Terms & Conditions
Last updated: July 5, 2021
By accepting these General Terms and Conditions, an agreement will be formed between you, the User of the App and Website and Centre for Mindfulness. Your agreement to comply with and be bound by these General Terms and Conditions is deemed to occur upon your first use of the App and/or Website. These General Terms and Conditions of use may be amended from time to time with or without notice to you. In addition, if you are using a particular Service on this App and/or Website or accessed via this Website, you may be subjected to additional rules or guidelines applicable to those Services. If you do not agree to be bound by these General Terms and Conditions or to be bound to any additional rules or guidelines relating to a particular Service, you should stop using the App and/or Website and or the Service immediately.
Centre for Mindfulness is the website/app where you can learn to apply mindfulness in you own life and also teach to others for you have the certification and permission to do so.
You must be at least 13 years old to enter or use the App and/or Website. By using this App and/or Website, you have represented and confirmed to us that you are at least 13 years old.
2. YOUR RESPONSIBILITIES AND REGISTRATION OBLIGATIONS
In order to use this App and/or Website or certain parts of it, you may be required to register for a user account; in this case, you agree to provide truthful information when requested. By registering for a user account, you explicitly agree to the App and/or the Website's General Terms and Conditions, including any amendments made by us that are published herein. Single person is allowed to create single account only. Creating multiple accounts may lead to account deactivation and if needed, he/she will be blocked or suspended from using Centre for Mindfulness.
Upon registration, you hereby acknowledge that by using Centre for Mindfulness site to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network, Therefore, though your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
The General Terms and Conditions also apply, in particular, to such content and services sent, posted or uploaded by users to the Centre for Mindfulness website, including e-mails, SMS (text messages), forum contributions, chat messages or images (“User Contents”) as well as the acquisition of goods.
The type and mode of use in particular, by means of a computer, via mobile devices and/or other hard and/or software do not affect the validity of the General Terms and Conditions.
Centre for Mindfulness, explicitly reserves the right to change the General Terms and Conditions at any time.
The user confirms that he/she fully acknowledges these terms and condition in the course of registration by selecting the check box “I accept the Centre for Mindfulness Terms and Condition” and pressing “Registration” button and at the same time, declares his/her explicit agreement with these Terms by selecting the check box “I accept the Prediction Guru Terms and Condition” and pressing the “Registration" button.
5. OBLIGING THE CONTRACT
Certain Centre for Mindfulness content purchased from Centre for Mindfulness is available to you as soon as you have completed the purchase process and received our purchase confirmation email. Our obligation to perform the supply of your Centre for Mindfulness content begins as soon as you have finalised your purchase. We agree to deliver downloadable Centre for Mindfulness content to your computer or device. Our obligation to deliver the Centre for Mindfulness content to you shall be complete at such time as, and place where, you receive the downloaded product.
Centre for Mindfulness reserves all right, title, and interest in the website, app, sister companies and all associated copyrights, trademarks, and other intellectual property rights therein. This license is limited to the intellectual property rights. You may not remove, alter, or obscure any identification, copyright, or other intellectual property notices in the Centre for Mindfulness websites or App.
Centre for Mindfulness does not guarantee that we will continue to offer particular items for any particular length of time. Centre for Mindfulness reserves the right to change and update the inventory without notice to you. Subject to part of these terms the final, completed purchases of any service or product will not be affected if it is no longer offered.
By using this release, you agree that the invoice will be sent by electronic means (e-mail), which is valid without signature.
Centre for Mindfulness reserves the right to cease rendering services that are free of charge at any time without prior notice. In this case, the user is not entitled to claim continuation of the service.
Centre for Mindfulness reserves the right to extend, modify or delete services or to make improvements, especially if these serve the technical progress, appear to be necessary or prevent abuse. The changes can alter the appearance, design, navigation or features. In this case Centre for Mindfulness does its best to consider the user experience. Both users and Centre for Mindfulness may terminate this contract with immediate effect at any time. In this case, you are no longer bound by these terms and conditions.
When you purchase any service or product from Centre for Mindfulness, the price payable by you is the price indicated on the applicable website. You agree to pay all fees specified plus all applicable sales and/or use taxes, GST or VAT that Centre for Mindfulness assesses on your purchase (as described below).
10. PRICING AND TAX
Your total price will be the price of the service plus any applicable sales or use taxes in effect at the time of purchase, and based on your billing address. For U.S. and Canadian purchasers, applicable sales tax will be added on to the price displayed. For Australia, EU countries, Iceland, Norway, Switzerland, or South Africa purchasers, and unless otherwise indicated at the time of purchase, prices will include applicable VAT or GST, which will be assessed at a variable rate based on your billing address (including purchases for gifts). Failure on Centre for Mindfulness’s part to invoice you for any applicable US or Canadian sales taxes and other taxes does not relieve you of the liability to pay such taxes, and you must pay to the applicable taxing authority any such taxes which may be due as a result of your purchase through the applicable Centre for Mindfulness Website.
11. PARTNER IN FINANCE
All the payments will be made through PayU portal and to our finance partner in India named Evolz Private Limited details of which are available on request. They are governed by their own Terms & Conditions and legal requirements.
12. USER CONTENT
The content provided to you on and via the Website and the App are provided on an "As Is" basis. You agree that we reserve the right to modify or discontinue provision of this App and/or Website and its Services and to remove the information you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. We will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information. You are responsible for your use of content provided to you via the App and/or Website, for any content you post, and for any consequences thereof. The content you submit, post, or display will be viewable and is likely to be accessed through third party services and websites. You should only provide content that you are comfortable sharing with others under these General Terms and Conditions.
You represent that you have all rights and permissions necessary to submit User Content to us (including, with respect to photographs, written consent from each identifiable person therein), that your User Content is accurate, and that your User Content is not subject to any confidentiality obligations or in violation of the Code of Conduct. In addition, you represent and warrant that any User Content submitted by you does not violate or infringe upon any copyright, right of privacy, trademark, patent, trade-name, performing right or any literary, dramatic, musical, athletic, personal, private, civil, contract, or property right or any other right of any person, firm, or corporation, or contain any libelous or slanderous material.
You retain all right, title and interest to your User Content, except that you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use your User Content and any modifications thereto in connection with the Game without compensation to you. To the extent permitted by applicable law, you waive any moral rights you may have in your User Content (such as the right to be identified as the author).
We do not endorse any User Content supplied by other users; each user is responsible for his or her User Content, and we expressly disclaim any warranty with respect to User Content. We have no obligation to monitor User Content, and we are not responsible for monitoring the Game for inappropriate or illegal communications by other users. However, we reserve the right to block, remove or edit User Content. We may, in our discretion, choose to monitor or record your interaction with us or with other users when you are using our services. You acknowledge and agree that you have no expectation of privacy in any User Content.
14. THIRD PARTY WEBSITES
Within the Apps available third party media-material and content is not stored or hosted by Centre for Mindfulness. The respective content of third parties is only stored in the corresponding hosting platforms (e.g. YouTube). Centre for Mindfulness has no influence on the scope and the period of storage and availability of any third party content or media-materials. Users of the Apps have no right to demand the access to certain content or the availability of media functions. Centre for Mindfulness is not obligated to improve, to update/upgrade the Apps, or to make available content and features in the respective App. Centre for Mindfulness does not warrant certain functionalities of the Apps.
15. LIMITATION OF LIABILITY
In no event will Centre for Mindfulness be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the website/application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
Centre for Mindfulness is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the website/Application.
Nothing in these terms shall exclude or limit Centre for Mindfulness Liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
16. OUR PROPRIETARY RIGHTS
All title, ownership and intellectual property rights in and to the Service are owned by Centre for Mindfulness or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Centre for Mindfulness, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
17. TERMINATION AND SUSPENSION
Centre for Mindfulness may terminate or suspend all or part of the Service and your Centre for Mindfulness account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your Centre for Mindfulness account, you may contact us via the contact us with a note to say you wish to terminate your account. If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with Centre for Mindfulness regarding restoration of your account only via our email address.
To the fullest extent permissible under applicable law, the services that you Purchase on the Centre for Mindfulness websites and/ or app are provided to you “as is,” and your use is at your own risk. Centre for Mindfulness does not make, and hereby disclaims, any And all other express, implied or statutory warranties, including implied warranties of Merchantability, fitness for a particular purpose, non infringement of third party rights, and any Warranties arising from a course of dealing, usage, or trade practice. Some jurisdictions do not allow the exclusion of or limitations on implied warranties, so the above exclusions and Limitations may not apply to you.
To the maximum extent permitted by applicable law, neither Centre for Mindfulness nor its licensors or Distributors shall be liable to you for any lost profits, cost of substitute Centre for Mindfulness content, or any Form of indirect, special, incidental, consequential or punitive damages from any causes of Action arising with respect to the Centre for Mindfulness content that you purchase from Centre for Mindfulness, whether Arising in tort (including negligence), contract, strict liability or otherwise, whether or not such Party has been advised of the possibility of such damage. In no event shall Centre for Mindfulness’s aggregate Liability under this agreement exceed the amount actually paid by you for the applicable Centre for Mindfulness content.
Notwithstanding the foregoing, nothing contained in this agreement limits Centre for Mindfulness’s liability to You for fraudulent misrepresentations, death or personal injury caused by Centre for Mindfulness’s negligence, Or any other liability to the extent such liability cannot be excluded or limited as a matter of Applicable law.
19. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.
20. LAW AND JURISDICTION
You agree that these General Terms and Conditions and any additional rules or guidelines applicable to those Services we provide any dispute arising out of Your use of the App and/or Website or products or services provided will be governed by and construed in accordance with the Indian law, without regard to or application of its conflict of law provisions. By registering for a user account on the App and/or Website, or by using the App and/or Website and the Services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over us, and you therefore agree to submit to the exclusive jurisdiction of the Courts of India.
21. MISCELLANEOUS INFORMATION
(I) In the event that any provision of these General Terms and Conditions is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these General Terms and Conditions will remain valid and applicable; (ii) Unless the context otherwise requires, references to any gender includes all genders and any use of the singular includes plural and vice versa. (iii) The failure of either party to assert any right under these General Terms and Conditions will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect; (iv) You agree that any claim or cause in respect of this web site or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation; (v) Centre for Mindfulness may assign its rights and obligations under these Terms and Conditions; in this event, Centre for Mindfulness will be relieved of any further obligation.