15th August 2019
The choice to become a Tribe that belongs to all – us, the earth and the Supreme or Conscious Element in everything, brings us all in a fold where the collective responsibility and the individual freedom is recognized and allowed to exist in harmony – the new co-existing in the old/current frame/structure.
Welcome to the Tribe, Fasting Culture! We hope to being and doing things differently, while respecting the common governing structure, which we all obey in current times.
We look forward to working with you and receive your questions, comments, or concerns regarding these terms or the Services at firstname.lastname@example.org
Before you choose to use the Services, please review, agree and accept all the Terms expressed in this section.
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We would like to inform you that we need freedom to be able to change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. We thank you for allowing us to reserve the right to change the Terms at any time, and we assure you that if we do so, we’ll share either by posting the modified Terms on the Site or through other communications. In case, if you do not agree with the new Terms, you may choose to discontinue and not use the Services. If you use the Services in any way after a change to the Terms is effective, we would infer that you agree to all of the changes.
Unless you opt out of arbitration within 30 days of the date you first agree to these terms, by following the opt-out procedure specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration“ section below, you agree that disputes between you and Fasting Culture will be resolved by binding, individual arbitration and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. We hope for amity and lasting relationships.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. The failure to do so, might lead us to suspend or terminate your Account. You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account, whether or not you know about them.
Through the Services, you can select or the application can guide you by recommending from a variety of options, customized fasting programs with personalized self-improvement sessions, including Sound Baths, Nutritional Recommendations, Soulful and Meditative Reflections and Breathing Exercises. You can also use the paid functionality of the Services to utilize the enhanced offering of the Services, or even choose to purchase items that are offered for sale through the Services – referred here as the “Products” and described below in further detail under the section titled “Purchases”.
Please understand thoroughly that the Services, Products and any other information you learn from Fasting Culture are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health as perceived by current medical science, or to be a substitute for professional medical care that you may feel the need for. Not all activities described on the Services or Products are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. If you are deemed not aligned or appropriate to use the Services, we reserve the right to deny access to the Services with or without any reason. If we determine, in our sole discretion, that you have certain medical conditions or, your need or the view of health and wellbeing is not aligned with the Services, we may deny access to the Services. You understand and agree that you are solely responsible for your use of the Services, and that you take responsibility to be mindful and look after your wellbeing.
The information and materials provided through the Services are provided purely for your awareness and soulful evolution. Before taking the decision to start, stop, or modify any treatment or medication, we advice you to consult with a qualified physician or other healthcare provider, whom you personally know.
Fasting Culture offers certain enhanced features of the Services which you can purchase as a monthly or yearly subscription (“Subscription”). When you purchase a Subscription or a Product/Service (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information as, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) presented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services, will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Fasting Culture may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll receive a confirmation email after the payment for your order is confirmed by us. Your order is not binding on Fasting Culture until accepted and confirmed by it. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
If you have any concerns or objections regarding charges, you agree to raise them first with us and you agree not to cancel or reject any credit card or third party payment processing charges, unless you have made a reasonable attempt at resolving the matter directly with Fasting Culture.
Fasting Culture reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances which Fasting Culture deems appropriate in its sole discretion. Fasting Culture also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Fasting Culture will either not charge you or refund the charges for orders that we do not process or cancel.
The risk of loss and title for Services purchased by you pass from Fasting Culture to you on shipment from Fasting Culture’s facility.
All amounts are payable and charged: (i) for one-off purchase (e.g. Annual Subscription), at the time you place your order; and (ii) For monthly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal, unless you cancel, the Payment Information you have provided is used. You must cancel your monthly or yearly Subscription before it renews, to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. As the fees you already paid for your current subscription period can not be refunded by us, you will continue to receive the Services ordered until the end of your current Subscription period.
Fasting Culture reserves the right to change its pricing terms for Subscriptions at any time and Fasting Culture will notify you in advance, before such changes become effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Fasting Culture’s pricing terms then you may choose not to renew your Subscription in accordance with the section “Subscriptions Renew Automatically Until You Cancel. Learn How to Cancel Your Subscription.”
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Fasting Culture regarding future functionality or features.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws by Fasting Culture. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Company’s) rights.
As you know that Company owns the Services, you won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
Although the Services may allow you to copy or download certain Content; you should note that availability of this functionality does not alter any restrictions; the restrictions mentioned above do apply.
Subject to your compliance with these Terms, Fasting Culture grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
The Company reserves the right to terminate your access to and use of the Services, at its sole discretion, at any time and without notice to you. You may terminate or cancel your Account at any time by sending an email to us at email@example.com. If you purchase Subscription via an App Provider, you should also cancel your Subscription with the App Provider directly. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
These Terms apply to your use of all the Services, including the iOS/Android application(s) available via the Apple, Inc. (“Apple”) App Store or Google Inc. (Google) PlayStore (the “Application”) or standalone download of the application without Apple Appstore / Google Playstore:
Neither Company nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, timelines, quality, copyright compliance, legality, or decency of material/content contained in or accessed through the Services. We make no representations or warranties with respect to professional qualifications, expertise, or quality of work and in no event shall we be liable to you for any decision made or action taken in reliance on any content available through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services.
The services and content are provided by company (and its licensors and suppliers) on an “as-is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free.
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall company (or its licensors or suppliers) be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (i) $100 or (ii) the amounts paid by you to company in connection with the services in the twelve (12) month period preceding this applicable claim, (c) any matter beyond our reasonable control. Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
To the fullest extent allowed by applicable law, you agree to indemnify and hold Company, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder or your Services account, in any way (by operation of law or otherwise) without Company’s prior written consent. The Company may transfer, assign, or delegate these Terms and its rights and obligations without consent.
The use of Fasting Culture Services and the terms offered by Culture Unplugged Pte. Ltd., Singapore, shall be governed by and interpreted in accordance with the laws of Singapore. Any dispute arising out of or in connection with the Terms including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the courts of Singapore.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Company may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or the Company to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Company agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Company, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
Your feedback, comments, questions and suggestions for improvements to the Services or Products (“Feedback”) are valued as a sign of mutuality and an effort to build healthy relationship between us. If you wish, please submit your Feedback by emailing us at firstname.lastname@example.org.
We are grateful for your participation in the mission and vision of Fasting Culture!