Terms & Conditions
Terms and Conditions of Use – Beeja
INCLUDING Mobile application EULA
June 2019 (v1.0)
PLEASE READ THESE TERMS CAREFULLY
BY DOWNLOADING AND /OR USING THE APP AND/OR USING THE SERVICES YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD OR USE THE APP OR THE SERVICES.
These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services from our website www.beejamedition.com (the “Website”), the services you connect to through our mobile application (the “App”) and the content we provide to you through it or by other delivery methods to you (the Website and such content, products, services, documentation and the App are collectively referred to herein as the “Services” with each being a “Service”).
References in these Terms to “BeejaMeditation”, “we”, “our” and “us” are to Beeja Meditation Limited of [address] and any subsidiaries thereof. Reference to “you” is to you as a user of the Services.
You must be 18 or over to accept these terms and access paid-for features of the App.
- CHANGES TO THESE TERMS: We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce to the Services. We will give you notice of any change by communication through the website, the App or sending you correspondence with details of the change. If you do not accept the notified changes you will not be permitted to continue to use the Services.
- UPDATE TO AND CHANGES TO THE SERVICES: From time to time we may automatically update and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
- SUBSCRIPTION AND FEES: You may purchase three types of subscription from Beeja Meditation beyond creating an account. If you purchase a subscription you will be able to access extra features that are not available without subscription, subscriptions are available on a monthly, annual or lifetime basis (each a “Subscription” and together “Subscriptions”).
Monthly Subscription is charged on a monthly basis, a month for the purposes of these Terms is defined as 30 calendar days. If you purchase a Monthly Subscription, you authorise us to charge on a monthly basis the payment method you provide to us. You represent and warrant that you have the legal right to use the payment method you provide to us. Your subscription will be continuing and automatically renew on a monthly basis until cancelled by you or us. You must cancel your subscription before it renews each month in order to avoid billing of the following month’s subscription fee. Refunds cannot be claimed for any partial-month subscription period.
Annual Subscription is charged on an up front annual basis, for the purposes of these Terms a year is defined as 365 calendar days from the date of subscription. If you subscribe on an annual basis, you authorise us to charge on an annual basis the payment method you provide to us. You represent and warrant that you have the legal right to use the payment method you provide to us. Your Subscription will be continuing and automatically renew on an annual basis until cancelled by you or us. You must cancel your Subscription before it renews each year in order to avoid billing of the following year’s Subscription fee. Refunds cannot be claimed for any partial-year subscription period.
Lifetime Subscriptions are charged on a one off up front basis, for the purposes of these terms lifetime is defined as 100 years. You represent and warrant that you have the legal right to use the payment method you provide to us.
You agree that your purchase of any Subscription is not contingent on the delivery of any future functionality or features.
If you choose to purchase a Subscription, you authorise us to provide any payment method information that you provide to us to third party service providers for the purpose of completing the purchase of your Subscription and any associated costs, taxes and fees attached thereto. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
You agree to promptly notify us of any changes to the payment method you provide for your Subscription while any Subscription remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all Subscriptions purchased by you.
We reserve the right to not process or to cancel your order in certain circumstances, for example, if your payment method declined, if we suspect the request or order is fraudulent, or in other circumstances we deem appropriate in our sole discretion. We will not charge you or will refund the charges for orders that we do not process or that we cancel.
We reserve the right to and can at any time change the pricing of Subscriptions, we will notify you in advance of these changes.
You can cancel your Subscription in the following ways: If you purchase your Subscription via the beejameditation.com, you can cancel the renewal of your subscription at any time by contacting us by email at firstname.lastname@example.org If you purchase your Subscription via an App provider, you can cancel the renewal of your subscription at any time with the App provider.
- RESTRICTIONS: You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the Services in any form, in whole or in part to any person;
- not copy the Services, except as part of the normal use of the Services or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the Services nor permit the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Services to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the Services;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by any of the Services.
- ACCEPTABLE USE RESTRICTIONS: You must:
- not use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into any Services or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of any of the Services, including by the submission of any material (to the extent that such use is not permitted by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of any of the Services;
- not use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
- INTELLECTUAL PROPERTY RIGHTS: All intellectual property rights in the Services throughout the world belong to us (or our licensors) and the rights in the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Services other than the right to use them in accordance with these terms.
- CONTENT: For purposes of these Terms, (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that you provide to be made available through the Services. Content includes without limitation User Content. By making any User Content available through the Services you hereby grant to Beeja Meditation a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services to you and to other users.
- WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO: The Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
- APP END-USER LICENSE AGREEMENT: We make available and license the App to you to use:
- ‘Beeja Meditation’ mobile application software, the data supplied with the software, (App) and any updates or supplements to it.
- The related online OR electronic documentation (Documentation).
- The service you connect to via the App and the content we provide to you through it (Service Content).
as permitted in these terms.
YOUR CHOSEN APPSTORE’S TERMS MAY ALSO APPLY The ways in which you can use the App and Documentation may also be controlled by your chosen appstore’s rules and policies.
Apple App Store: https://www.apple.com/legal/internet-services/itunes/us/terms.html
Google Play Store: https://play.google.com/intl/en_us/about/play-terms/index.html
OPERATING SYSTEM REQUIREMENTS This App requires a modern, up to date device with which to operate it. Without a modern device, the App may not operate correctly.
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms you may:
- download or stream a copy of the App onto your personal device(s) and view, use and display the App and the Service s on such devices for your personal purposes only.
- use any Documentation to support your permitted use of the App and the Service.
- receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF) The Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.You may stop us collecting such data at any time by turning off the location services settings on your device.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU:
The restrictions on liability here apply to every liability arising under or in connection with this agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
If we fail to comply with these Terms, our total liability to you will be the purchase price of your Subscription or £100 whichever is applicable or lower.
Subject to the above we will not be liable for losses that result from our failure to comply with these Terms that fall into the following categories even if such losses result from our deliberate breach:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits (whether considered to be a direct or indirect loss);
(d) loss of anticipated savings;
(e) loss of data;
(f) waste of management or office time; and/or
(g) indirect or consequential loss or damage.
In addition, we will not be liable for:
(a) faulty operation of devices during the creation of an account or during the purchase of a Subscription
or during the transmission of any data and/or for incorrect or overly slow transmission of data by
the internet provider and/or any damage that occurs due to information submitted by you not being
received by us or not being received promptly or not being considered, as a consequence of technical
faults with our software or hardware (whether or not they are within or outside of our control);
(b) any loss or damage due to viruses or other malicious software that may infect your device,
computer equipment, software, data or other property caused by you accessing, using or downloading
the Services, or from transmissions via emails or attachments received from us.
If defective digital content that we have supplied damages a device or digital content belonging to you, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
No liability for claims not notified within two months. Unless you notify us that you intend to make a claim in respect of an event within the notice period, the we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire two months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
Limitations to the Services. The Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Services. Although we make reasonable efforts to update the information provided by the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. The Services are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. Not all activities described in the Services are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.
Check that the Services are suitable for you. The Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Services meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
- WE MAY END YOUR RIGHTS TO USE THE SERVICES IF YOU BREAK THESE TERMS: We may end your rights to use the Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
- You must stop all activities authorised by these terms, including your use of any Services.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
- TRANSFER: We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
- This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
- Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
- NOTICES: If you think the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at email@example.com or call them on ++44 207 127 5008