Terms & Conditions
(Date of last revision: 12 September 2012)
In order to fully benefit from the Be the Woman... material, we want all its members, including you, to be able to express any ideas or issues with trust and confidence in us and the other members. This document is an important aspect in building that trust and confidence.
Please do take the time to read this document as it is a legally binding agreement between you and Amritvela (who owns the Be the Woman You Were Born to Be Course and Online Community and the What Makes a Woman A Woman Introductory Programme).
1.YOUR RELATIONSHIP WITH US
1.1.Your use of the Be the Woman You Were Born to Be Online Community (the "Online Community") the Course and any related products (including the What Makes a Woman A Woman Introductory Programme), software and services (altogether the "Programme") is subject to the terms of a legal agreement between you and Amritvela of St Paul's House, Warwick Lane, London EC4P 4BN ("Amritvela").
1.3.Any reference in these Terms to "we", "us" or "our" will refer to Amritvela, and to "you" or "your" to you, the person who is using and is a member of the Programme. A reference to a "Member" is a member of the Programme including the Online Community.
2.ACCEPTANCE OF THE TERMS
2.1.In order to use the Programme, you must first agree to the Terms. You may not use the Programme if you do not accept the Terms.
2.2.You accept the Terms by placing an order and paying (in full or in part) to use the Programme (an "Initial Payment"). You understand and agree that Amritvela will treat your Initial Payment as acceptance of the Terms from that point onwards. The Initial Payment will be considered made when the full or (if an installment payment plan has been agreed ) the first installment payment has cleared and we have sent you a welcome email confirming your acceptance onto the Programme.
2.3.The Terms will still be binding on you if you circumvent payment and use parts of the Programme intended for Members or if for whatever reason we give you access to the Programme without requesting any payment.
3.CHANGES TO THE TERMS
3.1.Amritvela reserves the right to make changes to the Terms. When these changes are made, Amritvela will make the updated Terms available on the Online Community.
3.2.You understand and agree that if you use the Programme after the date on which the Terms have changed, Amritvela will treat your use as acceptance of the updated Terms. You should check the Terms regularly for changes.
4.DELIVERY OF THE PROGRAMME
4.1.We agree to deliver to you the Programme upon receipt of your Payment. The information and digital material that makes up the Programme will be delivered electronically, via email and special websites, or in any other manner that we find appropriate.
4.2.You agree that we are not responsible for ensuring that the material is successfully received by you, although we will take reasonable steps to assist you if you do not receive it.
5.1.All textual content, titles, images, graphics, audio content, video content, scripts, software, interactive features and other digital or otherwise rendered content and information contained in any aspects of the Programme including in emails, websites or other providers of data for the Programme (the "Programme Content") is either owned by or licensed to Amritvela, unless otherwise specified, and is subject to copyright, trade mark rights, and other intellectual property rights of Amritvela. Any third party trade or service marks present on the Programme Content are trade or service marks of their respective owners.
5.2.Subject to paragraph 5.3 below, Programme Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, sold, licensed, or otherwise exploited for any purpose whatsoever (including but not limited to use in workshops, training programmes, classrooms and yoga classes) without the prior written consent of Amritvela or Amritvela's licensors.
5.3.Programme Content may only be reproduced or downloaded temporarily as one single copy to print out or to be placed on a CD, in the cache of your computer or I-pod or similar device for personal use by you only.
5.4.Amritvela reserves all rights not expressly granted in and to the Programme Content.
6.1.In order to access the Online Community and some other features of the Programme you will be asked to create a "Member Account". When creating the Member Account, you agree to provide accurate and complete information.
6.2.You must keep your Member Account login and password secure and confidential. The password is for you alone and must not be used by anyone else and must not be transferred.
6.3.You must notify Amritvela immediately of any breach of security or unauthorised use of your Member Account that you become aware of. You are responsible for ensuring that no unauthorised access to the Online Community or Programme or any part of it is obtained through your login and password.
6.4.You agree to be solely responsible (to Amritvela and to others) for all activity that occurs under your Member Account.
7.1.Amritvela encourages and gives permission to you and all Members to contribute textual and other material on the Online Community and other interactive aspects of the Programme (collectively the "Member Contributions"). Amritvela grants you permission to access and use the Online Community and the Programme, subject to the following express conditions:
a) You are female
b) You agree not to communicate with slander or rude or purposely offensive language.
c) You agree not to use the Online Community to promote, advertise or market any products or services, paid or free, without the express consent of Amritvela.
d) You agree not to use or launch any robot, spider, offline reader or any other automated system that can access the Online Community or any other aspect of the Programme;
e)You agree not to harvest or collect email addresses or other contact information of other Members for the purposes of sending unsolicited emails or other unsolicited communications;
f)You agree not to use the Programme or Online Community in any unlawful manner or in any other manner that could damage, disable, overburden or impair any aspect of the Programme or Online Community;
g) You agree not to copy or distribute any part or parts of the Programme, including but not limited to any Member Contributions, without Amritvela's prior written consent;
h)You agree not to upload, post, transmit, share, store or otherwise make available:
Any material that, in the sole judgement of Amritvela, is not in keeping with the spirit or the purposes of the Programme;
Any content that, in the sole judgement of Amritvela, is objectionable or which restricts or inhibits any other person from using or enjoying the Programme, or which may expose Amritvela or other Members to any harm or liability of any type;
unlawful material or material that might constitute or encourage conduct or behaviour that would be considered a criminal offence or might violate any law;or
Any advertising or promotional material, or any other material that may be construed as having a commercial objective, without the consent of Amritvela;
i)You agree to abide by the Be the Woman You Were Born To Be Community Guidelines that provides further guidelines regarding use of the Online Community and the Programme;
j) You understand and agree that you are solely responsible for your own Member Contributions; and
k) You represent and warrant that none of your Member Contributions will violate or infringe upon the rights of any third party, including copyright, third party or trademark rights or contain libellous, defamatory or otherwise unlawful material.
7.2.Amritvela expressly disclaims any and all liability in connection with Member Contributions.
7.3.You retain full ownership of all your Member Contributions and any intellectual property rights or other proprietary rights associated with your Member Contributions, but you agree to grant limited licence rights to Amritvela as described in paragraph 7.5 below.
7.4.There may be rare occasions when we would like to reproduce part of a Member Contribution for promotional and other purposes. When doing so, we will take reasonable steps to ensure that the privacy of the Member in question is protected and that they can not be identified by or with the extracted Member Contribution. Amritvela will always use all reasonable endeavours to consult with you before reproducing any of your Member Contributions.
7.5.When you submit a Member Contribution, you automatically grant, and you represent and warrant that you have the right to grant, to Amritvela an irrevocable, perpetual, worldwide, royalty-free, non-exclusive, transferable licence (with right to sub-licence) to use, reproduce, display, perform, translate, excerpt (in whole or part) and distribute that Member Contribution for any purpose commercial, advertising or otherwise on or in connection with the Programme (and derivative works thereof).
8.LINKS TO THIRD PARTY CONTENT
8.1.The Programme contains links to other websites as well as articles, photographs, music, videos, application, software and other content or items belonging to or originating from third parties ("Third Party Content" ). You acknowledge and agree that Amritvela has no control over, is not responsible for the availability of, and does not endorse any aspect of any such Third Party Content. You acknowledge and agree that Amritvela is not liable for any loss or damage which may be incurred by you as a result of you accessing Third Party Content or placing any reliance on the availability or any other aspect of such Third Party Content.
9.1.The prices given for the Programme or any elements of the Programme include all relevant tax. This includes but is not exclusive to Value Added Tax of 20% for consumers planning to use the Programme within the EEC.
9.2.We are not responsible for any local taxes or duty charges. You agree to accept them by placing an order and making any payment to us.
9.3.All transactions are conducted in UK Pounds Sterling (GBP). You may make a payment with a supported card from any country. The credit/debit company will charge you in your currency based on the exchange rate. We are not accountable for any fees charged to you by your card company for dealing in foreign currency. We will not include them in any refunds.
9.4.Prices listed in foreign currencies are estimates based on the market exchange rate at the time of the sale. The amount charged to your card may differ slightly depending on variations in the exchange rate between the time of the listing and the time we process the card transaction. In addition it is likely the amount charged will be based on a higher rate charged by the card issuer in addition to or in place of a service fee. We will not be liable for any such variation.
9.5.Refunds will be conducted in UK Pounds Sterling. As such the amount you receive in another currency may be more or less what it was at the time of sale depending on changes in the exchange rate. Again, we will not be liable for such difference.
9.6.If you choose to pay in instalments and you do not make an instalment payment at a designated time, then you will be in immediate breach of contract. We reserve the right to immediately cancel your membership of the Programme and rescind all rights entitled to you by the Terms.
10.EXCLUSION OF WARRANTIES
10.1.The Programme is provided "as is" and Amritvela makes no warranty or representation to you with respect to it or any part of it.
10.2.In particular, but without limitation, Amritvela makes no warranty or representation in relation to the code on any of its websites or any software provided to you as part of the Programme.
10.3.Nothing in the Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
11.LIMITATION OF LIABILITY
11.1.Nothing in the Terms shall exclude or limit Amritvela's liability for losses which may not be lawfully excluded or limited by applicable law.
11.2.Subject to paragraph 11.1, Amritvela shall not be liable to you for any indirect or consequential loss or damage which may be incurred by you. This shall include (without limitation):
a)any loss or damage suffered by you as a result of downloading, using, installing or in any other way dealing with any software or any aspect of the Programme onto your or third party electronic equipment;
b)any loss or damage (whether directly or indirectly incurred) to your physical, mental or spiritual health or financial circumstances.
11.3.If you have any existing health issues or experience any whilst using the Programme, we strongly advise you to visit your health professional before attempting any of the activities described in the Programme. The Programme is not to be construed as medical advice.
11.4.The limitation on Amritvela's liability to you in paragraph 11.2 above shall apply whether or not Amritvela has been advised of or should have been aware of the possibility of any such losses arising.
12.CANCELLATIONS, REFUNDS AND ENDING THE MEMBER RELATIONSHIP
12.1.You may cancel your order to use the Programme and request a refund of your Payment any time up to 14 days after placing your order to use the Programme. We may ask you some questions to better understand why you wish to cancel your order. We will then issue you your refund (subject to paragraph 9.3). Your cancellation will only be valid if received via email by us to the notice email address detailed in paragraph 13.2 within the 14 day period.
12.2.Amritvela will not issue refunds for software compatibility issues.
12.3.If you want to terminate your legal relationship with Amritvela any time after 14 days after placing your order to use the Programme, you may do so by notifying Amritvela. Once we receive your notice we may ask you some questions to better understand why you wish to terminate the relationship. We will then close your Member Account and cease to send you any of the information, email or other content of the Programme that is available to Members only. You will not be entitled to any refund on any payment already received or due to Amritvela and you will continue to be liable for any outstanding payments due to Amritvela.
12.4.Amritvela may at any time, terminate its legal agreement with you if:
a)you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or unable to comply with the provisions of the Terms); or
b)Amritvela is required to do so by law; or
c)the provision of the Programme to you by Amritvela is, in Amritvela's opinion, no longer commercially viable.
12.5.Upon a termination under paragraph 12.5 we will cancel your membership of the Programme and close your Member account with and access to the Online Community without refund.
12.6.When these Terms terminate, all the legal rights, obligations and liabilities that you and Amritvela have benefited from, been subject to or which have accrued, or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 13.4 shall continue to apply to such rights, liabilities and obligations indefinitely.
13.OTHER GENERAL TERMS
13.1.The Terms constitute the entire agreement between you and Amritvela and govern your use of the Programme and completely replace any prior or contemporaneous agreements or communications between you and Amritvela in relation to the Programme.
13.3.If a provision of the Terms is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provisions of the Terms or in other jurisdictions of that or any other provision of the Agreement.
13.4.The Terms are governed by, and shall be construed in accordance with, English law. You agree to submit to the exclusive jurisdiction of the courts of England to settle any disputes in connection with the Terms. Notwithstanding this, you agree that Amritvela shall be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
13.5.You acknowledge and agree that each member of the group of companies of which Amritvela is a part of shall be third party beneficiaries to the Terms and shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on or right in favour of them. Other than this, no other person or company shall be a third party beneficiary to the Terms.
13.6.You agree that if Amritvela does not enforce any legal right or remedy either contained in the Terms or of which it has benefit under applicable law, this will not be taken to be a formal waiver of Amritvela's rights and that those rights and remedies will still be available to Amritvela.