Terms of Use
Who we are and what does this policy cover?
Living Ashram Limited is a company registered in England under company number 11477559, with its registered office at Regina House, 124 Finchley Road, London, United Kingdom, NW3 5JS and VAT number 308 3932 03 (the “Company“). The Company operates the website: https://livingashram.com/ (the “Website“).
1. Understanding these terms of use
1.1 ) These terms of use (these “Terms“) describe how you may access and use the Website.
1.2 ) When certain words and phrases are used in these Terms, they have specific meanings (these are known as “defined terms“). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
1.3 ) In these Terms, when we refer to “we“, “us” or “our“, we mean the Company; and when we refer to “you” or “your” we mean you, the person accessing or using the Website.
1.4 ) Please note, however, that certain services made available by us are governed by additional terms and conditions, including:
1.41. any use of our mobile application, which is governed by our end user licence agreement (available here) (the “End User Licence Agreement“); and
1.42. any subscription for our services taken out by a business, which is governed by our subscription terms applicable at the time a subscription is taken out (the “Subscription Terms“).
1.5 ) Please note that we will use any personal information you provide to us in connection with these Terms in accordance with our privacy policy (available here).
2. The Website
2.1 ) The Website is made available free of charge. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We may update the Website and/or change the content on it at any time.
2.2 ) You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
2.3 ) The Website and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.
3. Your subscription
3.1 ) If you are acting in the course of a business and wish to subscribe for our services, then you will need to take out a subscription with us in accordance with the Subscription Terms (available here).
4. Acceptable use
General
4.1 ) You agree not to:
4.1.1. use the Website in any way that breaches these Terms or any applicable local, national or international law or regulation;
4.1.2. copy, or otherwise reproduce or re-sell any part of the Website unless expressly permitted to do so in these Terms or the Subscription Terms; or
4.1.3. do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website or any equipment, network or software used in operating the Website.
User Generated Content
4.2 ) If it is the case that you supply/upload any content to the Website – whether it be pictures, text, sound recordings or whatever – the content you supply (“User Generated Content“) must comply with the following rules:
4.2.1. it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
4.2.2. it must not harass or bully another person;
4.2.3. it must be true and honest so far as you know;
4.2.4. it must not be defamatory of anyone;
4.2.5. it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own);
4.2.6. it must not contain someone else’s personal details or confidential information relating to other people; and
4.2.7. it must not promote or condone terrorism, violence or illegal behaviour.
4.3 ) We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules.
4.4 ) In addition, we may from time to time provide interactive services on the Website that shall enable you to upload User Generated Content, including, without limitation:
4.4.1. comment facilities; and/or
4.4.2. bulletin boards,
(together “Interactive Services“).
4.5 ) Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.
4.6 ) The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.
Viruses
4.7 ) We do not guarantee that the Website will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software.
4.8 ) You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
5. Intellectual property
5.1 ) We are the owner or licensee of all intellectual property rights in the Website and its content and the “Living Ashram” name and mark. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
5.2 ) You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms (unless expressly authorised to do so under the Subscription Terms). Save as set out in the Subscription Terms, you must not use the Website (or any part of it or its content) for commercial purposes.
5.3 ) No part of the Website, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent (unless you are expressly authorised to do so under the Subscription Terms).
5.4 ) Any communications or materials you send to us through the Website by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your order if you apply to subscribe for our services). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us.
6. Liability
6.1 ) Nothing in these Terms excludes or limits our liability for:
6.1.1. death or personal injury caused by our negligence;
6.1.2. fraud or fraudulent misrepresentation; and
6.1.3. any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
6.2 ) We assume no responsibility for the content of websites linked to from the Website (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
6.3 ) You agree that the Website is not intended as a medical diagnostic tool and does not replace professional medical diagnosis and treatment. Accordingly, to the maximum extent permitted by applicable law (but without affecting clause 6.1), we will not be liable to you for any loss or damage you suffer arising from or attributable to any information and/or services received by you through the Website. Any information provided by us is general information only and any specialist advice should be sought from medical professionals.
If you are a business
6.4 ) If you are acting for purposes relating to your trade, business, craft or profession, then subject to clause 6.1:
6.4.1. in no event shall we be liable to you for any loss of profits, loss of revenue, loss of contracts, failure to realise anticipated savings or for any indirect or consequential loss, whether arising from negligence, breach of contract or otherwise; and
6.4.2. our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to £100.
6.5 ) If you are acting for purposes relating to your trade, business, craft or profession, then you shall indemnify and hold us harmless against any losses, costs, liabilities and expenses suffered or incurred by us and/or our affiliates as a result of any breach of these Terms.
If you are a consumer
6.6 ) If you are acting for purposes that are wholly or mainly outside your trade, business, craft or profession then, subject to clause 6.1:
6.6.1. our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to £100;
6.6.2. nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office; and
6.6.3. we only supply the Website to you for domestic and private use. You agree not to use the Website, or any content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7. Suspension and termination
7.1 ) If you breach any of these Terms or any terms of any End User Licence Agreement and/or Subscription Terms applicable to you, we may immediately do any or all of the following (without limitation):
7.1.1. issue a warning to you;
7.1.2. temporarily or permanently withdraw your right to use the Website;
7.1.3. issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
7.1.4. take further legal action against you; and/or
7.1.5. disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
8. Changes to these Terms
8.1 ) We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms). Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you access and use the Website.
9. Other important information
9.1 ) Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
9.2 ) If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
9.3 ) If you are acting as a consumer (i.e. you are acting for purposes that are wholly or mainly outside your trade, business, craft or profession) and wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
10. Governing law and jurisdiction
If you are a business
10.1 ) If you are acting for purposes relating to your trade, business, craft or profession, then the following sub-clauses shall apply.
10.1.1. These Terms are governed by the laws of England and Wales. This means that your access to and use of the Website, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law.
10.1.2. The courts of England and Wales will have non-exclusive jurisdiction over any disputes between us (both contractual and non-contractual).
If you are a consumer
10.2 ) If you are acting for purposes that are wholly or mainly outside your trade, business, craft or profession then the following sub-clauses shall apply.
10.2.1. These Terms are governed by the laws of England and Wales. This means that your access to and use of the Website, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by the laws of England and Wales.
10.2.2. You may bring any dispute which may arise under these Terms to – at your discretion – either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court – competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is in an EU Member State or otherwise the competent court of England.
10.2.3. If you are resident in the European Union and we direct this Website to (or you otherwise pursue commercial or professional activities in) the member state in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including clause 10.2.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
Contacting us
Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by clicking here or by using the following details:
Address: Regina House 124, Finchley Road, London NW3 5JA
Email address: info@livingashram.com
Thank you.
Terms last updated: 20th September 2019