TERMS AND CONDITIONS
Welcome to jasmin-manke.mykajabi.com and https://jasminmanke.com, the destination for personal growth, empowerment and success through transformative coaching programs, exclusive resources and a supportive community. These Terms and Conditions govern access and use of the Platform, including all services, features and content provided. By accessing or using the Platform, You acknowledge and agree to be bound by these Terms and Conditions, which form a valid and binding agreement between You and the Company.
Capitalised terms shall have the following meanings:
Business Day (s) |
means a day (other than a Saturday, Sunday or public holiday) when banks in United Arab Emirates are open for business; |
Company |
means Jasmin Manke LLC, an entity incorporated under the laws of UAE under licence number 2112220.01, having contact number as +971585303188 and email address as [email protected]; |
Community Guidelines |
means the rules, standards and expectations established by Us from time to time, to govern the behaviour and conduct of Users while interacting with the Platform, including but not limited to communication with other Users and participation in any Programs or forums available on or through the Platform; |
Force Majeure Event |
means any event or circumstance beyond control of the Company, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, pandemics or failures of telecommunications or internet services, that prevents or delays performance under these Terms and Conditions; |
Hypnodance® |
means the proprietary activation method developed and owned by the Company that combines movement, rhythm and guided visualization to promote emotional regulation, reduce stress and support personal and professional growth; |
Indemnified Parties |
has meaning as outlined in clause 13.1; |
Members Club |
means the Wealth Being Members Club, providing access to mentorship, resources and Hypnodance® activations; |
Personal Data |
means any data relating to an identified natural person, or one who can be identified directly or indirectly by way of linking data, using identifiers such as name, voice, picture, identification number, online identifier, geographic location, or one or more special features that express the physical, psychological, economic, cultural or social identity of such person; |
Platform |
means the website with URL https://jasmin-manke.mykajabi.com/ and https://www.jasminmanke.com , managed by Us; |
Program(s) |
refers to structured self-paced or live coaching courses available on the Platform, including but not limited to the Wealth Being Members Club, Wealth Being Mastermind, Private Mentorship, The Confident Boss Academy® and any other courses available on the Platform; |
Sessions |
means live training elements, including but not limited to coaching calls, video calls or other live information sessions, which are part of the Program(s) offered on the Platform; |
Session Recordings |
means any audio, visual, or audiovisual recordings of Program content, including but not limited to coaching calls, Hypnodance® activations, and mentorship sessions; |
Submissions |
means the content, including but not limited to comments, reviews, feedback, suggestions, photographs, videos, articles or other materials submitted by Users; |
Terms and Conditions |
means these terms that govern the use of the Platform and form a valid and binding contract between Us and You; |
Third-Party Sites |
means any third-party website or platform; |
User(s) |
refers to individuals and corporates who have successfully enrolled to a Program(s) offered by us, paid the requisite fees and has been granted access to the exclusive features and content available on the Platform and any additional resources or benefits as determined by us; |
Us / We / Our |
refers to the Company domiciled in the UAE and its affiliates, subsidiaries and related entities; |
UAE |
means the United Arab Emirates; |
You / Yours |
refers to you as a User of the Platform; and |
User Account |
means the account of a User on the Platform. |
YOUR CONSENT
By visiting the Platform, You confirm that you are at least eighteen (18) years of age, which is the legal age to form a binding contract and are not a person or entity barred from entering into contracts under the laws of the UAE, and You provide unconditional consent to the Terms and Conditions.Your access to and use of the Platform (in any form or manner) signifies your acceptance of these Terms and Conditions. We urge you to read these Terms and Conditions thoroughly to understand your rights and obligations. By using the Platform, You agree to comply with any licences or restrictions specified herein. Should you disagree to be bound by the Terms and Conditions, please do not use the Platform in any way.
DESCRIPTION OF THE PLATFORM
The Platform provides Users with access to Programs designed to guide Users on topics related to personal and professional growth. The Program is available to both individuals and organisations across various sectors, including, but not limited to, corporate businesses, healthcare providers, government entities, educational institutions and entrepreneurs. By enrolling in a Program, Users gain exclusive access to these transformative resources.
USE OF THE PLATFORM
4.1 The Platform may be accessed on various devices, including but not limited to mobile phones, tablets, laptops, computers, smart devices and other application program interfaces. We do not guarantee compatibility with any specific devices.
4.2 Subject to Your compliance with these Terms and Conditions, We grant You a limited, non-exclusive, non-transferable licence to:
- access and use the Platform solely in connection with its intended purpose; and
- access and use any content, information and related materials that may be made available through the Platform, in each case solely for Your personal use.
Any rights not expressly granted in these Terms and Conditions, shall be reserved by Us.
4.3 The licence granted to You expressly prohibits the following, including but not limited to:
- downloading and/or modifying any Program content or any portion of it, except with prior written consent from us;
- using any robots, data mining or similar data gathering and extraction tools;
- any derivative use of the Platform or any resale use of the Platform;
- uploading, transferring and/or disseminating viruses, trojans or other harmful elements that may contaminate and/or damage the Platform;
- making any false, fraudulent or speculative reservation or post or listing, transmitting any unlawful, infringing, defamatory, threatening, indecent, obscene, pornographic or profane material or otherwise questionable material relating to Us or the Platform;
- taking screenshots of any content available on the Platform and disseminate such screenshots in any manner whatsoever; and
- copying, reproducing, duplicating, reselling or transferring content of the Platform for any commercial purposes without prior written consent from the Company.
4.4 Users are strictly prohibited from the following, including but not limited to:
- recording, downloading or capturing any Program content, Sessions or Hypnodance® activations in any form;
- creating or attempting to create copies of Program materials;
- sharing access credentials or Program content with any third party;
- using screen recording software during Sessions or while accessing Program content; and
- taking screenshots of any Program materials or content.
Any violation of these prohibitions will result in immediate termination of Your User Account, and access to the
Platform without refund. The Company reserves the right to pursue any and all legal action against violators.
4.5 You are solely responsible for ensuring you are fully aware of the laws that govern your relationship with Us and use of the Platform. We reserve the right to terminate these Terms and Conditions without any notice.
4.6 The Platform shall not engage with any individual or entity that has international sanctions (including but not limited to trade, military or economic) against them by an international, national or regulatory authority. Kindly refrain from using the Platform if You (or any entity You are part of) are sanctioned by the United States Office of Foreign Assets Control (OFAC), United Nations or UAE or You deal with persons or entities that are sanctioned with any of these organisations. In accessing the Platform, You will not seek to interrupt, interfere or act in any manner whatsoever, contrary to the Terms and Conditions or the applicable laws of the UAE.
USER ACCOUNT
5.1 To access certain features of the Platform including Programs, Users are required to create a User Account by providing accurate, current and complete information during the registration process, including but not limited to Your full name, email address and any additional details as requested by the Company. You agree to promptly update Your User Account information promptly to ensure its accuracy and completeness. Failure to provide accurate and complete information may result in the suspension or termination of any User Account as per clause 4.5.
5.2 You are responsible for maintaining the confidentiality and security of Your User Account credentials, including Your username and password. You agree to immediately notify the Company in writing of any unauthorised use of Your User Account or any other breach of security. The Company shall not be liable for any loss or damage arising from Your failure to protect Your User Account credentials.
5.3 Users may use their User Account exclusively for personal and professional educational purposes, as outlined in these Terms and Conditions. Each User Account is intended strictly for the individual use of the registered User authorised by us.
5.4 We reserve the right, at our sole discretion, to suspend, restrict or permanently terminate any User Account and their access to the Platform at any time, with or without notice. Grounds for such action include but are not limited to:
- a breach of these Terms and Conditions;
- suspected unauthorised use or access to the Platform;
- false or misleading User Account information;
- any behaviour that we deem inappropriate or harmful to other Users or the Platform; and
- any other conduct deemed unacceptable by the Company
In the event of termination, You will lose access to the Platform, any associated Programs, and any content stored on the Platform. The Company shall not be liable for any loss of data or content arising from such suspension or termination.
5.5 In the event of a forgotten password or User Account compromise, You may use the Platform's account recovery options to regain access. The Company does not make any guarantee regarding the recovery of any User Account and shall not be responsible for any loss of data, content, or access resulting from account compromise.
5.6 All information, photographs, videos content and other materials are by way of illustration purposes only and are subject to change. By using this Platform, You waive any claim against Us for any inaccuracy in the Platform materials. If You upload any information, photographs, content or illustration on the Platform You warrant and guarantee that You are not violating any third party’s rights, any laws, rules or regulations and in doing so provide us with a perpetual, irrevocable right to use and distribute such content.
USER ACCOUNTS AND PROGRAM ENROLMENT
6.1 Individuals and corporates are eligible to enrol in our Program under the following fee structure:
- Individuals: The most up-to-date pricing will be reflected on the relevant Program sales page.
- Corporates: Corporate enrolment is available for organizations enrolling a minimum of five (5) Users. The fee shall be determined and communicated directly to the corporate entity by the Company via email.
6.2 Upon enrolment, Users will gain access to the Program as per the specific services, resources and features outlined on the relevant Program feature page. The scope of access may include but is not limited to training modules, exclusive content, interactive sessions and support services. Access to certain Program features may vary depending on the enrolment type (individual or corporate) and any applicable Program offerings. Users acknowledge that Program content, structure and benefits may be updated from time to time at the Company’s sole discretion.
6.3 Upon successful enrolment, the User will gain access to the Program, subject to the limitations and permissions outlined in these Terms and Conditions.
6.4 Program enrolment for both individuals and corporate entities is non-transferable. Unauthorised sharing or distribution of User Account credentials, content or Program benefits with unauthorized third parties is prohibited and constitutes a material breach of these Terms and Conditions.
6.5 Enrolment in Program(s) requires Your commitment to the specific access period applicable to each Program or membership, as outlined on the relevant Program feature page and this cannot be terminated midway through unless by Us for Your breach of these Terms and Conditions. Program durations and renewal terms may vary and are determined by the specific terms applicable to each Program, as outlined on the relevant Program feature page. Memberships that require renewal will automatically renew for the specified term unless a written cancellation request is submitted to [email protected] or [email protected] at least seven (7) Business Days before the renewal date. Early termination or withdrawal from a Program does not relieve the User or corporate entity of its payment obligations. Payment obligations shall remain for the full agreed term. All fees paid are non-refundable, except as expressly provided in these Terms and Conditions or otherwise agreed in writing by the Company.
6.6 Cancellation requests for Program enrolment must be submitted in accordance with the cancellation policy provided by us and in writing. Upon cancellation, the User’s access to the Platform and Program materials will terminate.
6.7 We cannot control when You use or access the Program and this is at your discretion how you choose to use the opportunity available to you on the Platform. We do not make any assurances or guarantees of success, wealth or otherwise in Your use of the Platform or the Program.
PLATFORM FEATURES
7.1 The Platform offers access to educational content designed to enhance personal and professional growth. The Programs provided are structured into modules, each focusing on key aspects such as expanding Your capacity to attract and manage wealth, emotional regulation, stress recovery and success in business. Each module includes:
- written materials;
- work sheets;
- videos;
- replays from calls;
- Hypnodance® audios;
- access to the members portal on The Wealth Being App;
- the chat and the Program videos;
- discussion forums; and
- quizzes
7.2 Certain Programs may include live Sessions. These Sessions are scheduled by Us, and the dates and times will be communicated to You via email. It is Your responsibility to attend the Sessions as scheduled. If You are unable to attend, no alternative dates or times will be offered, and no compensation or rescheduling will be provided.
7.3 The Programs offered through the Platform are designed for personal and professional development, and do not grant academic credit or certification from any accredited institution. Upon successfully completing a Program, You will receive a certificate issued by Kajabi. This certificate is for recognition of completion and does not represent formal academic accreditation.
7.4 The content and materials available on the Platform, including but not limited to text, graphics, videos and resources, are provided for informational purposes only. They are not intended to substitute for professional advice, including medical, psychological or financial advice. You are encouraged to seek appropriate professional guidance for Your individual circumstances.
SECURITY AND PRIVACY FEATURES
The Platform is committed to upholding a secure and private environment for all Users. To achieve this , the Platform incorporates features to moderate content and reserves the right to remove or restrict access to Users who violate these standards. Additionally, the Platform implements measures to prevent the unauthorised sharing of login credentials and content, ensuring the protection of the Company’s intellectual property and the integrity of the Program.
PAYMENTS
9.1 You agree to pay all fees and charges associated with Program enrolment as specified on the Platform. Payments of fees is a condition precedent to Your access to the Programs and associated features. All payments are due in full at the time of enrolment and Users shall provide valid and accurate payment information when making any payments through the Platform.
9.2 All fees associated with User Payments shall be processed through Our designated third-party payment processor, Stripe, which may be changed at any time, at Our sole discretion and without notice. You may be required to provide payment details, including but not limited to credit or debit card information at the time of enrolment. We do not store Your payment information on the Platform, and all transactions are subject to the terms and conditions of the respective payment processor.
9.3 Corporate users shall remit any and all fees directly to the designated bank account provided by the Company. All fees must be made in cleared funds and no other alternative payment methods will be accepted for unless explicitly agreed upon by the Parties in writing.
9.4 All fees and charges shall be paid in United States Dollars (USD) or AED unless otherwise specified in writing by the Parties. The Company shall not be responsible for any additional fees, including but not limited to currency conversion fees, imposed by the Your financial institution or the payment processor.
9.5 All fees made to the Company are non-refundable, except as expressly provided in these Terms and Conditions or otherwise agreed upon in writing by the Company. Failure to use the Programs or associated features does not entitle You to a refund.
9.6 We reserve the right to change the fees associated with Program enrolment at any time. Any such changes shall be communicated to You in advance and Your continued use of the Platform following such notice shall constitute acceptance of the revised fees.
9.7 Any disputes regarding payments must be reported to Us within three (3) calendar days following the date of the disputed transaction. Failure to notify Us in writing within this period constitutes a waiver of any and all claims related to any paid or disputed transaction. We reserve the right to investigate and resolve such disputes at Our sole discretion.
9.8 In the event of unpaid or overdue fees, the Company will issue a written notice to You using the contact information associated with Your User Account, specifying the outstanding balance, payment instructions and a deadline for settlement. If payment is not received in cleared funds by the specified deadline, the Company reserves the right to suspend Your access to the Platform and all associated Programs until the overdue amount is fully paid. The Company may impose a late payment fee of ten (10) percent on any overdue amounts. If the outstanding balance continues to remains unpaid following the initial notice, the Company may continue to suspend your User Account or permanently terminate Your enrolment, revoke access to the Platform and take legal action to recover the overdue amount, including late payment fees and any associated costs. Reinstatement of access, if permitted, will be at the sole discretion of the Company and subject to full payment of all outstanding balances, late fees and any administrative costs incurred. You acknowledge that failure to comply with these payment terms constitutes a material breach of these Terms and Conditions and waives any claims related to the suspension or termination of access (including but not limited to claims for refunds).
9.9 Users are solely responsible for ensuring their payment methods remain valid and up-to-date to avoid disruptions in access to the Platform and Programs. You acknowledge and agree that regardless of whether or not You continue to access the Platform or participate in the Programs, You remain fully responsible for fulfilling Your payment obligations for the entire twelve (12) month commitment period.
9.10 In the event of any breach of these Terms and Conditions or any misconduct by a User, we reserve the right to terminate or suspend a User’s Program enrolment without notice and without refund of any fees paid.
9.11 The restrictions and protections in this clause 9 survive suspension or termination of the User’s access or membership to the Program.
COMMUNITY GUIDELINES
10.1 All Users must adhere to the Community Guidelines outlined in these Terms and Conditions. These Community Guidelines establish the rules, standards, and expectations governing User conduct while engaging with the Platform. This includes, but is not limited to, communication with other Users and participation in any Programs, Sessions or forums available through the Platform.
10.2 We reserve the right to update or modify the Community Guidelines at Our sole discretion, without prior notice. It is your responsibility to remain informed and ensure ongoing compliance with the most current version of the Community Guidelines.
10.3 We are committed to maintaining a respectful, inclusive, and safe environment for all Users. To support this objective, any form of harassment, abuse, discrimination, or hate speech - whether based on race, ethnicity, gender, sexual orientation, religion or any other characteristic is strictly prohibited. You are also prohibited from engaging in any fraudulent or deceptive activities, including impersonating other Users, providing false information or attempting to mislead others through any means.
10.4 We encourage you to report any violations of these Community Guidelines by submitting a written complaint to the Company via the contact details provided on the Platform. We will investigate all reported violations and take appropriate action, as determined in Our sole discretion.
10.5 We retain the right to enforce these Community Guidelines at any time. Enforcement measures may include, but are not limited to, issuing warnings, suspending or terminating access to the Platform or enrolment in Programs and pursuing legal action where necessary.
10.6 Repeat violations of these Community Guidelines may result in more severe actions, up to and including permanent suspension from the Platform or Programs.
10.7 We reserve the right to monitor and moderate User interactions on the Platform to ensure compliance with these Community Guidelines. This may include reviewing forum posts, session contributions or other Platform activities.
10.8 If you believe an enforcement action has been taken in error, you may submit an appeal in writing through the contact information provided on the Platform. Appeals will be reviewed at Our sole discretion.
10.9 Users are encouraged to engage positively, supportively and respectfully with others on the Platform, contributing to an environment that promotes collaboration, learning and mutual respect.
10.10 You must respect the privacy of other Users. All communications related to the Program are to be conducted within the app's chat feature to safeguard User privacy and prevent the unauthorized use of contact information. Sharing personal or sensitive information of other Users, including but not limited to their names, contact details, or any other identifiable data, outside of the Program without their explicit consent is strictly prohibited.
10.11 By participating in the Program, You agree to maintain the confidentiality of any personal or sensitive information shared by other Users. This includes refraining from disclosing such information outside of the Program, whether through written, verbal, or digital means. You undertake not to discuss the content or members of the Program or our community with any third party. Any violation of this confidentiality obligation may result in the suspension or termination of Your access to the Platform and Programs, as well as potential legal action. The restrictions and protections in this clause 10.11 survive suspension or termination of the User’s access or membership to the Program.
ONLINE COMMUNICATIONS
11.1 Upon Your successful enrolment in the Program, which shall include our acceptance of Your enrolment request, You hereby consent to the automatic subscription to Our newsletter and the receipt of electronic communications from Us. Such communications may include, without limitation, emails, notifications, advertisement and details related to Your use of the Platform, Program enrolment, Session schedules and other relevant updates unless You opt out in writing to Us. In the event You wish to withdraw Your consent to receive such communications, You may do so by contacting Us at [email protected]. Please be advised that opting out may adversely affect Your receipt of notifications regarding updates, modifications and other important information related to the Platform.
11.2 We are committed to protecting Your privacy and ensuring the confidentiality of all communications. We shall not be liable for any unauthorised access or interception of communications transmitted via the Platform.
LIMITATION OF LIABILITY
12.1 To the fullest extent permitted by applicable law, the Company, its affiliates, directors, officers, employees, agents, licensors and service providers shall not be liable for any direct, indirect, incidental, consequential, special, punitive or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, use, data or other intangible losses, arising out of or in connection with Your use of or inability to use the Platform, including any Program(s) or Sessions, even if We have been advised of the possibility of such damages.
12.2 The Platform, Program(s), and any associated content are provided on an "as is" and "as available" basis. We make no warranties or representations regarding uninterrupted access to the Platform or error-free delivery of Program(s), Sessions or other content.
12.3 We shall not be liable for any actions, errors, omissions, representations, warranties, breaches or negligence of any third-party service providers or for any personal injuries, death, property damage or other damages or expenses resulting therefrom.
12.4 In no event shall Your total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to negligence, or otherwise) exceed 10% of the amount paid by You to access the Platform or enrol in the Program(s) in the three (3) months preceding the claim for the specific individual User in question.
12.5 The Company shall not be held liable for any failure or delay in the performance of its obligations under these Terms
and Conditions to the extent that such failure or delay is caused by a Force Majeure Event.
INDEMNITY
13.1 You agree to indemnify, defend and hold Us and Our Affiliates harmless ("Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, omissions and expenses (including reasonable legal fees and costs) arising out of or in connection with:
- Your access to or use of the Platform, including Program(s), Sessions and Submissions, including any content or data transmitted, uploaded or stored by you on or through the Platform;
- Your breach or violation of these Terms and Conditions, including but not limited to any representations, warranties and covenants contained herein;
- Your violation of any rights of a third party, including but not limited to any intellectual property rights, privacy rights or publicity rights; or
- any claim that Your content caused damage to a third party.
13.2 This indemnification obligation shall apply to any actions or claims that may be made against the Indemnified Parties by any third party, including but not limited to other Users, arising out of or in connection with Your use of the Platform or any breach of these Terms and Conditions.
THIRD-PARTY SITES
14.1 The Platform may contain links to Third-Party Sites, services or resources that are not owned or controlled by Us. These links are provided solely for Your convenience and do not constitute an endorsement, approval or recommendation by Us of the content, products, services or information available on or through such Third-Party Sites. The inclusion of any links to Third-Party Sites on the Platform does not imply that we endorse, approve or are affiliated with the operators of those sites nor does it imply any responsibility for the content or practices of those sites.
14.2 We have no control over, and assume no responsibility for, the content, privacy policies, practices or availability of any Third-Party Sites. You acknowledge and agree that Your access to and use of any Third-Party Sites is at Your own risk and we shall not be liable for any loss or damage that may arise from Your use of or reliance on any Third-Party Sites.
14.3 Your use of any Third-Party Sites may be subject to additional terms and conditions imposed by the operators of those sites. It is Your responsibility to read and understand those terms and conditions before using any Third-Party Sites.
14.4 Any interactions, transactions or communications between You and any Third-Party Sites, including the purchase of goods or services, are solely between You and the third party. We shall not be responsible or liable for any claims, interruptions, disputes or issues whatsoever arising from such interactions.
SUBMISSIONS ON THE PLATFORM
15.1 The Platform may allow Users to post comments, upload, share or otherwise submit Submissions. By making any Submissions on the Platform, You represent and warrant that you have the right and authority to make such Submissions and that Your Submissions do not violate any law, infringe the rights of any third party or breach any agreement. You further acknowledge that any information you share is at your own risk and Company shall not be held liable or responsible for any unauthorised use or leakage of your Submissions, including but not limited to instances where your content is copied by others.
15.2 By submitting content to the Platform, You hereby grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submissions in any media format and through any media channels now known or hereafter developed. You agree that we may use Your Submissions for any purpose, including but not limited to promotional, marketing and commercial purposes, without compensation to you.
15.3 Any Submissions you make to the Platform are considered non-confidential and non-proprietary. We shall have no obligation to treat any Submissions as confidential and shall not be liable for any use or disclosure of Submissions.
15.4 You agree that any Submissions you make on the Platform will comply with the Community Guidelines and will not contain any material that is unlawful, harmful, defamatory, obscene, offensive, discriminatory or otherwise objectionable. We reserve the right to remove or edit any Submissions at Our sole discretion and without notice.
15.5 Users are solely responsible for the content they post, share or communicate on the Platform. By using the Platform, you agree not to upload or distribute any content that infringes on the intellectual property rights of others or violates applicable laws.
INTELLECTUAL PROPERTY
16.1 The entire content of the Platform, Programs and Sessions including but not limited to text, designs, graphics, photographs, video, interactive presentations, photographs, software, logos, arrangements and layouts are Our sole and exclusive property or are licensed to Us and all rights are reserved and are protected by international copyright laws.
16.2 All trademarks and trade names including and all other derivatives thereof including the trademarks appearing on the Platform are proprietary to Us and may only be used by licensees authorised by Us and are protected by international intellectual property rights laws. You agree not to use, disseminate, publish or reverse engineer any content or other intellectual property rights on this Platform without Our prior written consent.
16.3 Users acknowledge and agree that Hypnodance® is a registered trademark of the Company and is protected by applicable intellectual property laws. Users agree that they shall not use, reproduce, distribute, display or exploit Hypnodance® or any related content, branding or materials for any commercial purposes without the prior express written consent of the Company. Unauthorised commercial use includes, but is not limited to, reselling, sublicensing or incorporating Hypnodance® materials into any other product, service or platform for financial gain. Users further agree that Hypnodance® shall be strictly used under the Company’s supervision or through authorised Programs and shall not be practiced independently or outside the Company’s framework. Users acknowledge that music bytes relating to Hypnodance® shall only be used for personal use and not be transferred or shared with any third party whosoever unless that third party is a validly subscribing member of the Program. The Company reserves the right to suspend User’s access indefinitely or terminate User’s account or take legal action in case of any unauthorised use of its trademark or related intellectual property.
16.4 Users seeking commercial use of Hypnodance® may contact [email protected] or [email protected].
SEVERABILITY
In the event a court in the UAE or in any other applicable jurisdiction finds any part of the Terms and Conditions unenforceable or invalid, then such part shall be deemed deleted and the rest of the Terms and Conditions shall continue to be in effect to the fullest extent permissible by the applicable laws.
AMENDMENT
We reserve the right to change any content on the Platform including the Terms and Conditions without any prior notice. Your continued use will automatically be deemed as Your consent to these Terms and Conditions.
NOTICES AND COMMUNICATIONS
Any notices or communication under the Terms and Conditions or Disclaimer may be delivered to You electronically and such notification shall be deemed valid. Notices or communication to Us can be delivered electronically at [email protected].
GOVERNING LAW AND JURISDICTION
By using the Platform, you expressly consent and agree to the governing law and jurisdiction of the UAE over the Terms and Conditions and any disputes arising from or related to these Terms and Conditions, the Platform the Program(s) or any transactions conducted through the Platform shall be governed by and construed in accordance with the laws of the UAE. If you are a resident of UAE, disputes shall be referred to Dubai Courts provided always that in the event of your breach in payment under these Terms and Conditions, we have the right to bring claims in the courts of Dubai International Financial Centre (or the courts or local tribunals where you may be domiciled or located where you are not a resident of UAE) which you explicitly agree to. If you are not a resident of UAE, any disputes shall be subject to the exclusive jurisdiction of three (3) arbitrators under the rules of the Dubai International Arbitration Centre (DIAC) with the seat in Dubai, UAE, irrespective of the Users’ geographical location. Arbitration proceedings shall be conducted in the English language.
TERMINATION
21.1 We reserve the right at any time, and for any reason, to terminate this agreement between us, by email. You may terminate Your agreement with us by sending us a written notice by email at [email protected] and discontinuing Your use of the Platform or by deleting Your User Account. If you wish to terminate your agreement before your membership renews, please do so in accordance with clause 6.5. Termination of the agreement between us according to these Terms and Conditions does not affect either of our already accrued rights or liabilities prior to the date of termination.
21.2 Termination of this agreement, whether initiated by You or the Company, shall not affect any rights or liabilities that have accrued prior to the date of termination.
21.3 Upon termination:
- Your access to the Platform and all associated Programs, content and features shall be immediately revoked.
- Any outstanding payment obligations owed by You to the Company shall remain due and enforceable.
- The Company reserves the right to retain any amounts paid by You prior to termination, subject to applicable laws and these Terms and Conditions.
- The Company may, at its sole discretion, delete any data or content associated with Your User Account, except where retention is required by law or permitted under the Company’s Privacy Policy.
21.4 You acknowledge that termination of this agreement does not relieve You of any obligations incurred prior to termination and that the Company may pursue any legal remedies available to recover outstanding amounts or address breaches of these Terms and Conditions.
DISCLAIMER
22.1 The content provided on this Platform is for informational purposes only and is not intended as medical advice, diagnosis or treatment neither is it intended to be an alternative or replacement for any medical advice or treatment.
22.2 For further clarity, the information available through the Platform, including but not limited to, text, graphics, images and other material, is not a substitute for professional medical advice, consultation or care from a licensed healthcare provider. You should seek the advice of Your physician or another qualified healthcare provider with any questions you may have regarding a medical condition or treatment.
22.3 We make no representations or warranties, nor do we provide any guarantees concerning the accuracy, completeness, suitability or result of any information or content provided on the Platform for any purpose. The use of any content or information provided through the Platform is solely at Your own risk. All content is provided "as is" without any warranties of any kind, either express or implied.
22.4 Nothing in these Terms and Conditions shall be construed as creating a partnership, joint venture, agency or any other similar relationship between the User and the Company. The User agrees that they are acting as an independent entity and not as an agent, partner or representative of the Company.
Last updated (January 2025)