Legals & Happy Refunds

This page covers Refunds & Legal Responsiblites of Body MInd Breathing & of Yourself the purchaser :)

Sections as listed here:

Our Refund Policy

Downloads – Personal Use ONLY

Health & Results Disclaimer

Terms of Use

Your Information and Privacy, Proprietary Rights, User conduct, Electronic Services and downtime, Disclaimers, Limitation of Liability, Other Terms

Privacy Policy

What is Personal Information? Getting to know you, Use and disclosure, Access to personal information, Security and integrity

Our Refund Policy

Body Mind Breathing guarantees all purchases for a period of 30 days from date of purchase. Our refund policy guarantees any and all purchases, without exception. Shipping and handling charges for physical products are not refundable, except in the case of non-delivery, lost or stolen parcel. All purchses are calculated in USD & exhange rates may change during the time of purchase & refund & we will endeavour to refund the amount closest to your purchase price.

Downloads – Personal Use ONLY

Body Mind Breathing only provides downloadable content as MP4, MP3 & PDF.

You are soley responsible for the downloading & up loading of the content you have purchased & we will not be held responsible to provide extensive IT support if you are not technically able to do this yourself.

We will make reasonable efforts & provide limited “how to ‘ answers on this site that will assist you if you are having technical issues downloading or uploading your purchase.

You are entitiled to download the MP4 Video, MP3, PDF product twice for each customer purchase.

You are only allowed to use the downloads for personal use & are not authroised to use them for loading up to any public electronic provider ( one example of this is Youtube) & or not to be used for public presentations, no playing of the content is allowed unless you have prior written consent from the owner of the content created for Body Mind Breathing – Millie Swann, all content is copywrite 2014.

Downloads of video MP4, audios MP3 & PDF in these formats only avaiable for;

  1. Apple Mac computers & can be downloaded into your personal itunes accounts to be reloaded up onto your PERSONAL ipad & iphones.
  2. Windows operated computers & can be downloaded into your PERSONAL device & uploaded to your choice of program that supports MP4 & MP3 & PDF content.
  3. Adnroid devices that are linked to your choice of hardware computer & downloaded for your PERSONAL use & uploaded to your choice of program that supports MP4 & MP3 & PDF.

The product content may change from time to time without us having to provide notification to you, however where we can we will make reasonable attempts to advise you.

Health & Results Disclaimer

RESULTS & HEALTH DISCLAIMER: The results of Body Mind Breathing Techniques, if any, will vary and there is always the possibility you will not get the results you are looking for. The Body Mind Breathing Techniques are not intended to treat, cure, or prevent any disease or illness. This information is intended for educational purposes only, not as medical advice. Always check with your doctor before changing your health program.

 

Terms of Use

Welcome to Body Mind Breathing (we or us). We know you are excited about using the Breath techniques but we ask that you take time to read and understand these terms and conditions carefully. They explain a number of things, including the rules covering the goods and services we provide to you and other information regarding your rights and obligations.

We provide a range of electronic services, including this website and electronic newsletters, (Electronic Services). By accessing or subscribing to any Electronic Services you confirm that you have read, understood and agree to be bound by these terms and conditions and our Privacy Policy, which forms part of these terms and conditions.

  1. To keep up with regulatory, technical and organizational change, we may vary these terms of use from time to time by publishing the updated policy on our website or by notifying you in any other way. Please be sure to visit our website regularly to keep up to date with any changes. You may wish to save a copy of these terms and conditions for your records.

Your Information and Privacy

  1. Protecting the online privacy of young children is especially important to us. By subscribing to our Electronic Services, you represent and warrant that you are 16 years old or over. If you are under 16 years old, please do not attempt to subscribe to our Electronic Services.
  2. Any personal information, e-mail addresses or other electronic addresses provided in or accessible through an Electronic Service must not be harvested for use in another database or used to send spam or be placed on any e-mail list.
  3. You agree to provide accurate, complete and up-to-date information where we require it to provide you with goods and services. For a detailed explanation of how we collect, use and store personal information please see our Privacy Policy.
  4. Subject to Australian law and our Privacy Policy, we are under no obligation to protect, store, retrieve or return to you any information or feedback that you post or upload through an Electronic Service.

Proprietary Rights

  1. All media, information, trademarks, trade names, logos and other material provided through our Electronic Services (including all copyright and other rights contained in them) are owned by our licensors or us and must not be reproduced or dealt with in any way without our consent.
  2. We do not gain ownership of any material you provide to us through our Electronic Services unless you agree otherwise. However, you give us a perpetual, royalty free, irrevocable, assignable, worldwide licence to use all existing and future intellectual property and other rights contained in any material you provide to us through our Electronic Services (including the right to reproduce, publish, adapt, rent, modify and communicate the material to the public), solely in connection with the operation of our Electronic Services in compliance with these terms and conditions.
  3. We provide for your convenience and awareness, amongst other things, references or links to other websites or references to other people, services or information. We may not agree with and are not responsible for the content of those linked websites and encourage you to make your own decision about the accuracy and reliability of information found on those websites. If you believe we are using or linking to any material that infringes the rights of a third party (including copyright), please notify us immediately.
  4. All notices of copyright infringement should be sent to:

         Millie Swann, International Creative Project Solutions Level 2, 710 Collins St Melbourne 3000  Hello@bodymindbreathing.com

Please provide:

  1. identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity;
  2. the address, telephone number or e-mail address of the complaining party;
  3. a statement that the complaining party believes in good faith that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and
  4. a statement that the information in the notice of copyright infringement is accurate.

User conduct

10.Unless we state otherwise, we provide the Electronic Services solely for your personal, non-commercial use. You must only use our Electronic Services for the purpose we provide them and in accordance with our Privacy Policy.

11.To protect the security of your account, you must keep secret any passwords provided to or used by you in order to use our Electronic Services and you will be entirely responsible for the conduct of any person using your password. Please immediately notify us if there is any breach of security or unauthorised disclosure or use of your password and ensure you log out any device connected to our Electronic Services if you are going to leave the device unattended for even a short while.

12.You acknowledge and agree that we may suspend or terminate your access and subscription to our Electronic Services at any time without notice if you don’t comply with these terms and conditions or we reasonably believe that you intend or are likely to breach these terms and conditions.

13.We may also terminate or suspend your access and subscription to our Electronic Services at any time without cause and without notice.

14.We ask that if you make any link to an Electronic Service, you do it in a way that presents the service as we intended. Please don’t copy, frame or manipulate the material contained in an Electronic Service or hide its origin or ownership.

Electronic Services and downtime

15.You agree to us communicating with you regarding our various activities, events, Electronic Services and your material by electronic messages.

16.We use reasonable care in preparing and presenting material we provide through our Electronic Services. However, some content, such as testimonials and feedback regarding our products and services, may be provided by third parties, including other users (Third Party Content), and we are not responsible for the accuracy of or under any obligation to verify that information. You acknowledge and agree that you may be exposed to material that does not comply with these terms and conditions when using our Electronic Services.

17.Information provided through our Electronic Services, including Third Party Content, is provided as general information and reference only and in no way provided as our advice, approval, recommendation or endorsement. If you have any questions regarding our content, please contact us at our address below. If you have specific enquiries regarding the Third Party Content, you should contact the user or third party supplying the material. Just to be sure, you should check the information and get independent advice regarding any issue before making any decision or taking any action.

18.We do not warrant that our Electronic Services comply with any particular laws, regulations, codes or industry standards of any country. You acknowledge and agree to use our Electronic Services at your own risk and accept responsibility for ensuring or confirming compliance with all applicable laws resulting from your access or any consequent transactions or dealings with other users, third parties or us.

19.Our Electronic Services may occasionally be unavailable for maintenance, updating or otherwise. While we take great care in operating our Electronic Services, information and material provided through the Electronic Services might not always be accurate, suitable for you, available, complete or current.

20.We may change the content or format or method of delivery of the Electronic Services or withdraw any material or services provided from time to time. We may also refuse to allow any user or third party access to the Electronic Services.

Disclaimers

21.Our method of the use of pranayama breath has transformed many people’s lives. However, as each individual is different, we make no statements or guarantees as to the suitability and effectiveness of our methods promoted through our Electronic Services in your specific situation.

22.The information contained in our Electronic Services is intended to be educational and not for diagnosis, prescription or treatment of any health disorder whatsoever.

23.We also make no statements or guarantees as to the term or of any physical or emotional changes you achieve by using any of our products or services.

24.Please consult with your physician before and during the time that you are using the principles of Body Mind Breathing and never discontinue medication without talking to your doctor first.

Limitation of Liability

25.We cannot take responsibility or accept liability for your conduct using our Electronic Services. You are liable for any claims by other users, third parties or us for loss, damage, costs or expenses suffered in connection with your use and participation in the Electronic Services and you agree to indemnify us and our officers, employees, agents, contractors and advisors against any such claims.

26.We aim to provide you with a fast, reliable, informative and secure service and to protect your personal information. However, to the full extent permitted by law:

  1. we cannot take responsibility and won’t be liable for information or services provided through our Electronic Services, or for any action you take, whether due to our negligence or otherwise;
  2. we won’t be liable for any claims, loss, damage, costs (including legal costs), expense or liability of any kind you or any other person suffers in connection with our Electronic Services, whether direct, indirect, consequential or special and whether we were aware of the possibility of that loss or damage or whether it was due to our negligence or otherwise. The same applies to our officers, employees, agents, contractors and advisors;
  3. we won’t be liable for any loss, alteration of or damage to any material you provide to us through our Electronic Services;
  4. we exclude all terms and warranties implied by law. If a term or warranty cannot be lawfully excluded, then as much as lawfully possible we limit our liability to, at our option and where applicable, resupplying or the cost of you acquiring the relevant services;
  5. we won’t be liable in any circumstances for any delays or interruptions in the provision of the Electronic Services; and
  6. you irrevocably release us from any claim or cause of action that you might otherwise have against us in connection with these terms and conditions, our Electronic Services or any material or services supplied in connection with the Electronic Services, where that claim or cause of action is not made against us within 12 calendar months of the claim or cause of action arising.
  7. Except as provided in clause 27(d), as much as lawfully possible our total aggregate liability to you for any loss (including consequential loss) which is suffered or incurred by you in connection with or relating to any Electronic Service and which cannot lawfully be excluded, however caused, is limited to the lesser of AU$50 and the amount paid to us by you in relation to our Electronic Services in the 12 months prior to the loss occurring (less GST).

Law and Jurisdiction

27.The laws of Victoria, Australia, govern access to and participation in the Electronic Services and you agree to be bound by the laws and submit to the jurisdiction of the Courts of Victoria.

28.We do not offer to provide services in any place if it would be illegal there. You must not access or use the Electronic Services from such a place in a way that would breach a law of that place.

Other Terms

29.We may transfer or sublicense our rights and obligations under these terms and conditions but you may not.

30.The use of the word “including” in these terms and conditions is not to be taken as limiting the meaning of the words preceding it.

31.Any provision of these terms and conditions that is invalid in any place is only invalid in that place to that extent, without invalidating or affecting the remaining provisions of these terms and conditions or the validity of that provision in any other place

32.Unless otherwise indicated or agreed, all charges relating to our Electronic Services are in Australian dollars (AU$) and exclude any value-added, sales, or goods and services tax or duties applicable in your jurisdiction. You agree to pay us any taxes or duties applicable to our provision of our Electronic Services or any related materials or services in your jurisdiction when requested.

33.Any failure by any party to exercise any right under these terms and conditions does not operate as a waiver and the single or partial exercise of any right by that party does not preclude any other or further exercise of that or any other right by that party.

34.If you do not agree to be bound by these terms and conditions, you must not use or sign-up to any Electronic Services, including this website and any electronic newsletter.

Privacy Policy

At Body Mind Breathing, we care about your privacy. This policy describes how we will deal with your personal information in accordance with the National Privacy Principles and the Australian Privacy Act.

What is Personal Information?

When we talk about personal information, we mean information or an opinion about an individual where you can tell or reasonably work out who the information or opinion is about.

Getting to know you

To help us help you, it is often important we know a few things about you. However, we will only collect personal information about you that is relevant to our relationship.

Where reasonably possible, we will only collect personal information when you know we are. For example, we may request general information like your name, e-mail address and contact details when you ask us a question or contact us. We may also need to ask for other information, including your credit card details, shipping address and computer’s IP address when you wish to purchase a product or a service from us. If you do not provide some of this information, we may not be able to fulfill your request.

Some sections of our website, such as our forums, allow you to store and publish personal information about you and other people. You are responsible and accept liability for ensuring that those people are happy to have their personal information published on this site and are made aware of the terms of this privacy policy. You authorise us to contact any third person to confirm that they are happy for their personal information to be posted here, but we are under no obligation to you to do so.

Our purpose for collecting personal information should be clear when we collect it. If you are not sure, please contact us by email, or write to us at the address below.

You can generally visit our website without revealing who you are or other personal information. We will not collect any personal information about you when you visit our website except where you are a registered member, or where you knowingly provide us with personal information.

We may keep track of which sections of our website you visit for internal purposes, including to help us improve our website and other services.

Use and disclosure

Subject to our legal obligations and our other rights under any agreement with you, we will do our best to only give out your personal information to those people listed below and to any other people you have asked us to provide it to.

We will only use your personal information as allowed by law. This means we may use it for the purpose it was collected, as apparent at the time of collection, or as otherwise set out in this policy. If we want to use your information for any other purpose, we will first seek your consent unless we are not required to by law.

We generally only use or disclose your personal information to:

  1. provide you with information, products or services you have requested;
  2. promote your success story to visitors to our website through testimonial or other feedback pages with your consent;
  3. help us to improve our website, marketing and services;
  4. tell you about any new developments, offers or events we think may interest you;
  5. other organisations that provide services to us, such as mailing houses, event organisers, IT contractors (such as website developers and hosts), internet service providers and professional services firms;
  6. credit reference and reporting agencies and other credit providers if you place a large order or wish us to extend credit;
  7. law enforcement and other government agencies where permitted by law; and
  8. meet any legal requirements.

While we strive to protect and respect your privacy, we cannot guarantee the security of any information you send over the Internet. When you post information on a section of our site available to others, such as in our forums, facebook or twitter it becomes available to all other visitors to that section of our site.

Access to personal information

You can request access to personal information we hold about you at any time. We will give you access unless we are allowed or required by law to refuse it. We may ask you to pay our reasonable costs of providing access.

If you believe personal information we hold about you is inaccurate or incomplete, please let us know. We will generally take reasonable steps to correct your personal information where inaccuracies are found.

In certain circumstances, we may refuse to give access to your personal information or amend it. Usually we will explain why and, in the case of an amendment, make a note that you disagree with the accuracy or completeness of particular information.

Security and integrity

We cannot guarantee the security of information you may transmit to us. We will take reasonable steps to keep your personal information secure, accurate, complete and up to date except where at the time you supply it, it is clear that it will be published on the website. If we no longer require your personal information, we will take reasonable steps to destroy or de-identify it. We do not take responsibility for the security of information that is outside our control such as when it is sent over the Internet.

Changes to this policy

To keep up with regulatory, technical and organisational change, we may change this policy from time to time by publishing the updated policy on our website. Please be sure to visit our website regularly to keep up to date with any changes.

Body Mind Breathing is a project of International Creative Project Solutions PTY LTD- Registered for Business in Victoria Australia May 2014