TERMS & CONDITIONS

Effective Date:  September 20th, 2020

WELCOME TO INSTILL MEDITATION (THE  "SITE").

Instill Meditation Canada (“Instill”) provides the content and services available on the Site to you subject to the following terms and conditions, our Privacy Policy, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, "Terms and Conditions"). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.  

1.    PRIVACY POLICY

Please review our Privacy Policy for details about our personal information practices.

2.    MEMBERSHIP PURCHASES AND FUNCTIONALITY

To purchase a membership in the Site, you must be over the age of majority in your jurisdiction of residence, be a recognized teacher of Vedic meditation and be invited to purchase a membership by a current member of the Site.  By proceeding to purchase a membership and accepting these Terms and Conditions, you agree to be bound by these Terms and Conditions as well as the Privacy Policy.

Prices

The prices displayed on the Site are shown in United States dollars. In the event that an item is listed at an incorrect price or with incorrect information, Instill shall have the right, at its sole discretion, to refuse or cancel or refund any payments made for that membership. If a membership is incorrectly priced and Instill elects to refuse or cancel your order, we will notify you of such refusal or cancellation.

Payment

All payments for memberships are managed through Stripe Payments Canada, Ltd. (“Stripe”, “us”, or “we”). The users acknowledge that Stripe accepts most major credit cards, and also accepts debit cards or Apple Pay (™) depending on the purchaser’s jurisdiction. Stripe manages all receipts for purchases made on the Site. If your payment method cannot be validated or processed, Instill has no obligation to list you as a practicing Vedic teacher on the Site.

Final Sale

All memberships are final sale. If you wish to adjust your membership payment schedule from yearly to monthly you will be credited with the unused time and the monthly membership will pick up at the end of the pre-paid yearly schedule.

Cancellation of Membership

If you choose to cancel your active subscription your membership will be downgraded as soon as the subscription change is processed. You will retain access to your complete profile and account, however your profile, events, and user-specific locations will no longer be discoverable on the directory.

3.    ACCURACY OF INFORMATION

Beyond the checks and balances in place to verify teachers through reference alone, the Site and Instill provide no guarantee, nor make no assurance that the information independently provided by teachers is accurate. Purchasers of memberships on the Site hereby acknowledge that all information they provide to the Site for public consumption, including but not limited to their name, age, qualifications, citizenship as well as their intended meditation related courses, training and prices as advertised on the site.

4.    INTELLECTUAL PROPERTY

All content and information available on the Site, including but not limited to the “look and feel”, trademarks, photos, designs and text (inclusively, the “Content”), is the sole property of Instill, subject to Canadian and international laws and rights regarding the ownership of such Content. Instill additionally hold a worldwide and irrevocable right to use and keep all such Content in their sole ownership. All such Content is not to be used in any manner, for any purpose, or by any party excluding Instill without the express written consent of Instill. Unacceptable use of the Content includes unauthorized use, reproduction, duplication, copying, selling, reselling, accessing, modifying, or otherwise exploiting, in whole or in part, any of the Content without the express written consent of Instill.

5.    LIMITED LICENSES TO PUBLIC USERS AND MEMBERSHIP USERS

We grant public users and membership users a limited, revocable, and non-exclusive license to access and make personal, non-commercial use of the Site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.

We also grant public users and membership users a limited, revocable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

6.    MEMBERS OBLIGATIONS AND RESPONSIBILITIES

In the access or use of the Site, public and membership users shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. Public and membership users shall act always in accordance with the law, custom and in good faith. Public and membership users may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Instill, our affiliates, partners or licensors.

7.    YOUR ACCOUNT

You may choose to register at our Site if you are over the age of majority in your jurisdiction of residence. Do not register if you are not over the age of majority in your jurisdiction of residence.  If you are over the age of majority in your jurisdiction and do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.

Except as may be prohibited by Alberta law, we reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in Instill s best interests to do so.

8.    THIRD PARTY LINKS

We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

9.    REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY

Notwithstanding any representations or warranties made in these Terms and Conditions and the Privacy Policy, Instill makes no representations or warranties whatsoever, whether express or implied, as to these terms and conditions, the use of our site, the collection and display of teacher data, nor any other potential use of the site.

Instill makes no representations or warranties as to the accuracy of the information provided by the individual teachers on the site. Similarly, Instill makes no representations or warranties to the teachers as to the access to the public that they are being exposed to as members of the site.

The laws of Alberta do not allow the exclusion or limitation of warranties, limitations of liability or certain damages. if these laws apply to you, some or all of the below exclusions or limitations may not apply to you and you may have additional rights.

The site is presented "as is." we make no representations, warranties or conditions of any kind whatsoever, express, implied or collateral, in connection with these terms and conditions, the products or the site, including but not limited to warranties and conditions of merchantability, non-infringement or fitness for a particular or general purpose, except to the extent such representations, warranties and conditions are not legally excludable.

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use or misuse of the site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond our reasonable control.

Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, consequential damages of any kind, damages for lost profits, revenue or opportunity or for business interruption  related to the site or your use thereof (or inability to use the site) regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred united states dollars (usd $100.00) or its equivalent in canadian dollars.

You agree that no claims or action arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than one year after the cause of action relating to such claim or action arose unless otherwise permitted under applicable statute of limitations.

10.    INDEMNIFICATION

You agree to defend, indemnify and hold Instill, our affiliates, officers, employees, agents and licensors harmless for any loss, damages, claims, fines, penalties or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your (or anyone acting under your password and user name) use of the Site, any Content made available on the Site or breach of these Terms and Conditions. You also agree to indemnify Instill for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

11.    DISPUTES

With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the Province of Alberta, and the federal laws of Canada applicable therein, as if the Terms and Conditions were a contract wholly entered into and wholly performed within the Province of Alberta.

12.    CONSENT TO RECEIVE NOTICES OR NEWSLETTERS FROM THE SITE

Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms and Conditions or to the services offered by the Site, by posting notices or links to such notices on the Site itself.  If you have any questions or comments regarding these Terms and Conditions please contact us at [email protected].

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications.  Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

13. WHOLE AGREEMENT

You acknowledge and agree that these Terms and Conditions and any and all other legal notices or statements posted on the Site constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

14. UNILATERAL RIGHT TO ALTER TERMS

We reserve the right, in our sole discretion, to change or modify all or part of these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. We also reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.

15. NO EMPLOYMENT OR PARTNERSHIP

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between public users or paying members and Instill.

16. SEVERABILITY

In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified by severing the invalid or unenforceable term. The rest of the agreement shall remain in full effect.

 

If you have any questions regarding these Terms and Conditions, please email us at [email protected].