.3. by email will be deemed to have been received on the date it was sent.
21.1. IL may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
21.1.1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these T&C to any third party.
21.1.2. Any failure on the part of you or IL to enforce any right in terms hereof shall not constitute a waiver of that right.
21.1.3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
21.1.4. No variation, addition, deletion, or agreed cancellation of the T&C will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
21.1.5. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
21.1.6. These T&C contain the whole agreement between you and IL and no other warranty or undertaking is valid, unless contained in this document between the parties.