These Terms and Conditions ("Terms", "Terms and Conditions") constitute a legally binding agreement made between you as a natural person(“you”, “your” or “user”) and Meditative Mind Pty Ltd ("us", "we", or "our”), concerning your access to and use of Meditative Mind software application for mobile devices, its content and backend services (collectively “App” ). The App’s title may vary in different countries and is subject to change without prior notice.
Please read this Agreement carefully before using the App and its Services. Your access to and use of the App is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the App. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
By accessing or using the App and its Services you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the App.
We reserve the right, at our discretion, to change the Terms on a going forward basis at any time. We will keep you informed about any changes by updating the Agreement and you waive any right to receive specific notice of each such change. Please check the Terms periodically for changes. Your continued use of this App after the changes become effective, constitute your legally binding acceptance of such changes.
Subject to the agreement to and compliance with the terms of this Agreement, we grant you a non-exclusive, non-transferrable, non-shareable, non-sub-licensable, revocable, limited license to use the App, included music, chants, sounds, images, illustrations, data and other associated content(“App Content”, “Content”) associated with the App and its contents solely for personal, non-commercial use in accordance with this Agreement.
This license does not include any right to, and you will not
(A.) sell, resell or commercially use the App or its Content
(B.) copy, reproduce, distribute, publicly perform, sample, synchronise any content included but not limited to the songs, mantras, sounds, musical content, audio-video content, photographs, illustrations and other associated content.
(C.) reverse engineer, disassemble, modify the App or its Content, remove any proprietary rights notices or markings, or otherwise make any derivative use of the App or its Content other than for their intended purposes.
(D.) use any data mining, robots, or similar data gathering or extraction methods on the App.
(E.) use the App or its Content other than for their intended purposes.
You agree to use the App in accordance with these Terms and applicable laws and regulations. You will not violate any applicable law, contract, intellectual property or other third-party right and you are solely responsible for your conduct while using the App. In connection with your use of the App and the Services, you will not :
A) Impersonate someone else and use someone else's account
B) Reverse engineer the app
C) Use the App in any manner that could interfere with disrupt, negatively affect or inhibit other users from fully enjoying the App and its content or that could damage, disable or impair the functionality of App and its services in any manner, including with respect to network, backend services, and network security.
D) Interfere or attempt to interfere with the service or any user, host or network, including by way of introducing a virus, overloading, “flooding”, or crashing or sending unsolicited e-mail, or spamming the user support, spamming our customer support, promotions
E) Reverse engineer, decompile, or disassemble any aspect of the App or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the App, or
F) Develop or use any third-party applications that interact with the App or its Services without our prior written consent, including any scripts designed to scrape or extract data from the App.
G) Record, sample, synchronise, distribute any of the music, or its derivative included in the App in any form or means, available as of now or will be available in future.
We offer subscriptions on iOS and Android devices, which can be managed and auto-renewal can be turned off in the Account Settings in iTunes after purchase. Your account will be charged for renewal within 24 hours prior to the end of the current period at the cost of chosen subscription package. Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase or subscription purchase; and that (ii) the information you supply to us is true, correct and complete.
We may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
If you do sign up for the Free Trial, you will not be charged until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
Free Trials are available to first time subscribers only. We take care of most of the scenarios to reasonably find the free trial eligibility of a particular user before offering it. The final eligibility for the free trial is determined at the Apple's and(or) Google's end, based on your AppleID or Google Play Store ID. The confirmation screen from Apple or Google, will show the exact day you will be charged, based on your trial eligibility. Please read the payment details and date on this confirmation screen before accepting it.
At any time and without notice, we reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Any contests, discounts or other promotions (collectively, "Promotions") made available through this App may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
We, at our sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
We are constantly updating our offerings, features available in the App and services. The App, its Content and Services available on may be mis-priced, described inaccurately, or unavailable, and we may experience delays in updating information on the App and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
You are responsible for safeguarding the credentials that you use to access the Service and for any activities or actions under your user account. For security and privacy reasons, we have designed sign-up and log-in functionality in a way that does not require us to store any password.
You agree to be fully responsible for activities that relate to your account . You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Our App may contain links to third-party web sites or services that are not owned or controlled by Meditative Mind Pty Ltd. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Meditative Mind Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service and/or disable the auto-renewable subscription from your Apple settings.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
You agree that we shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Meditative Mind Pty Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
If you have any questions about these Terms, please write to us by using the "Contact Us" feature available in the App.