Terms and Conditions

General Information

These Terms and Conditions constitute a legally binding agreement made between Subramuniya Sanctuary SRL, a company duly organized and existent under the laws of the Republic of Costa Rica, located in: Guanacaste, Costa Rica (the “Company”) and the client (the “Client”), concerning the Client’s access to and use of the https://sivaashram.org website any other media form, media channel, application, linked, or otherwise connected thereto (collectively, the “Products”). The Client agrees that by accessing the Products, the Client has read, understood, and agree to be bound by all of these terms and conditions. If the Client does not agree with all of these terms and conditions, then it is expressly prohibited from using the Products and must discontinue its use immediately. The Client must be at least 18 years of age to use the Products; by the Client using the Products or agreeing to these terms and conditions, the Client warrant and represent to the Company that the Client is at least 18 years of age. The Company uses cookies; by the Client using the Products or agreeing to these terms and conditions, the Client consent to the use of cookies in accordance with the terms of the Company’s privacy policy. Any questions related to these terms and/or the scope of this agreement can be addressed to the following email: info@sivaashram.org.

Change of conditions

As the terms and conditions may be updated from time to time, the Company recommends that the Client checks this page regularly to take notice of any changes that the Company may have made. The Company reserves the right, at its sole discretion, to make changes or modifications to these terms and conditions at any time and for any reason. The Company will notify users of any change by posting such changed or updated terms on this page. Any changes or updates will be effective immediately upon posting. If the Client continues to use the Products, it constitutes the Client’s agreement to abide by the terms as changed. It is the Client’s responsibility to periodically review these terms and conditions to stay informed of updates.

Client’s representations

By using the Products, the Client represents and warrants:

All registration information submitted will be true, accurate, current, and complete.
To maintain the accuracy of such information and promptly update such registration information as necessary.
It is legally capable of entering into binding contracts.
Is at least 18 years old.
All information submitted is truthful and accurate and it will be maintaining that way.
The use of the Products does not violate any applicable law or regulation.
Not access the Products through automated or non-human means, whether through a bot, script, or otherwise.
Not use the Products for any illegal or unauthorized purpose.

If the Client has provided any information that is untrue, inaccurate, not current, or incomplete, the Company will have the right to suspend or terminate the Client’s account and refuse any and all current or future use of the Products (or any portion thereof).

Subscriptions

By signing up as a user of the Products, the Client will have access to the Products content and information.

As a member, the Client will receive access to certain sections, features and functions of the Products that are not available to non-subscribers.

By agreeing to subscribe the Client may receive occasional special offers, marketing, and survey communication emails with respect to the Products. The Client can easily unsubscribe by following the opt-out instruction sent in the emails.

The Company’s subscriptions are not transferable and therefore the Client agree to not sell, transfer, or exchange subscriptions in any way or under any circumstance.

The information provided on the Products is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

The Products are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Products.

Payment

The Client is responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by the Client.

The Company’s obligation to provide the Products only comes into being when the Company take receipt of the Client’s order. The Company will confirm the purchase by email. The Company shall confirm the Client’s order and send an email to confirm the Client’s access to the subscription purchased.

Prices in US Dollars include local taxes.

All prices include VAT unless otherwise stated.

The Client agrees not to hold the Company responsible for banking charges incurred due to payments on the Client’s account. If payments are not received by the Company from the payment method the Client provided, the Client agrees to pay all amounts due upon demand by the Company.

The Company reserves the right to change the subscription plans or adjust pricing for service or any components thereof in any manner and at any time as the Company may determine in its sole and absolute discretion. Except as otherwise expressly provided for in these terms, any price changes or changes to the Client’s subscription plan will take effect following notice to the Client.

Cancelations

Client can proceed canceling the services by sending a cancellation request to info@sivaashram.org The Company may suspend or terminate the Client’s use of the Products as a result of Client’s fraud or breach of any obligation under these terms. Such termination or suspension may be immediate and without notice.

Prohibited Activities

The Client may not access or use the Products for any purpose other than that for which the Company make the Products available.

The Products may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Company.

As a user of the Products, the Client agrees not to:

Systematically retrieve data or other content from the Products to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from the Company.
Make any unauthorized use of the Products, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases of the Products.
Use the Products to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Products, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Products and/or the content contained therein.
Trick, defraud, or mislead the Company and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of the Company’s support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden of the Products or the networks or services connected to the Products.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer the Client’s profile.
Use any information obtained from the Products in order to harass, abuse, or harm another person.
Use the Products as part of any effort to compete with the Company or otherwise use the Products and/or the content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Products.
Attempt to bypass any measures of the Products designed to prevent or restrict access to the Products or any portion of the Products.
Harass, annoy, intimidate, or threaten any of the Company’s employees or agents engaged in providing any portion of the Products to the Client.
Delete the copyright or other proprietary rights notice from any content.
Copy or adapt the Product’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Products or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Products.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Disparage, tarnish, or otherwise harm, in the Company’s opinion, us and/or the Products.
Use the Products in a manner inconsistent with any applicable laws or regulations.

Intellectual Property Rights

Unless otherwise indicated, the Products are property of the Company and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Products (collectively, the “Content”) and the trademarks, service marks, and logos contained therein are owned or controlled by the Company or licensed to the Company, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Costa Rica, foreign jurisdictions, and international conventions.

The Content and the marks are provided for the Client’s information and personal use only. Except as expressly provided in these terms and conditions, no part of the Products and no Content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without the Company’s express prior written permission. Provided that the Client is eligible to use the Products, the Client is granted with a limited license to access and use the Products and to download or print a copy of any portion of the Content to which the Client have properly gained access solely for itself, non-commercial use.

Submissions

The Client acknowledges and agrees that any questions, comments, suggestions, ideas, feedback, or other information regarding the Products (“Submissions”) provided by the Client to the Company are non-confidential and shall become sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to the Client.

Management

The Company reserves the right, but not the obligation, to:

Monitor for violations of these terms and conditions.
Take appropriate legal action against anyone who, in the Company’s sole discretion, violates the law or these terms and conditions, including without limitation, reporting such user to law enforcement authorities.
At the Company’s sole discretion and without limitation, notice, or liability, to remove from the Products or otherwise disable all files and content that are excessive in size, are in any way burdensome to our systems or that the Company no longer wishes to keep offering.

Otherwise manage the Products in a manner designed to protect the Company’s rights and property and to facilitate the proper functioning of the Site.
Privacy Policy

The Client may be asked to provide certain personalized information to the Company. The information collection and use policies with respect to the privacy of such User Information are set forth in the Company’s Privacy Policy. The Client acknowledges and agrees that it is responsible for the accuracy and content of the Information and agrees to keep it up to date.

Modifications and Interruptions

The Company reserves the right to change, modify, or remove the Products at any time or for any reason at its sole discretion without notice. The Company has no obligation to update any information on the Products.

The Company also reserves the right to modify or discontinue all or part of the Products without notice at any time.

The Company will not be liable to the Client or any third party for any modification, price change, suspension, or discontinuance of the Products.

The Company cannot guarantee the Products will be available at all times. The Company may experience hardware, software, or other problems or need to perform maintenance related to the Products, resulting in interruptions, delays, or errors.

The Company reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Products at any time or for any reason without notice to the Client. The Client agrees that the Company has no liability whatsoever for any loss, damage, or inconvenience caused by the Client’s inability to access or use the Products during any downtime or discontinuance.

Nothing in these terms and conditions will be construed to obligate the Company to maintain and support the Products or to supply any corrections, updates, or releases in connection therewith.

Governing law

These terms and conditions and the Client’s use of the Products are governed by and construed in accordance with the laws of Costa Rica.

Your Content

“Your Content” shall mean any audio, video text, images or other material that the Client choose to display while using the Products. By displaying Your Content, the Client grants to the Company a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must own by the Client and must not be invading any third-party’s rights. The Company reserves the right to remove any of Your Content from the Products at any time without notice.

General terms and Conditions

Indemnity by the Client: The Client agrees to defend, indemnify and hold the Company and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from (i) the Client’s negligent, reckless, or willful misuse of the Products, (ii) the Client’s placement or transmission of any message, content, information, software, or other submissions through the Products, (iii) any third-party claims of bodily injury, death, or damage to real or tangible personal property caused by the Client’s negligent or more culpable acts or omissions related to the use of the Products; or (iv) breach or violation of the law or of these terms. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Client, and in such case, the Client agree to cooperate with the Company to the defense of such claim.
No waiver: If the Company has delay exercising or fail to exercise or enforce any right available to us under these terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
Force Majeure. The Company will not be liable to the Client for any lack of performance, or the unavailability or failure, of the Products, or for any failure or delay by the Company to comply with these terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
Entire Agreement: These terms and any document expressly referred to in them constitute the whole agreement between the parties and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between the parties relating to their subject matter. The parties acknowledge that neither of them relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms or the documents referred to in them. Both parties agree that the only liability in respect of those representations and warranties are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.
Limitation of liability: The Company will use reasonable endeavors to remedy faults in the Products. If the Company fails to comply with these terms, the Client’s sole and exclusive remedies and the Company’s entire obligation and liability to the Client will in no circumstances exceed the actual amount paid by the Client for the Products in question.
In addition, the Company will not be liable for: (i) Faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by the Client not being received by the Company or not being received promptly or not being considered, as a consequence of technical faults with the Company’s software or hardware (whether or not they are within or outside of our control). (ii) Any loss or damage due to viruses or other malicious software that may infect the Client’s device, computer equipment, software, data or other property caused by the Client accessing, using or downloading from the Products, or from transmissions via emails or attachments received from the Company.(iii) Any use of websites linked to the Products but operated by third parties.
To the fullest extent permitted by law, the Company and its affiliates, suppliers, clients or licensors shall not be liable for any consequential, incidental, special, exemplary or punitive damages or losses, whether direct or indirect, arising from or directly or indirectly related to, the use of, or the inability to use, the products or the content, materials and functions related thereto, the Client’s provision of information via the products, or lost business or lost sales, or any errors, viruses or bugs contained in the products, even if such protected entity has been advised of the possibilty of such damages. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person or throughout the products. In no event shall the total aggregate liability of the protected entities to the Client for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence or otherwise) arising from these terms of use or your use of the products exceed, in the aggregate, the actual amount, if any, paid by the Client to the Company for the Client’s use of the products in question.
Notwithstanding anything to the contrary, the Client will assume full responsibility for its own use of the Products. In no event shall the Company be liable to the Client, its heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that the Client suffer, or that the Client cause to any third party, in connection with the Client’s use of the Products or other activities the Client undertake in connection with the use of the Products.
Severability: If any provision of these terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provision.
Notices: Unless otherwise specifically indicated, all notices given by the Client to the Company must be given to the following email info@sivaashram.org.
The Company may give notice to the Client at the e-mail address provide by the Client to the Company when subscribing for the Products. Notice will be deemed received and properly served immediately when posted on the Products or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.

These Terms are effective and were last updated on March 25th, 2021.