Terms of Use Agreement

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This Terms of Use Agreement (this “Agreement”) is a legal agreement between you (“you” or “your”) and Health Institute Australasia Pty Ltd, its affiliates, Shanti Yoga, Nirvana Wellbeing Retreat and AyurPure, and each of their respective successors and assigns (collectively, the “Institute”) governing your use of (i) any workshop, seminar, class, conference, course, retreat, treatment, massage, or other service (collectively, the “Services”), offered or promoted by the Institute through its websites located at healthinstitute.edu.au, shantiyoga.com.au, nirvanawellbeingretreat.com.au, ayurpure.com.au, or any other domain, social media accounts or other online platform owned or controlled by the Institute (the “Site”); and (ii) any materials, content or other offline components provided by the Institute through the Site (the “Materials”).

By accessing the site or participating in any class or using any of the Institute’s services, you are agreeing that you have read, and agree to comply with and be bound by, the terms of this agree ment in their entirety without limitation or qualification and all applicable laws and regulations. If you do not agree to be bound by the terms and conditions of this agreement, please do not access the site, participate in any class, or use any services, offered by the Institute.

1. Minimum Age Requirement
The services are intended for those who are 16 years of age and older. If you are under the age of 16, you may not use the services without providing verifiable consent from a parent or legal guardian. In addition, if applicable law requires that you must be older than 16 to lawfully use the services without parental consent then you must be of such older age to use the services.
Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.

2. Authorisation and Release to Use Your Personal Information
If you participate in a workshop, or otherwise use the Institute’s Services, you hereby grant the Institute the irrevocable and perpetual right to (i) record your name, likeness and/or voice re lating to your participation in the Services (collectively, the “Released Subject Matter”) which includes, without limitation, photographs, pictures, portraits, moving pictures, recorded voice, recorded video, and stills (the “Images”), and to edit such Released Subject Matter at the institute’s discretion; and (ii) publish, reproduce, copyright, exhibit, display, distribute, and oth erwise use the Images, or any portion thereof, in all forms and media including composite or modified representations for any lawful purpose that the Institute deems appropriate, including advertising, trade, exhibition, illustration, promotion, publicity, advertising, electronic publication and any commercial purpose. You acknowledge and agree that you are not owed and will not be owed any financial consideration or royalty for such use. You understand and agree that the Institute is under no obligation to make any use of the Images or the rights granted herein.

You expressly release the Institute and its agents, employees, licensees, volunteers, successors and assigns (and all persons acting under any of their permission or authority) from and against any and all claims arising in connection with any use of the Released Subject Matter or the exercise of the rights granted herein which you have or may have for libel, slander, invasion of privacy, infringement of moral rights, defamation, copyright or trademark infringement, rights of publicity, any other personal or proprietary right, or any other cause of action arising out of the production, distribution, broadcast, or exhibition of the Released Subject Matter.

3. Prohibition on Recording
Except as otherwise permitted in writing by the Institute, no materials or information, regard less of form (including, without limitation, oral, documentary, photographic, videographic, and electronic), provided by the Institute to you through the Services or otherwise, including at any workshop, seminar, tutorial, class, conference, course or retreat (collectively, “Content”) may be recorded, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may use the Content for non-commercial, personal use only. You may not use, distribute, modify, transmit, or post the Content, including any text, images, audio, or video, without the Institute’s express prior written consent. All rights in and to the Content are reserved to the Institute.

4. License Grant
Subject to the terms and conditions of this Agreement, the Institute hereby grants you a limited, non-exclusive, non-transferable, license to access the Site and download the Materials solely for your own use. The license granted herein is expressly conditioned on your continued compliance with the terms and conditions of this Agreement.

This Agreement permits you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as follows:

  • You may temporarily store copies of such materials on your computer incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your web browser for display enhancement purposes;
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and
  • You may download a single copy of the Materials to your computer or mobile device solely for your own personal, non-commercial use.

You must not:

  • Modify copies of any Materials from this site;
  • Use any illustrations, photographs, video or audio sequences, or any graphics on the Site
  • separately from the accompanying text; or

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of Material or the Site other than that set out in this section, please address your request to the contact information provided below.

5. Restrictions on License Grant
Your use of the Site is limited to the scope of the license granted in this Agreement and this Agreement does not permit you to use the Site other than as provided herein. You acknowledge that the Site constitutes a valuable asset of the Institute. You acknowledge and agree that except as otherwise authorised under this Agreement or otherwise specified in writing between the parties:

  1. You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, the Site or the Materials or use the Site to run, or as part of, a service bureau, outsourced, or managed services arrangement;
  2. You shall not copy, reproduce, republish, upload, post, transmit or distribute the Site or the Materials in any way;
  3. You shall not modify, translate, alter, adapt, decompile, disassemble (except to the extent ap plicable laws specifically prohibit such restriction), reproduce, distribute or display, or create derivative works, compilations or collective works based on the Site or the Materials;
  4. You shall not knowingly or negligently permit other individuals or entities to use or copy the Site, or create Internet “links” to the Site or “frame” or “mirror” the Site on any other server or wireless or Internet-based device;
  5. You shall not access the Site for any reason, including without limitation, in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, func tions or graphics of the Site, (c) copy any ideas, features, functions or graphics of the Site, (d) monitor its availability, performance or functionality, or (e) for any other benchmarking or competitive purposes;
  6. You shall not attempt to use or gain unauthorised access to data, accounts, hosts, systems or networks of the Institute or any of its customers or suppliers, or those of any other party; breach the security of another user or system, or attempt to circumvent the user authentica tion or security of any host, network, or account, including, without limitation, accessing data not intended for you or logging into or making use of a server or account you are not expressly authorised to access;
  7. You shall not attempt to probe, scan or test the vulnerability of a system, account or network of the Institute or any of its customers or suppliers;
  8. You shall not interfere, or any attempt to interfere, with service to any user, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately over load the system or distribute programs that “crack,” or make unauthorised changes to, the software which operates the Site;
  9. You shall not forge any TCP-IP (Transmission Control Protocol/Internet Protocol) packet header or any part of any header information, falsify, alter or remove address information or other modification of e-mail headers; collect responses from unsolicited bulk messages, falsify references to the Institute or the Site, by name or other identifier, in messages; imper sonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity;
  10. You shall not restrict, inhibit, or otherwise interfere with the ability of any other person, re gardless of intent, purpose or knowledge, to use or enjoy the Site (except for tools for safety and security functions), including, without limitation, posting or transmitting any informa tion or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
  11. You shall not restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Site or any of the Institute’s host, server, backbone network, node or service, or otherwise cause a performance degrada tion to the Institute’s facilities used to deliver the Site; and
  12. You shall not create or use any program, tags, markers, bots, mousetraps, highjackers or oth er similar computer routines or sub-routines to automatically access or manipulate the Site.

Because of the difficulty associated with quantifying damages, in addition to any other damages to which the Institute may be entitled, if actual damages cannot be reasonably calculated then you agree to pay the Institute liquidated damages of AUD$25,000 for each violation of this Section 5 or the maximum liquidated damages permitted under law, whichever is greater; and you agree to pay the Institute’s actual damages, to the extent such actual damages can be reasonably calculated.

6. Privacy
Information collected by the Institute is subject to the Privacy Policy available here. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

7. User Content
You represent and warrant that any material you post to the Site (collectively, “User Content”) does not infringe another party’s proprietary rights, including copyright, trademark, patent, right of publicity or other intellectual property right, or any applicable national or local law that may apply regarding the posting of material. You also agree that any User Content will not slander, defame, libel or invade the right of privacy or publicity of any other person. If you submit any User Content to the Site (presentations, instructional videos, questions, comments or any other content) you understand and agree that it may be used by the Institute for any reason throughout the world without requirement or consent, and that the Institute may edit your User Content.

You hereby grant the Institute a worldwide, non-exclusive, royalty free and perpetual, non-revocable license to use your User Content, in whole or in part, in whatever way the Institute deems appropriate throughout the world, in any media platforms available now or developed in the future. If you post User Content in a way that infringes on another party’s intellectual property rights, or this Agreement, you acknowledge that the Institute may remove the posting and that you agree to indemnify the Institute based on the indemnification provided below.

8. Intellectual Property Ownership
All right, title and interest in the Site, the Materials and the User Content (other than your own User Content), including technology and trade secrets embodied therein and any custom devel opments created or provided in connection with or related to this Agreement, including all copy rights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to the Institute or its licensors, and you shall have no rights whatsoever in any of the foregoing other than the limited rights granted herein.

You acknowledge that information on the Site may constitute a valuable trade secret and/or is the confidential information of the Institute or its licensors.
Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Site, the Materials or the User Content (other than your own User Content), in whole or in part.

All content on the Site, such as text, graphics, logos, button icons, images, audio clips, infor mation, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the “Works”) are the property of the Institute or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter devel oped.

All Works are copyrighted as individual works and as a collective work under the Australian copyright laws and international treaty provisions, and the Institute owns a copyright in the se lection, coordination, arrangement and enhancement thereof.

You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, par ticipate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduc tion, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorised disclosure, use or copying of the proprietary products and services provided pursuant to this Agreement may cause the Institute and its licen sors irreparable injury, which may not be remedied at law, and you agree that the Institute and its licensors’ remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.

9. Trademarks
The HIA logo, Shanti Yoga logo and the related names, design marks, product names, feature names and related logos (collectively, the “SG Marks”) are trademarks of Shanti Gowans, and are used by the Institute under license.

The names, logos and the related names, design marks, product names, feature names and relat ed logos (collectively, the “SG/HIA/SY Marks”) are trademarks of Shanti Gowans and are used by the Institute under license.

Neither the SY Marks nor the SG/HIA/SY Marks may be used, copied or imitated, in whole or in part, without the express prior written consent SG or SG/HIA/SY, as applicable.
In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of the Institute and may not be copied imitated or used, in whole or in part, without the express prior written con sent of the Institute.

10. License to Third Party Content
The Institute displays certain Content via the YouTube embedded player accessible through the Site. Any Content that is provided by YouTube is subject to their terms of use and license requirements. Please review their terms of use that apply for license and usage terms. Addition ally, the Site may use YouTube API services to allow users to view videos from youtube.com In order to use this app, you need to consent to be bound to YouTube’s terms of service https:// www.youtube.com/t/terms.

11. Term; Termination; Suspension of Access
The term of this Agreement commences the first time you access the Site and continues through any subsequent use of the Site thereafter. Any unauthorised use of the Site will be deemed a material breach of this Agreement. The Institute, in its sole discretion, may terminate your pass word, account or use of the Site if you breach or otherwise fail to comply with this Agreement.

12. Medical Disclaimer
The Institute makes its Services available to all seekers, including individuals who may be deal ing with personal health issues.

The services provided by the Institute are not a substitute for professional medical advice, diag nosis or treatment.

All information provided by The Institute is for informational purposes only, and you hereby assume all of the risk in participating in any of the Institute’s services, including by way of ex ample and not limitation, any risks that may arise from the Institute’s negligence.

The Institute strongly advises that you seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disre gard professional medical advice because of information received from the Institute.

If you believe you may have a medical emergency, call your doctor, go to your local emergency room, or call the local emergency phone number supported by governmental authorities (exam ple 000 in Australia, or 911 in the United States) immediately.

On behalf of your executors, administrators, heirs, next of kin, successors, and assigns, you hereby:

(A) waive, release, and discharge from any and all liability for your death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to you, the following entities or persons: the institute, its affiliated entities, its and their direct and indirect owners, and each of its and their directors, officers, employees, volunteers, representa tives, and agents; and

(B) indemnify, hold harmless, and promise not to sue the entities or persons mentioned above from any and all liabilities or claims made as a result of participation in any of the services. This release shall be construed broadly to provide a release and waiver to the maximum extent per missible under applicable law.

13. Disclaimer of Warranties
Except as otherwise expressly provided in this agreement,

(A) the site is provided “as-is” and “with all faults”, and, to the maximum extent permitted by applicable law, the Institute, including its affiliates, subsidiaries, licensors, subcontractors, distributors, services partners, agents and marketing partners) and each of their respective em ployees, directors and officers (collectively, the “Institute Parties”) disclaim all representations, warranties and conditions of any kind, express or implied, regarding the site, or otherwise relat ing to this agreement, including non-infringement and accuracy;

(B) neither the Institute nor any Institute Party warrants that the site is or will be secure, accu rate, complete, uninterrupted, without error, or free of viruses, worms, other harmful compo nents, or other program limitations;

(C) you assume the entire cost of all necessary servicing, repair, or correction of problems caused by viruses or other harmful components, unless such errors or viruses are the direct re sult of the Institute’s gross negligence or wilful misconduct;

(D) the Institute and the Institute Parties, jointly and severally, disclaim and make no warranties or representations as to the accuracy, quality, reliability, suitability, completeness, usefulness, or effectiveness of the information obtained, generated or otherwise received by you from access ing and/or using the site or otherwise relating to this agreement, and

(E) use of the site is entirely at your own risk and neither the Institute nor any of the Institute Parties shall have any liability or responsibility therefor.

14. Limitation of Liability
Notwithstanding anything to the contrary in this agreement, in no event whatsoever shall the In stitute be liable for any indirect, special, incidental, punitive or consequential damages, includ ing but not limited to loss of profits, lost time or good will, even if the Institute has been advised of the possibility of such damages, whether in contract, tort (including negligence), strict liabili ty or otherwise. The Institute shall not be liable for any claims against you by third parties.
In no event shall the maximum cumulative liability of the institute in connection with the site and/or this agreement, regardless of the form of action, exceed AUD $100. No action, regard less of form, arising from or pertaining to the site may be brought by you more than one (1) year after such action has accrued. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

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