Terms & Conditions

Last updated: November 22, 2024

Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Jade Whisper. By accessing our website, registering for sessions, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you do not agree with these Terms and Conditions, you must not use our website or services. We recommend reviewing these terms periodically, as your continued use following any modifications indicates acceptance of those changes.

User Obligations and Conduct

General Conduct Requirements

As a user of our services, you agree to:

  • Provide accurate, current, and complete information when requested
  • Maintain the security of any account credentials or personal information
  • Notify us promptly of any unauthorized use of your account
  • Respect the rights, property, and dignity of other participants and instructors
  • Comply with all applicable local, state, national, and international laws
  • Use our services only for lawful purposes and in accordance with these terms

Prohibited Conduct

You expressly agree not to engage in any of the following:

  • Misrepresenting your identity or affiliation with any person or entity
  • Engaging in any conduct that is abusive, threatening, obscene, defamatory, or libelous
  • Interfering with or disrupting our services or servers
  • Attempting to gain unauthorized access to any part of our services or systems
  • Using automated systems or software to extract data from our website
  • Reproducing, duplicating, or copying any content without authorization
  • Transmitting viruses, malware, or any harmful code

Content Guidelines

Any content you share through our services, including feedback, questions, or comments, must be respectful and appropriate. We reserve the right to remove any content we deem inappropriate without prior notice or explanation.

Age Restrictions and Requirements

Our services are intended for individuals who are at least eighteen years of age. By using our services, you represent and warrant that:

  • You are at least eighteen years old, or have obtained parental or guardian consent
  • You have the legal capacity to enter into this binding agreement
  • You are not prohibited from using our services under any applicable law

Minors may participate in our sessions only with proper supervision and parental consent. Parents or guardians are responsible for monitoring minor participation and ensuring compliance with these terms.

Indemnification

You agree to indemnify, defend, and hold harmless Jade Whisper, its instructors, employees, affiliates, and partners from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable legal fees, arising out of or in any way connected with:

  • Your access to or use of our services
  • Your violation of these Terms and Conditions
  • Your violation of any third-party rights, including intellectual property rights
  • Any content you submit, post, or transmit through our services
  • Your conduct in connection with our services

Disclaimers and Limitation of Liability

Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties regarding the accuracy, reliability, or completeness of content
  • Warranties that our services will be uninterrupted or error-free
  • Warranties that defects will be corrected or that our services are free of harmful components

Limitation of Liability

To the fullest extent permitted by applicable law, Jade Whisper and its affiliates shall not be liable for:

  • Any indirect, incidental, special, consequential, or exemplary damages
  • Loss of profits, goodwill, data, or other intangible losses
  • Damages resulting from your use or inability to use our services
  • Damages resulting from unauthorized access to or alteration of your data
  • Any conduct or content of third parties on our services

In no event shall our aggregate liability exceed the amount you paid for the specific service giving rise to the claim, or one hundred dollars, whichever is less.

Assumption of Risk

You acknowledge that participation in tea ceremony sessions and mindfulness practices involves inherent risks. You voluntarily assume all risks associated with your participation, including but not limited to physical activity, handling of hot liquids, and emotional engagement in contemplative practices.

Intellectual Property Rights

Ownership

All content, materials, and intellectual property on our website and in our services are owned by or licensed to Jade Whisper. This includes but is not limited to text, graphics, logos, images, audio, video, software, and the compilation thereof.

Restrictions

You may not, without our express written permission:

  • Reproduce, modify, adapt, or create derivative works from our content
  • Distribute, publicly display, or perform our content
  • Remove any copyright, trademark, or other proprietary notices
  • Use our content for commercial purposes

Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms and Conditions by reference. By using our services, you consent to:

  • The collection and use of your information as described in our Privacy Policy
  • The processing of your data in accordance with applicable laws
  • Our use of cookies and similar technologies as outlined in our Cookie Policy

Please review our Privacy Policy to understand how we collect, use, and protect your information.

Governing Law and Jurisdiction

Applicable Law

These Terms and Conditions shall be governed by and construed in accordance with applicable laws, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts in the applicable venue for resolution of any disputes.

Dispute Resolution

Any disputes arising from these Terms and Conditions or your use of our services should first be addressed through direct communication with us. We are committed to resolving concerns amicably and in good faith before resorting to formal legal proceedings.

Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms and Conditions to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of nature, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, or strikes.

General Provisions

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any other legal notices or agreements published on our website, constitute the entire agreement between you and Jade Whisper regarding your use of our services.

Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way.

Waiver

No waiver of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms and Conditions or any rights or obligations hereunder without our prior written consent. We may assign these terms without restriction. Any attempted assignment in violation of this provision shall be null and void.

Modifications

We reserve the right to modify these Terms and Conditions at any time. We will provide notice of material changes by updating the "Last updated" date and posting the revised terms on our website. Your continued use of our services following such changes constitutes your acceptance of the modified terms.

Questions or Concerns

If you have questions about these Terms and Conditions, need clarification on any provisions, or have concerns about your use of our services, please contact us. We are committed to addressing your questions and ensuring you understand your legal rights and obligations.

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