SOUL ALIVE TERMS AND CONDITIONS
This collection notice outlines how we (Soul Alive), collect and handle your personal information in compliance with the Privacy Act1988 (Cth).
1. Why we collect your personal information and how we will use it
We collect and use your personal information for the purposes of carrying out our business of providing live streamed meditation classes. We use your personal information to tailor our products and services to support your learning and to send you information about our products and services, offers and promotions, updates on your progress and to communicate changes to our services or terms and conditions.
2. Circumstances where we collect your personal information and you may not be aware
i. We use “Cookies” to monitor your use of our website. Cookies are small files that are transferred to your computer's hard drive through your web browser and enable our site to recognise your browser and remember certain information. You should be able to configure your computer so that it disables cookies or does not accept them.
ii. We also use analytics tracking in our app, website and web app.
iii. Sometimes we video record our workshops and seminars.
4. Sensitive Information
Some personal information we collect will be more sensitive. For example, how you feel before and after each meditation class. We collect this information so we can support your learning and provide you with tailored programs. We will not disclose your sensitive information to any other party.
5. Direct Marketing
We also use your personal information to send you marketing materials and information about our products and services, offers, promotions and materials to support your learning. This includes emailing you our newsletter. We will not use any sensitive information we collect from you for direct marketing without your prior consent.
If you change your mind in the future, you may withdraw your consent by clicking on the “unsubscribe” link on emails or by contacting us at email@example.com
6. What are the consequences of you not providing your personal information?
It may be difficult for us to provide you with our full range of services. In particular, if you do not provide your full name and email address you will not be able to register an account. In order to register an account for the Soul Alive mediation classes you need to provide the name and email address.
7. Who we are likely to disclose your personal information to
iv. Squarespace, Inc. which provides the infrastructure for us to host our website;
v. MailChimp Pty Ltd for our email distribution activities;
vi. Moonclerk & Stripe. to process payment of purchases;
vii. Any other agents we engage to provide services to you.
We will not disclose your sensitive information to any other party.
8. How can you access, update or make a complaint about our handling of your personal information?
1.1 The website, located at soulalive.com.au (Website), and private Instagram account, @soulalive_au (Application), are operated by Soul A Live Pty Ltd.
2. Registration, Payment & Auto-renewals
2.1 In order to attend Soul Alive meditation classes, you will need to register as a user (Registered User) and create an account (Account).
2.2 Upon becoming a user (Registered User) you agree to begin making payments to Soul Alive on a recurring basis, and shall be charged the agreed amount upon registering. All billing cycles are renewed automatically. Fees for the current cycle (weekly) (the “Billing Cycle”) are based on the prevailing rate on the first date of such cycle according to the service selected. All Fees are stated, and shall be paid, in Australian Dollars, are non-refundable.
2.3. Payment Processing. You agree to promptly notify us of any changes to your billing information. In case you pay with credit card, you hereby authorise us to charge your credit card on a recurring basis for all applicable fees and to store your credit card information on our servers and/or on third parties’ payment processing providers servers.
2.4 The service is provided on an ongoing subscription basis and is automatically renewed every week, unless either party gives the other notice of non-renewal before the beginning of the next subscription cycle.
2.5 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.
2.6 Access to the private Soul Alive Instagram account 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 too) 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.
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.
4. Limitations on Use
4.1 By accessing and using the Website or Application you warrant and agree that you will:
(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;
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 of 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 trade marks, 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 Soul Alive 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. Soul Alive Subscription
7.1 The meditation classes are delivered in good faith and are designed to promote stillness and awareness and introduce people to the benefits of meditation.
7.2 Once you have become a Registered User and requested to follow the @soulalive_au Instagram page you will be accepted in the group and can begin to attend classes.
7.4 You warrant and agree that:
(a) by placing a Subscription with us you are a Registered User;
(b) your subscription is just for your own personal use;
(c) you are responsible for any error, omission or cost arising from a failure or delay to provide all information necessary to complete the Subscription;
(d) you will keep your Account details including your username and password confidential and secure;
(e) you will be solely responsible for all Subscriptions made through your Account and any Sub-Account created.
7.5 Our promotion of Products is only an invitation to treat and does not of itself constitute an offer to sell or guarantee the availability of the Product.
7.6 There may be Products in the Application that require payment before the Subscription can be processed (Paid Subscriptions). Paid Subscriptions will not be provided until payment in full has been received by us.
7.7 The prices displayed on the Website for Paid Subscriptions are current at the time of display but are subject to change. All prices are advertised in Australian dollars and are inclusive of GST (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
7.10 In circumstances where the Non-Excluded Guarantees do not apply, 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 use of the Product or Paid Product.
7.11 You acknowledge that you do not rely on the skill or judgment of us when deciding whether or not the subscription is fit for any particular purpose.
8. Third Party Websites and Applications
8.1 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.
8.2 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.
8.3 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.
8.4 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. Email Notifications and Push Notifications
9.1 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.
9.2 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.
9.3 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.
9.4 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.
9.5 You can choose to stop receiving Push Notifications at any time through the Application’s settings menu.
10 Suspension or Termination
10.2 In the above instances, we will endeavour to notify you of the breach and ways in which you can remedy it.
10.3 Should you fail to remedy the breach within a reasonable time, you must immediately delete or remove the Application from any and all mobile devices and immediately destroy all copies of the Application in your possession or control and certify, if requested by us, that you have destroyed copies of the Application.
11. Exclusion of Warranties
11.1 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.
11.2 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;
(c) the loss, damage or corruption of any data or other material as a result of the use of the Website or Application.
11. 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).
11. 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 health care professional.
12. Limitation of Liability
12.1 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;
(c) the unauthorised access of your Account or Sub-Account (if applicable);
(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.
12.2 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).
14.5 For further information on using this Application, please contact Soul A Live at firstname.lastname@example.org.
15. Termination of Subscription
15.1 Termination by Soul Alive. Soul Alive may terminate your use of the Soul Alive Service at any time and without prior written notice in any case where it believes that you have breached these Terms and such reach may cause Soul Alive irreparable harm unless your User Account is terminated immediately. Upon termination of these Terms, you shall cease all use of the Soul Alive Services.
15.2 Termination by you. Without derogating from your obligation to pay applicable Fees, you as the Registered User may terminate your subscription to the Service by cancelling your Account through accessing the settings in your account or by sending a cancellation request to us at email@example.com, in which case we will use commercially reasonable efforts to respond within a reasonable time. The cancellation will take effect at the end of the then-current Billing Cycle and you will not be charged for the subsequent Billing Cycle. For clarity, any Fees paid up to then-current Billing Cycle before a request for cancellation are not refundable.