WEBSITE AND APPLICATION TERMS OF USE

1. Terms of Use

1.1 The website, located at meditationdojo.com (Website), and application, Meditation Dojo (Application), are owned and operated by Meditation Dojo ABN 51 155 491 213.

1.2 By downloading, installing, displaying or using the Website and/or Application, you agree to be bound by the terms and conditions set out below (Terms of Use).

1.3 In these Terms of Use, a reference to “we” or “us” is a reference to Meditation Dojo.

1.4 A reference to “you” or “your” in these Terms of Use is a reference to any person accessing, viewing or using the Website or Application, including a Registered User.

1.5 The Terms of Use also incorporate and include the following terms and conditions:

(a) Meditation Dojo Privacy Policy; and meditationdojo.com/privacy-policy/.

2. Registration and Use

2.1 You may use the Website and/or Application to view information and material and participate in meditation and mindfulness courses and programs (Products).

2.2 In order to subscribe to use the Products, you will need to register as a user (Registered User) and create an account (Account). If you are under the age of eighteen (18) years, you may create a sub-account with the permission of your parent or legal guardian pursuant to item 3

2.3 Subject to obtaining our prior written consent for any other use, you may only use the Website and Application for personal use.

2.4 Registered Users may access the Website and Application at any time, unless we have restricted access to perform necessary maintenance, updates or upgrades. Your ability to access the Website and Application will otherwise depend on factors outside our control and we do not accept any responsibility for those factors such as the quality of your internet connection, the type of computer or mobile device used to access the Website or Application and your software.

2.5 The Application is currently available on mobile devices running Android OS and Apple iOS. If the requirements for Android OS or Apple iOS (or for any additional system we decide to extend the availability of the Application to) change, you will need to download or perform updates if you would like to continue your use of the Application. We do not accept any responsibility if your use of the Application is affected during this time.

2.6 You acknowledge that you have no rights in, or to, the Website or Application or technology used to support the Website or Application, other than the right to use the Website and Application in accordance with the Terms of Use.

3. Account and Sub-Account

3.1 At the time of becoming a Registered User you will be asked to create an account (Account). It is your responsibility to maintain the confidentiality and security of your Account and to ensure there is no unauthorised access.

3.2 You agree to provide accurate and complete information when you become a Registered User and create your Account.

3.3 In addition to creating an Account, you may create a sub-account for persons under the age of eighteen (18) years (Sub-Account), provided you are that person’s parent or legal guardian.

3.4 The Sub-Account user may only use the Website and Application in accordance with these Terms of Use.

3.5 As the Registered User, you agree and accept all responsibility for the registration and use of any Sub-Account. You further agree to be bound by the Terms of Use in relation to any Sub-Account created and you are responsible for ensuring that any person(s) using the Sub-Account complies with the Terms of Use.

Limitations on Use

4.1 By accessing and using the Website or Application you warrant and agree that you will:

(a) not use the Website or Application for any other purpose than provided under the Terms of Use;

(b) not use the Website or Application for any commercial purpose without our prior written consent;

(c) not copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Website or Application in any way whatsoever;

(d) not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;

(e) not use the Website or Application for any activity which is obscene, indecent, offensive or defamatory;

(f) not hack into, change or otherwise knowingly transmit a virus or otherwise damage the Website or Application or any information contained within it;

(g) refrain from tampering with, hindering the operation of or making unauthorised modifications to the Website or Application;

(h) not use the Website or Application with an incompatible or unauthorised device;

(i) refrain from uploading onto the Website or Application any material, or use the Website or Application in any way which:

(i) infringes the intellectual property rights of any person; or

(ii) is unlawful or violates any law;

(j) not breach any other terms of the Terms of Use or our Privacy Policy.

5. Technical information and Security

5.1 The transmission of data over the internet and/or cellular network is not always secure. Although we endeavour to secure the Website and Application, you access the Website and Application at your own risk and we accept no responsibility for any interference, loss, damage, or disruption to your computer or mobile device or otherwise which arises in connection with your use of the Website or Application.

5.2 You acknowledge that it is your responsibility to:

(a) implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output; and

(b) ensure that whatever you select for your use in the Website and Application is free of viruses of anything else that may interfere with or damage the operations of your computer or mobile device.

5.3 We do not warrant that functions available on Website or in the Application will be uninterrupted or error free, free of viruses or programming bugs or interferences due to factors outside our control.

6. Intellectual Property

6.1 The Website and Application contains intellectual property including trademarks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.

6.2 You should assume that any intellectual property in the Website and Application is owned by Meditation Dojo or third parties and unless permitted by law, you must not:

(a) adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Website or Application; or

(b) commercialise any information, products or services obtained from any part of Website or Application without our prior written consent.

7. Meditation Dojo Product Subscription

(a) Meditation Dojo account holders may access the Products in two ways:

(i) Level 1 Free Trial: a free-of-charge program, which gives unlimited access to 7 days of our “Introduction Course.”

(ii) Paid Subscription: a subscription fee-based program, which gives access to all content including and beyond the Level 1 Free Trial. All subscription services provide access through the Products. You can become a subscriber by purchasing a subscription to the Products from the Website, within the Apps, where allowed by the App marketplace partners, or through a bundle with one or more of our bundle subscription partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. If you purchase through one or more of our bundle subscription partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the bundle subscription may be administered by them.

(b) Meditation Dojo offers monthly, annual, and lifetime subscription options. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days, a year constitutes 365 calendar days.. For the purposes of our lifetime subscription, lifetime constitutes 100 years or until the date Meditation Dojo ceases to commercially offer the Products.

(c) Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that Meditation Dojo is authorized to charge the same credit card as was used for the initial subscription fee or other payment method as set forth in section 2.6(h) (the “Payment Method”) in the amount of the then current monthly subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

(d) Our “Yearly” subscriptions are paid for by an upfront one-off payment with automatic annual renewals. You acknowledge and agree that Meditation Dojo is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the renewal subscription fee(s) at the effective rate in effect at the time of any such renewal. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.

(e) Our “Lifetime” subscription is paid for by a one-off upfront payment.

(f) You may cancel automatic renewals of your subscription at any time by emailing hello@meditationdojo.com. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel automatic renewals by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play. If you purchase a subscription through a bundle subscription partner, you may cancel according to the process outlined by the bundle subscription partner.

(g) You agree to promptly notify Meditation Dojo of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.

(h) In the course of your use of the Products, Meditation Dojo and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Meditation Dojo and Meditation Dojo’s third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.

(i) Our obligation to provide the Products only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. Prices in US Dollars include local taxes. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through Meditation Dojo for commercial purposes.

8. Changing Fees and Charges

We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Products. We will notify you at least 30 calendar days in advance of any such change. If you do not agree to the change, you may cancel your membership or subscription in your account settings or by emailing hello@meditationdojo.com.

9. Third Party Websites and Applications

9.1 The Website and Application may contain links to websites and applications owned and operated by third parties. We are not responsible for the operation, security levels, content or any other aspect of any third party websites and mobile applications.

9.2 Links to third party websites and mobile applications are provided solely for your convenience and do not indicate our endorsement or affiliation of them or their products and services.

9.3 We make no representations or warranties and are not liable for:

(a) the content or accuracy of any information contained in linked websites and applications and third party websites and applications; and

(b) any loss or damage suffered as a result of access to, or use of, these third party websites and mobile applications, or the reliance on the information contained within.

9.4 You must make your own enquires as to the suitability of the content of third party websites and applications and the goods and services available for sale on them.

9.5 Third party websites and applications may be governed by their own terms and conditions (including their privacy policy), which will apply to your use and acquisition of their products or services. Accordingly, we strongly recommend that you read their terms and conditions.

10. Email Notifications and Push Notifications

10.1 When you create an Account you agree to us sending you communications via email (Email Notifications). You may choose to stop receiving Email Notifications at any time by clicking the “unsubscribe” link at the bottom of our Email Notifications.

10.2 If you do not opt-out from Email Notifications the Website will send emails to your nominated email address and you acknowledge and consent to receipt of those Email Notifications.

10.3 When you download and install the Application on your mobile device, a pop-up may appear asking whether you would like to receive alerts, badges, banners and sounds (Push Notifications) from the Application to your mobile device.

10.4 If you select “yes” to receive Push Notifications, the Application will generate Push Notifications on your mobile device and you acknowledge and consent to receipt of those Push Notifications.

10.5 You can choose to stop receiving Push Notifications at any time through the Application’s settings menu.

11. Suspension or Termination of Services

11.1 Suspension or Termination by Us

We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products.

11.2 Suspension or Termination by You

(a) You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation by visiting here or emailing hello@meditationdojo.com.

(b) You may cancel our Yearly and Lifetime subscription plans within the 30-day money back guarantee offer, which entitles you to cancel your subscription and have the full cost refunded to you up to 30 calendar days from your first date of payment, by emailing hello@meditationdojo.com. You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the 30-day money back guarantee. No such refunds will apply to subsequent renewals of the Yearly subscription or Lifetime subscriptions purchased through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application.

(c) Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.

12. Product Availability

12.1 Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at hello@meditationdojo.com and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.

12.2 Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can. In the event that the Products are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing help@meditationdojo.com.

13. Exclusion of Warranties

13.1 While we endeavour to ensure the accuracy and completeness of the information contained on the Website and in the Application, that information may contain errors and omissions and is subject to change.

13.2 To the maximum extent permitted at law, we make no representations or warranties of any kind, express or implied, in relation to the content, accuracy, completeness, suitability, accessibility, security or reliability of:

(a) any material and/or information on the Website or in the Application;

(b) the performance and availability of the Website or Application;

13.3 Where liability cannot be excluded, any warranty by us in relation to the use of the Website or Application or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).

13.4 We make no warranties or guarantees that the use of the Website or Application will achieve your desired state of clarity, calm and contentment or improve your mental state. The information, courses and programs provided on the Website or in the Application are intended for the benefit of the general public and are not intended to replace or substitute advice from a qualified healthcare professional.

14. Limitation of Liability

14.1 To the maximum extent permitted at law, we and our committee of management, officers, employees, agents, contractors, service providers, successors or assigns exclude liability for any loss or damage whatsoever (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages) you may suffer arising out of, or in any way related to:

(a) the use of, or reliance on, any of the information or material on the Website or in the Application;

(b) the use of other third party linked websites or applications;

(d) the suspension, termination or interruption of the Website or Application in whole or in part for whatever reason;

(e) the loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of the Website or Application.

14.2 Where liability cannot be excluded, any liability incurred by us in relation to the use of the Application or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).

14.3 You indemnify and agree to keep us indemnified against any loss or damage or costs incurred by us in connection with any breach of the Terms of Use or of any other legal obligation by you or your use of, or conduct on, the Website and Application.

15. Medical Disclaimer

15.1 Meditation Dojo is a provider of online and mobile meditation and mindfulness content in the health & wellness space. We are not a health care or medical device provider, nor should our Products be considered medical advice. Only your physician or other health care provider can do that. While there is third party evidence from research that meditation can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, Meditation Dojo makes no claims, representations or guarantees that the Products provide a therapeutic benefit.

15.2 Any health information and links on the Products, whether provided by Meditation Dojo or by contract from outside providers, is provided simply for your convenience.

15.3 Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products.

15.4 There have been rare reports where people with certain psychiatric problems like anxiety and depression have experienced worsening conditions in conjunction with intensive meditation practice. People with existing mental health conditions should speak with their healthcare providers before starting a meditation practice.

16. Privacy

16.1 You acknowledge that information about you, including information provided upon becoming a Registered User and creating an Account will be held by us in accordance with our Privacy Policy meditationdojo.com/privacy-policy/.

17. General

17.1 We reserve the right to amend, modify, add, delete and make corrections to the Terms of Use at any time and such amendment will be effective immediately upon appearing on the Website or in the Application. Please ensure that you review these Terms of Use regularly as your continued use of the Website and Application will be deemed acceptance to any variation of the Terms of Use.

17.2 If any part of the Terms of Use are determined to be illegal, invalid or otherwise unenforceable or void that part shall be severed to the extent necessary and the remainder of the Terms of Use shall continue in full force and effect.

17.3 No waiver of any breach of the Terms of Use will be construed as a waiver of any other breach of the Terms of Use.

17.4 The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia and any claim made by either party against the other which in any way arises out of the Terms of Use will be heard in Queensland and you agree to submit to the jurisdiction of those courts.

17.5 For further information on using the Website or Application, please contact Meditation Dojo at hello@meditationdojo.com.