Terms and Conditions

BY VISITING SOMAINTEGRATIVEWELLNESS.COM,
YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.

OVERVIEW

By using somaintegrativewellness.com, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to Soma Ayurveda and Integrative Wellness. Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.

By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them. We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.

SITE USE

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.

In using this site and its services and products you acknowledge that Soma practitioners are not allopathic medical doctors, psychotherapists, or financial counsellors, and will not provide biomedical (allopathic) diagnose of illness, disease, or any physical or mental disorders, nor do they prescribe medical treatment or pharmaceuticals. Soma’s services are not a substitute for medical examination, diagnosis, or licensed psychological support and it is recommended to consult a primary healthcare provider, psychologist, psychotherapist, or psychiatrist for those services.

Packages and Purchases are not transferable to another person and non-refundable. One-to-One Sessions can be rescheduled up to 24hrs before the scheduled session. If 24hrs notice is not given, session fees are non-transferable to another session. Sessions must be used within 9 months of purchase.

In Using MoonGold Memberships for Yoga Sessions Wait 75 to 90 minutes after meals before commencing yogic practices, and if you have a heart condition, had surgery in the last 6 months, and/or are pregnant or there is chance of pregnancy, please consult your primary health practitioner prior to using these videos.

None of the content or information in videos or text are a diagnoses or treatment for health conditions. One should consult their primary health practitioner for these services. By purchasing and utilizing MoonGold videos the user engages with the practices shown and described here at their own risk and releases the video facilitators and SOMA Ayurveda and Integrative Wellness of any liability, injury, or effects on one’s physical, emotional, and mental health and wellbeing.

It is strictly prohibited for this video and other mediums of information provided to be copied, shared, or disseminated in any form or used for commercial use without prior written consent from the owners and creators at Soma Ayurveda and Integrative Wellness. All MoonGold Membership Purchases are final. We do not provide refunds.

Information provided on the Site and in the service related to website and online presence education and other information (the “Service”) are subject to change. Soma Ayurveda and Integrative Wellness makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free.

Soma Ayurveda and Integrative Wellness disclaims all liability for any inaccuracy, error or incompleteness in the Content.

In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Soma Ayurveda and Integrative Wellness will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.

You may use the Site and Service for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.

SOMA AYURVEDA AND INTEGRATIVE WELLNESS INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Soma Ayurveda and Integrative Wellness, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Soma Ayurveda and Integrative Wellness name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and Service, without refund, if you are caught violating this intellectual property policy.

COMMUNICATIONS WITH US

Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

LIMITATION OF LIABILITY

THE WEBSITES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITES WILL OPERATE ERROR-FREE OR THAT THE WEBSITES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, SOMA AYURVEDA AND INTEGRATIVE WELLNESS IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF SOMA AYURVEDA AND INTEGRATIVE WELLNESS HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE PROVINCES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SOMA AYURVEDA AND INTEGRATIVE WELLNESS CUMULATIVE LIABILITY TO YOU EXCEED $100.

THIRD PARTY RESOURCES

The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Soma Ayurveda and Integrative Wellness. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.

GOVERNING LAW; VENUE; MEDIATION

This site is controlled, operated and administered by Soma Ayurveda and Integrative Wellness from within the Province of Ontario, Canada. By accessing this site, you agree that all matters relating to the access to, or use of, this site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.

ENTIRE AGREEMENT; WAIVER; HEADINGS

This Agreement constitutes the entire agreement between you and Soma Ayurveda and Integrative Wellness pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Soma Ayurveda and Integrative Wellness shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Soma Ayurveda and Integrative Wellness. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions