Terms of Service OVERVIEW

This website is operated by Alchemy of Living , a company with legal residence in Scotland, under the brand name of Alchemy of Living . Throughout the site, the terms “we”, “us” and “our” refer to Alchemy of Living .

Alchemy of Living offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Alchemy of Living is an international school that offers Tantra, Yoga and meditation courses worldwide with an online platform for educational resources and course registration through the URL https://alchemyofliving.co.uk (referred to as the “Website”) that allows you to, among other things, register for upcoming courses, workshops and events; utilise various educational resources such as blogs, vlogs and recorded meditations; learn about our various offerings, philosophy and mission.

Alchemy of Living has employees, independent contractors, organisers, directors, officers, affiliates, agents, interns, suppliers, service providers or licensors representatives (referred to as “our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you are a ”Student” according to this Agreement (also referred to as “you,” “your”).

Any new features or tools which are added to the current online platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least 18 years of age.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site and to Terms of Service.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

Once a Student has made a purchase or a first payment, price changes are not applicable in those cases.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without any notice at any time. If a client has made a purchase to a discontinued Service, a full refund will be granted.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products and content and overview of courses that appear on our website and are offered for purchase. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products/courses or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third- party provider(s).

We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third- party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example feedback of courses participation, written, audio or video clips) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through our website or online store is governed by our Privacy Policy. Please refer to our Privacy Policy to learn more.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to courses descriptions, locations, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability, etc. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel participation in courses or orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Alchemy of Living , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Alchemy of Living and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of

Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMS OF PAYMENT AND CANCELLATION

If you have purchased a ticket to one or more of our courses, then the following terms and conditions apply to you:

16.1. GENERAL TERMS & CONDITIONS APPLICABLE FOR ALL COURSES

• Early bird discounts: For Students who wish to take advantage of the early bird discounts, full payment must be made latest by the defined early bird deadline for that specific course. Once that deadline has passed, the next level up of fees are due.

16.2. NON-APPLICATION COURSES

In the event a Student cancels his/her course participation 30 DAYS or more prior to the course start date, a full refund is granted.
In the event a Student cancels his/her participation less than 30 days but no later than 14 DAYS prior to the course start date, a fifty percent (50%) refund is granted.
In the event a Student cancels his/her participation less than 14 days prior to the course start date OR in the case of no-show, NO REFUND of any kind will be granted, nor can the monies paid be applied to any other course.
In the event a participant has been fully accepted into a course but the course group has not yet been fully confirmed (See Section 17 – Course Confirmation) a full refund, inclusive of any deposit payments made, can be requested by the participant and granted by Alchemy of Living .

16.3. COURSES WITH AN APPLICATION

Alchemy of Living offers courses that require an application for participation and courses where no application is required. Herein describes the terms and conditions for payments and cancellations for APPLICATION courses, whereby a Student will submit an application that will require approval from one of our head teachers before full acceptance into the course is granted.

The terms and conditions for application courses are more strict than that of non-application courses for the simple reason that many of our application courses require gender balance, such as in the case of the Tantra Massage courses. When a Student is fully accepted and confirmed into a gender balanced course this means someone from the opposite gender has also been accepted, and balance is thus maintained. Therefore, your cancellation will automatically force our Team to also cancel an innocent Student from the opposite gender so that the gender balance is not disturbed.

EXPLANATION OF TERMS

PAYMENT denotes a full payment that is required for application courses.
PAYMENT 1 denotes a partial deposit payment that is required for application courses.
PAYMENT 2 denotes the remaining amount due once the deposit payment (PAYMENT 1) has been made and the Student has been accepted to the course.
REFUND POLICIES

Upon cancellation from an application course by the Student, due to whichever reason and whenever, any payments already made in full (PAYMENT) where the application has been accepted and the course has been confirmed, no refund is granted, unless the cancelling student finds a replacement student. The replacement Student will need to go through the normal procedures of applying, including submitting any required payments and filling out the application form no later than 10 days before the course start date. Once full tuition is received the cancelling Student will receive their 50% refund of PAYMENT ONLY. If no replacement Student is found, no refund, of any kind, will be granted
Upon cancellation from an application course by the Student, due to whichever reason and whenever, any deposit payments (PAYMENT 1) are NON REFUNDABLE, and cannot be used as a credit for any other course. Deposit payments are titled “PAYMENT 1” on the course description page whereby an application is required.
In the event a Student cancels his/her course participation from an application course, a 50% refund of PAYMENT 2 will only be offered if the cancelling Student finds a replacement Student. The replacement Student will need to go through the normal procedures of applying, including submitting any required deposit payments (PAYMENT 1) and filling out the application form. If he/she is accepted to the course, then they will need to make final payment (PAYMENT 2) for the remaining tuition no later than 10 days before the course start date. Once full tuition is received the cancelling Student will receive their 50% refund of PAYMENT 2 ONLY. If no replacement Student is found, no refund, of any kind, will be granted.
In the event a Student has been fully accepted into a course but the course group has not yet been fully confirmed (See Section 17 – Course Confirmation) a full refund for PAYMENT, PAYMENT 1 and PAYMENT 2 can be requested by the Student and granted by Alchemy of Living .

16.4. COURSES CANCELLED BY THE SCHOOL

In the unlikely event a course is postponed or cancelled by Alchemy of Living , all payments (PAYMENT, PAYMENT 1 and PAYMENT 2), will be fully refunded by the request of the Student.
Alternatively, the amount paid can be used as payment for or towards a different course. In such cases the credit must be used within 12 months from the date the Alchemy of Living announced cancellation or postponing of any given course.

SECTION 17 – COURSE GROUP CONFIRMATION

Each course that Alchemy of Living offers has a predetermined minimum participation requirement. The course group is therefore NOT FULLY CONFIRMED until this minimum number has been met. You may have been fully accepted into the course, however, the course itself is not yet fully confirmed.
You will be informed by email as to the status of your enrollment (whether accepted or not) as well as the status of the course (confirmed or not yet confirmed).
IF the course is not yet fully confirmed we STRONGLY RECOMMEND that you do not make any travel or accommodation arrangements or deposits, which is clearly stated in the email. If a Student chooses anyhow to make such arrangements and payments prior to receiving a course confirmation email, Alchemy of Living bares NO RESPONSIBILITY for any financial losses incurred by the Student in the event the course is postponed of cancelled.
Once minimum enrollment numbers have been met you will receive a clear email stating so with confirmation that you can now proceed with your travel arrangements.
By purchasing a course ticket on Alchemy of Living ’s website you, the paying Student, understand and are aware that in some cases the course may only be fully confirmed just a few days prior to the course start date. This is rare but can happen.

SECTION 18 – PARTICIPANT CONFIRMATION

• Alchemy of Living has the right to accept or reject any Student applications to any of our courses at any time. We are not obliged to elaborate why a certain decision was made regarding a Student application.

• Alchemy of Living also has the right to cancel any previously confirmed and accepted Student if the head teachers so see fit. We are not obliged to elaborate the reasons that led to a cancellation decision.

SECTION 19 – WAITING LIST

Alchemy of Living offers courses which require gender balance, meaning an equal number of men to women must be accepted to the course. This means that a Student may be put on the waitlist until additional Student’s from the opposite gender apply and are accepted.
Students on the waitlist are accepted but NOT YET CONFIRMED to join the course. This means their application has been approved and as soon as a Student from the opposite gender is also accepted then they will both be fully confirmed into the course. Do note the course group needs to meet a minimum number of participants in order to be fully confirmed as well (See section 17 – COURSE CONFIRMATION).
When applying to a gender balanced course a Student must accept the possibility of staying on the waitlist for an unknown period of time (until someone from the opposite gender is accepted). You will be notified as soon as possible when your participation is fully confirmed.
By purchasing a course ticket on Alchemy of Living ’s website you, the paying participant, understand and are aware that in some cases confirmation may only happen a few days prior to the course start date.
We STRONGLY RECOMMEND that you do not make any travel or accommodation arrangements or deposits until you receive an email stating you have been confirmed into the course and are no longer on the waitlist. Do note the course group needs to meet a minimum number of Students in order to be fully confirmed as well (See section 17 – COURSE CONFIRMATION).
IF a Student chooses to make travel arrangements and/or deposit payments prior to receiving an individual and course group confirmation email, Alchemy of Living bares NO RESPONSIBILITY for any financial losses incurred by the Student in the event that you could not be fully confirmed or the course group was not fully confirmed (See section 17 – COURSE CONFIRMATION).

SECTION 20 – EVENTS OF FORCE MAJEURE

In this Clause, “Event of Force Majeure” means an event beyond the control of Alchemy of Living and our Team, and as a result, prevents us from fulfilling any of our obligations as stated in our advertising, courses, seminars and events. This includes but is not limited to:

An act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods, epidemics and pandemics);
War, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo;
Rebellion, revolution, insurrection, or military or usurped power, or civil war;
Contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
Riot, commotion, strikes, go slows, lock outs or disorder, commute accidents or disturbances, flight cancellations and any crash of public systems; or Acts or threats of terrorism.

20.1. CONSEQUENCES OF FORCE MAJEURE

Neither Alchemy of Living nor its Team shall be considered in breach of their duties if prevented by an Event of Force Majeure from providing the events, seminars, courses or other activities during the designated dates per our advertising or intended commitments.
If we or our Team are being prevented from carrying out our obligations as a result of Force Majeure, then reasonable efforts shall be made to give notice to all and any Students upon it being foreseen by, or becoming known to, Alchemy of Living or our Team.
If and to the extent that Alchemy of Living and our Team are prevented from executing any Services or commitments due to an Event of Force Majeure, we shall be relieved of our obligations to provide any of the events, seminars, courses or other activities, but shall endeavor to continue to perform our obligations so far as reasonably practical and possible (and in accordance with Good Operating Practices). Should Alchemy of Living incur additional costs as a result, despite taking reasonable steps to mitigate the costs, we are entitled to reallocate such costs to our Students as is reasonable for the relevant course or event (cost being defined as having no profit component). If and to the extent that Alchemy of Living , as a result of an Event of Force Majeure, is forced to delay or cancel events, seminars, courses or other activities then we nor our Team will bear any responsibility for the damages, loss of money, flight tickets, accommodation reservations or any other expenses lost by the Student as a result of the cancellation or delay.
Irrespective of any extension of time, if an Event of Force Majeure occurs and its effects continue for a period of 180 days, Alchemy of Living keeps the right to cancel events, seminars, courses or other activities without bearing any responsibility or damages whatsoever.

SECTION 21 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time, without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 22 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 23 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Scotland.

SECTION 24 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our

website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

If you have any questions about our Terms, feel free to contact us at info@alchemyofliving.co.uk

Last updated 6th March 2020.