Terms & Conditions for Purchases |
|
Membership subscription Terms and Conditions
Introduction These terms and conditions apply if you choose to become a ‘Member’ of the Living Gracefully Club at www.thelivinggracefullyclub.com (‘The Website’), and set out the terms under which the subscription is available to you by the Living Gracefully Club (hereinafter known as “we” or “us”). (1) Your subscription Your subscription entitles you to access the Members Area of the website (hereinafter known as the ‘Members Area’) to read and/or download the weekly insights, to listen to and/or download the monthly audio meditations (available in mp3 format), and to post comments. You will be granted access to all new materials added to the Members Area from the calendar month of the commencement of your subscription. We will send you an e-mail each week to advise you when new content has been added. Your subscription is personal to you and non-transferable We may use third parties to assist in the provision and fulfilment of any part of the subscription service on our behalf, and we may pass your personal information provided by you to such third parties but only for the purposes of providing the subscription service to you. (2) Disclaimer and Self Responsibility The Living Gracefully Club website and all the materials provided are designed for seekers of spiritual wisdom through self-enquiry and self-responsibility. The content of the weekly insights are the personal reflections of Marion Howells, and the intention is to offer invitations for personal reflection and connection to your own inner wisdom. They are not designed to replace professional support and if after meditation and self-enquiry, unresolved and painful issues arise, it is recommended that you seek the guidance of your medical practitioner, qualified therapist or counsellor. It is also recommended that you do not listen to the audio meditations whilst driving or operating machinery, and that you only listen to them when you can safely relax. If you think you may be suffering from any medical condition you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information or products on this website. (3) Registration In order to subscribe to the Living Gracefully Club you are required to submit your first name, last name and e-mail address. You will then be required to generate your own username and password. You may not select as your username the name of another person with the intent to masquerade as that person, or use a username that we, in our sole discretion, deem inappropriate. You are responsible for maintaining the confidentiality of your password. You are solely responsible for any and all use of your account. You agree not to use the account, username, or password of another website member at any time, or to disclose your password to any third party. You agree to notify us immediately by emailing admin@thelivinggracefullyclub.com if you suspect any unauthorised use of your account or access to your password. Your username and password are personal to you and must not be transferred or shared. Your username and password may only be used to access the Members Area from one device at a time. You are entitled to use and access the Members Area in accordance with this Agreement and other terms and conditions applicable to this website, until your subscription is terminated by either party in accordance with the applicable terms and conditions. (4) Availability We reserve the right to withdraw or change the subscription package and/or price at any time. This will not affect any subscription that you have already paid for. (5) Payment You can pay for your subscription via PayPal using a credit or debit card. Your subscription commences when we send you confirmation of your payment and registration details. By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorised to purchase the subscription and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorised to use such. All card payments and card holder details may be subject to validation checks by us and the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order. Should there be a problem with your payment we will contact you to discuss the next steps. Your Subscription will automatically renew every month until cancelled or until it is terminated by either party in accordance with the applicable terms and conditions. If you wish to cancel your subscription, you may do so at any time by making the necessary arrangements with your bank, credit or debit card company, or with PayPal. Please notify us at admin@thelivinggracefullyclub.com of the cancellation at the same time. Your subscription will then end on the date your next payment would have been due. We regret that we cannot refund payment unless we are unable to fulfil your subscription (see section 5) (6) Our responsibility to you We shall not be responsible for any failure by us to perform our obligations to you in relation to your subscription where this failure is caused by circumstances beyond our control. In any event, our liability to you in connection with your subscription will not exceed the total subscription fees charged for your current subscription in any given period (month or year). (7) Non-commercial Use The Members Area is for the personal use of Members only and may not be used in connection with any commercial endeavours except where and to the extent specifically endorsed or approved by us. (8) Content posted We may delete, or in pre-moderated areas of the Members Area, refrain from posting any content that in our opinion may be offensive, illegal or violate the rights of any person or which may harm, or threaten the safety of any person. However, we assume no responsibility for monitoring the Members Area for inappropriate content or conduct. You are solely responsible for the content that you post on or through the Members Area, and any material or information that you transmit to other users and for your interactions with other users. We make no warranties, express or implied, as to the accuracy and reliability of the content or any material or information that you transmit. You are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes and other interactions between you and other Members through the website. (9) Content/Activity Prohibited The following is a partial list of the type of content that is illegal or prohibited to post on or through the Members Area. We reserve the right to investigate any incident that, in our sole opinion, violates this provision. This may include, without limitation, removing the offending communication from the Members Area, preventing access to the Members Area, and/or terminating without any refund of subscription or registration fees, the Membership of the violator of this agreement: Prohibited content or activity includes, but is not limited to, content or activity that, in the opinion of us: is offensive, harasses or advocates harassment of another person or group of people; provides any telephone numbers, street addresses, last names, email addresses or other contact or identifying details of any private individual or public figure; promotes information that you know or have reason to believe is false or misleading; promotes an illegal or unauthorised copy of another person’s copyrighted work; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible pages; The following is a partial list of the kind of activity that is illegal or prohibited to post on or through the Members Area. We reserve the right to investigate any incident that, in our sole opinion, violates this provision. This may include, without limitation, preventing access to the Members Area, and/or terminating without any refund of subscription or registration fees, the Membership of the violator of this agreement, and reporting such person to law enforcement authorities. Prohibited activity includes, but is not limited to: fraud, posting obscene material, harassment, spamming, spimming, sending of viruses or other harmful files, copyright infringement, trade mark infringement; using any information obtained from the Members Area in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; any automated use of the system, such as using scripts to perform automated operations; interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website; using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account. (10) General We intend to rely on the written terms set out in these terms and conditions for the subscription service that we provide to you. We may update these terms and conditions from time to time for legal or regulatory reasons or to allow the proper operation of our subscription service. Any changes will be notified to you so that you can choose whether or not to cancel your Membership. The changes will apply to your subscription from your next payment date after we notify you of such changes. If you do not wish to accept the new terms and conditions you should not continue to subscribe as this will indicate your agreement to be bound by the new terms and conditions. These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts. If you have any questions about our subscription service, please contact us at admin@thelivinggracefullyclub.com, or by post c/o 11 Delaporte Close, Epsom, Surrey, England, KT174AF. Digital (downloadable) products terms and conditions of sale
Introduction These Digital Product terms and conditions of sale (together with any relevant documents referred to in them – including the Website use Terms and Conditions) set out the terms on which we supply any of the following products via our site to you: Digital downloads of audio products to your computer or mobile device; Digital downloads of written materials to your computer or mobile device (both hereinafter referred to as the “Digital Products”) (1) Agreement Each time you purchase Digital Products through this site you will be required to click the “I Agree” button before you can complete your order. By clicking the “I Agree” button you are accepting these terms and conditions of sale and if relevant any product specific terms. Please read these terms and conditions carefully before ordering any of the Digital Products from this site. If you have any queries on these terms please contact us at admin@thelivinggracefullyclub.com before placing any order. By placing an order for Digital Products you agree that we may store, process and use personal data collected from you for the purposes of processing/fulfilling your order. We work with third parties that help us provide the Digital Products to you including card payment and collection companies and they will also have access to your personal data to the extent necessary to help us process/fulfil your order. For further information about how we may store, process and use your personal data please refer to our Privacy Policy. (2) Disclaimer and Self Responsibility The Living Gracefully Club website and all the materials provided are designed for seekers of spiritual wisdom through self-enquiry and self-responsibility. The content of the weekly insights are the personal reflections of Marion Howells, and the intention is to offer invitations for personal reflection and connection to your own inner wisdom. They are not designed to replace professional support and if after meditation and self-enquiry, unresolved and painful issues arise, it is recommended that you seek the guidance of your medical practitioner, qualified therapist or counsellor. It is also recommended that you do not listen to the audio meditations whilst driving or operating machinery, and that you only listen to them when you can safely relax. If you think you may be suffering from any medical condition you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information or products on this website. (3) Digital Products We provide the digital service on this site which allows you to purchase permanent downloads of Digital Products. All Digital Products available through this site are copyright Marion Howells and the Living Gracefully Club. Upon payment of the price of the Digital Product we grant you a non exclusive, non-transferable licence to use the Digital Product for your own personal, non-commercial use in accordance with these terms of sale. You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer any Digital Products available through this site. You are responsible for ensuring that you do not lose, destroy, or damage any Digital Product you purchase through this site. We shall not be obliged to replace any Digital Product in the event of any loss, destruction, or damage not caused by our negligence. (4) Requirements to access the digital product services In order to download Digital Products you will need:
(5) Placing an order After you have placed an order for a Digital Product through our site, you will receive an e-mail from us setting out the details of your order and providing a secure download link. The secure link will be available for 24 hours form the time of purchase, after which it will become void for security reasons. You agree that you will not distribute, transmit, assign, sell, broadcast, rent, share, lend, sub-license or transfer any secure link to any Digital Product available through this site. (6) Availability and delivery All Digital Products featured on our site are subject to availability. We reserve the right to change or remove a Digital Product or other content on the site at any time without notice or liability to you. We update our site regularly to avoid causing disappointment but it can take time to update our site and we cannot guarantee that any particular Digital Product will be available at a particular time. We shall determine in our discretion from time to time whether and which Digital Products are to be made available free of charge, on payment by you of the relevant price, or in return for some other consideration (for example in return for joining our mailing list). Payment for all Digital Products must be by credit or debit card, or via Paypal.By providing the details of a credit or debit card to be billed or payment account to be debited for payment of the price due, you confirm that you are authorised to purchase the Digital Products and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorised to use such. All card payments and card holder details may be subject to validation checks by us and the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order. Should there be a problem with your payment we will contact you to discuss the next steps. (7) Cancellations and returns Cancellation of an order for a permanent download of a Digital Product You may not cancel an order by you for any permanent download of a Digital Product once it has been made available for download by you. Each purchase of a permanent download shall be deemed a final, non-exchangeable, non-refundable sale. In the unlikely event of faults with, or damage to, the Digital Products or if you have received an incorrect or incomplete Digital Product please contact us at admin@thelivinggracefullyclub.com. We will replace any such faulty or damaged Digital Product if possible or if there are continuing issues with the Digital Product we may issue a refund. You must notify us within a reasonable period of time of download of the Digital Product. If you fail to notify us within a reasonable time, we will have no liability to you. (8) Our liability to you We warrant to you that any Digital Product purchased from us through our site is of satisfactory quality and reasonably fit for the purpose for which products of the same kind are commonly supplied. We do not make any other promises or warranties about the Digital Products. You agree that use of this site to access or purchase Digital Products is at your sole risk. If you or we are in breach of the contract for the Digital Product, neither of us will be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the breach. Our liability for losses you suffer as a result of us breaking a contract for a Digital Product(s) is strictly limited to the purchase price of the relevant Digital Product(s) affected. (9) Events outside our control We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract for a Digital Product that is caused by events outside our reasonable control, ie any act, event, non-happening, omission or accident beyond our reasonable control, including in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. (10) General We intend to rely on the written terms set out in these terms and conditions for the sale of Digital Products. We may update these terms and conditions from time to time for legal or regulatory reasons or to allow the proper operation of our Digital Product delivery service. These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts. If you have any questions about our Digital Products, please contact us at admin@thelivinggracefullyclub.com, or by post c/o 11 Delaporte Close, Epsom, Surrey, England, KT174AF. |