Welcome to www.thevipassanacentre.org (the “Site”). Please read the following terms and conditions (this “Agreement”), which apply to your use of the Site and all products and services offered on the Site, the mobile versions thereof, and any applications, platforms or technologies offered by The Vipassana Centre. The Site is controlled, owned and operated by The Vipassana Centre. This Agreement is a binding contract between you and The Vipassana Centre. You shall be deemed to have agreed to the terms of this Agreement by either using the Site simply as a guest through browsing.
1. GENERAL USE PROVISIONS
1.1 All materials provided on the Site including information, text, graphics, documents, logos, trademarks, sounds, images, multimedia content, audiovisual content or any other materials you may see or read on the Site and all related software code (collectively, the “Materials”) are provided either by The Vipassana Centre or by its respective third party licensors or agents (“Third Party Providers”) and are the property or copyrighted work of The Vipassana Centre and/or its respective Third Party Providers. All Rights Reserved. Third Party Providers are intended third party beneficiaries of this Agreement and may enforce the terms of this Agreement against you.
1.2 Subject to the terms and conditions herein, The Vipassana Centre hereby grants you a limited, revocable, personal, non-sublicenseable, non-transferable, non-exclusive license to access and use the Site and the Materials for your limited and personal, non-commercial access and use for real-time viewing purposes only. You agree not to: (a) modify or alter any part of the Site or the Materials, (b) attempt to gain unauthorized access to the Site, other members’ accounts or account information, or other computer systems, servers or networks connected to this Site or any portion thereof, (c) upload commercial content on this Site or use this Site to solicit others to join or become members of any other commercial online service or other organization, (d) upload, post, e-mail or otherwise transmit any data to the Site that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, (iii) you do not have a right to transmit under any law or under contractual or fiduciary relationships, or (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (e) use this Site to harm minors in any way, (f) impersonate any person or entity, including a The Vipassana Centre representative, or otherwise misrepresent your affiliation with a person or entity, (g) interfere with or disrupt this Site or servers or networks connected to this Site, or disobey the requirements, procedures, policies or regulations of networks connected to this Site, (h) collect or copy any product listings or products from this Site, (i) intentionally or unintentionally violate any applicable national or international law, (j) provide inaccurate, incomplete, outdated or misleading registration information, or (k) use automated means, including spiders, robots, crawlers, data mining tools, or similar data gathering methods to download data from this Site or otherwise access this Site. You further agree to comply with all applicable laws, rules and regulations governing your use of the Site and access of the Materials.
1.3 Except as otherwise provided, or pursuant to a separate written agreement between you and The Vipassana Centre, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transferred, assigned or transmitted in any form or by any means, including, electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of The Vipassana Centre or the appropriate Third Party Provider. Except where expressly provided otherwise by The Vipassana Centre, nothing on the Site shall be construed to confer any license to any of The Vipassana Centre or any Third Party Provider’s intellectual property rights, whether by estoppel, implication or otherwise. The Vipassana Centre reserves the right in its sole and absolute discretion to terminate your right to use the Site at any time.
2 .HEALTH WARRANTY AND CLASS INFORMATION
2.1 You are aware that meditation is intense and requires full physical and mental health and you certify that you are fit to take part in the course. You know that the responsibility for your physical and mental health during and after the course is solely yours and not of the teachers and course organizers. You accept that the teacher may release and send home practitioners who do not keep to the rules of the retreat or are not in a state of mind that allows them to continue the process without a refund.
2.2 While we will make every effort to keep content on the Site current, we do not guarantee it is the most up to date information available. For up-to-the-minute information on class changes, contact information and any other information regarding The Vipassana Centre, its operations, programs, and offers, please contact us using the contact information provided on the Site.
3. THIRD PARTY SITES AND LINKS
3.1 The Site may contain links to web sites controlled by parties other than The Vipassana Centre. The Vipassana Centre is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites or any transactions completed through such web sites. The Vipassana Centre is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Vipassana Centre of the linked web site. It is your responsibility to take precautions to ensure that whatever materials you select for your use are sufficient for your purposes and are free of viruses or other items of a destructive or invasive nature.
3.2 Materials provided by Third Party Providers on the Site have not been independently reviewed, tested, certified, or authenticated in whole or in part by The Vipassana Centre. The Vipassana Centre does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by The Vipassana Centre. Any correspondence with, purchase of goods or services from, or participation in third party promotions of such Third Party Providers is solely between you and the applicable Third Party Provider.
3.3 You may link to our home page located at www.thevipassanacentre.org, provided that any such link does not imply any affiliation, endorsement, or sponsorship of your web Site by The Vipassana Centre. You may not frame or otherwise incorporate into any other web Site any of the Materials.
5.1 We welcome your feedback regarding the Site as well as our studio location. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to The Vipassana Centre shall be and remain the exclusive property of The Vipassana Centre. Your submission of any such Comments shall constitute an assignment to The Vipassana Centre of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. The Vipassana Centre will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
6. DISCLAIMER OF WARRANTIES
6.1 YOU AGREE THAT YOUR USE OF THE SITE AND THE MATERIALS SHALL BE AT YOUR OWN RISK. THE SITE AND THE MATERIALS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. WITH REGARD TO THE MATERIALS AND THE SITE, THE VIPASSANA CENTRE AND THE THIRD PARTY PROVIDERS MAKE NO WARRANTY REGARDING YOUR USE OR PERFORMANCE OF THE SITE. THE VIPASSANA CENTRE HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. THE VIPASSANA CENTRE AND THE THIRD PARTY PROVIDERS DO NOT WARRANT WITH RESPECT TO THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE MATERIALS. THE VIPASSANA CENTRE SHALL HAVE NO LIABILITY FOR ANY VIRUSES RELATED TO THE MATERIALS OR THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE VIPASSANA CENTRE AND THE THIRD PARTY PROVIDERS DO NO WARRANT THAT (A) THE MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE MATERIALS WILL OPERATE OR BE USABLE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA, (C) THE OPERATION OR USE OF THE SITE OR THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, OR (D) ANY PROGRAM ERRORS WILL BE CORRECTED. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE MATERIALS ARE ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. THE VIPASSANA CENTRE AND THE THIRD PARTY PROVIDERS SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE SITE AND/OR USE OF THE MATERIALS. THE VIPASSANA CENTRE AND THE THIRD PARTY PROVIDERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE SITE. THE SITE IS CONTROLLED AND OFFERED BY THE VIPASSANA CENTRE FROM ITS FACILITIES IN LONDON. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN OPTION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
7. LIMITATION OF LIABILITY
7.1 THE VIPASSANA CENTRE AND THE THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING OR ACCESSING THE SITE OR THE MATERIALS, AS WELL AS FOR ANY DAMAGES SUFFERED AS A RESULT OF THE INABILITY TO USE THE SITE OR THE MATERIALS. IN NO EVENT SHALL THE VIPASSANA CENTRE OR THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE MATERIALS MADE AVAILABLE FROM THE SITE, EVEN IF THE VIPASSANA CENTRE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT THE VIPASSANA CENTRE SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. AS A USER OF THE SITE, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR THE MATERIALS IS TO STOP USING THE SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED IN THE APPLICABLE JURISDICTION.
8.1 You hereby agree to defend, indemnify and hold The Vipassana Centre and the Third Party Providers harmless from, and you covenant not to sue The Vipassana Centre or the Third Party Providers for, any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, lawyers’ fees) arising from or related to (a) your negligence, error, omission or willful misconduct, (b) your breach of any terms of this Agreement, or (c) your use of the Site or the Materials.
9. ADDITIONAL TERMS AND MODIFICATIONS
9. 1 The Vipassana Centre and the Third Party Providers may make improvements and/or changes to the Site and the Materials at any time without notice. The Vipassana Centre may make changes to this Agreement or other policies relating to the usage of the Site by posting an updated version of this Agreement or the other policies on the Site. You are responsible for regularly reviewing this Agreement and the policies. Your continued use of the Site after any such changes constitutes your consent to such changes.
10. GENERAL TERMS
10.1 The Site may include inaccuracies or typographical errors. The section headings are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. As used in this Agreement, the word “including” means “including but not limited to.” No joint venture, partnership, employment or agency relationship exists between you and The Vipassana Centre as result of this Agreement or through the use of the Site. No alteration, amendment, or modification of any of the provisions of this Agreement shall be binding unless made in writing with express reference to this Agreement, and signed by a duly authorized representative of each party. The failure of The Vipassana Centre to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Vipassana Centre in writing. If any of the provisions of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and remaining provisions will remain in full force and effect. The Vipassana Centre shall not be liable for any failure to fulfill its obligations hereunder due to causes beyond its reasonable control, including acts or omissions of government or military authority, acts of God, shortages of materials, transportation delays, earthquakes, fires, floods, labor disturbances, riots, or war. This Agreement will be governed by UK law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree that the Site shall be deemed solely based in the locations of Wix.com, and the Site shall be deemed a passive web site that does not give rise to personal jurisdiction over The Vipassana Centre in jurisdictions other than in the locations of Wix.com. Any and all disputes, actions, claims, or causes of action related to or in connection with this Agreement or the Site shall be brought in the courts located in the UK. This Agreement represents the entire understanding relating to the use of the Site and prevails over any prior or contemporaneous, conflicting or additional communications, including statements on the Site. The Vipassana Centre has the right to assign or transfer this Agreement to a third party which acquires substantially all of the assets or equity of The Vipassana Centre connected with the Site. You may not assign or otherwise transfer in whole or in part or in any manner any rights, obligations, or any interest in or under this Agreement without The Vipassana Centre’s prior written consent and any attempted assignment will be void. A merger or other acquisition by a third party will be treated as an assignment. YOU AND THE VIPASSANA CENTRE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, IT BEING THE EXPRESS INTENT OF THE PARTIES TO LIMIT THE TIME PERIOD DURING WHICH A PARTY MAY BRING A CLAIM. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
11. INTELLECTUAL PROPERTY NOTICES
11. 1 You hereby acknowledge the following proprietary notices and legends: Elements of the Site are protected by copyright, trademark and other intellectual and industrial property laws and may not be copied or imitated in whole or in part except as provided in this Agreement. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by The Vipassana Centre.
Questions or Comments. If you have any questions or comments about this Agreement or the Site, please contact The Vipassana Centre. Contact details are on our web Site.