Beeja Meditation - Terms of Service
Last updated Jan 7th, 2019
beejameditation.com (“Beeja”) provides the website located at www.beejameditation.com (the“Site”) and our meditation services accessible via our Site and our mobile device application(“App”). To make these Terms easier to read, the Site, our services and App are collectivelycalled the “Services.” Please read these Terms of Service (the “Terms”) carefully because theygovern your use of our Services.
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to be boundby these Terms, do not use the Services.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you knoweither by posting the modified Terms on the Site or through other communications. It’s importantthat you review the Terms whenever we modify them because if you continue to use theServices after we have posted modified Terms on the Site, you are indicating to us that youagree to be bound by the modified Terms. If you don’t agree to be bound by the modifiedTerms, then you may not use the Services anymore. Because our Services are evolving overtime we may change or discontinue all or any part of the Services, at any time and withoutnotice, at our sole discretion.
Unless you opt out of arbitration within 30 days of the date you first agree to these terms byfollowing the opt-out procedure specified in the “Arbitration” section below, and except forcertain types of disputes described in the “Arbitration“ section below, you agree that disputesbetween you and Beeja will be resolved by binding, individual arbitration and you are waivingyour right to a trial by jury or to participate as a plaintiff or class member in any purported classaction or representative proceeding.
Who May Use the Services
You may use the Services only if you are 13 years or older and are not barred fromusing the Services under applicable law. To make a purchase via the Services (described in the Section titled “Purchases” below), you must be 18 years or older andcapable of forming a binding Contract
- Registration and Your Information
If you want to use certain features of the Services you’ll have to create an account(“Account”). You can do this via the App or the Site or through your account with certainthird-party social networking services such as Facebook (each, an “SNS Account”). Ifyou choose the SNS Account option we’ll create your Account by extracting from yourSNS Account certain personal information such as your name and email address andother personal information that your privacy settings on the SNS Account permit us toaccess.
It’s important that you provide us with accurate, complete and up-to-date information foryour Account and you agree to update such information, as needed, to keep it accurate,complete and up-to-date. If you don’t, we might have to suspend or terminate yourAccount. You agree that you won’t disclose your Account password to anyone and you’llnotify us immediately of any unauthorised use of your Account. You’re responsible for allactivities that occur under your Account, whether or not you know about them.
Using the Services
Via the Services, users can select from a variety of options to create customised meditationsessions. You can also use the paid functionality of the Services to utilise the enhancedfunctionality of the Services or purchase items that are offered for sale through the Services (the“Products”), as described in further detail under the Section titled “Purchases” below.You understand and agree that the Services, Products and any other information you learn fromBeeja Meditation are not intended, designed, or implied to diagnose, prevent, or treat anycondition or disease, to ascertain the state of your health, or to be a substitute for professionalmedical care. Not all activities described on the Services or Products are suitable for everyone.Do not use the Services while driving, operating heavy machinery, or performing other tasksthat require attention and concentration. You understand and agree that you are solelyresponsible for your use of the Services.
Who May Use the Services
Beeja Meditation offers certain enhanced features of the Services which you canpurchase as a monthly, yearly or lifetime subscription (“Subscription”). A description offeatures associated with Subscriptions is available via the Services. When you purchasea Subscription or a Product (each, a “Transaction”), we may ask you to supply additionalinformation relevant to your Transaction, such as your credit card number, the expirationdate of your credit card and your address(es) for billing and delivery (such information,“Payment Information”). You represent and warrant that you have the legal right to useall payment method(s) represented by any such Payment Information. The amounts dueand payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, youauthorise us to provide your Payment Information to third party service providers so wecan complete your Transaction and agree (a) to pay the applicable fees and any taxes;(b) that Beeja Meditation may charge your credit card or third party payment processingaccount, including, but not limited to, your account with the app store or distributionplatform (like the Apple App Store, Google Play or the Amazon Appstore) where the Appis made available (each, an “App Provider”), for verification, pre-authorisation andpayment purposes; and (c) to bear any additional charges that your App Provider, bankor other financial service provider may levy on you as well as any taxes or fees that mayapply to your order. You’ll receive a confirmation email after we confirm the payment foryour order. All payments made are non-refundable and non-transferable except asexpressly provided in these Terms.
If you have any concerns or objections regarding charges, you agree to raise them withus first and you agree not to cancel or reject any credit card or third party paymentprocessing charges unless you have made a reasonable attempt at resolving the matterdirectly with Beeja Meditation.
Beeja Meditation reserves the right to not process or to cancel your order in certaincircumstances, for example, if your credit card is declined, if we suspect the request ororder is fraudulent, or in other circumstances Beeja Meditation deems appropriate in itssole discretion. Beeja Meditation also reserves the right, in its sole discretion, to takesteps to verify your identity in connection with your order. You may need to provideadditional information to verify your identity before completing your Transaction (suchinformation is included within the definition of Payment Information). Beeja Meditationwill either not charge you or refund the charges for orders that we do not process orcancel.
- Subscriptions Automatically Renew Until You Cancel & How to Cancel YourSubscription
All amounts are payable and charged: (i) for one-off purchase (e.g. lifetimeSubscription), at the time you place your order; and (ii) For monthly or yearlysubscriptions, at the beginning of the subscription and, because each such subscriptionrenews automatically for an additional period equal in length to the expiring subscriptionterm until you cancel it, at the time of each renewal until you cancel, using the PaymentInformation you have provided. You must cancel your monthly or yearly Subscriptionbefore it renews to avoid the billing of the fees for the next Subscription period. If youpurchase your Subscription via the Site, you can cancel the renewal of your subscriptionat any time by contacting us by email at email@example.com If you purchaseyour Subscription via an App Provider, you can cancel the renewal of your subscriptionat any time with the App Provider. You will not receive a refund for the fees you alreadypaid for your current subscription period and you will continue to receive the Servicesordered until the end of your current Subscription period.
- Changes to Price Terms for Subscriptions
Beeja Meditation reserves the right to change its pricing terms for Subscriptions at anytime and Beeja Meditation will notify you in advance of such changes becomingeffective. Changes to the pricing terms will not apply retroactively and will only apply forSubscription renewals after such changed pricing terms have been communicated toyou. If you do not agree with the changes to Beeja’s pricing terms then you may choosenot to renew your Subscription in accordance with the section “SubscriptionsAutomatically Renew Until You Cancel & How to Cancel Your Subscription.”
- Future Functionality
You agree that your purchases are not contingent on the delivery of any futurefunctionality or features, or dependent on any oral or written public comments made byBeeja Meditation regarding future functionality or features.
We welcome feedback, comments and suggestions for improvements to the Services orProducts (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable,fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectualproperty rights that you own or control to use, copy, modify, create derivative works based uponand otherwise exploit the Feedback for any purpose.
Content and Content Rights
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 users (including you) provide to be made available through theServices. Content includes without limitation User Content.
- Content Ownership
Beeja Meditation does not claim any ownership rights in any User Content and nothingin these Terms will be deemed to restrict any rights that you may have to use and exploityour User Content. Subject to the foregoing, Beeja Meditation and its licensorsexclusively own all right, title and interest in and to the Services and Content, includingall associated intellectual property rights. You acknowledge that the Services andContent are protected by copyright, trademark, and other laws of the United States andforeign countries. You agree not to remove, alter or obscure any copyright, trademark,service mark or other proprietary rights notices incorporated in or accompanying theServices or Content.
- Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to BeejaMeditation a non-exclusive, transferable, sublicenseable, worldwide, royalty-free licenseto use, copy, modify, create derivative works based upon, distribute, publicly display,publicly perform and distribute your User Content in connection with operating andproviding the Services and Content to you and to other users.
- Rights in Content Granted by Beeja Meditation
Subject to your compliance with these Terms, Beeja Meditation grants you a limited,non-exclusive, non-transferable, non-sublicenseable license to download, view, copyand display the Content solely in connection with your permitted use of the Services andsolely for your personal and non-commercial purposes.
- Rights and Terms for Apps
Rights in App Granted by Beeja Meditation
Subject to your compliance with these Terms, Beeja Meditation grants you a limitednon-exclusive, non-transferable, non-sublicenseable license to download and install a copy ofthe App on a mobile device or computer that you own or control and to run such copy of the Appsolely for your own personal non-commercial purposes. Beeja Meditation reserves all rights inand to the App not expressly granted to you under these Terms. You may not copy the App,except for making a reasonable number of copies for backup or archival purposes. Except asexpressly permitted in these Terms, you may not: (i) copy, modify or create derivative worksbased on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any thirdparty; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality ofthe App available to multiple users through any means.
Additional Terms for App Store Apps
If you accessed or downloaded the App from the Apple Store, then you agree to use the Apponly: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operatingsystem software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Termsof Service.
If you accessed or downloaded the App from an App Provider, then you acknowledge and agreethat:
- These Terms are concluded between you and Beeja Meditation, and not with AppProvider, and that, as between Beeja Meditation and the App Provider, Beeja Meditation,is solely responsible for the App.
- App Provider has no obligation to furnish any maintenance and support services withrespect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you maynotify App Provider and App Provider will refund the purchase price for the App to you (ifapplicable) and, to the maximum extent permitted by applicable law, App Provider willhave no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App toconform to any warranty will be the sole responsibility of Beeja Meditation.
- App Provider is not responsible for addressing any claims you have or any claims of anythird party relating to the App or your possession and use of the App, including, but notlimited to: (i) product liability claims; (ii) any claim that the App fails to conform to anyapplicable legal or regulatory requirement; and (iii) claims arising under consumerprotection or similar legislation.
- In the event of any third-party claim that the App or your possession and use of the Appinfringes that third party’s intellectual property rights, Beeja Meditation will be solelyresponsible for the investigation, defense, settlement and discharge of any suchintellectual property infringement claim to the extent required by these Terms.
- App Provider and its subsidiaries are third-party beneficiaries of these Terms as relatedto your license of the App, and that, upon your acceptance of the terms and conditions ofthese Terms, App Provider will have the right (and will be deemed to have accepted theright) to enforce these Terms as related to your license of the App against you as a thirdparty beneficiary thereof.
- You must also comply with all applicable third-party terms of service when using theApp.
- You agree to comply with all U.K. and foreign export laws and regulations to ensure thatneither the App nor any technical data related thereto nor any direct product thereof isexported or re-exported directly or indirectly in violation of, or used for any purposesprohibited by, such laws and regulations.
You agree not to do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriatesor violates a third party’s patent, copyright, trademark, trade secret, moral rights or otherintellectual property rights, or rights of publicity or privacy; (ii) violates, or encouragesany conduct that would violate, any applicable law or regulation or would give rise to civilliability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene,pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred,harassment or harm against any individual or group; (vi) is violent or threatening orpromotes violence or actions that are threatening to any person or entity; or (vii)promotes illegal or harmful activities or substances;
- Use, display, mirror or frame the Services, or any individual element within the Services,Beeja Meditation’s name, any Beeja Meditation trademark, logo or other proprietaryinformation, or the layout and design of any page or form contained on a page, withoutBeeja’s express written consent;
- Access, tamper with, or use non-public areas of the Services, Beeja’s computersystems, or the technical delivery systems of Beeja’s providers;
- Attempt to probe, scan, or test the vulnerability of any Beeja Meditation system ornetwork or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent anytechnological measure implemented by Beeja Meditation or any of Beeja’s providers orany other third party (including another user) to protect the Services;
- Attempt to access or search the Services or download Collective Content from theServices through the use of any engine, software, tool, agent, device or mechanism(including spiders, robots, crawlers, data mining tools or the like) other than the softwareand/or search agents provided by Beeja Meditation or other generally available thirdparty web browsers;
- Send any unsolicited or unauthorised advertising, promotional materials, email, junkmail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilising a Beeja Meditationtrademark, logo URL or product name without Beeja’s express written consent;
- Use the Services for any commercial purpose or the benefit of any third party or in anymanner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email ornewsgroup posting, or in any way use the Services to send altered, deceptive or falsesource-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the softwareused to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host or network,including, without limitation, sending a virus, overloading, flooding, spamming, ormail-bombing the Services;
- Collect or store any personally identifiable information from the Services from otherusers of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or toreview or edit any Content, we have the right to do so for the purpose of operating theServices, to ensure compliance with these Terms, and to comply with applicable law orother legal requirements. We reserve the right, but are not obligated, to remove ordisable access to any Content, at any time and without notice, including, but not limitedto, if we, at our sole discretion, consider any Content to be objectionable or in violation ofthese Terms. We have the right to investigate violations of these Terms or conduct thataffects the Services. We may also consult and cooperate with law enforcementauthorities to prosecute users who violate the law.
Links to Third Party Websites or Resources
The Services and App may contain links to third-party websites or resources. We provide theselinks only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. Youacknowledge sole responsibility for and assume all risk arising from, your use of any third-partywebsites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any timeand without notice to you. You may cancel your Account at any time by sending an email to usat email@example.com. If you purchase Subscription via an App Provider, you shouldalso cancel your Subscription with the App Provider directly. Upon any termination,discontinuation or cancellation of Services or your Account, all provisions of these Terms whichby their nature should survive will survive, including, without limitation, ownership provisions,warranty disclaimers, limitations of liability, and dispute resolution provisions.
The Services, Products and Content are provided “as is,” without warranty of any kind. Withoutlimiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for aparticular purpose, quiet enjoyment or non-infringement and any warranties arising out ofcourse of dealing or usage of trade.
We make no warranty that the Services or Products will meet your requirements or be availableon an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality,accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless Beeja Meditation and its officers, directors, employee andagents, from and against any claims, disputes, demands, liabilities, damages, losses, and costsand expenses, including, without limitation, reasonable legal and accounting fees, arising out ofor in any way connected with (i) your access to or use of the Services or Content or (ii) yourviolation of these Terms.
Limitation of Liability
Neither Beeja Meditation nor any other party involved in creating, producing, or delivering theServices, Products or Content will be liable for any incidental, special, exemplary orconsequential damages, including, but not limited to, lost profits, loss of data or goodwill, serviceinterruption, computer damage or system failure or the cost of substitute Services or Productsarising out of or in connection with these terms or from the use of or inability to use theServices, Products or Content, whether based on warranty, contract, tort (including negligence),product liability or any other legal theory, and whether or not Beeja Meditation has beeninformed of the possibility of such damage, even if a limited remedy set forth herein is found tohave failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation ofliability for consequential or incidental damages, so the above limitation may not apply to you.
In no event will Beeja’s total liability arising out of or in connection with these terms or from theuse of or inability to use the Services, Products or Content exceed the amounts you have paidto Beeja Meditation for use of the Services, Products or Content or fifty pounds sterling (£50), ifyou have not had any payment obligations to Beeja Meditation, as applicable. The exclusionand limitations of damages set forth above are fundamental elements of the basis of the bargainbetween Beeja Meditation and you.
These Terms constitute the entire and exclusive understanding and agreement between BeejaMeditation and you regarding the Services, Products and Content, and these Terms supersedeand replace any and all prior oral or written understandings or agreements between BeejaMeditation and you regarding the Services, Products and Content. If any provision of theseTerms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms ofthe “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt outof arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forthabove), that provision will be enforced to the maximum extent permissible and the otherprovisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Beeja’sprior written consent. Any attempt by you to assign or transfer these Terms, without suchconsent, will be null and of no effect. Beeja Meditation may freely assign or transfer theseTerms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefitof the parties, their successors and permitted assigns.
Any notices or other communications provided by Beeja Meditation under these Terms,including those regarding modifications to these Terms, will be given: (i) by Beeja Meditation viaemail; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will bedeemed the date on which such notice is transmitted.
Beeja Meditation’s failure to enforce any right or provision of these Terms will not be considereda waiver of such right or provision. The waiver of any such right or provision will be effective onlyif in writing and signed by a duly authorised representative of Beeja Meditation. Except asexpressly set forth in these Terms, the exercise by either party of any of its remedies underthese Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services or Products, please contact Beejaat firstname.lastname@example.org