Terms and Conditions

Terms of Use

Overview

Welcome to The Enthusiastic Buddhist Society. This site provides a service to Users to access video streamed over the Internet to computers, mobiles, internet-connected TV’s and other devices. It also provides a subscription service to access exclusive video and audio content and private live streams and forums only available to paid members.

These Terms of Use (the ‘Agreement’) govern your use of our services available on The Enthusiastic Buddhist Society located at members.enthusiasticbuddhist.com (the ‘Site’). The term ‘User’ refers to all individuals and/or entities accessing the Site for any reason. The term ‘you’ or ‘your’ refers to any User of the Site, irrespective of whether the User has purchased a membership or not. The term ‘Member’ refers to any User who has purchased a membership to our Services. This Agreement contains the terms and conditions on which we supply content, products and services listed on the Site. Our Site, such content, products and services, including all features and functionalities, and User interfaces, as well as all software associated with our service, is collectively referred to herein as ‘the Services’ or ‘our Services’. For the avoidance of doubt, this also includes the live sessions streamed in our Facebook group, as well as, the content available in our private Facebook community.

The Enthusiastic Buddhist Pty Ltd (ACN 600 299 769) (‘we’, ‘our’, ‘us’ or ‘The Enthusiastic Buddhist’) accepts your use of the site under the following terms and conditions which form a contractual relationship between you and The Enthusiastic Buddhist. By using, visiting or browsing the Site and its Services, you indicate that you accept this Agreement in its entirety, including our Privacy Policy, and agree to be bound by their terms and conditions. If you do not agree to this Agreement or our Privacy Policy, you should not access or use our Site.

You should carefully read and agree to this Agreement each time you use our Services. While The Enthusiastic Buddhist hopes not to have to alter this Agreement, it is likely that changes will be required from time to time. We reserve the right to change, modify, add or remove sections of this Agreement and to add, change, suspend or discontinue the Services, or any aspect of the Service at any time, and without liability. By using our Site, you agree to the then current version of this Agreement applied to your use of the Services. The current Agreement can always be found on our website members.enthusiasticbuddhist.com and will supersede any previous versions.

For updates to our Site, that include changes in pricing, the removal of certain services or significant changes in the way current Services are delivered, we will notify you by email to the email address you provided us on registration or is identified on your Account page (your ‘Profile’). If we do so, you may choose to cancel your membership if the change makes you materially worse off.

If you have any questions about this Agreement or our Privacy Policy, please send your queries to .

Communications

By using our Services, you consent to receiving electronic communications from The Enthusiastic Buddhist Society relating to your account. These communications may be sent by email to your email address provided at the time of your registration, or the email listed on your Profile page. These emails may include, but are not limited to, payment authorizations, change in password or payment method and confirmation emails. You should maintain copies of our email communications by saving them as an electronic copy or by printing them on paper. You agree that any notices or communications sent to you by email will satisfy any legal communication requirements, including that such communications be in writing. Notices will be deemed received and properly served immediately when posted on our Services or when an email is sent. In proving the service of any notice, it will be sufficient to prove that such email was sent to the specified email address of the addressee.

You also consent to receiving other electronic communications from us, such as newsletters, promotions, special offers or customer feedback surveys. If you do not wish to receive emails that are non-transactional, you may unsubscribe to them by clicking on the Unsubscribe link at the bottom of the email.

Device Requirements

Subject to availability, our Services can be accessed, from time to time, on one or more of the following types of devices (‘Device’):

a. internet enabled laptop and desktop computers;
b. internet enabled televisions;
c. internet enabled tablet computers; or
d. internet enabled mobile phones.

You acknowledge that our Services may not work on all Devices that fall within the list of device types set out above.

To enjoy The Enthusiastic Buddhist Society, you are responsible for ensuring that you are able to access our Services through your own Device and that your Internet speed and connection is suitable for streaming our Services.

Membership and Billing

Any purchases for paid subscriptions (‘Membership’) placed with us implies acceptance of this Agreement by you. It is therefore important that you understand these conditions before making a payment.

As a Member of The Enthusiastic Buddhist Society you will receive access to certain sections, features and functions of the Site that are not available to non-members. Our obligation to provide a Service comes into effect when we receive your membership payment and confirm your purchase by email. Prices are all in Australian dollars and may include local taxes.

Your membership to our Site will continue month-to-month or year-to-year unless and until you cancel your membership or we terminate it. You must have access to the Internet and provide us with a current, valid, accepted method of payment to use the Services. Payments for memberships may be made using your PayPal account (‘Payment Methods’). Depending on your choice of membership at sign-up, we will bill the monthly or annual subscription fee to your Payment Method. You must cancel your membership before it renews in order to avoid billing of the next month or next year’s membership fees to your Payment Method. We automatically bill your Payment Method each month or each year on the calendar day corresponding to the commencement of your paying membership.

If your Payment Method is not successfully settled, we reserve the right to change the timing of your billing. Additionally, if we are unable to collect outstanding funds, we reserve the right to cancel your subscription to prevent your access to Member-only areas of our Site. Non-payment will result in forfeiting your current membership plan which may be at a reduced price compared with the then current rate and you acknowledge that you will need to resubscribe at the higher price. In the event where your membership began on a day not contained in the following month, we may bill your Payment Method on a day deemed appropriate in that applicable month or such other day as we deem appropriate.

From time to time, we may offer promotional memberships plans or gift codes to access discounted membership plans. Any materially different terms from those described in this Agreement will be disclosed at your sign-up or in other communications made available to you. We reserve the right to modify, terminate or otherwise amend our promotional membership plans or gift codes.

By purchasing a membership on our Site and providing or designating a Payment Method, you authorize us to charge you a monthly or yearly membership fee at the then current rate. You acknowledge that the amount billed may vary from month-to-month or year-to-year due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts. You also acknowledge and agree that The Enthusiastic Buddhist is authorized to charge your Payment Method for the monthly or yearly membership fee at the then current rate if your promotional offer or gift code has expired. For the avoidance of doubt, monthly promotional rates will be replaced with current monthly membership rates, while yearly promotional rates will be replaced with current annual membership rates. You must cancel your membership before it renews in order to avoid billing of the next month or next year’s membership fees to your Payment Method.

You may edit your Payment Method information by visiting your PayPal account. If a payment is not settled successfully due to insufficient funds, card expiration, or for any other reason, and you do not update your Payment Method information or cancel your membership, you remain responsible for these uncollected amounts and you authorize us to continue billing the Payment Method at the time it is updated. This may result in a change to your payment billing date. You agree to pay all amounts due upon demand by us.

Depending on your location and for certain Payment Methods, you may be charged a foreign transaction fee or other charges. You should check with your Payment Method service provider for details on such charges. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you. You also agree not to hold us responsible for banking charges incurred due to payments on your account.

We reserve the right to adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. We will notify you by email at least 30 calendar days in advance of any such change. You will have the option of accepting the change, moving to another membership plan or canceling your membership. If you want to cancel your membership, you will need to do this prior to the changes coming into effect. Cancelations can be done under Subscriptions on your Account page, from your PayPal account or by emailing us at . If you do not make any changes to your membership, you authorize us to charge your Payment Method at the new fee from the start of your next payment cycle.

At any time, and for any reason, we may provide you with a refund, discount, gift code, or extend your membership period, to some or all Members (‘Credits’). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Membership to The Enthusiastic Buddhist Society is not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever. You also agree that you are not permitted to resell any Services purchased through our Site for commercial purposes.

Cancellations By Us

We may suspend or terminate any registration, membership, Member Profile or account at any time without notice and without liability and for any reasons or no reason. We will act to suspend or terminate where in our sole opinion that the relevant User has caused or permitted: (a) falsification of registration information; (b) failure to comply with this Agreement or associated policies; (c) actions which may cause legal liability to you, other Users or The Enthusiastic Buddhist; (d) actions that are contrary to the interests of the Site, Services and User community; or (e) a breach of this Agreement, including without limitation, the unauthorized copying or download of our audio or video content from our Site, or from our associated YouTube channels.

In consideration of your membership to our Services, you agree to provide accurate, complete and current information at the time of registration, and agree to maintain its accuracy and completeness at all times. You agree not to use a false or misleading name or a name you are not authorized to use. You may not use a name that violates any third party’s trademark or other proprietary right, which is or may be illegal to use, and may cause confusion to the person’s identity or association with other entities.

We have absolute discretion as to whether we accept a particular User’s registration or its continued participation on our Services. Any names deemed by us to be vulgar or otherwise offensive may require immediate name change or deletion of such accounts. Any Members whose profiles or accounts have been terminated may not access our Services for any reason without receiving our express written permission.

If suspended or terminated, you must not continue to use the Services under the same profile and account, under a different profile and account, or reregister under a new profile and account. Even after termination, irrespective of the cause, provisions capable of surviving such termination, including payment, privacy and confidentially, will apply.

Your only right with respect to any dissatisfaction with our Services, payment rates and methods, terms and conditions, associated policies, or change therein, is to terminate your membership.

If cancelation arises due to insufficient funds, you will be required to resubscribe, which may be at a higher price than your previous membership plan.

Cancelling Monthly Memberships

You may cancel your monthly membership at any time. Once you cancel your membership, your recurring payments are stopped immediately and you will be able to access the Service until your subscription expires. Cancelations can be made under Subscriptions on your Account page, or by visiting your PayPal account and canceling your Pre-Approved Payments for your membership to our Site. You may also cancel your membership by contacting us by email at . You must send us your request from the email associated with your Member’s account and provide us with your full name and correct username to complete the process.

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS OR FOR UNWATCHED VIDEOS OR UNLISTENED TO AUDIO.

Cancelling Yearly Memberships

You may cancel your yearly membership at any time. Once you cancel your membership, your recurring payments are stopped immediately and you will be able to access the Service until your subscription expires. Cancelations can be made under Subscriptions on your Account page, or by visiting your PayPal account and canceling your Pre-Approved Payments for your membership to our Site. You may also cancel your membership by contacting us by email at . You must send us your request from the email associated with your Member’s account and provide us with your full name and correct username to complete the process.

If you cancel your yearly membership within the 30 day money back guarantee period, you are eligible for a refund for the full cost of the yearly membership fee (as received by us at the time of your subscription). If you cancel your yearly membership outside of the 30 days from your first date of payment, you will not receive any refund.

THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS OR FOR UNWATCHED VIDEOS OR UNLISTENED TO AUDIO.

To request a refund within the 30 day money back guarantee period, you must email us at by sending us your request from the email associated with your Member’s account. You must also provide us with your full name, correct username and reason for requesting a refund to complete the process.

Promotional Offers and Gift Codes

From time to time we may introduce special promotional offers, rewards, gift certificates/gift codes and free subscriptions trials (collectively referred to herein as ‘Promotions’ or individually as ‘Promotion’) which may be subject to specific terms and conditions.

Occasionally, only new Members will be eligible for Promotions. New Members are Users who have not previously purchased a membership to the Site or have redeemed a previous Promotion. We will determine if you are entitled to any of our Promotions. The duration of any Promotion may vary and may be communicated to existing and new Users via the website, emails or social media.

To receive a Promotion you will need to meet the terms and conditions of the relevant promotion as advertised at the time. New Users wishing to redeem a Promotion must sign up as a new Member and will be bound by this Agreement.

Any and all Promotions can only be redeemed once and cannot be redeemed for cash, resold or combined with any other offers, past or present.

We reserve the right, in our sole discretion, to charge for Promotions based on the standard fee for the Services if we consider that the Promotion is being abused, and to terminate your use of the Services as a result of your fraud or breach of any obligation under our Agreement.

Members

To become a member of The Enthusiastic Buddhist Society, you must be 18 years of age, or legally capable of entering into binding contracts. Individuals under the age of 18, may utilize the Service only if they are of 13 years of age or older and with the involvement of a parent or legal guardian. If you are a parent or guardian and give consent for your child to use our Site, you agree to be bound by this Agreement.

At the time of sign-up, a User must provide us with a valid email address. You must continue to keep your email address current. You can edit your email address within your Account page.

When you purchase a membership you become a Member of The Enthusiastic Buddhist Society. We will charge your Payment Method for the relevant membership fee for which you have signed up.

If a payment is not settled successfully for any reason and you do not update your card details or enable a successful payment, we will put your membership and any access to our Services on hold, which means you will not be able to access the Member’s-only content.

You are entirely responsible for maintaining the security and confidentiality of your Member password and for restricting access to your Device. You agree to accept all responsibility for any and all activities that occur under your Profile and account, and agree that we are not responsible for any losses incurred in connection with your profile and account. You accept all risks of unauthorized access to your registration information, and must notify us immediately of any unauthorized use of your passwords, profile, account or other breach of security.

Membership may be terminated at any time without notice if you, or it is perceived that you promote illegal or anti-social aims, objectives and activities including, but not limited to violence, racism, cruelty to animals, irresponsible consumption of alcohol or illegal drugs, pornography, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or things likely to incite hatred or violence. We reserve the right to determine whether you are suitable for maintaining a membership to our Services.

Restrictions on the Use of the Services and Content

The Enthusiastic Buddhist Society, and any content viewed through our Service, is for your personal and non-commercial use only. As a Member, we grant you a limited, non-exclusive, non-transferable license to access our Service and view video and listen to audio on a streaming-only basis for that purpose. Other content only accessible by Members include articles and access to live broadcasts (‘Hangouts’) and a private Facebook community (‘Forum’). Collectively herein videos, audios, articles, Hangouts and the Forum shall be known as ‘Content’. Except for the foregoing limited license, no right, title or interest shall be transferred to you. The delivery of Content does not transfer to you any commercial or promotional use rights in the Content.

You must not and not authorize, allow or assist any other person to copy, reproduce, stream, broadcast, display, sell, rent, lease, communicate or re-transmit the Content made available to you: a) to the public or in a public area; b) to another person; or c) for commercial purposes.

You may not duplicate or otherwise reproduce (including but not limited to “burning”) the Content, or any portion thereof, onto any physical medium, memory or Device, including but not limited to, any computers or other hardware, or other medium now known or hereinafter devised.

As a Member you must not:

a. use the Services for any activities or post or transmit to or via the Services, any information or materials which breach any laws or regulations, breaches this Agreement, infringes any third party’s rights, or are contrary to any applicable standards or codes;
b. attempt to gain unauthorized access to any Member’s Profile or accounts, computer systems or networks associated with our Services;
c. use another’s name, username or password without due authorization;
d. tamper with, hinder the operation of, or make unauthorized modifications to our Services;
e. knowingly transmit any viruses, worms, Trojan horses or other malware via our Services;
f. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of our Services unless given permission;
g. modify, adapt, translate, or reverse engineer any portion of our Services;
h. remove any copyright, trade mark or other proprietary rights notices contained in or on our Services;
i. reformat or frame any portion of the web pages that are part of our Services;
j. create User accounts by automated means or under false or fraudulent pretenses;
k. use our Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which may be deemed threatening or obscene;
l. take any action that imposes, or may impose in our sole opinion, an unacceptable or disproportionately large load on our IT infrastructure;
m. access our Services except through the interfaces provided by us;
n. obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through our Services;
o. access our Services otherwise than in accordance with these Terms of Use;
p. create derivate works of, modify, disable or alter our Services or Interfaces made available to you or any security, encryption or anti-piracy software or technology included our Services; or
q. attempt any of the above acts or permit another person to do any of the above acts.

You acknowledge that there may be restrictions on your ability to stop, rewind and replay Content that you stream as part of the streaming services and that you may only have access to certain Content within a set period of time.

AS A MEMBER, THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY LOG IN FROM MAY BE LIMITED. We may use technologies to verify your geographic location and limit the number of devices you can be logged into at the same time. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.

When uploading photos, posting comments or any type of content (collectively ‘User Content’) on our Services:

a. you agree to only post relevant User Content;
b. you agree to not post any commercial advertisements, affiliate links, and other forms of solicitation;
c. you must not post User Content that is unlawful or prohibited by this Agreement; and
d. without limiting your obligations, you agree that it is an express condition of posting User Content to our Services that you will not post the same message or material more than once unless there is an upload failure.

Prohibited User Content is any User Content which compromises, contains, links to or otherwise references:

a. material which is defamatory, infringing, obscene, threatening, abusive, pornographic, sexual, indecent, offensive, discourteous or unprofessional;
b. material that exploits children or minors, including but not limited to nudity or partial nudity;
c. material that contains viruses, Trojan horses, worms, malicious script or other corrupted files or malware that may damage or inhibit the Site’s operations, or damage or disable any software or hardware;
d. material that advertises, solicits offers or offers to sell goods or services, or conduct or forward surveys (including but not limited to SPAM and junk emails), contests or chain letters;
e. material that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
f. material that promotes any raffle, competition, contest or game (irrespective of whether participants must pay a fee or other consideration);
g. material that is likely to incite hatred or violence against any person or group;
h. material that infringes any copyright, trade mark, patent, other intellectual property rights or trade secrets;
i. material that is likely to harass, stalk, upset, embarrass, alarm or infringe another’s rights of publicity, confidentiality or privacy;
j. material that is likely to deceive any person, impersonate any person, or misrepresent your identity or affiliation with any person; or
k. material which otherwise violates the legal rights of others, is unlawful, promotes and assists any unlawful acts, or beaches any applicable laws or legislation.

We do not undertake any obligation to control, research, verify, validate, or approve User Content posted on our Services. However, we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable laws and we may at our sole discretion notify law enforcement authorities if we discover anything we reasonably believe is unlawful on or happening through our Services. Furthermore, although we have no obligation to screen, edit or monitor any User Content posted on our Services, we reserve the right in our sole and absolute discretion to remove, screen or edit any User Content posted on the Site at any time and for any reason without notice.

By transmitting, uploading and posting User Content to our Services, you grant, and you represent and warrant that you have the right to grant to us an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit your User Content, or any portion thereof, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity. You agree to indemnify The Enthusiastic Buddhist, its directors, officers and employees from and against any loss, damage, liability, costs or expenses that are suffered or incurred in connection with any User Content or information posted on our Services or any other information you provide to us.

Use of Our Services

You acknowledge and accept that access to our Services (and any use of Content contingent upon such access) may at times be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of communication links or other equipment outside of our control.

The quality of the display of the videos and the streaming of audio through our Services may vary from computer to computer, and device to device. It may be affected by a number of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Similarly, this can also affect the time it takes to begin streaming a video or audio.

You acknowledge and accept that other factors that may affect your ability to stream our Services include the number of other tasks your Device is performing while streaming our Services, as well as, the amount of other traffic on our Services at the time you are streaming.

You acknowledge that streaming of our Services via the internet may involve significant internet usage. The payment you make for membership and access to our Services does not include any charges for internet usage. You are solely responsible for all Internet access charges. We make no representations or warranties about the quality of your watching or listening experience on your device.

By using our Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with using our Services.

You acknowledge and agree that it is your responsibility to install anti-virus software and related protections against viruses and other programs or software with destructive properties that may be obtained by use of our Service. You are also solely responsible for creating backup copies of and replacing any User Content you post on our Services. We are not responsible for any loss, deletion, failure to store, mis-delivery or untimely delivery of any User Content you post on our Services.

You also acknowledge and agree that we may store and access personal information about you in the form of “cookies” for advertising, usage tracking and other purposes relating to the operation, use and provision of our Services. You agree that if you prohibit or restrict the use of such cookies, then your use of our Services may be limited or otherwise adversely affected.

Any disputes between Members remain solely between Members. You acknowledge and agree that we will not be party to such disputes and we are not obligated to take any actions towards resolving any such dispute. The maximum involvement that we will have during such disputes is to hide or delete (remove from public view) comments where appropriate. We do not accept any responsibility or liability in respect to your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with a Member in any way arising out of or in any way connected with your dealings on or through our Services.

You agree to defend, indemnify and hold us harmless and our directors, officers and employees against any action, claim, demands, liability, costs and expenses, loss or damages (action, special, direct, indirect, incidental or consequential or punitive) or every kind and nature, known and unknown, arising out of, including but not limited to:

a. any Member’s conduct of behavior in any dealings, whether on our Services or offline;
b. any disputes you have with another Member;
c. any claims relating to any Member encountered through or in relation to our Services; or
d. any claims to any rights in your User Content or any damages arising from your User Content.

Other Websites & Service Providers

Our Services may provide links to websites of other parties. Our Services acts as a portal for accessing these websites and we have no liability based on, or related to, other parties’ content on our Services or the linked websites, whether arising under copyright or other intellectual property rights, defamation, libel, privacy, obscenity, or any other applicable laws. We neither control nor review websites linked from our Services; as a result, we cannot endorse the information, content, services, products, practices or policies of those websites. We make no representations or warranties regarding the accuracy, availability or completeness of the content, information, or opinions of the other parties’ websites or their information displayed on our Services. You visit these websites and use the information contained therein at your own risk.

Your participation, correspondence or business dealings with any parties found on or through our Services, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties. You warrant and represent that we are not responsible or liable for any loss, damage or other matters of any sort incurred as a result of any such dealings with such parties.

Intellectual Property and Copyright

All content on or available through The Enthusiastic Buddhist Society and all the Site’s interfaces created for devices including text, graphics, images, logos, designs, photographs, button icons, audio and video clips, digital downloads, data compilations and software, are owned and operated by The Enthusiastic Buddhist or its third party licensors and suppliers. Nothing in this Agreement constitutes a transfer of any intellectual property rights.

Unless otherwise specified, our Services and all Content accessed via our Services are for your personal and non-commercial use and we grant you a limited licence to access our Services for that purpose. You may not download (other than through temporary page caching necessary for personal use), modify, distribute, transmit, perform, display, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any Content or any information contained on, or obtained from, our Services without express written consent. Except for rights expressly granted to you, all rights in the Content are reserved by us or our licensors. Any unauthorized use or violation of this Agreement immediately and automatically terminates your right to use our Services and may subject you to legal liability.

A limited amount of Content may be marked and authorized for a User to share on their personal social media pages (e.g. Facebook, Twitter, etc.) or to be included as part of a blog, online commentary, news article or review. Such content may be shared via links back to our Site or by embedding publicly available video. This does not authorize any downloading of any Content for sharing purposes. You must not modify any of our Content and you agree not to publish any Content with other content that is known by you to be false, inaccurate, or misleading, or that is, or that encourages activity and conduct that is: (a) unlawful; (b) harmful; (c) threatening; (d) abusive; (e) harassing; (f) vulgar; (g) pornographic; (h) libelous; (i) invasive of another’s privacy; (j) hateful; (k) or racially, ethnically or otherwise objectionable.

We respect the intellectual property rights of others and expect Users to do the same. However, you agree that we are not responsible for any violations of any intellectual property rights in any User Content uploaded or posted on our Services. You understand that by using our Services that your User Content may be publicly available to others and that we have no obligation to prevent unauthorized copying, dissemination or other use.

If you believe that any User Content shown or transmitted through our Services contains or comprises a copyright infringement, please provide us with a notice containing:

a. a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner;
b. a description of the copyrighted work or works that you claim have been infringed (if possible, please provide us with a location where the original or an authorized copy of the copyrighted work exists, such as the URL where it is lawfully posted);
c. a description of where the material that you claim is infringing is located on our Services (please provide the exact URL);
d. information sufficient to permit us to contact you, such as your physical address, telephone number, and email address;
e. a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You may also provide us with a notice in respect of other complaints in relation to our Services and to User Content but you expressly acknowledge the limitations of our ability to act as set out in this Agreement, whether in relation to User Content prohibited conduct or otherwise.

Please note that due to security concerns, email attachments cannot be accepted. Furthermore, you acknowledge that if you fail to comply with all of the above requirements, then your notice may not be valid.

Please send your correspondence to:

Copyright Matters
c/o The Enthusiastic Buddhist
PO Box 442
Gungahlin ACT 2912
Canberra, Australia

We may give notice of a claim of copyright infringement or other complaints by means of a general notice on our Services, electronic mail to a User’s email address, or by written communication sent by registered mail to a User’s address.

It is often difficult to determine if your intellectual property rights or other rights arising under or in relation to this Agreement has been violated. We may request additional information before we remove the allegedly infringing, unlawful or prohibited User Content. If a dispute develops as to the correct owner of the User Content in question, we reserve the right to remove the User Content of all disputing parties. We further reserve the right, in our sole discretion, to suspend or terminate profiles and accounts of Users who infringe the copyright, other intellectual property rights or other rights of The Enthusiastic Buddhist and/or others.

Privacy

Any personal information collected by The Enthusiastic Buddhist through our Services will be dealt with in accordance with our Privacy Policy, the terms of which are available at members.enthusiasticbuddhist.com/privacy-policy/. You consent to the use of any personal information collected in relation to you in accordance with our Privacy Policy.

Availability of Our Services

We shall endeavor to provide continuing availability of our Services and server stability, but we shall not, in any event, be liable for service delays and interruptions or down time of the server. We cannot guarantee that our Service will be fault free. If a fault arises, please contact our technical support. We will resolve the fault as soon as we reasonably can. If necessarily, we may suspend access to our Services in order to address the fault. In the event that our Services are unavailable, our usual billing period still applies.

Contacting Us

Except where otherwise directed in this Agreement, you may email us at the email address provided at the end of this document. However, you acknowledge that the Internet is not a fully secure medium and communications may be lost, intercepted or modified. We are not liable for any damages relating to communications between you and us.

Except to the extent otherwise provided in this Agreement, for any communication you send to us by email, you agree that: (a) it is truthful; (b) it is not confidential; (c) we may use, disclose, copy or distribute the information for any purpose whatsoever, including, but not limited to reproduction, transmission, broadcast, publication or further posting; (d) we may use any ideas, concepts, non-patented inventions, know-how, and/or techniques contained in the email for any purpose whatsoever, including, but not limited to research, development, manufacturing and marketing of products without compensation; and (e) we have no obligation concerning your information.

Indemnity

You agree to defend, indemnify and hold harmless The Enthusiastic Buddhist and our directors, shareholders, officers, members, managers, employees, agents, successors and assigns, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable lawyer or attorneys’ fees) arising out of or related to: (a) your breach of this Agreement; (b) your use of our Services, or alleged use of our Services under your user name by any person, whether or not authorized by you; (c) your inability to use our Services; (d) any User Content, software or other material published or transmitted through our Services; (e) any claims related to Users or other parties you encounter through our Services; or (f) any breach of any representation or warranty contained herein.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Disclaimers and No Warranties

Our Services are provided for general information purposes only. The information on our Services is made available on the basis that all Users accessing our Services assume responsibility for assessing the relevance and accuracy of its Content. To the fullest extent permitted by law, The Enthusiastic Buddhist makes no statements, representations or warranties of any kind, express or implied, as to the accuracy, completeness, reliability, or suitability for any purposes of any advice, information or other Content contained on our Services.

Any advice or Content on our Services is not to be relied upon, nor is it a substitute for medical advice by appropriate healthcare professionals. Information on our Services does not contain professional advice, and is not a substitute for obtaining independent professional advice that is relevant to your individual circumstances and it is not intended to be used to diagnose, treat, cure or prevent any disease. We are not a medical service, nor do we provide medical advice. Never disregard medical or professional advice, or delay seeking it, because of something you read or heard on our Services or a linked website. You understand and agree that The Enthusiastic Buddhist has not taken into account your specific circumstances and that your use of information on our Services is solely at your own risk.

Although research studies into meditation and mindfulness have suggested that there are certain health benefits derived from practicing such activities, The Enthusiastic Buddhist makes no claims or guarantees that this will be the case by using our Services. If you are experiencing serious medical issues or require medical advice, you should consult your doctor.

Our Services are provided “AS IS” without warranties of any kind, express or implied, including without limitation, created by law, contract or otherwise, including, but not limited to any warranties of merchantability, fitness for a particular use or purpose of (including but not limited to) any information contained on or provided by our Services, and/or any service described or promoted through our Services, including warranties with respect to infringement of any patent, copyright, or other rights of third parties.

To the fullest extent permitted by law, The Enthusiastic Buddhist makes no statements, representations or warranties of any kind, express or implied, as to the timeliness, accuracy, quality, completeness, reliability, operability, suitability, flawlessness, or availability of our Services or the Content contained on our Services. We do not warrant that our Services will be uninterrupted, timely, secure, or error free. There may be delays, omissions, interruptions and inaccuracies in the Content or other materials available through our Services. We assume no liability or responsibility for any errors or omissions in our Services, or any failures, delays, or interruptions in the provision of our Service.

We do not make any warranty as to the results to be obtained from the use of our Services; nor do we represent or warrant that our Services will meet your requirements or that they will be free from viruses or anything else that has contaminating or destructive properties. We are not responsible or liable for any such destructive or harmful software, programs, viruses or files that may infect or otherwise impact on your personal computer or other property on account of your use of our Services or downloading any material from our Services. If you rely on the Site and its Content available through our Services, you do so solely at your own risk.

We disclaim any warranties for services or goods received through any links or advertisements available on our Services, as well as for any information or advice received through such links.

Limitations on Liability

The Enthusiastic Buddhist and its affiliates, and their respective members, directors, shareholders, officers, managers, employees, agents, successors and assigns, shall not be liable for incidental, indirect, consequential, special, punitive, exemplary damages, or any damages whatsoever, including but not limited to damages for lost revenues or profits, loss of business or loss of data arising out of or in any way related to the use and performance of our Services or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Services, whether based on contract, tort, negligence, strict liability or otherwise. Further, we will not be responsible for any liability arising out of delay in providing any Content on our Services.

Notwithstanding any other provision of this Agreement, in no event will our liability to you for any actions or claim related to our Services provided under this Agreement, whether based on contract, tort, negligence or any other theory of liability, exceed the greater of:

• any fees collected by The Enthusiastic Buddhist from you for using our Services from the previous 12 months; or
• one hundred ($100) Australian dollars.

Force Majeure

We will not be liable to you for any lack of performance, or the unavailability or failure, of our Services, or for any failure or delay by us to comply with this Agreement, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

Waiver

Our delay or failure to insist upon or enforce strict performance of any provision of this Agreement is not to be construed as a waiver of any provision or right. Any waiver of any provision of this Agreement will be effective only if in writing and signed by us.

Governing Law

This agreement will be governed by and construed in accordance with the laws of the Australian Capital Territory, Australia and each party agrees to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory, Australia as regards any claim or matter arising under this agreement.

Severability

In the event that any term or condition contained in this Agreement is unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

Last updated 2 November, 2017

 

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