
TERMS & CONDITIONS
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TERMS & CONDITIONS:
Effective Date: January 23, 2023
Please read these notices, terms, and conditions (“Terms”) carefully before using Our Service.
ACCEPTANCE OF TERMS
This is a website of Shankara LLC (“we” “our” or “us” or “Shankara”). Use by you of this Website and any other related or future websites operated by us (the “Future Sites”), together with all associated servers (“Servers”) and all of the functions on or in or available from this Website or any other Future Site or the Servers is subject to the following terms and conditions (“Terms and Conditions”) and any other terms and conditions contained on, in or available through a Future Site.
By accessing the website at www.theshankaraexperience.com and related websites you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. You agree that you will not use our Services or products to break any laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. All materials contained in this website are protected by applicable copyright and trademark law.
BY VISITING THIS WEBSITE AND/OR RELATED WEBSITES, SUCH AS SHRIKRISHNA.COM and SACREDACTIONCARDS.COM, YOU ACKNOWLEDGE THAT YOU:
- HAVE READ THESE TERMS,
- UNDERSTAND THESE TERMS, AND
- ACCEPT AND AGREE TO BE BOUND BY THEM.
You must be at least 18 years old to access this Website or to purchase products and/or Services from Us.
You agree that you are accessing the Services on a Shankara website for business and personal purposes. If you are using the Service on behalf of an organization, You are agreeing to these Terms for that organization and confirming now that you have the authority to bind said organization to Our Terms of Service (in which event, “You” and “Your” will refer to that organization).
If you do not agree with these Terms, or are under 18 years old, please do not use the Services or Our Website. If at any time you are
not willing to be bound by these Terms, You should:
- Click the “I do not accept” or similar button,
- Terminate any download and/or installation process,
- Immediately cease and refrain from accessing or using the program, and
- Delete any copies you may have.
ACCOUNTS
As part of the registration or account creation process, You will create or receive personally identifying login credentials. Certain personally identifying information, such as email address, phone number, billing address and even payment information (as may be applicable to particular Services which may be offered for sale via this Website), may also be required. Such registration information must be accurate and current.
The benefits, rights, and obligations afforded under these Terms are personal to You. You agree not to assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the Services and materials (including, but not limited to, audio and/or visual presentations, documentation, software, printed or digital materials, and other elements characterizing Our Services, also known as the “Content”) on this Website and other Shankara LLC websites, or any part of such Content, or share your rights under these Terms to and with others.
You agree that You will not provide false information to Us in generating Your account. Specifically, You agree that you will not
- Select or use the login credentials of another person or company with the intent to impersonate that person or company; or
- Use login credentials in which another person or company has rights without such person’s or company’s authorization.
Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate suspense or termination of your account.
Only authorized users, who have duly attained access to the Content by personally agreeing to these Terms are permitted participation in and use of the Services, Content, and related materials. Except as expressly authorized by these Terms. You shall not provide or make available any Content, or any license key to any third party, or use the Content, or any license key, to teach any third party any portion of the Services or for any purpose other than exercising rights expressly granted to you by these Terms.
You are responsible for maintaining the confidentiality of Your login credentials. We reserve the right to terminate or suspend Your access to the Services if You share Your credentials or transfer such credentials to another party.
You are responsible for all usage or activity on your account on this Website and related Social Media, including use of the account by any third party authorized by you to use your login credentials.
INTELLECTUAL PROPERTY
The contents of the the Website, Content, and any products and services, and any materials made available via related Social Media, are protected by United States copyright, trademark, and other intellectual property laws and international treaties and owned or controlled by Shankara LLC, or the party credited as the provider of the Content. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.
By accepting these Terms, You further acknowledge and agree that We and Our third party licensors own and shall continue to own all right, title, and interest in and to the Content and other elements of Our Services, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws.
Except for any limited, revocable license expressly granted to you herein, these Terms do not grant you any ownership or other right or interest in or to the Content and/or other elements of the Services, or any other intellectual property rights of Ours, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that We use in connection with the Services are marks owned by Us.
These Terms do not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except where expressly permitted for the storage of downloadable material), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
This means that if you post Our content, images, or writing on social media, you are infringing on Our rights. If you would like to share Our content, you can only do it by Sharing something that We or other affiliated companies already posted, whether it be on Facebook, Instagram, Twitter, and many other social media outlets.
Any such imagery and content to the extent you are granted permission to use, needs to correctly include credit to The Shankara Experience, including the web site URL: TheShankaraExperience.com
DONATIONS
Shankara LLC is not a charity. Although we are a needy startup, we are a for-profit company.
These Terms and Conditions apply separately to each single donation that you make, whether you select Once or Monthly on TheShankaraExperience.com/donate page. By confirming on the website that you wish to make a donation, you agree to be bound by these Terms and Conditions for that donation.
(1) The donation services
We will use your donation at our discretion but within our startup standards, putting the money into marketing, technology, website and server maintenance, customer service, and infrastructure)
All payments through the Website are to be made through WooCommerce and Stripe on the website.
Once you confirm to us through the Website that you wish to proceed with your donation, your transaction will be processed through our payment services provider, WooCommerce and/or Stipe. By confirming that you wish to proceed with your donation, you authorize WooCommerce to request funds from your credit, debit, or PayPal card provider.
(2) Unauthorised card use
If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider.
(4) Information from you
Before we can process a donation, you must provide us with (i) your name, address, and email address; and (ii) details of the credit or debit card that you wish to use to fund the donation. We will use this information to process your donation. It is your responsibility to ensure you have provided us with the correct information.
When you submit your payment details, these details will be transferred to our payment provider, WooCommerce or Stripe, and your payment data will be collected and processed securely by them. You should make sure that you are aware of WooCommerce’s and Stripe’s terms and conditions, which are different from our own, to ensure that you are comfortable with how they will process your personal data before you make a donation.
We won’t share your personal details with any other third party other than what is set out in our Privacy Policy. Our Privacy Policy forms part of these Donation Payment Terms and Conditions, and by agreeing to these Terms and Conditions you are also agreeing to the way we use and protect your personal information in line with our Privacy Policy.
(5) Refund policy
If you make an error in your donation, please contact us through the website contact page or by email to theshankaraexperience @ gmail.com.
(6) If you chose Monthly donations
These Donation Payment Terms and Conditions will only apply to successive donations made through the Website where you have set up a monthly donation on the website page Theshankaraexperience.com/donate. When you set up a regular donation, you will be scheduling a series of donations to be made on the day of the month that you choose until further notice. You agree that these Terms and Conditions will apply to each of the donations in that series. By confirming that you wish to proceed with a monthly donation, you authorize our payment service provider WooCommerce to request funds from your credit or debit card on the day of each month that you set.
To cancel your regular donation, please contact us at the email or contact page stated above.
(7) General
We reserve the right to amend these Donation Payment Terms and Conditions at any time.
These Donation Payment Terms and Conditions are governed by United States law and are subject to the exclusive jurisdiction of US courts.
LINKS TO OTHER WEB SITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be 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 or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
DOWNLOADS
You acknowledge and agree in relation to any downloads which are accessed on or via a Future Site (“Download”) that (i) you have a right of license to such Download, you do not own any intellectual property rights in such Download and your use of such Download may be subject to an applicable end user licence agreement; (ii) you are not permitted to modify, copy, commercially exploit, resell or otherwise use a Download in any way which is contrary to applicable laws or regulations.
PLACING ORDERS FOR PRODUCTS
By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.
Your Information
If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Products availability
- Errors in the description or prices for Products
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Products you purchase can only be returned or refunded in accordance with these Terms and Conditions or otherwise as expressly stated on our web site.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Products on the Service. The Products available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Payments
Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You.
To the maximum extent permitted by applicable law, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” AND “AS AVAILABLE” DISCLAIMER
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
In no event will We be liable to You or any party related to You for any damage, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if We have been advised of the possibility of such damages. As such THE SERVICES, CONTENT AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED AS AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN RISK.
Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
NO WARRANTIES
By accepting these Terms, You agree and understand that our products and services do not guarantee specific results.
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:
- this website or our content will meet your requirements;
- this website will be available on an uninterrupted, timely, secure, or error-free basis.
The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.
Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.
You understand that we provide training and intuitive reading services and products only and we make no promise or representation as to the kind of results you might personally attain as a result of using any of our services or products. Any reviews or statements on this web site or related Social Media are based on actual individual results and or estimates as may be stated. There is no guarantee that you will achieve these results yourself. As with any personal growth pursuit, spiritual training, or business, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond Our control, including some variables that neither We nor You may have anticipated. There are no guarantees concerning the level of success You may experience. Each person’s results will vary. The use of our information, products and services should be based on your own due diligence and YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR SUCCESS OR FAILURE. We guarantee to specific results. You acknowledge that We make no promise or representation that You will have a specific result in your unique circumstances as a result of these services or products.
Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
SEVERABILITY AND WAIVER
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Governing Law
These Terms in all respects shall be governed by and construed according to the laws of the State of Colorado. The venue for any dispute shall be in the County of Denver.
This Agreement is entered into in Denver County, Colorado. You agree and consent to the exclusive jurisdiction and venue of the state of Colorado and county of Denver for any dispute arising from or related to this Agreement. Should any part of these Terms be declared void or unenforceable, that term shall be severed from these Terms and such declaration shall have no effect on the enforceability of the remaining terms. Correspondence should be sent HERE.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
DISPUTES RESOLUTION
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
SEVERABILITY AND WAIVER
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
CONSENT TO USE INFORMATION
By accepting these Terms, you agree that We may collect, use and disclose your identifying information obtained as a result of Your membership, for the following purposes:
- the processing of this membership application; and
- the administration of the membership with our organization
Please visit the Privacy Policy for further details on our data protection policy, including how You may access and correct your personal information or withdraw consent to the collection, use or disclosure of your personal information.
Additionally, when You communicate with Us, send Us information, or provide Content to Us, You grant Us a non-exclusive, worldwide, perpetual, royalty-free right to exercise all copyright and publicity rights that You have in such Content, in any manner whatsoever, in any media now known or which may be created in the future, as relates to this Website, the Services, and related Social Media.
TERMINATION
We may elect to terminate the Services on this Website and others at Our discretion without notice to You or any liability for any reasons whatsoever, including without limitation, if You breach these Terms. You may terminate any account You establish via this website at any time upon written notice to Us.
MISCELLANEOUS
These Terms may not be modified or amended orally, impliedly, or in any manner not set forth in a duly executed writing or otherwise permitted by these Terms.
We reserve the right to modify, terminate, or otherwise amend Services available via this Website and related Social Media accounts. We may, in the future, offer new and/or different services and/or features through its Website and associated Social Media accounts. Such new features and/or services shall be subject to these Terms.
Our failure to enforce any rights granted by these Terms or to take action against any other party in the event of any breach shall not be deemed a waiver by Us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.