Application of these Terms of Service
The following terms, conditions and notices (collectively, the "Terms of Service") apply to you when you use or access any part of the Site (www.sriavinashmasterclass.com) or the Services.
Please read these Terms of Service carefully, because they operate as an agreement between you and us.
By using or accessing any part of the Site or Services, you expressly consent to be bound by these Terms of Service, as amended from time to time. If you do not agree to any of these Terms of Service you must not use the Site or the Services.
Please note that these Terms of Service contain provisions that include disclaimers of warranties and limitations of liabilities, as well as arbitration provisions and class action waiver provisions.
If you are ordering a Service on behalf of another (except in your capacity as parent/guardian), it is your responsibility to make these Terms of Service known to them.
Certain words are defined words, as indicated in the Definitions section at the end of these Terms of Service. These defined words have the same meaning in both singular and plural form throughout these Terms of Service.
You may only use the Site or the Services if you are at least eighteen (18) years old. We do not permit those under 18 to use the Site or the Services.
By ordering a Service, you are affirming that you are at least 18 years old, have the legal capacity to enter into a binding contract with us, and have read and agree to these Terms of Service.
Your rights under these Terms of Service to use the Site and the Services cannot be assigned or transferred to another without our express written consent.
We may assign or transfer our rights under these Terms of Service at any time, without notice to you.
Individual results will vary
The Site and the Services may not be suitable for all people and individual results will vary.
Results from the Services are dependent upon many factors, including student diligence in completing all sessions and practices as instructed, with appropriate spiritual practice. This will take time and effort and may not be suitable for all people.
Every healer uses different approaches and offers different levels of skill and experience, and there are also a variety of factors that can influence the effectiveness of healing within an individual. Therefore, individual results from the Services will vary.
The Services are unmonitored and self-paced, so you acknowledge and agree that we do not guarantee or warrant any particular outcome. Client testimonials on the Site, the Services or other promotional materials do not constitute a guarantee, warranty or prediction of a given outcome.
Disclaimer as to medical, legal and financial advice
The Site and the Services cannot under any circumstances replace or substitute for the assistance of trained professionals in any areas, including, but not limited to, medical, legal or financial.
Please seek the advice of licensed/registered professionals, as appropriate, if you have concerns or questions in such matters. Do not disregard, avoid or delay obtaining professional advice because of information in the Site or the Services.
The Site and the Services offer health and emotional wellness information that is designed for educational purposes only.
Nothing on the Site or the Services represents medical diagnosis, advice, treatment or care. The Site and the Services cannot under any circumstances be used as a justification to alter or replace the assistance, treatment, medication or advice provided by a licensed/registered healthcare professional.
A licensed/registered healthcare professional should be consulted for any severe physical or psychological ailments and in any situations where symptoms persist.
While we have observed the benefits of the Services, we do not claim to diagnose or cure any condition of mind, body or spirit. We do not give medical advice, perform medical treatment, prescribe substances or interfere with the treatment of a licensed/registered healthcare professional.
The Site and the Services are safe to use alongside any professional healthcare and can support wellbeing for mind, body and spirit in a way that is needed.
Energy Healing and spiritual practices such as meditation are intended as complementary therapies, or as an aid to personal relaxation or stress reduction, and are not meant to replace one-to-one healthcare with a licensed/registered professional.
We must receive payment of the whole price for Services that you order before your order can be processed. Payment of the advertised price will be taken at the point of sale.
We make every effort to ensure that pricing and details are correct, however we reserve the right to correct genuine errors. Where there are errors or inaccuracies (including the price) on the Site or other promotional materials, we will not process your order
If an error or inaccuracy is discovered after your order has been completed, we will contact you as soon as possible by email to correct the error. In this case, you agree that (i) you will pay the corrected purchase price for the Service; or (ii) we will cancel your order and refund the purchase price.
No cancellations or refunds are permitted after your purchase order has been submitted.
Site errors and changes to our Services
The Site Content and the Services may contain typographical, factual and other errors. We cannot and do not warrant that any of the Site Content or Services are accurate, complete, or current.
We manage the Site and the Services in our complete discretion and we reserve the right to modify these without notice, at any time and for any reason, including cancelling all or part of a Service. We also reserve the right to not modify the Site or the Services.
We may suspend or terminate all or any part of the Site or Services without notice, including for periodic maintenance, equipment malfunctions, changes to our business operations or force majeure.
You acknowledge and agree that we will not be liable to you or any third party for any modification, suspension, or termination of the Site or the Services.
If we make a cancellation
We may cancel your access to any portion of the Site or Services immediately, without prior notice and without a refund, for any reason whatsoever. This includes, but is not limited to, where we believe that (i) you (or someone who accesses the Site or the Services on your behalf) are in breach of these Terms and Conditions, or (ii) fraud or an unauthorized or illegal transaction is suspected, or (iii) an error has occurred.
Where we make a cancellation, you acknowledge and agree that we accept no liability for any resulting damages or costs, whether direct or indirect, that may be suffered by you.
We will not be liable, or obliged to provide any refund of monies paid, for any delay or failure to provide a Service, or for your inability to use a Service, directly or indirectly due to any event of Force Majeure or other cause beyond our control.
You agree that any information that you provide to us is true, current, accurate and complete, and that you are not impersonating another person. This includes information such as your legal name, street address, email address, telephone number and financial transaction account information.
You further represent and warrant that:
(i) you have the legal right to use the financial transaction account with which you make purchases on the Site; and
(ii) you grant us the right to provide your personal information to third parties where necessary to facilitate the processing of your order.
Passwords and Security
Accessing a portion of the Site or the Services may require you to create a login ID and a password (collectively, “Login”).
Your Login and any right given to you to use the Site or the Services are not transferable. You may not disclose to or share your Login with any third party, or use your Login for any unauthorized purposes.
It is your responsibility to keep your Login secure and confidential. Therefore, you are responsible for all access to and use of the Site or the Services that occurs under your Login, even if you have not authorized that access and use. You acknowledge and agree that we will treat any resulting transactions, obligations or liabilities as if you had used or accessed the Site or the Services.
If you have reason to believe that your access to the Site or the Services is no longer secure (e.g. loss, theft or unauthorized disclosure or use of your Login), you must notify us immediately, take steps to prevent it happening again and promptly change the affected access information.
Intellectual property, copyrights and trademarks
The Site Content is solely our property and is protected by copyright, trademark, intellectual property and other laws in relevant jurisdictions.
You may not modify, copy, reproduce, republish, upload, download, post, transmit, adapt, distribute or in any way exploit Site Content, including code and software, for any purpose unless expressly agreed to by us in writing. In any case, no such actions grant you ownership rights to Site Content and nothing in these Terms of Service gives you a license to any intellectual property rights.
From time to time we may provide materials for download. If you download material from the Site or from an email communication in connection with the Services, the material (which includes all files and images contained in it or generated by it, and accompanying data) is deemed to be licensed to you by us for your personal, non-commercial use only, provided you:
(i) keep intact all copyright and other proprietary notices;
(ii) do not copy or post the material on any networked computer or any other type of media
(iii) do not modify the material
(iv) make no representations of ownership
(v) do not sell, redistribute, reproduce, decompile, reverse-engineer or disassemble the material, and
(vi) do not use any content in a manner that suggests an association with us or with any of our products or Services.
Please note that any materials downloaded by you from the Site, or via a link pointed to by the Site, or from a communication in connection with the Services, are downloaded, installed, and used entirely at your own risk.
If you wish to use text, videos, audios, images or other of our intellectual property for non-personal use, commercial purposes, or other than as permitted here, you should submit your request to us in writing.
We respect the intellectual property rights of others. If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please contact us with details of the alleged breach.
Third party links
The Site and the Services may contain links to third-party websites or products that are not owned or controlled by us and we accept no responsibility for the quality, accuracy or completeness of these. It is your responsibility to read the terms, conditions and privacy policies of any third-party websites or products that you access.
You acknowledge and agree that we accept no liability for any damage or loss arising out of or in connection with the use of or reliance on any such websites or products.
You may not link to the Site without our prior written approval. If you would like to link to the Site, please send your request to us in writing.
Your testimonials, reviews and other feedback
You acknowledge and agree that if you provide us with a review or testimonial, or send comments, ideas, artworks or other materials to us (collectively, “Feedback”), such Feedback will become our property.
We reserve the right to use it (including your name, occupation, city and country of residence) in whole or in part, for any purpose, without limitation and in our absolute discretion. We also reserve the right to make grammatical and other appropriate corrections prior to our use of the Feedback.
If for any reason such assignment of the property rights is ineffective, you agree:
(i) to grant us a royalty-free, non-exclusive, perpetual, irrevocable, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction;
(ii) that we may use your Feedback with no obligation of confidentiality, without any payment or compensation being offered and without any request being made to you; and this includes sub-licensing to our international branches the unrestricted right to exercise any of these rights granted.
Recording, sharing and transmitting Event Footage
You are not permitted to record, share or transmit audio, video or photographic footage of the Services. We reserve all multimedia rights.
At live online events, such as live training sessions, we may record, share and transmit (for example by livestream or broadcast) audio, video and photographic footage of the event. This may include the image, likeness and voice of any person or item that is presented to the live online event by us and/or by those in attendance, through video and/or audio (“Event Footage”).
By attending a live event, you acknowledge that the Event Footage is our property. We reserve the right to use Event Footage in whole or in part, for any purpose, at our absolute discretion. However we are not obliged to record, share, transmit or provide to you any Event Footage.
If for any reason such assignment of the property rights to Event Footage is ineffective, you agree:
(i) to grant us a royalty-free, non-exclusive, perpetual, irrevocable, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit the Event Footage without restriction; and
(ii) that we may use the Event Footage with no obligation of confidentiality, without any payment or compensation being offered, and without any request being made to you; and
(iii) this includes sub-licensing to our international associates the unrestricted right to exercise any of these rights granted.
You agree and acknowledge that your presence at a live event, and the presence of those who attend a live event under your booking:
(i) constitutes express and irrevocable consent to our recording, sharing, transmitting and using the Event Footage; and
(ii) is a waiver of any and all legal claims in relation to Event Footage, without limitation.
Live healing demonstrations
The Service we provide to you may include live online training sessions, which may include live healing demonstrations with individual participants, for educational purposes.
Only participate in a live healing demonstration if you are willing to be healed by the energy healing given during the demonstration.
If you are currently receiving, or may receive, insurance payouts or other benefits or compensation for an injury or condition, please note that the healing may affect your ability to receive such insurance, benefits or compensation.
We will not be liable for any financial or other consequences that arise from a live healing demonstration.
Consumer Protection Laws
Some jurisdictions provide certain statutory guarantees for consumers which cannot be excluded, and nothing in these Terms of Service modifies or excludes those guarantees. In those jurisdictions, these Terms of Service will be applied to the greatest extent enforceable under applicable law.
Permitted use of the Site
Use of the Site and the Services is void where prohibited. We make no representation that the Site or the Services are appropriate or legal in any particular location. When you choose to access or use either the Site or the Services, you do so by your own initiative and are responsible for compliance with all applicable laws.
You must not use or access the Site for any purpose except as expressly permitted by us. In particular, you agree that you must not:
- post, transmit or disseminate any information on or via the Site which is or may be harmful, obscene, defamatory, fraudulent or otherwise illegal, or which conflicts with the Site or the Services;
- use ‘screen scraping’, any automated algorithm, device, method, system, software or manual process to access, use, search, copy, monitor or extract material (in whole or in part) from or through using the Site unless we have given our express written agreement;
- use the Site in a manner which causes or may cause an infringement of the rights of any other;
- make any unauthorised, false or fraudulent purchase;
- use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Site including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
- deface, alter or interfere with the front end ‘look and feel’ of the Site or the underlying software code;
- take any action that imposes an unreasonable or disproportionately large load on the Site or related infrastructure;
- permit any automatic registration, logging in or access to any of the material on the Site;
- obtain or attempt to obtain unauthorised access, via whatever means, to any of our networks or accounts or to information about other users;
- disclose confidential information of any person or entity including without limitation our confidential information;
- upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial service or other organisation;
- allow or authorise any third party to use the Site in a way which conflicts with these Terms and Conditions, the Site or the Services.
Limitation of liability
Use of the Site or the Services is at your sole risk. You agree and acknowledge that you have full responsibility for all costs associated with use of the Site or the Services, and that we will not in any form be liable for damages of any kind related to such use, even if we have been advised of the possibility of damage or loss.
In other words, we will not be liable for any loss, damage, personal injury, cost, expense or liability of any kind (whether based on breach of contract, tort (including negligence), product liability, legal expenses or otherwise), arising out of or in any way connected with the use, inability to use, or performance of the Site or the Services, including costs and expenses that may be incurred where a Service is cancelled or rescheduled.
This includes, but is not limited to:
(i) any compensatory, incidental, direct, indirect, special, punitive, exemplary, contingent, reliance or consequential damages;
(ii) loss of data, loss of income or profit, lost savings, harm to business, loss of or damage to property, loss or denial of service, business interruption;
(iii) any loss, damage or injury arising from your negligent acts or omissions, any pre-existing medical condition, your breach of these Terms of Service, or your reliance on reviews and opinions about the Site or the Services;
(iv) claims of third parties; and
(v) other losses of any kind.
Notwithstanding any damage or loss that might be incurred, our limitation of liability in all cases will not exceed the amount paid to us to purchase the applicable Services, or €100 if no purchase has been made.
Disclaimer of warranty
The Site and the Services are provided “as is” and “as available” to the maximum extent permitted by law.
We, and our licensors and suppliers, disclaim any and all warranties, express or implied, whether verbal, in writing or in electronic form. This disclaimer includes, but is not limited to:
(i) Warranties about the accuracy, suitability, reliability, title, merchantability, non-infringement, quality, completeness or fitness for a particular purpose of the Site, the Services or a third-party website or product;
(ii) Warranties about the results or outcome of using the Site or the Services;
(iii) Warranties that the functions of the Site or Services will be without fault, uninterrupted, timely or secure, that defects will be corrected or that the Site or the server that makes it available are free of viruses or other harmful components; and
(iv) any other warranty, condition, guarantee or representation.
If dissatisfied with the Site or the Services, or with any of these Terms of Service, the only remedy is to discontinue using the Site and the Services.
You indemnify us
You agree to indemnify, defend and hold us harmless from any and all claims, damages, costs and expenses (including legal fees) arising from or in any way related to use or attempted use of the Site or the Services, including any liability or expense incurred by you or any third parties through you.
You also agree to indemnify, defend and hold us harmless from all claims, damages, costs and expenses (including legal fees) relating to:
(i) Your breach of these Terms of Service, including, but not limited to, any errors, inaccuracies, misrepresentations or defects in any materials or information submitted by you; or
(ii) Your violation of any law or the rights of a third-party.
Disputes settled informally or by arbitration
If you have any concern, claim or dispute about the Site or the Services, you must first try to resolve the dispute informally by contacting us. Similarly, if we believe we have a claim against you, we will do the same with you.
If this does not resolve the issue, you acknowledge and agree that any claims and disputes arising out of or relating to these Terms of Service, or your use of the Site or the Services, must be resolved through final and binding confidential arbitration in Frankfurt Germany. Such arbitration will be to the exclusion of the courts and pursuant to the rules of the German Arbitration Institute (DIS).
You acknowledge and agree that you are waiving the right to a trial by jury, and that the rights you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist.
Any decision by the arbitrator will be binding on you and us, and the costs of the arbitration will be borne by the non-prevailing party.
You acknowledge and agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class action proceeding against us.
These Terms of Service are governed by and shall be construed in accordance with the laws of the state of Rhineland-Palatinate, Germany.
You acknowledge and agree that by visiting, purchasing, using or accessing any part of the Site or the Services you will submit to the exclusive jurisdiction of the courts having jurisdiction in the state of Rhineland-Palatinate, Germany.
We retain the right to bring proceedings against you in your country of residence or any other appropriate country or jurisdiction.
These Terms of Service contain all the terms of your agreement with us when you use or access any part of the Site or the Services. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated, unless indicated in these Terms of Service.
In the event of any inconsistency between these Terms of Service and any information posted on the Site or made available through the Services, these Terms of Service shall prevail.
Waiver and severability
Our failure to enforce any provision of these Terms of Service or respond to a breach by you or others shall not constitute a waiver of our right to enforce any provision of the Terms of Service as to that breach or any other.
If any part of these Terms of Service is deemed unenforceable or invalid by an arbitrator or an appropriate court of competent jurisdiction, then:
(i) the other parts will continue in full force and effect; and
(ii) if the unenforceable or invalid provision could be changed and interpreted to accomplish the objectives of the provision, such change and interpretation will be made effective to the greatest extent permissible by law (for example, if a provision would be enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect).
Amendment to these Terms of Service
We may from time to time change these Terms of Service. The most current version of the Terms of Service will always be available on the Site, and it is your responsibility to review it regularly.
If you use or access any part of the Site or the Services following the posting of any changes to the Terms of Service, you agree to be bound by the revised terms. If you do not agree to any of the new terms, you are not permitted to use the Site or the Services and your only remedy is to discontinue using them.
“Energy Healing” means the transmission of healing energies including, but not limited to, divine love, divine light, peace and universal chi to a group or individual (adult, child or animal). This includes, but is not limited to, Energy Healing transmitted live, in person, at a distance, or through a video recording.
“Force Majeure” are forces beyond our control and include, but are not limited to, acts of God, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, local or international crises such as pandemics, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
“Services” means a program or resource offered by us to you and includes, but is not limited to, Healer Masterclasses, Spiritual Masterclasses, and all resources on the Site.
“Site” means www.sriavinashmasterclass.com which is owned and operated by Sri Avinash Do Mission DE gUG (haftungsbeschränkt), and it includes the Site Content.
“Site Content” includes, but is not limited to, all uploaded files, text, videos, audios, articles, file content, codes, news, tutorials, courses, webinars, layout design, instructions, data, graphics, trademarks, logos and forum posts contained on the Site or in connection with the Services.
“We”, “us”, “our” etc. means Sri Avinash Do Mission DE gUG (haftungsbeschränkt), and its assigns, subsidiaries, affiliates, successors, directors, officers, employees, volunteers and agents.
“You” or “your” etc. means the individual accessing or using the Site or the Services, or the company or other legal entity on behalf of which such individual is accessing or using the Site or the Services, as applicable.
Updated 2 October 2021