PLEASE READ THIS AGREEMENT. THE ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU ARE BOUND BY ITS TERMS AND CONDITIONS AND ANY AND ALL AMENDMENTS THERETO
1. Acceptance of Terms and Conditions
Please be advised that www.niyana.com (“Website”) is a domain name that is a wholly-owned subsidiary of Niyana Wellness LLC, a registered legal entity in the United Arab Emirates (collectively referred to as “Company,” “Us,” or “We”).
Company operates the Website to help users create profiles to communicate with and hire spiritual Facilitators and Guides on its platform. The use of the Website is subject to your compliance with the following terms and conditions (“Terms and Conditions”) as well as any other written agreement between us and you.
You must be eighteen (18) years old or more to use this Website. We reserve the right to change these Terms and Conditions from time-to-time with or without notice to you. You hereby acknowledge and agree that it is your responsibility to periodically review this Website and these Terms and Conditions. Your continued use of this Website after such modifications will constitute acknowledgement and acceptance of the modified Terms and Conditions.
As used in these Terms and Conditions, references to our “affiliates” include, but may not be limited to, our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes, without limitation, all parties involved in creating, producing, and/or delivering this Website.
BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE IS TO CEASE USING THE WEBSITE AND/OR ITS PRODUCTS OR SERVICES.
2. Products or Services
Products or Services. Company provides the following Products or Services for its users on its Website: It provides its users access to Facilitators or Guides in order to expand their spiritual practices.
You are solely responsible at your expense for providing all equipment necessary to use the Website, including, but not limited to, a computer, modem, and internet access (including payment of telephone service fees associated with such access).
No Guarantee. Although, Company works hard to provide quality Products or Services, you understand and acknowledge that we cannot promise or guarantee specific results from using the Website or purchasing the Products or Services.
Temporary Interruptions. You understand and agree that temporary interruptions of the Website may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or services that we may use to provide you with Products and Services. You agree that the Products and Services available on this Website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, non-delivery, or failure to store any user communications or personalization settings.
The Website may request and process payments from its users by providing an online payment portal, including, but not limited to, PayPal, Venmo, or Stripe.
When booking a Facilitator/Guide, the user will pay an hourly rate charged by the Facilitator/Guide.
The hourly rate will be sent to PayPal and will remain there until seven (7) days after the session date or twenty-eight (28) days from the booking date whichever comes first.
The amount paid will be distributed as follows:
1) PayPal Fees: 2.9% + $0.30 would be deducted as PayPal charges for each transaction upon receipt of payment from users
2) Niyana Service Fees: 20% of the paid amount by the user will be sent to the Company as service fees.
3) Facilitator/Guide Earnings: Amount paid by the user minus PayPal fees and Company’s Service Fees
4. Website Conduct and Member Posting Policies
User-Created Content Guidelines:
Your use of the Website is subject to the applicable laws and regulations. You are solely responsible for any comments or posts you leave on the Website. By posting information on the Website, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Website, you agree that you will not post comments, messages, links, code, or other information that:
- Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
- Breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Website, or attempts to gain access to other network or server via your account on this Website; and/or
- Impersonates any person or entity, including, but not limited to, any of our employees or representatives.
No Endorsement and Removal of Content. Company neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Website. We do not pre-screen, police, or monitor comments posted on the Website, but we reserve the right to remove any and all postings that we feel do not comply with these Terms and Conditions and any other rules of user conduct for our Website, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.
5. Third-Party Websites
Third-Party Websites and Information. This Website may redirect or link to other third-party websites, or may otherwise include references to information, products, or services made available by affiliated or unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time, however, such websites may contain information, material, or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency, or legality of content hosted by third-party websites. We are not responsible for errors or omissions in any references made on those third-party websites. The inclusion of such a link or reference is provided merely as a convenience, and does not imply endorsement of, or association with, the third-party website by us, or any warranty of any kind, either express or implied.
Promotions. From time to time, this Website may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Website. Any such correspondence or promotions, including, but not necessarily limited to, the delivery of, and the payment for products or services by those third parties, and any other terms, conditions, warranties, or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion. In addition, we reserve the right to monetize from advertisements and promotions.
6. Company Intellectual Property
Content. For purposes of these Terms and Conditions, “content” is defined as any information, communications, software, published works, photos, videos, graphics, music, sounds, or other material that can be viewed by users on our Website.
Ownership of Content. By accepting these Terms and Conditions, you agree that all content presented to you on this Website is protected by any and all intellectual property and/or other proprietary rights available within the United States and is the sole property of Company and/or its Affiliates.
The following are registered patents, trademarks, copyrights, or service marks of the Company and/or its Affiliates:
All custom graphics, icons, logos and service names are registered trademarks, copyrights, or service marks of Company and/or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms and Conditions grants you any right to use any trademark, copyright, service mark, and/or the name of Company or its Affiliates.
The ideas, software, and processes incorporated into the Products and Services available on this Website are protected by patent applications pending in the United States, and we intend to prepare and file additional patent applications in selected foreign jurisdictions.
No warranty for Third-Party Infringement. Neither we nor our Affiliates warrant or represent that your use of materials displayed on or obtained through this Website will not infringe the rights of third parties.
7. Content You Create
We respect the intellectual property rights of others and we ask you to do the same. You hereby acknowledge that you have the copyright (or license thereof) of any material that you submit to us. In instances where we are notified of any alleged infringement by Company or User Content through our Designated Agent, a decision may be made to remove or disable access to such materials in compliance with the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”) pursuant to 17 U.S.C. § 512(c). We may also make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
If you believe that your or someone else’s copyright has been infringed by Company or User Content provided on this Website, you, the owner, or rights holder (collectively “Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult an attorney in order to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Website is intended as a substitute for qualified legal advice. To file a notice of infringing material, we ask that the Rights Holder provide the following information:
- Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), or URL(s);
- Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holder’s works (e.g., file name or URL of the pages that contains the material);
- The Rights Holder’s contact information, so that we can contact them (e.g., name, address, telephone number, and email address);
- A statement that the Rights Holder has a good-faith belief that the use of the material identified above in subparagraph 2 is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
- The Rights Holder’s electronic signature.
Notice may be sent to:Niyana Wellness LLCSharjah Media City, Sharjah, UAEEmail: firstname.lastname@example.org
Counter-Notification If material that you have posted to our Website has been taken down, you may file a counter-notification that contains the following details:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
- Your name, address, telephone number, and email address;
- A statement that you consent to the jurisdiction of the United States District Court for the Northern District of California and that you will accept service of process from the person who provided notification in compliance with section 512(c)(1)(C) of the DMCA, or an agent of such person; and
- Your physical or electronic signature.
Notice may be sent to:Niyana Wellness LLCSharjah Media City, Sharjah, UAEEmail: email@example.com
You hereby acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from the Website without liability to you or any other party.
. Please do not submit confidential or proprietary information to us (e.g., ideas, new content suggestions, business proposals) unless we have mutually agreed in writing otherwise. Any ideas, new content suggestions, or business proposals that we receive unsolicited will be treated as property owned by the Company and will not be returned to you.
8. Privacy and Security
Login Required. In order to access the Products and Services or to post User Content you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Information”). You will have the ability to maintain and periodically update your Registration Information as you see fit. By registering, you agree that any and all information provided by you as Registration Information is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
Passwords and Security. If you register for an account on the Website, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our agents or employees will never ask you for your password.
ALL CONTENT AND PRODUCTS AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE CONTENT OR PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT OR PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CONTENT OR PRODUCTS AND SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR PRODUCTS AND SERVICES PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT OR PRODUCTS AND SERVICES AT THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS AND SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AND SERVICES AVAILABLE AT THIS WEBSITE MAY BE OUT-OF-DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS AND SERVICES.
THE USE OF PRODUCTS AND SERVICES, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS AND SERVICES, OR CONTENT, THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Website, you may have the opportunity to engage in commercial transactions with other users, companies, groups, or vendors. You acknowledge that all transactions relating to any products or services provided by any third party, including, but not limited to, the purchase terms, payment terms, covenants, warranties, or guarantees are agreed to solely between the seller of the products or services and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY OR IN CONNECTION WITH THIS WEBSITE. YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS AND SERVICES OR CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OF OUR AFFILIATES.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY PRODUCTS AND SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE, OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES, OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT PRODUCTS AND SERVICES SHALL ALSO BE SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE NOTE THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
10. Limitation of Liability and Indemnification
Your exclusive remedy and our entire liability, if any, for any and all claims arising out of these Terms and Conditions and your use of this Website shall be limited to the amount you paid us for Products and Services purchased on the Website during the period before the incident which gave rise to the liability.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY PROMISES REGARDING OUR PRODUCTS AND SERVICES OR CONTENT, OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS. PLEASE NOTE THAT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including, but not limited to, attorney’s fees or costs that may arise from your use or misuse of this Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you in which event you will cooperate with us in asserting any available defenses.
11. Termination of Use
Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Website with or without notice, and for any reason, including, without limitation, breach of these Terms and Conditions. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Website and reporting you to the proper authorities, if necessary.
No Right to Products and Services Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Products and Services available on this Website will immediately cease. We shall not be liable to you, or any third party, for any claims for damages arising out of any termination or suspension, or any other actions taken by us in connection therewith. Sections 1 and 3-11 of these Terms and Conditions, as well as your liability for any unpaid fees, shall survive any termination.
If user cancels a session before forty-eight (48) hours prior to the session’s date and time, then the user will obtain a full refund
If user cancels a session within forty-eight (48) hours prior to the session’s date and time, then the user will receive a fifty-percent (50%) refund. The remaining 50% constitutes profit for Company and the Facilitator/Guide and is split in the following ration 20% to Company and 80% to Facilitator/Guide.
Example: If the user paid $100, cancels within 48 hours from booking date and time gets refunded only $50. The remaining $50 is split between Company $10 and Facilitator/Guide $40
If user does not show up to the session, and date and time of the session passed, then the user is not eligible for a refund.
12. Miscellaneous Provisions
International Use. Although this Website may be accessible worldwide, we make no representation that materials on this Website are appropriate or available for use in locations outside the United States. Those who choose to access this Website from other locations, do so on their own initiative and at their own risk. If you choose to access this Website from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including, but not limited to, the taxation of products or services purchased over the Internet. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.
No Circumvention. The Facilitators/Guides shall not circumvent the Company by directly collecting funds from users. However, if the Facilitator or Guide circumvents the Company and fails or refuses to pay the Company its commission, the Company has the right to collect or hold onto commissions or other user payments.
Governing Law. This Website (excluding any third-party websites) is controlled by us from our offices in Los Angeles, California, and the laws of the State of California shall be controlling without regard to the conflict of laws principles thereof. You hereby agree and formally submit to the exclusive personal jurisdiction and venue of the Superior Court of California, in Los Angeles County, or the United States District Court for the Central District of California.
All notices to a party shall be in writing and shall be made via email or conventional mail. Notices to us must be sent to the attention of Customer Service at Email: firstname.lastname@example.org
, if by email, or to our address at Niyana Wellness LLC, located at Sharjah Media City, Sharjah, UAE, if by conventional mail. You agree to allow us to submit notices to you through the email address provided or the address we have on record. Any notices or communication under these Terms and Conditions will be deemed delivered to the party receiving such communication: (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.
No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purposes any portion of this Website, or use of, or access to this Website, or Products and Services provided through this Website beyond the limited rights granted to you hereunder.
Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Products and Services available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated hereinabove.
Savings Clause. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect.
No Waiver. Any failure by us to enforce or exercise any provision of these Terms and Conditions or related rights shall not constitute a waiver of that right or provision.
Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms and Conditions may not be altered, supplemented, or amended by the use of any other document. To the extent that anything in or associated with, this Website is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence.