TERMS 2018

TERMS 20182019-07-16T22:31:08+02:00

Terms and Conditions

Welcome to https://www.auroraray.com/ (our Site).

This Site gives you an opportunity to browse and purchase products and services offered by Aurora Ray and or Culinary Art & Nutrition Ibiza (Aurora Ray, we, us).

These Terms and Conditions (Terms) govern your use of this Site, as well as Aurora Ray’s products and services, and form a binding contractual agreement between you and us.

These Terms are important and you should ensure that you read them carefully and contact Aurora Ray at contact@auroraray.com if you have any questions before purchasing our products or engaging our services.

These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations and understandings.

Aurora Ray’s products and services are intended for people aged 18 and over.

ACCEPTANCE OF TERMS

  1. By accessing, downloading or using the products and services offered on our Site, whether or not you register as a member, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
    1.a. Online registration
    Students/clients can place a booking by paying the full tuition fee or by making a deposit. The agreement between the student/client and Aurora Ray includes any deposits/payments made and the conditions included. Through credit card, Paypal payment or deposit or bank transfer the student/client agrees with the contents of these terms.
  2. We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site.  Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the products and/or services.

GENERAL DISCLAIMER

  1. All Aurora Ray products and services are intended for general education and information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/ or services, purports to offer legal, medical, health or other professional advice.  Use caution and always seek professional advice before acting on any information that we provide.
  1. Aurora Ray provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your background, dedication, participation, desire, and motivation.
  1. Any testimonials and examples within our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
  1. You acknowledge and agree that Aurora Ray, its directors, principals, employees and representatives are not responsible for decisions that you may make nor losses that may arise out of any health, business or personal decision made by you at any time.

HEALTH AND HEALING DISCLAIMER

  1. Aurora Ray cannot and does not make any guarantees about your ability to get results or health with our ideas, information, tools, coaching or strategies. You acknowledge that there is an inherent risk in any lifestyle change or activity and agree there is no guarantee that you will achieve your goals as a result of your purchase of our products and/or services.
  1. Any health and healing representations referenced by us on the Site, in our videos, forums or during the provision of our services are illustrative of concepts only and should not be considered as promises for actual or future performance.

REGISTERING YOUR DETAILS

  1. Before you purchase our products and/or services, you must register an account with us.
  1. You must provide accurate, complete and up-to-date registration information, as requested, and it is your responsibility to inform us of any changes to your registration information.
  1. We may at any time request a form of identification to verify your identity.
  1. If you are a registered user or member of this Site, you acknowledge and agree that:
    12.a. You are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
    12.b. You will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
    12.c. You will immediately notify us if your Password is lost or becomes known to any other person;
    12.d. You are solely responsible for all access to and use of this site via your Password, whether such access or use is by you or any other person; and
    12.e. Any information you provide to us for posting or inclusion in our Aurora Ray Community, at any time, becomes our property.
  1. To the extent that you provide personal information, Aurora Ray will treat such information strictly in accordance with its Privacy Policy.
  1. You must ensure the security and confidentiality of your registration details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorized use of your registered details.
  1. Where a member service is for one user only, you will not let any other person use your Password or any registered user or member services.

YOUR OBLIGATIONS

  1. When using our products and/or services, you may be given access to downloads, Facebook groups, other online or in person forums or events in which you may post comments, photos, messages or other material (Your Content).  When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Aurora Ray Community any of the following:
    16.a. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
    16.b. Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
    16.c. Information that includes personal or identifying information about another person without that person’s consent.
    16.d. Information that constitutes promotion or advertisement for groups, events or activities organized through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
    16.e. Any information or content that impersonates any person or entity.
    16.f. Any material, non-public information about companies without authorization to do so.
    16.g. Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
  1. By posting or otherwise publishing Your Content on our Site, you:
    17.a. Grant us a non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit Your Content in any form and for any purpose;
    17.b. Warrant that you have the right to grant the above licenses;
    17.c. Warrant that Your Content does not breach these Terms; and
    17.d. Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
  1. We reserve the right (but have no obligation) to:
    18.a. Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
    18.b. Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.

CODE OF CONDUCT

  1. Our Site is a space for learning and is a pitch-free, solicitation-free and sales-free environment.
  1. Whilst using this Site and/or our Aurora Ray Community, we ask that you not:
    20.a. Contact anyone who has asked not to be contacted.
    20.b. Collect personal data about other users for commercial or unlawful purposes.
    20.c. Infringe other user’s privacy rights.
    20.d. Violate the intellectual property of others.
    20.e. Post anything that contains software viruses, worms or any other harmful code.
    20.f. Use manual or automated software, devices, script robots, other means or processes to access our Site or any related data or information.
    20.g. Please see our Aurora Ray Community Guidelines in the appendix to these Terms for more information.

CONFIDENTIALITY
21.  We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, Confidential Information) and by using our products and/or services, you agree to respect the same rights of the other Aurora Ray product and/or services participants (Participants) and representatives of Aurora Ray.
You agree:
21.a. That any confidential information shared by Participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us.
21.b. Not to disclose such information to any other person or use it in any manner other than in discussion with Participants during training sessions.
21.c. That all materials and information provided to you by us are our confidential and proprietary information and intellectual property, belong solely and exclusively to us, and may only be used by you as authorized by us.
21.d. That if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
21.e. While you are free to discuss your personal results from our services, you must keep the contracts, experience and statements, oral or written, of Aurora Ray, the Participants or any of our representatives in the strictest of confidence.
21.f. We treat any information you share with us confidentially and do not disclose any of your treatment plans, the participation itself or any progress with any third party. All information about the coach/client relationship will remain strictly confidential except in very rare circumstances where decreed by law; ie. where the court might issue a subpoena for the file or information.
21.g. If you wish for Aurora Ray as your coach to speak to someone outside our interactions, you need to give us written permission (original signed letter) to do so.  All information is kept confidential.
21.h. It is also important to note that in some situations, it is important to be aware of the use of technology in that for some clients, there is a risk in using certain media such as the internet, mobile phones, and cordless phones. If you use these to communicate with us, then we will assume that it is appropriate to continue to do so in our interactions with you.

COPYRIGHT AND TRADEMARK NOTICES

22.  All material on this Site or otherwise delivered by us by us including (but not limited to) coaching sessions, course content, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal use, you must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.
22.a. You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
22.b. The trademarks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of Aurora Ray. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to Aurora Ray, in any manner that is likely to cause confusion with customers, or in any manner that disparages Aurora Ray.
22.c. Nothing contained on this Site or in our programs should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without our express written permission.
22.d. You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that Aurora Ray (Salome Ghassabeh) will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

TERMINATION

23.  We reserve the right to terminate your use of the Site, any programs or our products and/or services generally if you breach these terms, as determined by us in our sole discretion.
24. Refunds are not provided for our products and/or services (coaching) that have been rendered by us, including where you have been given access to Our Content, whether accessed by you or not.
24.a. Refund policy for courses
After making the initial deposit or payment to a live course the student/client has a reflection time of 7 days. If the student/client decides not to do the course within the reflection time period, the contract shall be dissolved. Any deposits paid will be charged as an administrative fee. The rest of the paid fee will be reimbursed.
24.b. If the student/client is unable to join or has to cancel the course/event, the payment responsibilities will not stop. Cancellation needs to be reported within 7 days after payment and minimum 30 days before the date of the event. There is no refund of payment possible for missed days.
24.c. Aurora Ray has the right to cancel the course/event. In case of insufficient participants Aurora Ray maintains the right to cancel or postpone the course/event.
25. Refund policy for coaching agreements
The client has the option to terminate the coaching agreement (orally or written) within 24 hrs of agreeing or signing the contract. In case of termination within 24 hours after the first meeting, the initial meeting will be charged with €300. Additionally, since coaching programs/agreements are customized and immediately constructed and planned for the client an administrative fee of €495 will be charged and the client will receive a refund on the rest payments. Otherwise, after the initial 24 hours of contract signing passed (orally or written) any fees paid or agreed upon as per contract are non-refundable and due in full and the client agrees to coaching for the full duration of the contracted period.
26. In case that the client’s personal or health circumstances suddenly change in a way that prohibits them from participating in the agreed coaching there is no refund going to be issued by us. The client remains the right to begin or continue their coaching program at any time within one year of the initial agreement.
27. If you need to cancel an appointment, please provide at least 24 hour’s notice or you will be charged for the appointment.

FINANCIAL TERMS

28. Invoices for any Aurora Ray program are automatically generated and can be requested at any time by emailing contact@auroraray.com.
29. Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:
29.a. You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates
29.b. If payment is defaulted or not received, you authorize us to debit any outstanding funds from your nominated account without the need for notification at a future date.
29.c. If payments are over 8 days late, the participant will be addressed and the amount can be increased with an administration fee. If a collection agency needs to be hired to recover the fee, the amount owed will be increased by 10%, with a minimum of 45 euro – collection fee.

30. Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.
31. We reserve the right to suspend or terminate any product or service, at our discretion, if payment has defaulted.
32. We reserve the right to on-sell or otherwise authorize a debt-collection or other authorized agency to collect any amount not paid by you.
33. We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.
34. We endeavor to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.
35.  In circumstances where we invoice you for payment, payment is due and payable by the payment date noted on the invoice. Failure to make payment by the payment date may lead to suspension of use of our product and/or services.
36. From time to time, Aurora Ray may offer members the opportunity to purchase additional products and services at a discounted rate. To be eligible for this discount, you must be an active member in good standing at the time of purchase.
37. If you are experiencing financial hardship or difficult personal circumstances that are preventing you from actively participating in the coaching program or event, Aurora Ray may in her sole discretion, allow you to pause your program and continue or participate at a later time within one year. Please email contact@auroraray.com if this is the case

COURSES, COACHING AND WORKSHOPS

38. For the purpose of the paragraphs below, Aurora Ray certification courses, workshops, coaching, other presentations and retreats hosted by Aurora Ray will be referred to as ‘Events’.
39. You must appear on time for your coaching sessions. If your sessions with Aurora Ray are planned to be via phone or Skype you are responsible for calling on time.
40. Events are strictly adults only to ensure professionalism and a quiet working environment for all other attendees.
41. Aurora Ray reserves the right to exclude you from any Event should you, in Aurora Ray’s sole determination, become disruptive.
42. You understand and acknowledge that Aurora Ray and/or its representatives may record any aspect of an Event (Recordings). Those Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by Aurora Ray.
43. You hereby waive any and all legal rights you may have against Aurora Ray in respect of Recordings of your participation in the event and grant to Aurora Ray the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, or reproductions thereof in colour or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.
44. You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.
45. You hereby release, discharge and agree to hold harmless Aurora Ray from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.
46. In the unlikely event that Aurora Ray cancels an Event, you will receive a full refund of the purchase price paid for the Event. Aurora Ray will not reimburse any optional expenses including but not limited to flights and accommodation.

LIABILITY IS LIMITED

47. The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded.  Such rights include, but are not limited to, those rights under German Consumer Laws.
48. We do not make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of our Site, Aurora Ray events or Our Content.
49. In no event will we be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute products or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this Site, Aurora Ray events or Our Content.
50. These limitations and terms include (but are not restricted to) loss or damage you might suffer as a result of:
50.a. Reliance on the completeness, accuracy, suitability or currency of information, products or services irrespective of any verifying measures taken by us (including third party material and advertisements).
50.b. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records.
50.c. Accessing websites or servers maintained by other organizations through links on our Site, Aurora Ray events or products or services. Links are provided for convenience only. We do not endorse linked websites nor their products and services and you access them at your own risk.
50.d. The use of credit card or other financial information, failure to complete (or delay in completing) any transaction, or other loss or damage arising from any transaction made or attempted on our Site.

YOUR INDEMNITY

51. You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or us as a direct or indirect consequence of using or attempting to use our information, products, services or any breach by you or your agents of these Terms. We are not responsible for, and expressly disclaim all liability to the fullest extent permitted by law, for damages of any kind arising out of use, reference to, or reliance on any information contained within our Site, Aurora Ray events or through use of our products or services.
51.a. Registration Liability
Registration/booking means that the student/client agrees to assume full responsibility and release all others from any liability for any injury or damage to persons or property directly or indirectly the result of the course/event. Organizers, teachers, chefs and or staff are not responsible for any injury or damage to persons or property.
52. By using our Site and our products or visiting our events or agreeing to coaching programs, you agree to release Aurora Ray (Salome Ghassabeh), and her agents, representatives, successors and assigns from all manner of actions, causes of action, debts, and demands You ever had, and now have or which your heirs, relatives, executors, administrators, assigns, or any of them, may have in the future that may arise as a result of any illnesses, injuries or death, and damages that you may sustain while participating in any of our food, health and nutrition programs.
53. You herewith acknowledge that our site and Aurora Ray (aka Salome Ghassabeh) advises you that none of the programs, products or information provided by us are meant as medical advice and are in no way intended to replace your regular medical attention. None of the information, courses, programs, products and events we provide should be taken as medical advice or as a substitute for regular visits with your health practitioner.

AFFILIATE DISCLOSURE

54. As affiliates of certain products and services, we may receive compensation for recommending and promoting products/services linked to from this Site or via our Aurora Ray events.

NO ASSIGNMENT

55. You cannot transfer or assign your Aurora Ray membership without Aurora Ray’s prior written consent.
56. We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.

DISPUTE RESOLUTION

57. Should a dispute arise between us, we strongly encourage you to contact Aurora Ray at contact@auroraray.com to seek a resolution. Any reasonable requests will be considered and Aurora Ray will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

APPLICABLE LAW

58. These Terms shall be construed in accordance with and governed by the laws of Germany. You consent to the exclusive jurisdiction of the courts in Germany to determine any matter or dispute which arises between us.

YOUR FEEDBACK

59. We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential.
60. If you have questions or comments regarding this Site, or Aurora Ray products or services, please email us at contact@auroraray.com.

Company Details

Trading Name: Aurora Ray, Las Margaritas 41, 07840 Ibiza
Country: Spain
Telephone Number: +34660162148
Email: contact@auroraray.com

APPENDIX

COMMUNITY GUIDELINES

Food and health enthusiasts of all levels are welcome here. We have community members of all skill and experience levels, from college students and house-wives to entrepreneurs to multi-million dollar enterprises.

We want people to feel safe when using our site, groups and forums. For that reason, we’ve developed a set of community guidelines, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of content may be reported to us and removed. Because of the diversity of our global community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines.

  • Business owners of all levels are welcome here.
    We have members of all skill and experience levels, from college students to entrepreneurs to multi-million dollar enterprises.
  • Keep it respectful
    Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that will be removed.
  • No pitching to the group
    We have a strict ‘no shopping for customers’ policy in our groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. You should view the group as your peers, not your leads.
  • No gated content
    Content posted in the groups cannot be used to harvest leads in any way. If you need a feedback or a review, post the direct PDF, document, or screenshot. Don’t require people to opt-in to view.
  • Respect confidentiality
    Content gathered in our Aurora Ray groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.
  • Keep it on topic
    We reserve the right to remove posts based on off-topic content or offensive content.
  • Partnering with other members
    Access to this group does not mean that Aurora Ray endorses anyone’s products or services. Please be cautious and do your due diligence when partnering with anyone in the group – don’t assume everyone is trustworthy.
  • Report posts that are breaking group policies
    Due to the large amount of people in our groups and communities, it’s sometimes difficult for us to catch everything. If you see a post that is questionable, please report it, tag our community manager in the comments, or reach out to our community manger directly via private message so our team can review them.
  • Breaking the rules
    If you are deemed to be breaking the rules of the group, Aurora Ray and its administrators reserve the right to remove you from the Facebook group that the offending behaviour has occurred within.
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