SHIVA SIDDHANANDA TERMS OF PURCHASE
BY PURCHASING THIS COURSE, EDUCATION PROGRAMS, HEALING, WORKSHOPS OR OTHER SERVICES FROM SHIVA SIDDHANANDA YOU (HEREIN REFERRED TO AS “CUSTOMER”) AGREE TO THE FOLLOWING TERMS STATED HEREIN.
Service with Shiva Siddhananda
Shiva Siddhananda (herein referred to as “Company”) agrees to provide his Service (herein referred to as “Service”). Customer agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in his Service.
Shivas Service is offered on an “as is,” “where is,” and “where available” basis, with no warranty of any kind — whether express, implied, or statutory — including, but not limited to, warranties of title or the implied warranties of merchantability or fitness for a particular purpose. This does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
You understand that Shiva Siddhananda is not a doctor, therapist, registered dietician, coach, financial analyst, psychotherapist or a registered medical professional. You understand your purchase of his service will not treat or diagnose any disease, illness, or ailment and if you should experience any such issues you should see your registered physician or other practitioner as determined by your own judgment.
You understand that Shiva Siddhanandas service is not a substitute for health care, medical or nutritional advice of any kind. You understand and agree that you are fully responsible for your mental well-being, mental, and physical choices and decisions during and after the use of Shiva Siddhanandas service.
You understand that Shiva Siddhananda does not offer any representations, warranties, or guarantees, verbally or in writing, regarding any results of any kind.
Except as specifically provided in this agreement or where the law requires a different standard, you agree that Shiva Siddhananda is not responsible for any loss, death, illness, property damage, or bodily injury, caused by your use of his service and you expressly waive, discharge, release all liability and hold Shiva Siddhananda harmless of all such claims. To the maximum extent permissible under applicable law, Shiva Siddhananda will not be responsible to you or any third party claims through by you for any direct, indirect, special or consequential, economic or other damages arising in any way out your purchase and use of his service.
Except as specifically provided in this agreement or where the law requires a different standard, you agree that Shiva Siddhananda is not responsible for any loss, property damage, or bodily injury, caused by use of Shiva Siddhanandas service. To the maximum extent permissible under applicable law, Shiva Siddhananda will not be responsible to Customer or any third party claims through Customer for any direct, indirect, special or consequential, economic or other damages arising in any way out use of his service.
Shiva Siddhanandas service shall include:
as stated between the two parties or in the instruction of Shiva Siddhanandas service.
Customer elects to pay the full fee for Shiva Siddhanandas service as listed in the shopping cart, or asagreed between the customer & Shiva Siddhananda.
Method of Payment
Customer authorizes Shiva Siddhananda to charge Customer’s credit card, Swish, Paypal or bank transfer for the purchase.
Customer understands fees for Shiva Siddhanandas services are non-refundable. If the customer started a service then its non-refundable. If the customer becomes very ill, or there is a death or any other life changing event in the life of the customer. Shiva Siddhananda will off course be human and see whats possible to do between the both parties. Customer needs to understand that Shiva Siddhananda does his service for a living and he is not a bic-tech company. He organizes his life around being at service for others and this need to be respected by customer before enrolling any service with Shiva Siddhananda.
Communication with Shiva Siddhananda
For questions regarding Shiva Siddhanandas service, please email: firstname.lastname@example.org as it is the exclusive Customer email address. Shiva Siddhananda or a representative will answer your questions regularly during non-holiday and vacation weeks. Customer understands that email sent on a weekend or holiday may receive a response on the following business day.
Shiva Siddhananda respects Customer’s privacy and insists that Customer respects Shiva Siddhanandas’s. Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by any representative of Shiva Siddhananda is confidential, proprietary, and belongs solely and exclusively to the Party who discloses it. Both Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, calls or otherwise.
Customer agrees not to use such confidential information in any manner other than in discussion with Shiva Siddhananda during the time frame of the service agreed on. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
Further, Customer agrees that if they violate or display any likelihood of violating this section Shiva Siddhanda will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Non-Disclosure of Materials
Material given to Customer in Shiva Siddhanandas service of Customer’s work with the Shiva Siddhananda is proprietary, copyrighted and developed specifically for Shiva Siddhananda. Customer agrees that such proprietary material is solely for Shiva Siddhananda’s own personal use. Any disclosure to a third party is strictly prohibited.
No Transfer of Intellectual Property
Shiva Siddhanandas service is copyrighted and the original materials that have been provided to Customer are for Customer’s individual use only and a single-user license. Customer is not authorized to use any of Shiva Siddhanandas intellectual property for Customer’s business purposes. All intellectual property, including Shiva Siddhanandas copyrighted Service/or course materials, shall remain the sole property of Shiva Siddhananda. No license to sell or distribute Shiva Siddhanandas materials is granted or implied.
Customer agrees that if Customer violates, or displays any likelihood of violating, any of Customer’s agreements contained in this paragraph, the Shiva Siddhananda will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Customer accepts and agrees that Customer is fully responsible for their progress and results from Shiva Siddhanandas service. Shiva Siddhananda makes no representations, warranties or guarantees verbally or in writing regarding Customer’s performance. Customer understands that because of the nature of Shiva Siddhandas service and extent, the results experienced by each customer may significantly vary. Customer acknowledges there is no guarantee that Customer will reach their goals as a result of participation in Shiva Siddhanandas service.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
A) Limitation of Liability. Customer agrees they used Shiva Siddhanandas services at their own risk and that Shiva Siddhanandas service is only an educational service being provided. Customer releases Shiva Siddhananda, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Customer accepts any and all risks, foreseeable or unforeseeable.
Customer agrees that Shiva Siddhananda will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Shiva Siddhanandas services or enrollment in Shiva Siddhanandas service. Customer knowingly, voluntarily, and expressly, waives any claim for damages including but not limited to; injury or death Customer may sustain as a result of participating in Shiva Siddhandas service.
Customer further declares and represents that no promise, inducement or agreement not herein expressed has been made to Customer to enter into this release. The release made pursuant to this paragraph shall bind Customer’s heirs, executors, personal representatives, successors, assigns, and agents.
B) Non-Disparagement. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, each other or any of Shiva Siddhanandas service, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
C) Assignment. This Agreement may not be assigned by the Customer, without express written consent of Shiva Siddhananda. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
D) Termination. Shiva Siddhananda is committed to providing all customers that enroll in any service with a positive experience. Customer agrees that Shiva Siddhananda may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Customer’s access to Shiva Siddhanandas service without refund or forgiveness of monthly payments if Customer become disruptive to Shiva Siddhananda, difficult to work with or upon violation of the terms as determined by Shiva Siddhananda. Customer will still be liable to pay the total contract amount.
E) Indemnification. Customer shall defend, indemnify, and hold harmless Shiva Siddhananda, Shiva Siddhanandas officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of Shiva Siddhanandas service, excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Shiva Siddhananda, or any of its shareholders, trustees, affiliates or successors. Customer shall defend Shiva Siddhananda in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Customer recognizes and agrees that all of Shiva Siddhanandas shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of Shiva Siddhananda.
F) Resolution of Disputes. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the court. All claims against Shiva Siddhananda must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the court process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Customer, Customer is responsible for any and all arbitration and attorney fees.
G) Equitable Relief. In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
H) Notices. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by email. Email: email@example.com
I) Entire Agreement. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
J) Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the Swedish court.
BY PURCHASING SHIVA SIDDHANANDAS SERVICE, WHICH INLCUDES; COURSES, TREATMENTS (HEALING) EDUCATION PROGRAMS, WORKSHOPS, PERSONAL EDUCATION WITH SHIVA SIDDHANANDA. I HAVE READ AND AGREE TO THE TERMS ABOVE.