Terms & Conditions
Welcome to www.akashameditation.com (“Site”), the place where you can learn about the Akasha mobile application (“App”). The App is provided as a personal development application available through your electronic device. By “you”, we mean any individual or entity using the Site or App.
The Coachhouse Ltd. (“we”, “us” or “our”) is pleased to provide the Site and App under these “Terms & Conditions”; we reserve the right to revise these terms and conditions at any time by updating this page and/or the App. Access or use of the Site and/or the App after such changes are posted will signify your acceptance of these revised terms and conditions (“Terms”, as originally posted and as revised from time to time).
USING THE SITE, DOWNLOADING THE APP, OR OBTAINING OR PROVIDING INFORMATION VIA THE SITE OR APP WILL CONSTITUTE YOUR AGREEMENT TO THESE TERMS. ACCORDINGLY, IF YOU DO NOT AGREE, DO NOT USE THE SITE OR APP.
Nature of the Site and App
The Site and App are for informational and educational purposes only. They provide no medical or financial advice, counseling service, therapy, coaching, diagnosis or treatment. You agree that neither the Site nor App creates a physician-patient relationship or any other medical, health, counseling, therapeutic or other professional or financial relationship between you and any individual associated with us, or any other individual associated with developing or providing information and content on the Site or App. You acknowledge that we do not use the Site or App to solicit patients for the psychiatric/medial practice of any individual associated with us, or to initiate individual professional or personal relationships. You agree that you will not use the Site or App to obtain or attempt to obtain a professional or personal relationship with any individual associated with the Site or App. Communications regarding such matters will be discarded unread and will not be responded to.
The Site and App are designed for persons eighteen (18) years of age and older. If you are under the age of 18, please do not attempt to access or use the Site or App.
Do NOT use the Site or App for medical emergencies. If you have a medical emergency, call a physician or qualified healthcare provider, or CALL 9-1-1 (or another comparable emergency assistance number) immediately.
YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SITE AND APP. YOU AGREE TO CONSULT A PHYSICIAN OR APPROPRIATE HEALTH PROFESSIONAL OR FINANCIAL ADVISOR IF YOU ARE SEEKING MEDICAL OR HEALTH OR FINANCIAL ADVICE, COUNSELING OR TREATMENT OR A MEDICAL INTERPRETATION OF INFORMATION OBTAINED THROUGH THE SITE OR APP. THE SITE AND APP DO NOT PROVIDE SUCH MEDICAL, COUNSELING OR OTHER HEALTH OR FINANCIAL ADVICE, INTERPRETATION OR TREATMENT. We advise you to seek the advice of a physician or other qualified healthcare provider, financial advisor, or other appropriate professional with any questions regarding personal health, medical or psychological conditions, financial or other information available on or through the Site or App. Never disregard, avoid or delay in obtaining medical or financial advice or services from your qualified healthcare provider or financial advisor because of something you have read on the Site or App. If you have or suspect that you have a medical or psychological condition, please contact a qualified healthcare professional immediately.
You agree not to upload, post, e-mail or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Site or App or to the Site or App themselves. You agree not to interfere with the servers or networks underlying or connected to the Site or to violate any of the procedures, policies or regulations of networks connected to the Site. You may not access the Site or App in an unauthorized manner.
You agree not to impersonate any other person while using the Site or App, conduct yourself in an offensive manner while using the Site or App, or use the Site or App for any illegal, immoral or harmful purpose.
By breaching the foregoing provisions discussed in Prohibited Uses, you may commit a criminal offence under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and/or App will cease immediately.
Disclaimer of Warranties ETC.
neither we nor any individual associated with us makes any warranties about or undertakes any duties relating to the Site, App or anything else, including without limitation any information, content, software or functionality available on or through the Site or App. everything is offered and provided “AS IS” and WITH ALL FAULTS, and the entire risk as to satisfactory quality, performance, accuracy, timeliness, effort and results is with you.
Neither we nor any of our owners, affiliates, agents, officers, directors, employees, licensors or our service providers (Collectively, the “Protected Parties”) makes any warranty or commitment, and each Protected Party disclaims any (if any) statutory or implied warranties or duties of any kind, including, without limitation: (a) of merchantability; (b) of fitness for purpose or for use; (c) of results, accuracy, validity, timeliness, completeness of information, functionality or availability; (d) of lack of: negligence, reasonable care or effort; (e) of lack of: viruses or other harmful code; (f) of privacy, security or data protection; (g) of indemnity; (h) of protection from misrepresentation, defamation, obscenity or the like; and (i) any created by trade usage, course of dealing or course of performance. There are no warranties or conditions of title quiet enjoyment or non-infringement. If any duty cannot be disclaimed, you agree that no Protected Party will be liable in connection with such duty except to the extent the person alleged to be liable engaged in willful misconduct. Some jurisdictions may not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you.
You acknowledge and agree that your access and use of the Site and/or App are entirely at your own risk and liability.
Limitation of Liability and Exclusive Remedy
You agree that your sole remedy for any breach by a Protected Party of these Terms or for any cause of action of any nature (including tort) shall be, at our option: (1) substitution or replacement of all or part of the aspect of the Site or App that gives rise to damages incurred by you in reasonable reliance; or (2) the amount of damages actually incurred by you (except for Excluded Damages) in reasonable reliance, which amount shall not exceed the amount actually paid by you to us for the aspect of the Site or App giving rise to your damages. You agree that the damage exclusions in these Terms shall apply even if any remedy fails of its essential purpose. Some states and jurisdictions may not allow the exclusion of liability for certain damages, so some of the above limitations may not apply to you. In that case the liability of any Protected Party shall be limited to the maximum extent permitted by applicable law.
Exclusion of Certain Damages
To the full extent allowed by law, you agree that none of the Protected Parties will be liable to you or anyone else for damages of any kind, including, without limitation, any direct, indirect, special, consequential, incidental or punitive damages (including without limitation, legal, attorney, expert and consultant fees and costs), or for damages for: (a) lost profits or opportunity, (b) loss of privacy or security or data, (c) identity theft, (d) failure to meet any duty (including but not limited to any duty regarding good faith, lack of negligence or workmanlike effort), or (e) any other indirect damages, in each case (of subsections a through e) that arise out of or relate to the Site or App or anything else even if a Protected Party has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or product liability or misrepresentation. The damages excluded in this section are hereinafter referenced as “Excluded Damages.”
You agree to indemnify, defend, and hold harmless the Protected Parties from and against any and all claims, actions, losses, costs, damages, disbursements, assessments, penalties, interest, settlements, deficiencies, awards and expenses including the aggregate amount paid in settlement of any action, suit, proceeding, investigation or claim and the reasonable fees and expenses of their counsel that may be incurred in advising with respect to and/or defending any action, suit, proceeding, investigation or claim that may be imposed upon, or incurred, sustained or suffered by, or made or threatened against any Protected Party or in enforcing this indemnity (collectively, the “Claims” and individually, a “Claim”) to which any Protected Party may become subject or otherwise involved in any capacity insofar as the Claims relate to, are caused by, result from, arise out of or based upon, directly or indirectly, or as a consequence of (i) your breach of any of the Terms; (ii) your access to, use, misuse, reliance upon, or inability to access or use the Site, App, or any website to which the Site is or may be linked to from time to time or; (iii) your use of, reliance on, publication, communication, distribution, uploading, or downloading of anything on or from the Site or the App.
Copyright and Ownership
All written and other materials displayed or made available through the Site and the App, including, without limitation, articles, text, photographs, images, illustrations, graphics, audio clips, video clips, software, products, services, product names, company names, trademarks, logos, trade names and software and content whether downloaded or not, including the manner in which it is presented or appears and all information relating thereto, is protected by copyright and is owned by us (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise.
You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
You acknowledge and agree that certain materials on the Site and App are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms against you.
Neither the Site nor App is intended for commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used on the Site or App for commercial purposes without obtaining a written license to do so from us. Material from the Site and App may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Site and App and may subject you to legal liability. You agree not to use the Site or App for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Site and App. Appropriate legal action may be taken for any illegal or unauthorized use of the Site or App.
A limited amount of content will be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by us through the Site and App that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), we grant you a limited right to download, reproduce and distribute such content over the Internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Site and App, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain clear GIFs or cookies that enable us to collect information with respect to the distribution and consumption of such content.
You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site or App. If you make other use of the Site or App, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
You are, however, solely responsible for the confidentiality and security of User Information sent from or stored on your electronic device by the App. We shall not be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions related to the App. You shall be solely responsible for taking precautionary steps to protect User Information stored on the electronic device, including without limitation password-protecting the electronic device.
The Site or App may let you submit material to us: for example, you can upload a photo to your profile, post subjects and comments in the community and comment on various matters in various parts of the Site or App. You may be able to upload video, images or sounds. In these Terms, we use the term “User Material” to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the account information you provide when you register on Site or App or when you subsequently change that information.
This section sets out the rights and obligations that each of us has in connection with User Material. If you review or submit User Material you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.
We do not systematically review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.
We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Site or App, particularly where User Material breaches this section, and we may do this with or without giving you any prior notice.
We may link User Material or parts of User Material to other material, including material submitted by other users or created by us or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those on the Site or App or to promote, market or advertise the Site or App. We will not sell your User Material to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third party advertising which appears next to User Material.
Each time you submit User Material to us, you represent and warrant to us as follows:
- You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract.
- Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
- Your User Material does not advertise any product or service or solicit any business.
- Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.
- You will not collect usernames and/or e-mail addresses of users for the purpose of sending unsolicited e-mail.
- You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.
- You will not engage in any automated use of the system, such as using scripts to alter our content.
- You will not access, tamper with, or use non-public areas of the Site or App, our computer systems, or the technical delivery systems of our providers.
- You will not attempt to probe, scan, or test the vulnerability of the Site or App or any of our other system or network or breach any security or authentication measures.
We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
User Material is not considered to be confidential. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant us an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Site or App, or any portion thereof, and any ideas, concepts, or knowhow contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify the Protected Parties for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.
Any inquiries, feedback, suggestions, ideas, or other information or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Site or App, you grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or knowhow contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that we have no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify us and our affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
Links to Other Sites
The Site may contain links to third-party websites. These links are provided solely as a convenience and for your information and not as an endorsement by us of any third-party website or the content thereof. Unless expressly stated, we do not operate any third-party website linked to the Site and are not responsible for the content of any third-party website, nor do we make any representation, warranty, or covenant of any kind regarding any third-party website including, without limitation, (i) any representation, warranty, or covenant regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-party websites; (ii) any representation, warranty, or covenant regarding the merchantability and/or fitness for a particular purpose of any third-party websites or material, content, software, goods, or services located at or made available through such third-party websites; (iii) any representation, warranty, or covenant that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components; or (iv) any representation, warranty, or covenant regarding the privacy policies of such third-party websites.
We are not responsible for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on such third-party websites or services.
Links to Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Additionally, we do not wish to be linked to or from any third-party website which contains, posts, or transmits any unlawful or indecent information of any kind, including, without limitation (i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, international law or regulation which may be damaging or detrimental to our activities, operations, credibility, or integrity; or (ii) any website which contains, posts, or transmits any material or information of any kind which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights.
The website from which you are linking must comply in all respects with the content standards set out in the Terms.
We reserve the right to withdraw linking permission, or prohibit or refuse to accept any link to the Site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to immediately remove any link you may have to the Site upon our request.
Any information sent or received over the Internet is generally not secure. We cannot guarantee the security or confidentiality of any communication to or from the Site or App.
Modification to Site or App
We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanent, the Site or App (or any part thereof) with or without notice to you. We shall have no liability to you or any third party for any modifications, suspension, or discontinuance of the Site, App or any part thereof and do not assume any obligation to update or revise the Site or App to reflect new events or circumstances.
Use Prohibited Where Contrary to Law
Use of the Site and App is unauthorized in any jurisdiction where the Site or App may violate any laws or regulations. You agree not to access or use the Site or App in such jurisdictions. You agree that you are responsible for compliance with all applicable laws or regulations. Any contravention of this provision is entirely at your own risk.
Incorporation of Related Terms
These Terms incorporate and supplement the Apple, Inc. Terms and Conditions and the Google Play Terms and Conditions including, without limitation, their respective Licensed Application End User Agreement Terms and Conditions.
Governing Law and Jurisdiction
The Terms and all matters relating to your access and use of the Site and App are governed by the laws of the State of California and the laws of the United States of America applicable therein, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the State of California with respect to all matters relating to your access and use of the Site and App as well as any dispute that may arise therefrom and that the applicable law shall be the law of the State of California and of the United States of America applicable therein.
Any consent by us to, or waiver of, a breach of the Terms which you have committed, whether express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.
We may, in our sole discretion, cancel or terminate your right to use the Site, any part of the Site, or the App, at any time without notice. In the event of termination, you are no longer authorized to access the Site, or the part of the Site affected by such cancellation or termination, or the App. The restrictions imposed on you with respect to material downloaded from the Site and the disclaimers and limitations of liabilities set forth in the Terms, shall survive such termination. We shall not be liable to any party for such termination.
Assignment by Us
We may transfer our rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Site or App, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site or App, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Site or App. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
In these Terms, unless the context requires otherwise: (i) any phrase introduced by the words “including’, “include”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and (ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
All notices given by you to us must be given to us at email@example.com. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified under Written Communications above. Notice will be deemed received and properly served immediately when posted on the Site or App or when an e-mail is sent. In proving the service of any notice, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.
If any provision of the Terms is held invalid, illegal or unenforceable, the validity and enforceability of the remaining portions shall not be affected. The Terms shall thereafter be construed as if such invalid, illegal or unenforceable provision were omitted.
The Terms contain the entire agreement between you and us relating to your access and use of the Site and App and supersedes all prior agreements, understandings, representations, negotiations, and discussions, whether oral or written, between you and us.