Terms of Service
“AWAKENING THE WORLD” E-TOUR PROGRAM PARTICIPANT AGREEMENT
NOTICE TO ALL USERS (also referred to as “Buyer”): READ THE FOLLOWING LEGAL AGREEMENT BEFORE USING nithyananda.ca and all its sub-domains, sub-sites and webpages (collectively, “WEBSITE”). BY BROWSING AND USING THIS WEBSITE, YOU INDICATE YOUR ASSENT AND AGREEMENT TO THESE TERMS. YOUR USE AND ACCESS TO THIS SITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (“TERMS”). IF YOU DO NOT AGREE TO EVERY TERM AND CONDITION OF THIS AGREEMENT, PLEASE DISCONNECT FROM AND DO NOT USE THIS SITE.
Nithyananda Meditation Academy (“NMA”) is not responsible for the acts or omissions of vendors, suppliers, other third parties or their subcontractors or their failure to provide services, adhere to their own schedules, or honor their contracts.
We have no special knowledge regarding foreign entry requirements, unsafe conditions: health hazards, weather hazards, supplier bankruptcies, or the suitabi1ity for disabled persons of any portion of your trip. For foreign entry requirements and State Department travel advisories, go to http://www.voyage.gc.ca/countries_pays/menu-eng.asp . For foreign health requirements and dangers, go tohttp://www.voyage.gc.ca/publications/well-way_bon-depart-eng . You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s). You hereby release us from any claims resulting in whole or in part from any problem covered in this paragraph and any other causes not within our control.
POWER OF ATTORNEY
You hereby appoint us to be your attorney-in-fact for the purpose of signing all documents necessary to purchase your Awakening the World Tour Program participation. You authorize your attorney-in-fact to sign credit card authorizations for said purchase whenever we receive an Internet booking request reasonably believed to be from you or someone acting on your behalf, requesting and authorizing a charge to your credit card account. You agree that you will pay for all such purchases and will not hold us responsible for any of our actions pursuant to this power of attorney.
USE OF PAYMENT PROCESSING SERVICE
Refund policy is generally guided by the following scenarios. NOTE: ALL REFUNDS ARE SUBJECT TO THE DISCRETION OF NMA AND ARE TREATED ON A CASE BY CASE BASIS.
|Scenario||Transfer Percentage||Refund Percentage|
|User requests refund before event day||100%||90%|
|User requests refund on or after event day||50%||50%|
Event Cancellation: Buyer will be notified by email (at the email address used to register for the event) about cancellation of the event. Buyer can then choose to request his refund as below.
When Buyer wishes to request a refund, Buyer has to make a request by email to firstname.lastname@example.org
These are the ways a Refund will be processed. Buyer can
a) Request to transfer all funds from registration of cancelled event to another event listed in the Website, subject to availability, in which case “Transfer Percentage” of funds will be applied towards registering for another event, based on above table. If there is any remainder (when price of new event is less than funds transferred), the buyer will be issued a refund to the amount of remainder, through the mode of payment determined by NMA.
b) Request funds to be returned to the account (credit card/debit card) associated with Buyer’s original mode of payment. “Refund Percentage” of funds will be returned to the buyer, based on above table.
The buyer may receive funds through his original mode of payment, 10 days after NMA receives such email requesting refund. The PPS may introduce further delays beyond the control of NMA
When you are using the Website, you understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Website. You agree not to use the Website to:
• commit any illegal act, knowingly or unknowingly, including but not limited to -
• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• harm minors in any way;
• facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize;
• impersonate any person or entity, including, but not limited to, an NMA representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
• upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
• upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to events listed on the Website and other goods and services being sold or provided in conjunction with such events;
• upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Website in a manner not permitted by this TOS or expressly authorized by NMA;
• interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
• intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (i) any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (ii) laws and regulations (foreign or domestic) regarding the sale or resale of tickets (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.);
• or stalk or otherwise harass any person or entity.
The Website may provide, or third parties may provide, links to other Internet websites or resources. Because NMA has no control over such websites and resources, you acknowledge and agree that NMA is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that NMA shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
This website is owned and operated by NMA and is protected by Canada copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the website is transferred to you. No material from the website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices appearing on such materials. You may not modify, or create derivative works based upon the website or materials contained therein, in whole or in part. The trademarks, service marks, trade names and logos on this website and third-party sites are the intellectual property, whether registered or unregistered, of NMA. NMA or the respective property owners reserve all rights not expressly licensed hereunder.
THE WEBSITE AND ALL ELEMENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NMA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT IT MAKES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NMA DOES NOT ENDORSE, WARRANT, OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF ANY OF THE INFORMATION, PROMOTIONS, AND ADVERTISEMENTS ON THIS SITE (OR SENT TO YOU VIA E-MAIL) PROVIDED BY, ACCESSED FROM, DOWNLOADED FROM, EXTRACTED FROM, OR OTHERWISE ORIGINATING FROM PERSONS, ENTITIES, OR OTHER THIRD-PARTIES, INCLUDING, WITHOUT LIMITATION, USERS, TRAVEL AUTHORS AND EXPERTS, THIRD-PARTY WEBSITES, DATABASES, TRAVEL AGENTS, VENDORS, AND MERCHANTS. YOU ACKNOWLEDGE AND AGREE THAT SUCH INFORMATION, PROMOTIONS, AND ADVERTISEMENTS MAY NOT BE ACCURATE, CORRECT, OR UP-TO-DATE. YOU (AND NOT NMA) ASSUME THE RISK THAT SUCH INFORMATION IS INCORRECT. NMA HAS NO RESPONSIBILITY TO (AND IS NOT LIABLE FOR FAILURE TO) CHECK THE ACCURACY THEREOF PRIOR TO MAKING SUCH THIRD-PARTY INFORMATION AVAILABLE TO YOU. NMA DOES NOT ENDORSE, WARRANT, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION OR MATERIAL OBTAINED BY YOU FROM THIRD-PARTIES, INCLUDING ANY STATEMENTS, OPINIONS, REPRESENTATIONS, WARRANTIES, OR RECOMMENDATIONS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NMA DOES NOT ENDORSE, WARRANT, OR MAKE ANY REPRESENTATIONS WITH RESPECT TO ANY OF THE PRODUCTS YOU MAY PURCHASE FROM A THIRD PARTY VENDOR OR WEBSITE THROUGH THE WEBSITE. THE FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
CORRECTION OF ERRORS
THE INFORMATION PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. NMA DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTIONS ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, AND GENERAL PRODUCT DESCRIPTIONS), MUCH OF WHICH INFORMATION IS PROVIDED BY OUR SUPPLIERS. IN ADDITION, NMA EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, SHALL NMA BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA, COMPUTER FAILURE OR MALFUNCTION, DISRUPTION OR CANCELLATION OF TRAVEL PLANS, OR ANY AND ALL OTHER DAMAGES OR LOSSES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS MAY NOT APPLY TO YOU.
Unless otherwise specified, the materials in the website are presented solely for the purpose of promoting NMA and its products and services for the Awakening the World Tour. The website is controlled by NMA from its offices within the Province of British Columbia, Canada. Any dispute related to this Agreement shall be governed by Ontario law without regard to conflict of laws principles. The courts in British Columbia shall be the exclusive forum for any lawsuit related to this Agreement, and you consent to the personal jurisdiction by said courts. If suit is brought to enforce any of the provisions of this Agreement, then the prevailing party shall be paid by the other party all of the prevailing party’s costs and expenses of prosecuting or defending the suit, including the reasonable attorneys’ fees, court costs and expenses of the prevailing party. You agree to present any claims against us within 30 days after the Program ends and to file within one year of the incident, and you acknowledge that this expressly limits the applicable statute of limitations to one year. You agree to grant us (and third parties with whom we may engage in joint marketing) a worldwide, royalty-free, fully paid up license to use your photographic, video, or digital likeness solely for our promotional and/or commercial purposes. Facsimile transmission of any signed document shall be deemed delivery of an original. At our request, you shall promptly provide an original document as well. If there are any conflicts between this Agreement, the reservation form, and the confirmation or itinerary, this Agreement shall apply.