TERMS AND CONDITIONS
Last Updated: 05.05.2017
These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on www.zenmixer.net (the “Website”) or through our application (the “App”). Please read these terms and conditions, carefully before using any Services from the Website or App available on Apple App store.
1. Agreement to Terms
By using the Website or the App, you indicate that you accept these Terms and all applicable laws, rules and regulations and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Website and the App.
2. Changes to Terms
We may modify the Terms at any time, in our sole discretion. If we do so, you will be notified about the change on the Website or through e-mail no later than two (2) weeks before the new version of the Terms becomes applicable. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified terms. If you don’t agree to be bound by the modified Terms, then you can’t use the Services anymore.
3. Membership and Subscriptions
3.1 Who May Use the Services
You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law. To make a purchase via the Services (described in the Section titled “Purchases” below), you must be 18 years or older and capable of forming a binding contract. If you are younger than 18 years old, you may make a purchase only with the consent of your parents, guardians, authorized school officials, or counselors.
3.2 Using the Services
Via the Services, users can select from a variety of options to create customized relaxation and self-improvement sessions. Zen Mixer account holders may access the Services in two ways:
(i) Free Trial: a free-of-charge service, which gives access to several meditation sessions.
(ii) Paid Subscription: a subscription fee-based service which gives access to all content including and beyond the 7 Day Meditation Program.
Please note that if you purchase a subscription, 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.
You understand and agree that the Services and any other information you learn from Zen Mixer are not intended, designed, or implied to diagnose, prevent or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. Not all activities described on the Services are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration.
You understand and agree that you are solely responsible for your use of the Services.
3.3 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 Services. We will notify you by email 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 firstname.lastname@example.org
4. Cancellation of Services
We may suspend or terminate your use of the Services 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 Website or the Apps. Any termination, discontinuation or cancellation will not affect your obligations to Zen Mixer under these Terms (including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions), which naturally are intended to survive such suspension, termination or cancellation.
5. Copyright and Rights of Use
All materials (including software and content whether downloaded or not) contained on the Website or the App are owned by Zen Mixer, unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials.
All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on the Website or the App are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material.
Subject to your compliance with these Terms, Zen Mixer grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your own personal non-commercial purposes. Copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.
6. End User License Agreement
You agree not to do any of the following:
8. Services Disclaimer
While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the information contained on the Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk.If there are any faults, please contact us at email@example.com and we will correct the fault as soon as we reasonably can. If the need arises, we may suspend access to the services while we address any faults, or occasionally restrict it to allow for repairs, maintenance or introducing new services. We will not be liable to you if the services are unavailable for any period of time.
9. Medical Disclaimer
Zen Mixer is a provider of online and mobile subscriptions for meditation content in the health & wellness space. We are not a medical device, nor do we provide medical advice. While there is third party evidence that meditation can assist in the prevention and recovery process for a wide array of illnesses as well as in improving a wide array of performance and relationship issues, we make no claims or guarantees that this will be the case by using the Services. Any user experiencing serious medical issues or needing medical advice should consult their doctor.
Any health information and links on the Services are provided simply for your convenience.
Any advice or other materials on the Services 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 personal circumstances. The advice and other materials are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any actions taken due to your having read or been told about such advice or other materials.
In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published on the Services.
10. Links to other website and/or services
We may provide links and information about other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible for any damage, loss or offence caused or alleged to be caused by, or in relation with the user of such websites or services.
You agree to indemnify and hold harmless Zen Mixer and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or Content or your violation of these Terms.
12. Limitation of Liability
Neither Zen Mixer nor any other party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the services or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Zen Mixer has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
13.1 Information Collected About You
We may collect information about you such as:
13.2 Confidentiality and Security
Any information you provide will be held securely and in accordance with applicable privacy laws. We do not provide your personal information to any third party without your specific consent. We have put in place technical, physical, and administrative safeguards to protect the Personal Information we collect. However, you also have a role in protecting the security of your information; for example, you should guard your password and not permit unauthorized use of your account.
13.3 How Information Collected About You Is Used
We may use information we collect about you to:
13.4 With Whom Do We Share Your Information?
Zen Mixer will not disclose any Personal Information about you unless you specifically agreed to by you or:
Zen Mixer does not make your Personal Information available to third parties for their marketing purposes without your consent.
13.5 Children’s Privacy
13.6 Your Rights
You have the right to ask us not to process your personal information for marketing purposes. You can exercise your right to prevent such processing by following the opt-out instruction in the marketing material you receive or by contacting us at any time by email at firstname.lastname@example.org
The Services may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these websites or their policies. Please check these policies before you submit any personal information to these websites.
14. Customer Support
If you have any questions, please contact Zen Mixer at email@example.com