TERMS AND CONDITIONS
Budhana CC, doing business as Sanity Sessions, and their members, officers, directors, trustees, members, employees, independent contractors, instructors/teachers, licensees, licensors, subcontractors, representatives, consultants, advisors, attorneys and agents, suppliers, distributors, subsidiaries and affiliates, individually and collectively, and any related individuals or entities (collectively, “Sanity Sessions,” also referred to herein as “we,” “us” and “our”) provides online services and other products and features to you when you: (a) visit and other websites or software which may be created by us in the future, associated widgets, mobile applications and other distribution platforms operated by Sanity Sessions (the “Site”); and (b) use Sanity Sessions services or products(collectively, “Services”).
1. This is a legal agreement.
These Terms are a legal agreement between you and Sanity Sessions and contain important information regarding your legal rights, remedies and obligations. By Your Use of the Site and Services, you: (a) acknowledge you have read, understand, and agree to be bound by these Terms; (b) agree to comply with all applicable laws, rules and regulations with respect to Your Use of the Site and Services; and (c) represent you are an adult at least eighteen (18) years of age and have the legal capacity to enter into contracts in the jurisdiction where you reside.
2. No children are permitted to use our Site and Services.
This Site and these Services are not directed toward children under 13 years of age, nor do we knowingly collect information about children under 13. If you are under 13 years of age, you are not permitted to submit any personally identifiable information to us. If we find out you are under the age of 13 years of age, we will immediately upon notice cancel your account. If you wish to report an account created for a minor, please contact us at email@example.com.
3. Please obtain your physician’s permission before beginning any movement programme.
You understand that physical movement can expose you to the risk of injury. We urge you to obtain a physical examination from a doctor before participating in any movement activity as part of our Site and Services. You voluntarily accept and assume any and all risks, known or unknown, associated with Your Use of the Site and our Services including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by us.
5. Our intellectual property rights.
Sanity Sessions is the exclusive owner or licensee of all the content and materials on the Site and in the Services (the “Content,” as defined in this paragraph), and of all related intellectual property rights therein, including, but not limited to, all copyrights, moral rights, trademark and patent rights (the “IP”), except as to those rights which have been granted by IP holders. Our Content includes, but is not limited to, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, logos, text, audio, videos, domain names, downloadable materials, look-and-feel, design, layout, organisation, presentation, user interface, navigation, stylistic convention and other distinctive brand features of the Site and Services.
All trademarks, trade names, copyrights, logos and service-marks (collectively, the “Marks”) related to our IP are our exclusive property. Unauthorised use of any of the Marks or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user's connection or association with us, or our approval or sponsorship of the user’s products or services, or that is likely to dilute any of our Marks is strictly prohibited. All third party IP that appears in or on the Site and Services is the property of their respective owners.
You may not use, reproduce, copy, modify, edit, distribute, transmit, adapt, reformat, create works from, display, perform, publish, license, sell or otherwise exploit, through any means or media, any of our IP or Marks or any of the Site’s Content or Services.
6. No sharing of paid services.
You agree that you will not share paid-for content or services with anyone else.
7. Normal carrier rates apply.
If you use the Site over any cellular/mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will apply.
8. Third party websites and services.
You expressly release us from any and all liability arising from your use of any third party website, service or content. Your dealings with or participation in promotions of advertisers found on those third party websites, including payment or delivery of goods, and any other terms are solely between you and those advertisers. You specifically agree that we are not responsible for any loss or damage of any sort resulting or arising from your dealings with those third party websites and/or their advertisers.
ADVICE RECEIVED VIA THE SITE AND SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
10. Limitation of liability.
In no event, including its own negligence, shall Sanity Sessions (Budhana CC) be liable for any damages in excess of the price paid for the Services or products you have ordered, that result from your use of or inability to use or access the Site, or the Services or products, even if resulting from your reliance on information in our Site’s or Service’s content or from mistakes, omissions, service interruptions, the deletion, degradation, or corruption of files or email, software errors or defects, viruses, delays in operation or transmission, communication failure, theft, destruction, or unauthorised access to Sanity Sessions records and data, programs, or Services.
Neither Sanity Sessions nor its suppliers shall be liable for any indirect, incidental, special, or consequential damages arising from your use of our Site, or the purchase of our Services or products, or from any information, content, materials, products, or other services made available to you through our Site and Services, even if any of them have been advised of the possibility of such damages.
BY AGREEING TO AND ACCEPTING THESE TERMS, YOU HEREBY IRREVOCABLY RELEASE SANITY SESSIONS (AS DEFINED ABOVE) FROM LIABILITY OF ANY KIND, AND FOR ANY CONSEQUENCE(S) ARISING FROM THE USE OF THE SITE AND SERVICES. THIS INVOLVES ANY AND ALL LOSSES, INCLUDING BUT NOT LIMITED TO, MEDICAL EXPENSES, PROPERTY DAMAGE, LOSS OF PROFIT, DAMAGE TO REPUTATION, FEES, ACTUAL LEGAL FEES AND COSTS, EXPENSES OR ANY DAMAGE, WHETHER DIRECT OR INDIRECT, WHETHER FINANCIAL OR NON-FINANCIAL.
We administer, control and operate the Site and Services from our registered business address in South Africa. The Site and Services are accessible world-wide. However, some of the features or functions may not be available or appropriate for use outside of South Africa and/or may not be available to all persons or in all geographic locations. We make no representation that the Site or our Content and Services are appropriate or authorised for use in all countries, states, provinces, counties, localities or any other jurisdictions.
We do not represent that our Site and Services are governed by or operated in accordance with the laws of other nations or countries. Your Use of the Site and Services may not be legal in your jurisdiction. Therefore, Your Use of the Site and Services is on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Site and Services to any person and/or geographic area. Any offer for any feature or function made on the Site or in the Services is void where prohibited.
The Site and Services provide information of a general nature only. You are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any individual may take based on any information or guidance provided at the Site or in the Services.
Our failure to enforce any rights or provisions of these Terms shall not be deemed a waiver or relinquishment of such rights or provisions. Any waiver of any right or provision of these Terms must be in writing to be effective.
If any part of these Terms is determined to be invalid or unenforceable under applicable law, including the warranty disclaimers and liability limitations stated elsewhere herein, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full force and effect.
14. Modifications to these Terms and other policies/guidelines.
We reserve the right to modify these Terms and/or any other guidelines or policies affecting the Site at any time, and may do so from time to time. Such revisions will become effective upon the earlier of: (i) posting of the revisions to the Site, or (ii) distribution of the revisions by any written contact method we have with you, including by email. For this reason, please visit this page on a regular basis and check the “Last Updated” date at the top of these Terms to ensure you are familiar with the most recent version of these Terms. Your Use of the Site after the effective date of the revisions signifies your acceptance of any such revisions. If you do not agree, you must stop using the Site immediately.
We may terminate these Terms for any or no reason at any time by notifying you through a notice on the Site, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defences hereunder. Upon termination, you will no longer have a right to access your Account or your Submissions. We will not have any obligation to assist you in migrating your data or your Submissions and we may not keep any back up of any of your Submissions. We will not be responsible for deleting your Submissions. All provisions of this Agreement that by their nature shall survive termination shall indeed survive termination, including but not limited to: “Our Intellectual Property Rights,” “Your Permission to Use Our Site,” “Disclaimers/Warranties,” “Limitation of Liability,” “Indemnity,” “Released Parties,” and “Disputes and Dispute Resolution.” Termination of your access to and use of our Site shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to us or any third party.
16. Disputes and dispute resolution.
16.1 Arbitration and class action waiver.
The parties agree to submit any disputes or difference between them arising out of this contract to conciliation and arbitration as provided by the UNCITRAL Arbitration Rules in respect of which the Arbitration Foundation of Southern Africa will act as the appointing authority.
Any dispute arising from or in connection with this Contract shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation.
You also agree than you and we are each waiving the right to a trial or to participate in a class action. This arbitration provision shall survive termination of these Terms.
If any court of competent jurisdiction finds the arbitration and/or class action waiver provisions in these Terms invalid or inapplicable, you irrevocably submit to the exclusive jurisdiction of, and venue in, the state and provincial courts in Cape Town, South Africa and the related appellate courts, in any related action or proceeding and agree to not raise any claims as to Cape Town and the Republic of South Africa being an inconvenient forum.
16.3 Governing laws.
You agree that the laws of the Republic of South Africa, without regard to any principles of conflicts of laws, will govern these Terms, Your Use of the Site and Services, and all matters relating to your access to, and/or use of, the Site and Services, including all disputes between you and us. You also agree that: (i) the Site and Services shall be deemed solely based in the Republic of South Africa; and (ii) the Site and Services shall be a passive site and service that does not give rise to personal jurisdiction over us, either specific or general, in any jurisdiction other than the Republic of South Africa.
16.4. Statute of limitations.
17. Electronic communications.
When you visit our Site, place an order for Services, or send us an email, you are communicating with us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, whether by email or posting them on this Site, satisfy any legal requirement that such communication be in writing.
18. Binding, entire agreement.
These Terms create a binding agreement between us, without the need for signature of either side.
If you have any questions about these terms or the site or service, please contact us at firstname.lastname@example.org