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Terms and Conditions for the Sale of Services |
| You will be asked to expressly agree to these terms and conditions before ordering our Online Meditation Programme from this Site. Please read them carefully. If you do not agree to them, do not order the Online Meditation Programme from this site. In order to indicate your acceptance of these terms and conditions, you must click on the button marked “I Agree” at the end of the document. |
| Please note that you may only purchase the Online Meditation Programme from this site if you are over 18. |
| (1) |
Definitions and interpretation |
| In this Agreement “we” means Modern Meditation (and “us” and “our” shall be construed accordingly); and “you” means the relevant customer or potential customer as the case may be (and “your” shall be construed accordingly). |
| In this Agreement, the following definitions shall apply: |
| “Intellectual Property Rights” means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application or right of application), including copyright, moral rights, performers’ rights, performers’ moral rights, know-how, confidential information, trade secrets, business names and domain names, trade marks, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off; |
| “Order” means your order for the Online Meditation Programme made via the Site |
| “Products” means the Online Meditation Programme which may be purchased by you from the Site; |
| “Site” means the website at www.ModernMeditation.net or any successor site operated by us from time to time. |
| (2) |
This Agreement |
| The advertising of Products on the Site constitutes an “invitation to treat”; and your Order for the Online Meditation Programme constitutes a contractual offer. No contract comes into force between you and us unless and until we accept your Order. |
| NOTE PRIOR TO PURCHASE YOU WILL VIEW A COMPREHENSIVE LIST, WHICH OUTLINES THE CONTENT OF YOUR PURCHASE. |
| In order to enter into this Agreement with us, you will need to take the following steps: (i) To purchase the Online Meditation Programme you must first become a member (ii) Fill out all details as requested on the Member registration form after clicking the “Register” button you will be taken to a screen to check you details and confirm (iii) After confirmation, order validation and payment an email will be sent to you with your logon details (iv) this logon will allow you access to the Online Meditation Programme and all member facilities. |
| Please note that we will not file a copy of this Agreement. We may update the version of this Agreement on the Site from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of this Agreement for your records. |
| The only language in which we offer this Agreement is English. |
| (3) |
Contact |
| Our name is Modern Meditation Ltd. Our address is Modern Meditation Ltd, 3 Percy Street, London, W1T 1DE, email info@ModernMeditation.net |
| (4) |
The Product |
| The product consists of an online community and interactive video based programme teaching meditation as a stress relieving life-enhancing tool designed for modern living. The Modern Meditation teaching programme includes enough bandwidth for 25 hours high quality streamed video. First years membership is free when you purchase the Modern Meditation teaching programme. |
| (5) |
Price and payment |
| The prices on the Site include any value added or sales taxes (where applicable). Payment for the Online Meditation Programme must be made by Paypal or Secure Trading only. |
| (6) |
Refunds |
| The management reserves the right to refund payment for the Online Meditation Programme. Applications for a refund can only be made in writing citing the reason for refund. |
| (7) |
Warranties |
| We warrant to you that any Product you purchase through the Site will be of satisfactory quality. |
| You warrant to us that: you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement; you are legally capable of entering into binding contracts; you are at least 18 years old; the information provided in the Order is accurate; and you will be able to accept delivery of the Products as contemplated in this Agreement. |
| Subject to the warranties set out in above, to the maximum extent permitted by applicable law we disclaim all warranties with respect to the Product, whether express or implied. |
| (8) |
Limitations of liability |
| Nothing in this Agreement shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability. |
| Subject to this: (i) our liability in connection with any Product purchased through our site is strictly limited to the higher of the purchase ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control. |
| (9) |
General terms |
| We will treat all your personal information that we collect in connection with your Order in accordance with the terms of Privacy Policy, use of our website will be subject to these Website Terms and Conditions |
| This Agreement may only be varied by an instrument in writing signed by both you and us. We may revise these terms from time-to-time, but such revisions will not affect the terms of any Agreement which we have entered into with you. |
| If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted. |
| No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Agreement. |
| You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time – providing such action does not serve to reduce the guarantees benefiting you under this Agreement. |
| This Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement. |
| This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. |
| This Agreement will be governed by and interpreted in accordance with the laws of the UK and the English courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement. |
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Terms and Conditions for the Sale of Goods
|
| You will be asked to expressly agree to these terms and conditions before ordering Products from this Site. Please read them carefully. If you do not agree to them, do not order any Products from this site. In order to indicate your acceptance of these terms and conditions, you must click on the button marked |
| Please note that you may only purchase Products from this site if you are over 18 and resident in England or Wales. |
| (1) |
Definitions and interpretation |
| In this Agreement “we” means to Modern Meditation Ltd. (and “us” and “our” shall be construed accordingly); and “you” means the relevant customer or potential customer as the case may be (and “your” shall be construed accordingly). |
| In this Agreement, the following definitions shall apply: |
| “Agreement” means this agreement incorporating any terms set out in our Second Acknowledgement; |
| “First Acknowledgement” means the initial automatic email acknowledgment which we will send to you after receiving your Order. |
| “Intellectual Property Rights” means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application or right of application), including copyright, moral rights, performers’ rights, performers’ moral rights, know-how, confidential information, trade secrets, business names and domain names, trade marks, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off; |
| “Order” means your order for Products made via the Site; |
| “Products” means goods which may be purchased by you from the Site; |
| “Second Acknowledgement” means the email acknowledgment which we will send to you (where appropriate) confirming acceptance of your Order; and |
| “Site” means the website at www.ModernMeditation.net or any successor site operated by us from time to time. |
| (2) |
This Agreement |
| The advertising of Products on the Site constitutes an “invitation to treat”; and your Order for Products constitutes a contractual offer. No contract comes into force between you and us unless and until we accept your Order. |
| In order to enter into this Agreement with us, you will need to take the following steps: (i) you must add any the Products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer or a member, you must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery and confirm your Order and your consent to the terms of this Agreement; (iv) you will be transferred to the payment section, and Paypal or Secure Trading will handle your payment; (v) we will then send you the First Acknowledgment; and (vi) once we have checked whether we are able to meet your Order, we will either send you the Second Acknowledgement (at which point this Agreement will become a binding contract) or we will confirm by email that we are unable to meet your Order. |
| Please note that we will not file a copy of this Agreement. We may update the version of this Agreement on the Site from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of this Agreement for your records. |
| The only language in which we offer this Agreement is English. |
| Before you place your Order, you will have the opportunity of identifying whether you have made any input errors. These will be highlighted in red and you will have the chance of correcting prior to placing your order. |
| (3) |
About Modern Meditation |
| Modern Meditation is an intereractive video based programme teaching meditation as a stress relieving life enhancing tool designed for modern living. Our full name is Modern Meditation Ltd. Our address is Modern Meditation Ltd 3 Percy Street London W1T 1DE. |
| (4) |
Price and payment |
| Prices for Products are quoted on the Site. It is always possible that some of the Products listed on the Site may be incorrectly priced. We will verify prices as part of our sale procedures so that a Product's correct price will be stated in the Second Acknowledgement/when you pay for the Product. |
| In addition to the price of the Products, you will have to pay a delivery charge, which will be as stated in the Second Acknowledgement/when you pay for the Product. |
| Payment must be made by as set out in the Second Acknowledgement. We may withhold the Products and/or terminate this Agreement if the price is not received from you in full, on time, in cleared funds. |
| The prices on the Site include any value added or sales taxes (where applicable). |
| Payment for all Products must be made by Paypal or Secure Trading only. |
| Prices for Products are liable to change at any time, but changes will not affect Agreements which have come into force. |
| (5) |
Delivery |
| We will arrange for the Products to be delivered to the address for delivery indicated in your Order. |
| We will use reasonable endeavours to deliver Products on or before the date for delivery set out in our Second Acknowledgement or, if no date is set out in our Second Acknowledgement, within 10 days of the date of our Second Acknowledgement. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of Products will be dispatched within 30 days of the later of receipt of payment and the date of our Second Acknowledgement. |
| We will only deliver Products within England and Wales. |
| (6) |
Risk and title |
| The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the Products (including delivery charges). |
| (7) Consumer rights |
| You may cancel this Agreement at any time within 7 working days after the day you received the Second Acknowledgement (subject to the limitations set out below). |
| If you cancel this Agreement on this basis, you must inform us in writing and return the Products to us immediately, in the same condition in which you received them. Products returned by you within the 7 working day period referred to above will be refunded in full (including the cost of sending the Products to you). However, you will be responsible for paying the cost of returning the Product to us. |
| (8) |
Defective Products |
| You may also cancel this Agreement if the Products supplied are defective. |
| Products returned by you because of a defect will be refunded in full (including the cost of sending the Products to you, and the cost of returning the Products to us). Alternatively, if you agree, we may supply you with a replacement or substitute Product. |
| (9) |
Refunds |
| If you cancel this Agreement and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your notice of cancellation. |
| (10) |
Warranties |
| We warrant to you that any Product you purchase through the Site will be of satisfactory quality. |
| You warrant to us that: you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement; you are legally capable of entering into binding contracts; you are resident in the England or Wales; you are at least 18 years old; the information provided in the Order is accurate; and you will be able to accept delivery of the Products as contemplated in this Agreement. |
| Subject to the warranties set out in above, to the maximum extent permitted by applicable law we disclaim all warranties with respect to the Products, whether express or implied. |
| (11) |
Limitations of liability |
| Nothing in this Agreement shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability. |
| Subject to this: (i) our liability in connection with any Product purchased through our site is strictly limited to the higher of the purchase price of the relevant Product and the replacement cost of the relevant Product; (ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control. |
| (12) |
General terms |
| Images of Products on the Site are for illustrative purposes; actual Products may differ from such images. |
| We will treat all your personal information that we collect in connection with your Order in accordance with the terms of our Privacy Policy www.ModernMeditation.net/privatepolicy |
| This Agreement may only be varied by an instrument in writing signed by both you and us. We may revise these terms from time-to-time, but such revisions will not affect the terms of any Agreement which we have entered into with you. |
| If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted. |
| No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Agreement. |
| You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time – providing such action does not serve to reduce the guarantees benefiting you under this Agreement. |
| This Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who is not a party to this Agreement. |
| This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. |
| This Agreement will be governed by and interpreted in accordance with the laws of the UK and shall have exclusive jurisdiction with respect to any dispute arising under this Agreement. |
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