Terms and Conditions
Effective: September 2019
These Terms and Conditions (“Terms”) are an agreement between Acharya Shunya, LLC and you or the entity you represent ("you").We reserve the right to change these Terms at any time, without any prior notice to you or any Site visitor. Any updates to the Terms will apply to you prospectively, so you should check back each time you return to the Site for any updates.
2. Medical and Therapeutic Disclaimer
We provide Materials on the Site for general informational purposes only, and these are not intended or implied to serve as medical or therapeutic advice, diagnosis or treatment. You should not use this information to diagnose or treat any health issues, illnesses or diseases. The Site is not providing any medical or therapeutic advice. If you have or suspect you have a health or medical problem, you should consult with your doctor or therapist.
3. Registration and Account Management
You are responsible for all activities with your account. You must have reached the age of consent for online services in your country.
For most activities on the learning platform you must be a registered user with a username and password. You can register on the site by creating an account. Keep your password somewhere safe, because you are responsible for all activities associated with your account. If you suspect someone else is using your account, let us know by contacting us at email@example.com. You must have reached the age of consent for online services in your country to use our site.
You need an account for most activities on our platform, including to purchase and enroll in a course or to submit a course for publication. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user will be closed.
4. Course Enrollment and Access
When you enroll in a course, you get a license from us to view it via Acharya Shunya’s online wisdom school and no other use. Don’t try to transfer or resell courses in any way.
In legal, more complete terms, Acharya Shunya grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by an authorized representative.
Each course comes with access for certain days or lifetime access. This will be specified in each course description. However we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons.
5. Payments, Credits, Refunds
When you purchase a course, you agree to make the payment using a valid payment method. If you aren’t happy with your purchase we offer a 30-day refund or credit for our courses.
We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout). Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available to new users only.
You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card for those fees. Acharya Shunya works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payments.
c. Subscriptions/Installment Plans
Monthly Payments will be automatically withdrawn in the manner that you elected in the Subscription Plan. Subscription plans cannot be cancelled or modified. You may make no offset upon any amounts due to us. If your method of automatic payment has changed and you have not updated the setting in the Subscription Plan, or if we cannot otherwise make the automatic withdrawal, you agree to pay all upon demand. Following any such non-payment, we may require you to provide a second valid credit card. You authorize us to charge outstanding fees and other amounts due us against any credit card you have on file with the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using collection agencies.
If your account is more than 30 days past due, and is forwarded to a collection agency, you will additionally be liable for any recovery fees charged by the agency. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any problems or discrepancies within 90 days after they first appear on your credit card statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
d. Refunds and Credits
If the course you purchased is not what you were expecting, you can request a refund or credit, within 30 days of your purchase of the course. No credit or refund is due to you if you request it after the 30-day guarantee time limit has passed.
To request a credit/refund, email us at firstname.lastname@example.org.
At our discretion, if we believe you are abusing our credit/refund policy, we reserve the right to ban your account and to restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Terms you will not be eligible to receive any credit or refund.
6. Content and Behavior Rules
You are responsible for all the content you post on our platform without infringing any copyright or intellectual property violations of others. By posting on our platform you grant us rights to use and share the content for any purpose. We reserve the right to terminate your account for repeated major offenses.
You are responsible for all content posted and activity that occurs under your account (collectively, "User Content"). By posting User Content, you:
Promise that you have the right to allow such User Content to be posted;
Grant us a perpetual, worldwide, royalty-free, transferable, sub-licensable, right to use and share User Content in any manner and for any purpose in any and all formats and technologies;
Agree that User Content is subject to being changed, rejected, or deleted at any time without notice or explanation to you;
Agree that we are free to use any information contained in User Content you send to the Site or to us, without compensation of any kind; and
Irrevocably waive any claims based on moral rights, if any. User Content will be treated as non-confidential and will not be returned to you.
You also agree that we have no obligation to examine or enforce any intellectual property rights in or to your User Content.
b. Behavior Rules
You agree to use the Site only for lawful purposes. Unacceptable uses of the Site include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Site or any other computer network; (vii) disseminating or transmitting viruses, spyware, adware, or any other malicious or invasive code or program; or (viii) engaging in any other activity we deem to be inconsistent with the spirit or intent of this Site.
7. Intellectual Property Rights
We own the rights to all the materials on this site and grant you access as laid out in these terms for personal viewing only. For any other use please acquire a written permission.
We grant you a license to view and use the Materials subject to these Terms. Unless otherwise specified, the Materials on this Site are for your individual personal and non-commercial use. You may not sell or modify the Materials or reproduce, transfer, upload, post, display publicly, or otherwise use the Materials in any way other than as permitted by US copyright law or these Terms. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from us. So, for example, you are prohibited from uploading any of our Materials to any third party website or platform including social network platforms such as YouTube or Facebook, or to text platforms such as scribd. Likewise, you may not make our Materials available to anyone else via peer-to-peer sharing technology even if the Materials remain on your computer or device.
We or our affiliates own, control or license the Materials available on the Site, and the Materials on the Site are protected from unauthorized use, copying and dissemination by US and international intellectual property laws Any commercial or promotional distribution, publishing or exploitation of the Site, or any content, code, data or Materials on the Site is strictly prohibited, unless we have provided you with our prior written permission.
You may create a plain text hyperlink to the pages of our Site provided that neither you nor the link portrays us or any of our products and services in a false or disparaging manner or suggests sponsorship, affiliation or endorsement by or with us. We may revoke this permission at any time for any reason upon notice to you. You may not “frame,” inline link, or similarly display any of our content or property, including, without limitation, the Site. You may not use any of our trademarks as part of the link without our express written permission.
8. Third Party Websites
We are not liable for any content posted on any other third party websites that are not affiliated with Acharya Shunya.
This Site may link you to other third party sites on the Internet. Any links on this Site to other pages have been provided as a convenience, but we do not control or endorse these linked websites, nor review or approve the content that appears on the linked websites. You acknowledge and agree that we will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods, or services available on or through the linked websites.
9. Legal Terms
Like any legal contract these are important legal terms that clarify the legal relationship between you and us.
a. Binding Agreement
You agree that by registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with Acharya Shunya. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Acharya Shunya or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
c. Limitation of Liability
Under no circumstances will the Acharya Shunya be liable to you or to any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) for any loss or damages of any kind that are directly or indirectly related to the Site, its performance, the Materials, User Content; any errors or omission in the Site; any damage to any user’s computer, hardware, software, wireless devices, or technology, even if foreseeable or even if the Acharya Shunya have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort. In no event will any site or Acharya Shunya be liable to you or anyone else for loss, damage or injury. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. In no event will the Acharya Shunya total liability to you for all damages, loss, or causes of action, if any, exceed ten United States dollars.
If you behave in a way that gets us into legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Acharya Shunya, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
e. Dispute Resolution/Mediation/No Class Relief
If any controversy, allegation or claim arises out of or relates to the Site, the Materials, your use of the Site, and these Terms, then you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. If we do not have a current address for you, then we have no obligation under this section.For a period of sixty days from the date of receipt of notice from the other party, we will engage in a dialogue with you in order to attempt to resolve the dispute though nothing will require either of us to resolve the dispute on terms with respect to which either you or we, in each of our sole discretion, are not comfortable.
All disputes arising out of or relating to these Terms or your use of the Site and unresolved via dialog will be exclusively resolved under confidential binding arbitration held in Alameda County, California before and in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, disputes will be mediated only on an individual basis and will not be consolidated with any other proceedings that involve any claim or controversy of any other party, whether through class arbitration proceedings or otherwise. But if, for any reason, any court with competent jurisdiction or any mediator selected pursuant to this section holds that this restriction is unconscionable or unenforceable, then our agreement to mediate in this section will not apply and the dispute must be brought exclusively in court pursuant to the following paragraph.
Except to the extent that mediation is required, any action or proceeding relating to any dispute may only be instituted in federal court in Alameda County, California. Accordingly you and we consent to the exclusive personal jurisdiction and venue of such courts for such matters.
Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in Alameda County, California to enforce these Terms or to prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such courts.
f. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of California, USA without reference to its choice or conflicts of law principles. Where the “Dispute Resolution/mediation/no class relief” section does not apply, you and we consent to the exclusive jurisdiction and venue of federal and state courts in San Francisco, California, USA.