Terms of use | Meditations for Children

Terms of Use

Welcome to Meditations-for-Children!

These terms of use are important and regulate the relationship between yourself and Meditations-for-Children and as such affect your legal rights and obligations. So please, before you enter the wonderful world of Meditations-for-Children, take a moment and read these terms carefully.

 

Meditations-for-Children TERMS OF USE

Meditations-for-Children (hereinafter “Meditations-for-Children”, “us”, “our” or “we”) offers a subscription service that allows you (hereinafter and interchangeably “You” or the “Subscriber”) to access meditation content (the “Content”) streamed over the Internet to Your mobile phone or to another compatible internet accessible device. By signing up for an account, a Trial and/or a subscription plan with Meditations-for-Children, by purchasing and/or cashing a coupon, by accessing and/or using the Meditations-for-Children website, or product provided by Meditations-for-Children or otherwise by accessing or using the Content, or any of the Service’s features or functionalities provided by Meditations-for-Children as the case may be, You are entering into a binding agreement with Meditations-for-Children and agree to and accept to abide by these Terms of Use. You also thereby acknowledge and agree to Meditations-for-Children processing Your personal data in accordance with the Meditations-for-Children Privacy Policy.

These Terms of Use describe the conditions upon which the Service is available to You and supersede prior terms and conditions previously agreed upon. Agreeing to them is a requirement for Your access to and use of the Service. By accepting them You agree and accept that Meditations-for-Children may terminate this agreement or suspend Your access to the Service at any time and without prior notice if You fail to comply with any provision hereof. If You do not agree to the Terms (as defined below) You may not use the Service neither access or consume any Content provided by Meditations-for-Children.

Additionally, supplemental terms of use may apply to some parts of Service e.g. regarding rules for a particular competition, additional terms and conditions for add-on services or other activities, or for certain additional content, regarding separate subscription plans, products or software accessible through the Service. If supplemental terms and conditions are required, they will be disclosed to You in connection with the relevant activities or products. Any supplemental terms and conditions provided by Meditations-for-Children are an addition to these Terms of Use, and will, in the event of a conflict, prevail over these Terms of Use.

These Terms of Use, the Meditations-for-Children Privacy Policy and any additional and/or supplemental terms and conditions from Meditations-for-Children are hereinafter collectively referred to as the “Terms”.

 

1. Age Limit and Account Eligibility

1.1

To be eligible to enter into these Terms and set up an account or enter into a subscription plan with Meditations-for-Children You must

  1. a) be at least eighteen (18) years old and/or otherwise have authorization and legal power to enter into this agreement by law in the country where the Service is made available to You;
  2. b) be a resident of the country in which the Service is made available to You; and
  3. c) agree to be bound by these Terms.

1.2

You must also provide Meditations-for-Children with correct information about Yourself when registering an account with us and provide correct contact details and a valid method of payment. Agreeing to the Terms and providing such information is a requirement for Your access to and use of the Service. If You do not agree to the Terms You may neither use the Service or its functions and functionalities nor consume any Content provided in the Service.

 

2. The Service

2.1

Meditations-for-Children provides a digital subscription service through which You as a Subscriber can stream meditation content to Your mobile phone or via other internet accessible devices accessed. Unless otherwise agreed in any supplemental terms or under a subscription plan offered to You by Meditations-for-Children to which You have agreed, the Service, as described above, may only be used for Your non-commercial personal use in accordance with the Terms.

2.2

In order to use the Service, You must use a an internet-connected device compatible with Meditations-for-Children’s technical requirements and provide us with Your choice of the payment methods accepted by Meditations-for-Children and as applicable from time to time. Meditations-for-Children reserves the right however to modify technical requirements for the use of the Service and to change, add or remove payment methods from time to time. Meditations-for-Children will use its best efforts to notify You, via email, of any modifications which may limit Your technical ability to use the Service. Such notification will be sent no later than thirty (30) days prior to the entry into force of such modification. Meditations-for-Children reserves the right, at any time, to add or remove payment solution without any prior notification to You.

 

3. Subscription plans

3.1

Meditations-for-Children reserves the right, at its sole discretion, to offer the Service through different kinds of subscription plans, which could mean and include but not be limited to: promotional plans, plans provided by (or bundled with) third parties, plans based on the number of offered simultaneous accounts, or plans based on limitations in the Content provided.

3.2

Meditations-for-Children reserves the right, at its own discretion, to add new plans, remove existing plans or to change any features or functionalities of such subscription plans from time to time. Where such change materially affects an existing subscription plan to the detriment of a Subscriber, the Subscriber will be informed thereof and have the possibility to terminate the Service in accordance with section 11 in these Terms of Use.

3.3

The number of accounts offered under a subscription plan will depend on the type of subscription plan that You have signed up to and will be stipulated in more detail in the supplemental terms and conditions separately accepted.

3.4

Please see the Meditations-for-Children website for updated information on prices and any type of subscription plan offered from time to time. Here You will also find a presentation of the currently available subscription plan(s) and their corresponding supplemental terms (including any specific limitations) to which You, in order to access such plan, have to agree separately.

3.5

Information about Your current subscription plan is always available by accessing Your account on the Meditations-for-Children website (i.e. by logging into Your Meditations-for-Children account with Your username and password and by navigating to “my accountpage”).

3.6

In the event that more than one subscription plan is offered for You to choose from, You may change Your current subscription plan to another subscription plan currently offered by Meditations-for-Children. However, any such change may take effect from the day that the change was registered and last until after Your next recurring payment date before a new change may be registered for the same account. Your original payment cycle of four weeks will not be altered by a change between different subscription plans. You can easily review, manage or change Your account details and subscription plan by accessing Your account (i.e. by logging into Your Meditations-for-Children account with Your username and password and by navigating to “My accountpage”).

 

4. Free Trial

4.1

Your Subscription may start with a free trial period (“Free Trial”) of the Service with a 1$ sign-up fee. The Free Trial lasts four weeks, or as otherwise specified when You sign up, and is intended as a way to allow users to try the Service.

4.2.

When You sign up for a Free Trial, You acknowledge and agree that You will automatically be transferred to a four week subscription plan at the end of the Free Trial, unless You terminate Your subscription of the Service prior to the last day of the Free Trial, in which case You will not be charged, and Your subscription will be cancelled.

4.3

If a Free Trial is offered to You, it is Meditations-for-Children’s intention to offer such Free Trial once. Thus, a user who has already activated any type of Free Trial offer may be blocked from using additional Free Trials. Free Trial eligibility is determined by Meditations-for-Children at its sole discretion and Meditations-for-Children may limit the eligibility to prevent Free Trial abuse and/or a breach of the Terms. Meditations-for-Children reserves the right to revoke or terminate a Free Trial if Meditations-for-Children, in its sole discretion, determines that a user is not eligible. The user may not combine the Free Trial offer with other offers.

 

5. Prices and Payments

5.1.

Meditations-for-Children cooperates with third party payment service providers through which all Your payments will be made before settled with Meditations-for-Children.

5.2.

Subscriptions are paid four weekly in advance until the subscription is terminated or as otherwise specified. As regards the timing of the monthly payments, You will be charged once every four weeks, commencing on the date when You activate Your subscription, or in the case where the subscription has started with a Free Trial from the date of the expiry of such Free Trial unless the subscription has been terminated by You or Meditations-for-Children before such time. In some cases, the date on which You will be charged will change, for example, if it is not possible to confirm the date of validity of information regarding Your chosen payment method such as eg. Your credit card details.

5.3.

Meditations-for-Children may offer time limited subscription plans for which You pay the full price in advance. Any such subscription plan will be automatically terminated at the end of the fixed time period.

5.4.

Prices are displayed on the Meditations-for-Children website. All prices exclude Goods & Services Tax (GST). Payment can be made by credit/debit card or by such other payment method that Meditations-for-Children at any given time may inform You As regards credit cards, please be informed that Meditations-for-Children may refuse or block credit cards. Meditations-for-Children reserves the right at any time and at its own discretion to deny certain types of credit cards.

5.5.

Prices may vary depending on type of payment method used. If prices vary, Meditations-for-Children will communicate this on the Meditations-for-Children website in connection to the general information on prices. Further, prices do not include any data communication costs or fees which Your internet or telecommunication service provider may claim under Your contract with such service provider.

5.6.

In the event of default of or a delayed payment, Meditations-for-Children reserves the right to suspend or terminate Your access to the Service. If this should occur, please log in to the Meditations-for-Children website with Your username and password and re-activate Your subscription from within Your Meditations-for-Children account under the ‘My accountpage’ section.

 

6. Couponcodes

6.1.

Meditations-for-Children may offer different types of couponcodes. Some couponcodes may be product specific, which means that such a couponcode is connected to a specific subscription plan, as determined by the buyer at time of its purchase. Any such a couponcode can only be used in accordance with the terms applicable to such plan.

6.2.

When You sign up as a Subscriber with a Meditations-for-Children couponcode You agree to and accept the Terms the same way a full paying subscriber of the Service does.

6.3.

As a Meditations-for-Children couponcode user You will be provided full access to the Service in accordance with the relevant subscription plan during the full period of the subscription. Upon the expiry of the couponcode, the Service will be automatically terminated unless You actively sign up as a paying subscriber or redeem a new Meditations-for-Children couponcode. 

 

7. Cancellation during the cooling off period

7.1.

When signing up as a Subscriber of the Service, regardless of which subscription plan You choose, You have a right to a four week cooling-off period. The cooling-off period applies from the date of signing up to a subscription plan.

7.2.

If You begin to listen to the meditations, or use the Service in any other way, You agree that You forfeit the right to cancel Your purchase of the Service as per the cooling-off rights mentioned in section 8.1 You do however still have the right to termination of the Service in accordance with section 11 below.

7.3.

If You are incorrectly charged, You will be credited the charged amount within four weeks from the day on which Meditations-for-Children received Your notice.

 

8. Intellectual Property Rights

8.1.

The Service is our copyrighted property and contains the copyrighted property of our licensors or licensees, and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Service or in the Content available to You from within the Service are owned by us or our licensors or licensees or any affiliated companies. Except as we specifically agree in writing, no element of the Service or its content may be used or exploited in any way other than as part of Service offered to You under the Terms. You may own the physical device on which elements of the Service are delivered to You, but we retain full and complete ownership of the Service and all the intellectual property rights vested therein. We do not transfer rights or title to any portion of the Service to You nor do we transfer any rights or title to any portion of the content made available from within the Service to You. Nothing provided by any brand owned or licensed by Meditations-for-Children should be construed as granting, by implication or otherwise, any license or right of use of any trademark displayed on or within the Service to You.

 

9. Content and Software License

9.1.

The Content offered to You via the Service may vary from time to time. Please be informed that Meditations-for-Children is under no obligation to notify You of any changes in the Content offered.

9.2.

The Service is configured to enable the use of the website, its content, virtual items or other materials owned or licensed by us. We hereby grant You a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Service, its content, virtual items or other material for Your personal, non-commercial use only.

9.3.

You acknowledge, warrant and agree that You, or anyone to whom You allow access to the Service via Your account, will not copy, reproduce, duplicate, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, transmit, sell, rent, lease, lend, sub-license or circulate or otherwise exploit for any purpose (commercial or otherwise) any material and/or part of or all of the Service to any third party (including, without limitation, the display and distribution of the material via a third party website) without the express prior written consent of Meditations-for-Children or except as otherwise expressly permitted under applicable mandatory law.

9.4.

You also acknowledge, warrant and agree that You, or anyone to whom You allow access to the Service via Your account, will not; (1) redistribute, circumvent or disable any content protection system or digital rights management technology used in the Service; (2) decompile, reverse engineer, disassemble or otherwise reduce any Service to a human-readable form; (3) remove any identification, copyright or other proprietary notices; or (4) access or use the Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.

9.5.

This section 9 also applies to everyone who has access to the Service.

 

10. Third party content and links

10.1.

The appearance of external hyperlinks and/or other elements generated by third parties accessible from the Service, our website and any forums provided by Meditations-for-Children both inside and outside of the Service does not constitute endorsement by Meditations-for-Children and/or its affiliated companies of the opinions or views expressed by such third parties’ on or outside of their websites/social media platforms. Meditations-for-Children does not verify, endorse or take responsibility for the accuracy, currency, completeness or quality of the content contained on these third parties’ sites. Furthermore, Meditations-for-Children is not responsible for the quality of or delivery of any products or services offered, accessed, obtained by or advertised at such third parties’ sites/social media platforms. As such, Meditations-for-Children will not be responsible for content provided on any third-party website/social media platform, and further Meditations-for-Children will under no circumstances be liable for any direct or indirect loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked websites/social media platforms.

10.2.

The Service may integrate, be integrated into, or be provided in connection with third-party services and content. Meditations-for-Children does not control those third-party services nor its content. You should carefully read any agreement or terms of use and privacy policies presented to You that apply to such third-party services and/or content.

 

11. Duration and termination

11.1.

As soon as You have registered an account with Meditations-for-Children and signed up to become a four week subscriber under a Subscription plan or to try a Free Trial offer Your subscription with Meditations-for-Children will continue from month to month until terminated by You or by Meditations-for-Children. Unless You cancel Your subscription You therefore authorize us to charge You the next four week subscription fee in accordance with the Terms and from the payment method that You have chosen and registered with Meditations-for-Children when You signed up for the Service, or otherwise as per Your later instruction to us.

11.2.

To terminate the Service before another four week is added to Your subscription term, You must terminate the Service no later than the day before a new four week period begins, otherwise the subscription continues, and You are charged for another month before it is terminated.

11.3.

To unsubscribe, please turn to the Meditations-for-Children website and login. Click on “My accountpage” and “Subscriptions”, select the option Cancel and follow the instructions. You can also cancel the Service by contacting Meditations-for-Children by other means.

11.4.

In addition to Meditations-for-Children’s termination rights in sections 3, 6.5 and 14.4 or elsewhere in the Terms, Meditations-for-Children has the right to terminate or restrict Your use of the Service with immediate effect if Meditations-for-Children has reasons to suspect that You (or anyone whom You have allowed access to the Service) have violated the Terms or any applicable laws, rules and regulations. This also apply if You are otherwise using the Service in a fraudulent way or a way that may cause damage to Meditations-for-Children or any third party.

 

12.Meditations-for-Children’s rights and responsibilities

12.1

As part of providing the Service, Meditations-for-Children may contact You by email, WhatsApp or telephone

12.2.

If You have separately agreed and accepted thereto, Meditations-for-Children may also contact You via any other means of communication e.g. via third party social media platforms.

12.3.

All communication between Meditations-for-Children and the Subscriber shall be in accordance with Meditations-for-Children’s privacy policy.

12.4

Meditations-for-Children is not liable for any disruption to mobile networks or in the service of internet providers.

12.5

The Service is available around the clock, seven (7) days a week. However, Meditations-for-Children provides no guarantee that the Service will always be free of errors or interruptions. If there are any faults or interruptions affecting the Service, Meditations-for-Children will be given the opportunity to correct these without there being a breach of contract, i.e. of the Terms. Meditations-for-Children also has the right, within reason, to close the Service, for example, for carrying out upgrades and maintenance.

12.6.

Meditations-for-Children has the right, fully or partly, to transfer its rights and obligations under the Terms to third parties. Meditations-for-Children also has the right to engage subcontractors to carry out its obligations under the Terms. Any such changes which may affect the processing of Your personal data shall be handled in accordance with the Meditations-for-Children Privacy Policy.

12.7.

Meditations-for-Children may, at its own discretion, make changes in the Terms. When Meditations-for-Children makes material changes to the Terms to Your detriment this will be communicated to You e.g. by displaying a notice in the Service or by sending You an e-mail no later than thirty (30) days before the changes take effect. In some cases we will ask for Your explicit consent and in some cases we will notify You in advance and Your continued use of the Service will constitute Your acceptance of the changes. It is therefore important that You read any notice or message from us carefully. If at any time You wish to discontinue using the Service due to such updates or changes in the Terms You may terminate Your subscription at any time by following the instructions set out in section 12 of these Terms of Use.

 

13. The Subscriber’s rights and responsibilities

13.1.

Unless otherwise follows from any applicable supplemental terms, the Subscriber may listen to the meditations and use the Content in the Service for the Subscriber’s private non-commercial use only. Users of the Service may e.g. not play the meditations for an audience or in a public place. Your account details (including but not limited to login details) are personal and they may not be shared with others.

13.2.

The Subscriber undertakes not to circumvent or to attempt to circumvent the technical or other limitations in place to prevent copying of the Content in the Service and to not copy, either in whole or in part, meditations or other content in the Service, even for private use.

13.3.

You acknowledge and agree that Your access to and use of the Service shall comply with the Terms. You also acknowledge and agree the same for everyone whom You allow access to the Service via Your account. Access to any other user may only be granted by You in accordance with the Terms.

13.4.

You are responsible for ensuring that the information provided at registration is correct and that any personal data provided to Meditations-for-Children, including Your e-mail address, is correct. You are responsible for informing Meditations-for-Children of any change in the data provided, especially to Your e-mail address. Any e-mail that Meditations-for-Children sends to Your e-mail address shall be deemed to have been received by You within two (2) days of the e-mail being sent.

13.5.

You are responsible for maintaining control over Your account, to prevent undue access to the Service and undertakes not to reveal Your password or any other personalized details associated with Your account for as long as You subscribe to the Service.

13.6.

In any reviews of meditations or other literary content that the Subscriber writes, the Subscriber is responsible for ensuring that the Subscriber’s opinions are expressed in accordance with applicable laws and with respect to others and that the Subscriber does not use words or phrases that may be perceived as discriminatory or unnecessarily offensive or objectionable in forums that may be associated with Meditations-for-Children. It is furthermore the Subscriber’s responsibility to ensure that the Subscriber does not post, use or share intellectual property belonging to a third party or post, use or share content or comments that is or may likely be interpreted as illegal, e.g. defamatory content, materials portraying or suggesting sexual abuse or online hate comments.

13.7.

The Subscriber has no right to transfer his/her rights and obligations under the Terms, unless the Subscriber has Meditations-for-Children’s written consent to do so.

13.8.

The Subscriber must not use the Service in any way that causes, or is likely to cause, the Service to be interrupted, damaged or impaired in any way. You understand that You, and not Meditations-for-Children, is responsible for all electronic communications and content sent from Your device to us and You must use the Service, Your device and our website and any forums provided by Meditations-for-Children both inside and outside of the Service appropriately and for lawful purposes only. Subsequently You agree not to use the website for any fraudulent purposes, or in connection with a criminal offense or other unlawful activity or to send to send, use or reuse any material that does not belong to You; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, defamatory, libelous, obscene, pornographic, or is in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties.

13.9.

In the event that the Service, or parts thereof, is incorrect or faulty, You are urged to contact Meditations-for-Children by way of the contact form on the Meditations-for-Children website, from the email address registered to Your account or by using any other means to inform us or to lodge a complaint.

 

14. Contracting party

14.1.

The Service is provided and made available to You under the Terms by VideoCursusOnline, a company incorporated in The Netherlands with corporate identity number 6075137 and corporate address 5271 HW Sint Michielsgestel. To contact us or our customer service department, please send an e-mail to sleepyfox@Meditaties-voor-kinderen.nl

 

15. Miscellaneous

15.1.

The Service is provided to You solely for the non-commercial purpose of consuming information and other similar purposes.

15.2.

The Terms shall be governed and construed in accordance with the laws of The Netherlands, excluding its conflict of laws principles.

15.3.

In case of a dispute between Meditations-for-Children and the Subscriber, the parties should first attempt to resolve the dispute by agreement. If the parties cannot agree, the dispute may be referred to the National Consumer Disputes Redressal Commission in The Netherlands

15.4.

If You are dissatisfied with the Service, the content available on it, or with the Terms, Your sole and exclusive remedy is to discontinue accessing or using the Service.

15.5.

To find more information about the Service or if You need assistance with any feature or with Your account please contact sleepyfox@Meditaties-voor-kinderen.nl

Last reviewed 1 Januari 2020

VideoCursusOnline

5271 HW 23 Sint Michielsgestel