Dienstleistungsbedingungen

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Terms of Service

OVERVIEW

This website is operated by Ananda OU. Throughout the site, the terms “we”, “us” and “our” refer to Ananda OU. Ananda OU offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province or country of residence, or that you are the age of majority in your state or province or country of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

Once a person has made a purchase or a first payment (e.g. a deposit payment), price changes are not applicable in those cases.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. If a client has made a purchase to a discontinued Service, a full refund will be granted.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products and content and overview of courses that appear on our website and are offered for purchase. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products/courses or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example feedback of courses participation, written, audio or video clips) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through our website or store is governed by our Privacy Policy. Pleases refer to our Privacy Policy to learn more.

 

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to courses descriptions, locations, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability, etc. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel participation in courses or orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Ananda OU or Somananda Tantra School, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Ananda OU and Somananda Tantra School and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 – TERMS OF PAYMENT AND CANCELLATION

If you have purchased a ticket to one or more of our courses, then the following applies to you:

Early bird: For participants who wish to receive any type of early bird discount, full payment at that rate must be made latest by the early bird deadline. Once that deadline has passed, next level fees are due.

Upon a cancellation from the side of the participant due to whichever reason and whenever, any deposit payments are NOT REFUNDED and they cannot be used as credit for any other courses. This applies especially, but is not limited to, to the deposit payment done for the International Tantric Massage Therapist Trainings (TMT) and International Tantric Massage Therapist Advanced Trainings (TMT Adv). Deposit payments are titled as “deposit” payments in the list of tickets.

Cancellation from courses where NO application was required

In the event a participant cancels his/her course participation, a full refund is extended ONLY until ONE MONTH (30 days) prior to the course beginning (minus a non-refundable deposit).

With cancelation less than one month prior to the course beginning but no later than 14 DAYS prior to the course beginning, a fifty percent (50%) refund is granted (minus a non-refundable deposit).

With cancellations done less than 14 days from the course beginning or in case of a no-show, NO REFUND of any kind is available and the amount cannot be used for any other course.

Cancellation from courses where application was required

In the event a participant cancels his/her course participation from a course where an application was needed, a 50% refund can only be offered if the cancelling participant finds a replacement participant. If no replacement participant is found, no refund can be granted.

Once you are included into the group of such a course (you received an acceptance confirmation over email) also one person from the opposite gender had been accepted. Therefore, your cancellation will automatically force the organisers to cancel an innocent person from the opposite gender in order to keep the gender balance required for the course.

Course cancellation by the organisers

In case a course is postponed or cancelled BY THE ORGANISERS, all payments (including deposit payments) are subject to a full refund if the participant so requests. Alternatively, the paid amount can be used as a payment for a different course within the next 12 months from the moment the organiser announced the cancellation or postponing.

 

SECTION 17 – COURSE GROUP CONFIRMATION

We hereby clearly state that in case of each course that Somananda Tantra School is offering, a separate and dedicated course group confirmation is sent by email to all participants once the minimum requirement of 20 to 26 participants has been reached (exact number depends on a specific course).

Prior to sending this group confirmation email we STRONGLY RECOMMEND not to make any travel or accommodation arrangements or payments. If a participant chooses anyhow to make such arrangements and payments prior to receiving a group confirmation email, Somananda Tantra School and Ananda OU bare NO RESPONSIBILITY for any financial losses incurred by the client/participant in the event that the course is postponed of cancelled.

By purchasing a course ticket on Somananda Tantra School website the client is aware that in some cases the group confirmation email may be sent out only a few days prior to the course beginning. In case of courses where an Application is not needed the client has the right for a full refund of payment if the group confirmation email is sent out SEVEN OR LESS DAYS prior to the course beginning. If the group confirmation email is sent our eight or more days prior to the course beginning date no refund is available for the client.

In case of courses where an Application is needed a confirmed participant does not have the right for a refund, unless a replacement is found.

 

SECTION 18 – PARTICIPANT CONFIRMATION

Somananda Tantra School/ Ananda OU has the right to accept and to reject any applicants or participants to any of our courses at any time. We are not obliged to elaborate why a certain decision was made or not made about an applicant or a participant.

Somananda Tantra School/ Ananda OU also has the right to cancel any previously confirmed and accepted participants if head teachers so see fit due to whichever reasons. We are not obliged to elaborate the reasons that led to a cancellation decision.

 

SECTION 19 – WAITING LIST

In case of some courses (e.g. Tantra Massage courses and others) we accept an equal number of male and female participants. This means that a person might be put on a waiting list until more people from the opposite gender apply and are accepted. Person on a waiting list is NOT YET CONFIRMED to join the course. When applying to the equal male-female courses, an applicant needs to accept the possibility of staying on a waiting list. You will be notified as soon as possible when you can be accepted to the course.

 

SECTION 20 – EVENTS OF FORCE MAJEURE

In this Clause, “Event of Force Majeure” means an event beyond the control of Somananda Tantra School and Ananda OU, it’s team, teachers, events organizers or any employees (hereafter: Somananda Tantra School), and as a results prevents from Somananda Tantra School from fulfilling any of its obligations as stated in it’s advertising, courses, seminars and events. Including but not limited to:

  • Act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
  • War, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo;
  • Rebellion, revolution, insurrection, or military or usurped power, or civil war;
  • Contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
  • Riot, commotion, strikes, go slows, lock outs or disorder, commute accidents or disturbances, flight cancellations and any crash of public systems; or
  • Acts or threats of terrorism.

Consequences of Force Majeure Event

  • Neither Somananda Tantra School nor it’s event’s organizers shall be considered in breach of their duties if prevented by an Event of Force Majeure from providing the services, teachings, or holding any courses or events, during the effective dates as per Somananda Tantra School’s advertising or commitments.
  • If Somananda Tantra School or it’s events and teachings organizers are being prevented from carrying out its obligations as a result of force majeure, they shall make reasonable efforts to give notice to all and any participants, students and clients in an Event of Force Majeure upon it being foreseen by, or becoming known to, Somananda Tantra School or it’s event’s organizers.
  • If and to the extent that the Somananda Tantra School is prevented from executing the Services or commitments by the Event of Force Majeure, while Somananda Tantra School is so prevented, Somananda Tantra School shall be relieved of its obligations to provide any of the Services, events, teachings and seminars but shall endeavor to continue to perform its obligations so far as reasonably practicable [and in accordance with Good Operating Practices], [PROVIDED that if and to the extent that the Somananda Tantra School incurs additional cost in so doing, Somananda Tantra School shall be entitled to charge the additional such cost from it’s participants, clients, students etc. as reasonable for the relevant course or event [cost being defined as having no profit component] (Somananda Tantra School having taken reasonable steps to mitigate the Costs)].
  • If and to the extent that Somananda Tantra School as a result of the Event of Force Majeure, is forced to delay or cancel events, seminars, courses or other activities then Somananda Tantra School will bare no responsibility for the damages, loss of money, flight tickets, accommodation reservations or any other expenses lost by the participants, students, clients or events or loses of courses’ organizers as a result of the cancellation or delay.

Irrespective of any extension of time, if an Event of Force Majeure occurs and its effect continues for a period of 180 days, Somananda Tantra School keeps the right to cancel courses, events, seminars or other activities without baring any responsibility or damages what so ever.

 

SECTION 21 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 22 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 23 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Estonia.

 

SECTION 24 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 25 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at