Terms of Use

Please read these terms and conditions before placing an online order or using the Website www.kumbhakakissed.com (‘Our Site’). You agree to these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site or you should not place an order.

The materials contained in this website and what you purchase are protected by applicable copyright and trade mark law. This applies whether you are a guest visiting Our Site or a registered user.

If you need to contact Kumbhaka Kissed (‘Us,’ ‘We,’ ‘Our,’ ‘Company’), you can email Us at casey@kumbhakakissed.com 

1. Access & Restriction on Site Use

Permission is granted to use the materials on Our Site for personal, non-commercial transitory viewing only. We reserve a right to withdraw or change the service Our Site provides without notice. If Our Site becomes unavailable at any time, we are not liable.

Under this license you may not: 

a. copy, modify, or resell the materials
b. use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
c. attempt to decompile or reverse engineer any software contained on Our Site
d. remove any copyright or other proprietary notations from the materials
e. transfer the materials to another person or 'mirror' the materials on any other server
 f. use the site in a way that breaches laws or regulations
g. send unauthorised material such as spam or advertising
h. to transmit data or material with known viruses, or other coding known to adversely impact the operation of Our Site

This license will terminate immediately by Us if You violate any of these restrictions. You will not be able to view these materials any longer. Furthermore, when Your license is terminated, You are required to destroy any copied/downloaded materials in Your possession. This includes both electronic and printed format.

2. User Accounts

You agree to provide accurate and complete information if You create an account to access parts of Our Site. You have the responsibility to take proper security measures to protect Your user identification and password. If You have violated these Terms, be aware We have the right to disable your user account.

3. Links

We have not reviewed all of the sites linked to Our Site and we are not responsible for the contents of any such linked site. The inclusion of any link to Our Site does not imply endorsement, sponsorship or recommendation by Us. Hyperlinks are accessed at Your own risk.

We have no control over or responsibility for content or policies in any third party sites. You agree We are not responsible for any damage or loss from any third party that You may access from Our Site.

4. Disclaimers

The materials on Our Site are provided 'as is'.

 We make no warranties, expressed or implied, and disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.  

We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

You understand that We cannot guarantee that material You download from Our Site will be free of viruses, Trojan Horses, worms, and any other codes that have ability to causes destruction or harm to Your Devices. 

4.1 Professional and Health Disclaimer

Our Site offers health, wellness, and fitness information and intended to be used for educational purposes only. This website is designed to support your well-being, but it is not a substitute for professional medical, psychological, or emotional care. If you have specific questions on a medical matter, consult your doctor or other professional healthcare provider. Everyone reacts in their own way to the practice of breathwork and meditation. If any emotional or psychological issues that you may experience as a result of any practice, you acknowledge it is your responsibility to prepare and address those issues.

4.1.a With Regards to SOMA Breath Breathing Techniques (Contraindications)

Do not do the breathing techniques in SOMA Breath if operating heavy machinery or driving. We cannot take liability for any harm caused.

Forceful mouth breathing, prolonged breath holds and extended intense fast breathwork/hyperventilation for more than 5 minutes, should NOT be practiced in the case of any of the following:
- Severe/critical diseases or infections if it impairs your ability to breathe
- Severe uncontrolled hypertension (usually after a heart attack)
- Organ failure or late-stage terminal illness
- Pregnancy If you have epilepsy, a pacemaker, or irregular heart beat (Exception: your doctor gives you specific permission).

Some conditions (Eg: Tinnitus, hernias) may be aggravated by forceful mouth breathing, prolonged breath holds and prolonged, intense, rapid breathing/hyperventilation and careful attention to technique is required. 

5. Information Posted on Our Site

You may find information posted Our Site, within Events or Goods You purchase, and on some of our interactive services (such as blog post comments or community discussion forums) on Our Site that is not posted by Us. Do not rely on this as formal advice and that is not its intent. We disclaim all liability and responsibility related to reliance on those materials by You or those aware of its contents.

5.1 User Generated Contributions

When You make available any contributions to Our Site or engage with other users, You agree to comply with certain standards. These include:

a. You are the creator and owner or have the appropriate licences or rights, consents, permissions to contribute that content. You authorise Us to use Your contributions in a suitable manner.  
b. If you include an identifiable person in your contribution, You have their consent and permission to be used in that way.
c. Your contributions are truthful, they do not mislead or contain inaccuracies.
d. Your contributions do not have unsolicited or unauthorised advertising, promotional materials, spam. This applies to other forms of solicitation.  
e. Your contributions are not violent, harassing, defamatory, offensive, abusive, mocking, deceptive or discriminatory (such as race, national origin, gender, sexual preference, or physical handicap) of anyone.  
f. Your contributions do not promote sexually explicit material or illegal activity.  
g. Your contributions do not violate any applicable law, regulation, or rule.
h. Your contributions protect the health and wellbeing of minors.

When you participate in these features or services, you agree:  

a. When You post, upload, or share any material to Our Site it is considered non-confidential and non-proprietary.
b. We have the right to use, copy, distribute, and disclose to third parties.  
c. If You have violated a third party’s intellectual property rights, We claim the right to disclose Your identity to them. This would happen if  they claim You violated their intellectual property rights.  
d. If You or other users post to the site, We are not responsible nor liable to a third party for its content or accuracy.
e. If You post material or content that does not comply with our standards, We have the right to remove it.
f. You are of legal age, at least 18 years old.

6. Limitations

Our liability for losses you suffer as a result of Us breaking this agreement or of Us cancelling a course or event is strictly limited to a refund of the Course or Event Fee that you paid Us set out on the issued payment and no further compensations are added.

 We are not liable for any loss of income, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, or any indirect or consequential loss, damage or expense incurred by You as a result of entering into this Contract.  

If We are unable to perform Our obligations because of circumstances outside of Our control, or by Your omission, we are not liable for any costs, charges or losses You may encounter directly or indirectly.  

We are not liable for extra costs You may incur as a result of changes in Products or Services, location of Events, time and date of events, or instructors.  

As per UK law, nothing in Section 6 limits our exclusion of liability for death or personal injury as a result of our own negligence. 

7. Terms & Conditions Modifications & Revisions

We may revise these Terms at any time without notice.   When you use of the website, You agree to be bound by the most current version of our Terms of Use as it relates to the Use of Our Site.  If you place an order, terms around your purchase are bound to the Terms and Conditions you received at the formation of Your contract with Us.

 The materials appearing on Our Site could include technical, typographical, or photographic errors. We do not claim any of the materials on Our Site are accurate, complete, or current. We update Our Site regularly and may make changes to the materials contained on Our Site at any time without notice. At times We may need to suspend access to Our Site and/or remove access indefinitely. We do not make any commitment to update the materials and do not have an obligation to update materials on Our Site.

8. Placing Orders

When you place an order on our Website, You purchase various Goods, Services or Events from Kumbhaka Kissed under these terms. All orders are subject to acceptance and availability. We reserve the right to cancel any order at our discretion. All goods will have a description or what you are purchasing. Please read, “Goods/Services at a Distance” for more information.

  Age Restriction. You must be over 18 to purchase these Goods, Services, or Events.

8.1 Your Agreements When You Place an Order

1. You agree and acknowledge that Kumbhaka Kissed reserves the right to replace the instructor of an Event without notice to You at any time prior to the Event without any liability arising from such a change if the original instructor is unable to run the Event.
2.  To participate in an Event, Service, or Good You may be required to fill out a waiver prior to attending the event or having full access to Good or Service.
3. You agree and acknowledge you have read the Professional and Health Disclaimer in Section 4 set out in these terms and conditions.  It is important you understand Goods, Services, and Events not a substitute for counselling, psychotherapy or ongoing medical advice from a qualified medical practitioner.
4. During Events we may from time to time take recordings of the sessions and use individual clips in promotional material, for demonstrations, or any other reasons which we deem necessary.

8.2 Placing an Order for Events

You can make bookings for Events including but not limited to meditations, webinars, or workshops, on Our Website. We reserve the right to refuse any request for booking an Event for any reason at any time and to refund the fees paid.
 
For cancellation and refund policies, please see Section 11.  

8.3 Placing an Order for Goods or Services

The Goods or Services in the form of online or downloadable content are made available in accordance with the Goods or Services descriptions and subject to our right to alter or delete any material. The images of the digital content on Our Website and mobile applications are for illustrative purposes only. Your digital content may vary slightly from those images. 

8.3.a Updates to Digital Content

Changes to digital content may occur:
1. to reflect changes in relevant laws and regulatory requirements  
2. to implement technical adjustments and improvements.  Some examples include to improve performance, enhance functionality or content or address a security threat. These changes will not affect your use of the digital content.

9. Payment Processing for Orders

Payment for Goods/Services and Events must be made at the time of order using the available payment methods listed on our Website.

 All prices are quoted at the checkout. If VAT or other fees are payable this is clearly indicated at checkout. All payments will be in Great British Pounds. You agree to pay all charges at the prices then in effect for your purchases and any applicable fees.  

Payment is processed via our secure payment gateway provided by Stripe, and their terms and conditions will also apply to purchases you make via this site. You confirm all payment details you provide are accurate and that you are authorised to use the chosen payment method.  

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or receive payment. In case of pricing or product description errors, we may cancel or correct the order. If we by mistake have under-priced an item, we will not be liable to supply that item to you at the stated price provided that we notify you before we make available the item concerned.  

10. Order Acceptance and Contract Formation

A contract for the sale of a Good, Service, or Event forms only when we confirm Your order and take payment from You. Until then, orders are non-binding. We will confirm Your order by email.

 If for any reason beyond Our reasonable control, We are unable to supply a particular item, We will not be liable to You except to ensure that You are not charged for that item.

10.1 Electronic Communications, Transactions, and Signatures an Order

By placing an order, You consent to receive electronic communications about Your order and Our products.
 
You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by Us or via the service. You waive any rights or requirements under any statues, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or deliver or retention of non-electronic records, or to payments of the granting of credits by any means other than electronic means.

11. Your Right to Cancel Order / End the Contract

You may have the option to cancel your order subject to the terms below. Your rights will depend on what you have licensed, if anything is wrong with what you purchased, the time when you decide to end the contract or cancel, and whether you are a consumer or a business customer.

  To cancel, please contact us at casey@kumbhakakissed.com or via Our Website, before the end of the Cancellation Period.

11.1 Cancellation & Refunds for Event Contracts

A cancellation policy for an Event specified when booking will always take precedence, but in the absence of such policy the following will apply:

a.  The payment is non-transferrable, non-refundable except with the prior written agreement of Kumbhaka Kissed and this decision is under Our discretion.
b.  If you cannot attend the Event, You may have the option to transfer Your Event order to another acquaintance or switch Your Event order to another Event date. Both options are subject to availability and adequate notice.  
c.  If the Event is organised by Us and We cancel the event (which We reserve the right to do), then We will either: provide a booking for an alternate Event date, or provide a refund if You cannot make the alternate event or date.

11.2 Cancellation & Refunds for Goods & Services Contracts

  1. If what You have licensed is faulty or misdescribed: You may have a legal right to end the contract (or to get the digital content repaired or replaced or to get some or all of Your money back)   
  2. If You purchase digital content: You consent to lose access to a 14-day right to cancel, as in accordance with The Consumer Contracts Regulations 2014. In exceptional circumstance we reserve the right to consider a full or partial refund. If You have placed an order and have not accessed the course within the 14-day cooling off period or have accessed <10% of the course, We reserve the right to consider a full (if You have not accessed content) or partial (if you have accessed <10% of content). In those scenario, please email us.   
  3. If You want to cancel the contract for because of something We have done or are going to do: We will end the contract immediately and refund You in full for which you have not been provided. These reasons include: 
  1. We have told you about an error in the price or description of the digital content you have ordered and you do not wish to proceed 
  2. There is a risk that supply of the digital content may be significantly delayed because of events outside our control 
  3. You have a legal right to end the contract because of something we have done wrong

12. Licensing of Digital Content

If You place an order for digital content and We accept that order We will license to You the non-exclusive right to access the digital content via Our Website and mobile applications.

 If You are a consumer, the digital content is for Your personal, non-commercial use only. Any other use of digital content is strictly prohibited. You may not download (other than to Your mobile application), modify, transmit, publish, participate in the transfer or sale of, sub-license, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the digital content, in whole or in part.  

All intellectual property rights in the digital content belong to Us or Our licensees. You have no intellectual property rights in or to the digital content other than the right to use it in accordance with these terms.

13. Delivery 

We will deliver Goods to the email address You registered Your account with Us. It is Your responsibility to check all folders of Your Inbox, including Spam to look for the order.

 If You have pre-ordered digital content, the date it is available will be displayed before You pay and the digital content will be available after that date.  

We are not responsible for delays outside Our control. If Our supply of the digital content is delayed by an event outside Our control then We will contact You as soon as possible to let You know and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event, but if there is a risk of substantial delay You may contact Us to end the contract and receive a refund for any digital content You have paid for but not received as described in Section 11.2.

14. Promotions and Discount Codes

Terms for combining discounts or promotions will be outlined at the time of the offer. Promotions and discount codes may be changed or withdrawn at any time. We reserve the right to modify, suspend, or discontinue any promotion or discount code without notice.

15. Force Majeure

Kumbhaka Kissed will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Agreement that is caused by events outside its reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of Kumbhaka Kissed.

16. Governing Law

The terms and any dispute arising out of or relating to Our Site shall be governed by the law of England and Wales. We agree that the English Courts have exclusive jurisdiction to settle disputes or claims related to these Terms.

17. Privacy Policy

When you visit Our Site, we process information about You as described in our Privacy Policy. By using and accessing Our Site, you consent to the to the policy. Read more on Privacy Policy here.

18. Cookie Policy

Read more on Cookie Policy here.

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