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TERMS & CONDITIONS 

Terms and conditions, membership agreement and site terms of use (’terms’)

 

Introduction 

This page, together with the documents referred to on it tells you 

  • the terms and conditions (as may be varied from time to time) on which we supply holistic wellness information and practices which are made available via our membership platform (‘services’) and available to be accessed by you via our online channels www.iamsoundacadmy.com (‘sites’).  The terms on which our sites are made available to users who may visit our site (‘terms of use’). 
  • specific terms and conditions for monthly and annual subscribers to our service (a’ member’) with associated terms (the ‘membership agreement’).   
  • terms on which our sites are made available to users who may visit our site (‘terms of use’). 

 

Please read these terms carefully before you use the site or join as a member.  

 

The sites and services are operated by I Am Sound Limited, UK (registered company number 12047802), 4th Floor, 100 Fenchurch Street, London, EC3M 5JD, UK (‘we’, ‘us’ or ‘our’).  You can contact us by writing to us at [email protected].  We may use third party businesses to facilitate the provision of those services, including without limitation, recorded wellbeing practices, recorded video and audio interviews and payment processor and video conferencing platform (‘partners’).  

 

Terms and conditions 

Services, fees, term & termination.  Our sites and services are intended for worldwide consumers over the age of 18 only.   

  • Member registrations are made subject to our membership agreement found below. 



Liability

Membership Material

No condition is made or to be implied nor is any warranty given or to be implied as to the quality, life or wear of this membership material (membership content plus associated materials, slides, film clips, audio clips, podcast recordings, workbooks, case studies, exercises, challenges, other handouts) or that it will be suitable for any particular purpose or for use under any specific conditions.

While the material contained in this membership provides general wellbeing guidance it must not be regarded as a substitute for medical advice. Nothing contained in this membership material is intended to be used to diagnose, treat, cure or prevent any disease nor should it be used for therapeutic purposes.

I Am Sound Ltd will not be liable (to the fullest extent permitted by law) for any loss, damage or inconvenience arising as a consequence of any use of or the inability to use any information in the membership material.

I Am Sound Ltd will not be liable to you, or anyone else, for any decisions made or action taken in reliance on the provided information or referral in the membership material.

Quality of Information

I Am Sound Ltd has endeavoured to ensure the accuracy of the information presented in the membership material. I Am Sound Ltd makes every effort to ensure the quality of the information available in the membership material. I Am Sound Ltd cannot guarantee and assumes no legal liability or responsibility for your interpretation or use of the information contained in the membership material.

Before relying on the information in the membership material you should obtain any appropriate professional advice relevant to your particular circumstances from your chosen health practitioner or GP. 

This membership material may include the views or recommendations of third parties and does not necessarily reflect the views of I Am Sound Ltd or indicate a commitment to a particular course of action.

Images

The reference to information in this membership material includes references to pictures, photos and drawings in the membership material and any film clips and digital images which may form part of this membership material. I Am Sound Ltd assumes no legal liability or responsibility in connection with any of these pictures, photos drawings, film clips and digital images and which could be regarded as offensive or upsetting in any way whatsoever. I Am Sound Ltd will not be liable to you or anyone else for any decisions made or action taken following the viewing of these pictures, photos, drawings, film clips and digital images. 

Guided Practices, Games, Challenges and Invitations

You confirm that you are participating in our services (i) at your own risk (ii) in a safe environment in your own home and (iii) you confirm that you are generally fit and healthy and have no underlying health issues that may adversely impact upon your participation in the services. As with any physical activity, risk of injury is present and cannot be completely eliminated - please listen to your body and when in doubt, stop that particular exercise. You expressly waive and release any claim that you may have at any time for injury of any kind against us and our partners. You assume all risk of injury by using the services. Please do not use the services  if you are not willing to accept this responsibility. 

No advice or information provided by us or our partners shall create any warranty or legal obligation and we make no warranty that our services shall meet your requirements or be fit for purpose. We do our best  to make sure that all information that we post on the sites and provided as part of any services is correct, and we will use reasonable care and skill in providing the services to you. As long as we have done that (and subject to the remainder of this section below) we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect, consequential or special loss, however arising) as a result of relying on any information on the site or provided through our services.

Nothing in this section shall exclude our liability for death or personal injury caused by our negligence or any other liability not excludable by law.

Miscellaneous No rights shall be conferred by these terms on any third parties (other than partners) and the Contracts (Rights of Third Parties) Act 1999 shall not apply. You agree to indemnify us against all liabilities, claims and expenses arising from any breach of these terms by you. These terms supersede all prior agreements between you and us and constitutes the entire agreement governing your use of our services. These terms are governed by English law and any disputes shall be referred to the courts of England and Wales.  We may amend these terms at any point and will notify you in writing of the amendments.

 

Site terms of use

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Your access to and use of this website, as well as all related websites operated by I Am Sound Ltd which includes www.iamsoundacademy.com (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

Access.  Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. 

If you choose, or you are provided with, a user identification code, 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 third party. We may disable any user identification code or password, if in our opinion you have failed to comply with any of the provisions of these terms of use. You are responsible for making all arrangements necessary for you to have access to our site.  

Data and Security. The Company shall use commercially reasonable efforts to restrict unauthorised access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorised third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

 

Intellectual property rights.  We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.  

You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by I Am Sound Ltd (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non sub-licensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark I AM SOUND and WE ARE SOUND are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorised use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify the Company at [email protected] Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Communications. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.

Comments. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

 

Reliance on information posted.  Any content or other materials posted on our site is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such content by you or by anyone who may be informed of our content.  We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Liability.  Content displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site. To the extent permitted by law we expressly exclude terms which might otherwise be implied by statute, common law or the law of equity and any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it.

This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

Viruses, hacking and other offence.  You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.  You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately

Links.  You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.  Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

Provisions. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Revisions. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use to which you are bound.


Membership agreement 

Terms of the Membership agreement

a) Members will be charged a fee per month, or per year for the services according to the length of contract (membership term). Current fees are listed at the ‘Membership’ page of our sites. Fees applicable to your membership and payment schedule are confirmed in the email confirming your membership (‘your membership fees’). 

b) Apart from as described in sub-section c) and k) below, all membership fees paid are non-refundable save for in our sole discretion.

c) New members are entitled to a 14 day cooling off period starting from the date of joining. If you no longer wish to be a member within this 14 day period, please cancel via your I Am Sound online account and email [email protected] to request a refund.

d) Your membership agreement shall commence on the day that you join as a member and shall continue until terminated in accordance with these terms. Memberships auto-renew and can be cancelled at any time in accordance with the exit fees and policy defined in sub-section k) below. 

e) In order to access the services you must have access to the internet at a speed which can maintain audio and video streaming and you must accept the terms and conditions of our partner video platforms (currently Youtube and Vimeo). 

f) The use by us and our partners of your personal data shall be in accordance with our privacy policy and any privacy policy of our partners.

g) Payment for membership fees is taken by our third party payment processor. We do not have access to your payment card details. Once you leave our site you are subject to the terms and conditions of our third party booking engine and payment processor. We are not liable for any damage caused in relation to using our partner’s services.

h) Paying the membership fees entitles the member to have access to I Am Sound’s full membership portal and content as listed on the ‘Membership’ page. While we strive to provide a rich and varied offering, we reserve the right to add, reschedule and remove content from our offering as well as to host workshops and other premium special events which will not be included in the membership.

i) We reserve the right to increase the membership fees upon written notice if we increase the amount of content available via the services.

j) We may terminate your membership in the following circumstances (not limited to): your breach of any term, if you provide us with false details, fraudulent or abusive behaviour; or non-payment of fees.  We reserve the right to terminate the offer of a membership at any time and at our sole discretion. We will notify you of our decision to do so.

k) You may terminate a membership at any time via your booking partner account. Membership agreement cancellations before the end of the membership term will be subject to the following exit fees and access policy:  

Membership term

Membership fees

Exit fee

Access policy 

Monthly 

Monthly fee rates are listed at the ‘Membership’ page of our sites

Membership fees for remainder of the term

Access to services will cease at 23.59 GMT on your last day of membership

Annual 

Annual fees rates are listed at the ‘Membership’ page of our sites

Membership fees for remainder of the term at the annual fee rates listed at the ‘Membership’ page of our sites

Access to services will cease at 23.59 GMT on your last day of membership.

 l) Your membership is not assignable to any third party. We may assign our obligations under these terms to a third party on written notice to you.

 

 

Last updated: 4th January 2022

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