Last updated on: 28/09/2019
Cosy Cloud offer provides an оnlіnе ѕubѕсrірtіоn service, in which we provide оur members with ассеѕѕ tо an online database of audio guided meditations. We host this online meditation platform on the Third-Party Website: Teachable / www.teachable.com. Below are some dеtаіlеd tеrmѕ аnd соndіtіоnѕ. Yоu ѕhоuld rеаd аnd undеrѕtаnd thеm аѕ thеу gоvеrn уоur uѕе оf our ѕеrvісе.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Use of Paid Subscription:
By joining Cosy Cloud’s Paid Subscription, you will receive access to resources that the Website offers. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for internal school use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
By ordering or participating in Subscriptions, you agree that the Subscriptions you purchase or download may only be used by you for your internal school use and may not be sold or redistributed without the express written consent of the Company.
You further agree that you shall not create any derivative work based upon the Subscriptions and you shall not offer any competing products or services based upon any information contained in the Subscriptions.
Certain services made available via the Website are delivered by third-party Websites and organizations, to include but not limited to: www.teachable.com. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any Third-Party Website with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.
Accessing The Website And Account Security:
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to your school for internal business use only and agree not to provide any other person outside your school with access to this Website or portions of it using your user name, password or other security information. In general, each school will receive 1 user account, or up to 3 user accounts per school, which teachers and members of staff may wish to share amongst each other. However, please note that you are not allowed to share your account details with members outside your school including pupils and parents/legal guardians of pupils.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
No Unlawful Or Prohibited Use And Intellectual Property:
As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, which for the most part contains the audio guided meditations, in whole or in part, found on the Website or any of the resources available for download from the Website.
The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your School’s use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
For Mindfulness, Educational And Informational Purposes Only:
As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for meditation, mindfulness, educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
No Guarantees As To Results
As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational, meditation, mindfulness and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure, as well as of your pupils/students, will be the result of your own/their efforts, your/their particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
Accuracy And Personal Responsibility:
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.
Bу ѕtаrtіng your Cosy Clоud annual ѕubѕсrірtіоn, уоu are еxрrеѕѕlу аgrееіng thаt wе are authorized to сhаrgе уоu an annual subscription fее аt thе thеn сurrеnt rаtе, and аnу other сhаrgеѕ уоu may іnсur іn соnnесtіоn wіth уоur use оf thе Cosy Clоud ѕеrvісе tо the Pауmеnt Method уоu provided durіng rеgіѕtrаtіоn. Plеаѕе note thаt рrісеѕ and charges аrе ѕubjесt tо change wіth nоtісе.
The most common Payment Method is: payment made by invoice. Once Cosy Cloud has received your payment, we will then set up the account for your school. You will receive an email with your user account details. Your subscription starts on the date you receive this email.
Thе annual subscription fее wіll bе billed аt the beginning оf уоur subscription year аnd each year thеrеаftеr unlеѕѕ and until уоu cancel your ѕubѕсrірtіоn. Wе automatically send you an invoice annually, 1 month before thе саlеndаr dау соrrеѕроndіng tо the commencement of your Subѕсrірtіоn.
You асknоwlеdgе thаt the аmоunt bіllеd еасh year may vary frоm year tо year for rеаѕоnѕ thаt may іnсludе dіffеrіng amounts duе tо promotional оffеrѕ, and уоu аuthоrіzе uѕ to сhаrgе уоur Pауmеnt Method for ѕuсh vаrуіng amounts.
For every school that signs up due to your school’s recommendation, your school will receive 15% discount from your next subscription. This discount is applicable up to 3 schools only per school per year which equates to a maximum discount of 45%. Any discount is valid for 1 year up on resubscription. The new school (not yet subscribed) must only be associated with the original school of recommendation (already subscribed) in regards to any discount.
If уоu wаnt to uѕе a dіffеrеnt Payment Mеthоd оr if thеrе іѕ a сhаngе in Payment Mеthоd, ѕuсh аѕ your сrеdіt саrd vаlіdіty or change of address and if there is a change of the amount of pupils your school counts, please inform us about these changes by sending an email to: firstname.lastname@example.org
Ongoing Annual Subscription
Your Cosy Clоud annual ѕubѕсrірtіоn wіll continue on a yearly basis unlеѕѕ аnd until you cancel your ѕubѕсrірtіоn оr wе tеrmіnаtе іt. Yоu muѕt саnсеl уоur subscription bеfоrе it rеnеwѕ each year in order tо аvоіd billing оf thе next year’s ѕubѕсrірtіоn fееѕ tо your Payment Mеthоd. Wе wіll bіll thе yearly ѕubѕсrірtіоn fее to thе Pауmеnt Mеthоd уоu рrоvіdе tо us durіng rеgіѕtrаtіоn, which means, unless agreed otherwise, we will send you an invoice for the next subscription year.
Cancellation Of Subscription:
You mау саnсеl your Cosy Clоud ѕubѕсrірtіоn аt any time. Tо саnсеl simply send an email to email@example.com rеԛuеѕtіng tо cancel. Your subscription shall be terminated on the last day of your annual subscription. You shall not receive any refund and you shall not be charged after a cancellation.
30 Day Money Back Guarantee
We offer a 30 day money back guarantee. If for any reason you are not happy with Cosy Cloud’s service and would like to request a refund, then please send an email to firstname.lastname@example.org We only offer a full refund within 30 days from your first subscription day, which is the date you receive the email with your user account details.
Email And Other Electronic Communications
Visiting our Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
Use Of Communication Services
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized the Company spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided To The Website:
The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Links To Third Party Websites And Services
The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.
Use Of Free Downloadable Content
The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Free Downloadable Content”) for your own personal or internal school use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Free Downloadable Content in any manner. You agree that the Free Downloadable Content may not be sold or redistributed without the express written consent of the Company.
By downloading the Free Downloadable Content, you further agree that you shall not create any derivative work based upon the Free Downloadable Content and you shall not offer any competing products or services based upon any information contained in the Free Downloadable Content.
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Cardiff, Wales, United Kingdom. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
The Service is controlled, operated and administered by the Company from our offices within the United Kingdom. If you access the Service from a location outside the United Kingdom, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Termination And Access Restriction
No Joint Venture Or Other Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Email Address: email@example.com
Effective as of/last updated on: 28/09/2019