We know it’s tempting to skip over these Terms of Service, but it’s important to establish what you can expect from us as you use our services, and what we expect from you.
This page refers to the terms and conditions on which we will supply to you the services (Services) listed on our website www.medicineforthesoulyoga.com (our site) via one of our subscription services. Please read these terms and conditions carefully before subscribing to one of our Services. You should understand that by subscribing to one of our Services, you agree to be bound by these terms and conditions.
1. YOUR STATUS
By subscribing to an online membership through our site, you warrant that:
1.1 you are legally capable of entering into binding contracts; and
1.2 you are at least 18 years old;
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 After completing signup, you will receive an e-mail from us acknowledging the reception of your subscription, via Stripe or PayPal. This e-mail confirms that your subscription has been accepted (Welcome Email). The contract between us (Contract) will only be formed when we send you the Welcome Email.
2.2 The subscription plan to our Services consist of an initial ‘Free Trial’ period followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial ‘Free Trial’ period as listed accordingly or by affiliated promo code and recurring payment feature. You accept responsibility for all recurring charges prior to cancellation. Medicine for the Soul may submit periodic charges (e.g., monthly or yearly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before Medicine for the Soul reasonably could act. To terminate your authorisation or change your payment method, log into your Account and manage your Subscriptions under the ‘Subscriptions’ tab in ‘My Account’. Medicine for the Soul may alter or cancel your subscriptions for you, however only with your written or verbal confirmation.
2.3 By subscribing to our Services you are agreeing to pay recurring periodic subscriptions for an indefinite time until cancelled by you, on the subscription terms set out in the application form you have completed. You can cancel your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
2.4 Account Cancellations. If you wish to cancel your monthly subscription with us, you must cancel before your next payment is due to be collected, in order to avoid being charged. Customers cancelling after their payment has been taken will receive access to our Services for the following period, until expiry.
3. PRIVATE FACEBOOK GROUP
3.1 Access to the closed Facebook group is limited to current subscribers. Once you have cancelled your subscription you will be removed from the closed Facebook group and any affiliated groups, regardless of the date the cancellation of the subscription has been made.
3.2 Medicine for the Soul reserves the right to monitor and remove any persons acting outside of the house rules within the closed Facebook group. This decisions will be made at our absolute discretion and will not be entered into further discussion.
3.3 Medicine for the Soul invites active members to join the Facebook group as soon as the subscription has been started, via email link. It is the customers responsibility to request to join the group. Medicine for the Soul will not be held responsible for any correspondence regarding this that is lost in transit. Membership of the closed Facebook group cannot be back dated.
4. PRICE AND PAYMENT
4.1 The price of the Services and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
4.2 Service prices do not include tax, which are compliant to the current sales tax rates by the State of New York, USA at 8.875%. We withhold the right to alter these tax rates within your subscription plan in accordance with any state sales tax amendments.
4.3 Service prices are liable to change at any time, but changes will not affect current or past subscriptions in respect of which you have previously authorized.
4.4 Payment for all Services are processed via Stripe or Paypal. We also accept all major debit and credit cards via Paypal.
5. OUR REFUNDS POLICY
5.1 We do not offer refunds at this time, unless, after examination by both parties that the Service is defective, either by technological capacity or default. Upon reception and analysis of supporting documentation (email correspondence, screenshots, and other supporting evidence) we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of said defective Service in full.
We warrant to you that any Service purchased from us through our site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
7. OUR LIABILITY
7.1 Subject to clause 7.2, if we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the Services.
7.2 Nothing in this agreement excludes or limits our liability for:
7.2.1 Death or personal injury caused by our negligence;
7.2.2 Fraud or fraudulent misrepresentation;
7.2.3 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
8. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with details regarding your account information For contractual purposes, 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.
All notices given by you to us must be given to Medicine for the Soul at email@example.com. We may give notice to you at the e-mail address you provide to us when signing up to a Subscription.
10. TRANSFER OF RIGHTS AND OBLIGATIONS
10.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
10.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
10.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
11.2 You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.
11.3 If you post comments on the Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
12.2.1 Strikes, lock-outs or other industrial action;
12.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
12.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
12.2.4 Impossibility of the use of public or private telecommunications networks; and
12.2.5 The acts, decrees, legislation, regulations or restrictions of any government.
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
13.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
13.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. ENTIRE AGREEMENT
15.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
15.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
15.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
15.4 Nothing in this clause limits or excludes any liability for fraud.
16. OUR RIGHT TO VARY THESE TERMS OF SERVICE
16.1 We have the right to revise and amend these terms of service from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
16.1 You will be subject to the policies and terms and conditions in force at the time that you subscribe with us, unless any change to those policies or these terms of service is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms of service before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms of service, unless you notify us to the contrary within fourteen working days of receipt by you of the Services).
17. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the State of New York.
I acknowledge that the activities and services provided by Medicine for the Soul, a sub-company of Thomas Sutherland, LLC, a limited liability company, (collectively, the “Company”), and all other persons acting in any capacity on behalf of the Company or retained by the Company (collectively, the “Services”), involve physical exercise and/or dietary modifications that can be strenuous and may cause bodily injury. I understand that there is an inherent risk of bodily injury when choosing to participate in any physical exercise, sport, wellness, nutritional and/or recreational activities, including the Services. My participation in the Services is a voluntary activity in all respects and I assume all risks of bodily injury and illness that may result from the Services.
In consideration of the Company, and all other persons acting in any capacity on behalf of the Company in providing the Services, along with the owner or owners of the premises in which the Services are provided, their respective insurers, heirs, personal representatives, successors and assigns, (collectively, the “Released Parties”), I hereby waive, to the fullest extent permitted by law and on behalf of myself, my children, my heirs, my assigns, personal representatives and all other persons acting on my behalf, the right to bring any suit, action or claim of any kind against any Released Party as a result of my participation in the Services and hereby release and discharge, to the fullest extent permitted by law and on behalf of myself, my children, my heirs, my assigns, personal representatives and all other persons acting on my behalf, the Released Parties, in any capacity, as follows: from any and all liability, claims and causes of action of any nature whatsoever arising from bodily injuries or illness (including emotional and psychological injuries or illness, and death), and damages (both economic and non-economic) or losses of any kind which I may have or which may accrue to me on account of my participation in the Services, regardless of whether such injuries result, in whole or in part, from the negligence of any Released Party.
I further agree to indemnify and hold harmless and defend the Released Parties from any and all liabilities, claims and causes of action of any nature whatsoever resulting from injuries or illness, damages (both economic and non-economic) or loss, including attorney fees, sustained by me arising out of or in connection with or in any way associated with my participation in the Services or resulting from my breach of any of the terms of this document.
I acknowledge that I have been advised to consult with my physician before I undertake any physical activity or nutritional or exercise program, including the Services. I certify that I am in good health and sufficient physical condition to participate in the Services. I further acknowledge that the Released Parties are neither responsible for nor liable for any loss of or theft of any personal property brought by me to or left by me at any Service provided by the Company and I hereby release the Released Parties from any liability for such loss or theft.
I acknowledge that none of the Released Parties has represented to me or provided me with any assurance of any kind that my participation in the Services will result in any particular physical, psychological or other outcome, such as weight loss, psychotherapeutic benefits or the ability to perform any sport or other physical activity.
I agree that I will not copy, photograph, broadcast, retransmit or otherwise record in any manner any portion of any Service or any written or other tangible materials used in connection with any Service and that my participation in the Services is solely for my own personal use and not for use by any other person or for any commercial purpose whatsoever.
I acknowledge that I have read and fully understand this Waiver of Liability and Release as set forth above and that I am signing it voluntarily with full knowledge of its contents.
If I am under 18, I represent that this waiver has been approved by one of my parents.
Collection of information about you
We collect non-personally identifiable information from you regarding your usage of our site (“non-personally identifiable information”). Non-personally identifiable information may include, without limitation, website pages viewed in our site, websites visited before coming to our site, browser type, operating system, web pages clicked, time spent viewing pages on our site, frequency of visits to our site, connection speed, and your date(s) and time(s) of visits to the site, and/or other information which does not specifically identify you. We collect this information using various technologies (some of which are described below). We may use analytics programs and service providers, which can use first party cookies to report on your interactions with the site.
We also collect information from you when you interact with the site in other ways, including but not limited to, registering for the services. For example, when you register for services on the site you will be voluntarily providing to us, through our vendor memberpress inc., your first and last name, email address and postal or physical address, which is information that enables us to identify you personally (“personally identifiable information”).
Please note that any personally identifiable information or content that you voluntarily disclose in any potentially public areas of our site becomes publicly available and can be viewed, collected, and/or used by other users of our site. You should therefore exercise caution before disclosing your personally identifiable information via these public venues.
If you purchase a service or a subscription to a service (each such transaction, a “purchase”), you must provide valid payment card information. This information is collected directly by our payment vendors and is not received or stored by Medicine for the Soul.
Use and/or disclosure of information about you
We may disclose your information to certain business partners for the purpose of providing the services or to send marketing emails to you. We may also use your information: (1) to market our other products and services to you and other visitors; (2) to conduct research and analyze data to improve our site, or services; (3) to deliver email messages, updates, newsletters, service announcements, or to respond to inquiries; (4) to monitor and prevent fraud, diagnose problems, and estimate demographic information; (5) to enable our vendors and contractors to provide and assist us in the marketing, operation, troubleshooting and analysis of our site and services; (6) to comply with and meet any legal or regulatory requirements; (7) to protect our site or its users; (8) to engage in any other lawful activities we believe are consistent with the foregoing; and (9) when required by law or to protect against legal liability.
We may provide or obtain any of the above services through third parties, which may necessitate sharing non-personally identifiable information or personally identifiable information with them.
We do not and will not sell any of your personally identifiable information to any third party for purposes of marketing, advertising, or soliciting. We may, however, have to disclose your information, including non-personally identifiable information or personally identifiable information, to other companies or entities in the event that our business may be sold or is sold to another company or entity. In that case, your information, including non-personally identifiable information or personally identifiable information, may be sold or transferred to such acquiring company or entity.
Amending your information / opt-out policy
If you need to review, amend, or delete any of your personally identifiable information that you may have submitted to us in any manner, we recommend that you send us an email at: firstname.lastname@example.org and we will make reasonable efforts to assist you and comply with your requests. Please note, however, that notwithstanding any such requests you may not be able to review or amend certain information about you or related to your submissions to the contest.
When you create an account, you may receive certain emails:
Transaction emails: when you first register with Medicine for the Soul, we may send you a welcome email that provides information about the services and your account. If you make a purchase, we may send you an email confirming your purchase. We may also, from time to time, send you other emails concerning your account status. You may not opt-out of receiving transactional emails.
Newsletters: we may send you newsletters and other emails about new or upcoming vimeo products, services, or offers. If you decide you no longer wish to receive these emails, you may opt-out as instructed in each email or in your account settings.
Emails from medicine for the soul yoga: when you make a purchase, you agree to receive emails from the medicine for the soul yoga. To opt out of emails sent directly by medicine for the soul yoga, please follow the opt-out instructions set forth in the emails.
The site is not intended for use by children, especially those under eighteen (18) years of age. No one under eighteen (18) years of age is allowed to use the site or services, provide any personal information or receive our email distributions. We do not knowingly solicit or collect personally identifiable information from children under the age of thirteen (13) or anyone under eighteen (18) years of age. If you believe that a minor has disclosed personally identifiable information to us, please report this to us immediately by emailing us at: email@example.com
Applicable law and jurisdiction
These Policies were last updated on December 20, 2020.