Terms & Conditions

Effective date: September 2020

Overview

Yogi of Sound LLC operates this website. Yogi of Sound is registered in Texas, USA as Yogi of Sound LLC, a company limited by guarantee. Throughout the site, the terms “we”, “us” and “our” refer to Yogi of Sound. Yogi of Sound 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". You 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, customers and/or contributors of content.

By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current site 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 site following the posting of any changes constitutes acceptance of those changes.

Educational courses provided by us may have their specific terms and conditions, which apply in addition to these Terms and are pointed out to you when you register for them.

 

Kajabi provides our payment processes. This company provides us with systems that allow us to sell our services to you. 

 

Section 1 – Online Purchasing Terms

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence. You have given us your consent to allow any of your minor dependents to use this site.

If you are an individual purchasing on behalf of an entity or agency, you represent and warrant that you will have all necessary authority to bind such entity to these Terms.

All prices are quoted exclusive of federal, state, or local excise, sales, use, or similar taxes.

We do not offer refunds on educational services provided through our regular courses such as Gurmat Sangeet Outreach, Naad Yoga Teacher Training, Sound Physician and Sound Alchemist Course. We also do not offer refunds on any products sold, which are currently CDs and digital downloads at this time, unless faulty.

You may not use our products for any illegal or unauthorized 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 service.

 

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 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 & 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. It 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. Still, we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our site.

 

Section 4 – Modifications to the Service & Prices

Prices for our services are subject to change without notice.

We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time.

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

 

Section 5 – Products or Services

We reserve the right but are not obligated, to limit the sales of our products 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 and services and pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service 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 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, household or 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. If we make a change to or cancel an order, we may attempt to notify you by contacting the email 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 website. You agree to promptly update your information, including your email address so that we can complete your transactions and contact you as needed.

 

Section 7 – 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. We will not have any liability or responsibility for any third-party materials or websites, or 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 the third party’s policies and practices carefully 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 8 – User Comments, Feedback & Other Submissions

If at our request, you send certain specific submissions (for example contest entries) 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.

Section 9 – Personal Information

Our Privacy Policy governs your submission of personal information through the website.

 

Section 10 – Errors, Inaccuracies & Omissions

Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel 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 11 – Prohibited Uses

In addition to other prohibitions as outlined in the Terms of Service, you are prohibited from using the site or its content:

For any unlawful purpose

To solicit others to perform or participate in any illegal acts

To violate any international, national, federal, regional, provincial or state regulations, rules, laws, or local ordinances

To infringe upon or violate our intellectual property rights or the intellectual property rights of others

To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability

To submit false or misleading information

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 any related website, other websites, or the internet

To collect or track the personal information of others

To spam, phish, pharm, pretext, spider, crawl, or scrape

For any obscene or immoral purpose

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 the prohibited uses.

Section 12 – 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 Yogi of Sound, 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 13 – Indemnification

You agree to indemnify, defend and hold harmless Yogi of Sound 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 14 – Severability

If 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. 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 15 – Termination

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

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our service, or when you cease using our site.

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 also may 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 service (or any part thereof).

 

Section 16 – 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 constitute the entire agreement and understanding between you and us and govern 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 previous 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 17 – Changes to These 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 18 – Contact Information

Questions about the Terms of Service should be sent to us at [email protected]

 

Privacy Policy

 

We are Yogi of Sound LLC, an organization registered in Houston, Texas (USA) and operating in the USA, UK, Europe and Canada. You can contact us at info(at)yogiofsound.com.

We are committed to safeguarding the privacy of our students, event participants, supporters and website visitors; here, we explain how we will treat your personal information. We participate in the EU-U.S Privacy Shield Framework (“Privacy Shield”). We are committed to applying the Privacy Shield Principles to all personal information received from countries in the European Economic Area (EEA) in reliance on the Privacy Shield. To learn more about the Privacy Shield, visit the ANA Privacy Shield website.

 

What do we do with your information?

When you register for a course or event, we ask you for the personal details we need to stay in contact with you and to run the program with proper care for your health and safety.

When you are a registered student on one of our courses, we keep ongoing records of our communication with you to monitor your learning progress and improve the support we can offer you as a team.

When you purchase something from us, we ask you for the personal details we need to deliver your order.

When you browse our site, we automatically receive your computer’s internet protocol (IP) address to provide us with information that helps us learn about your browser and operating system. Website usage information is collected using cookies.

With your permission, we may send you emails about our activities and other updates.

In our legitimate interests, we may use records of your involvement with us to inform our business and to improve the relevance of any messages you agree to receive from us.

We retain the information you give us when you register for a program, or make a purchase or an inquiry, for a potentially indefinite period. If you have given your consent to receive marketing messages from us, we retain your contact details for that purpose for as long as consent is not withdrawn.

 

How do you get my consent?

We would like to send you information about our courses, events and other updates that may interest you. We will do so only if you opt-in, such as by ticking a box on a form on our website.

How do I withdraw my consent?

If after you opt-in you change your mind, you may at any time withdraw your consent for us to contact you for marketing purposes by emailing us at info(at)yogiofsound.com. You may also use the ‘unsubscribe’ link in any of our marketing emails.

Your rights

You have the right to withdraw your consent to receive marketing messages (as above).

You also have the right to request a copy of the information that we hold about you. If you would like a copy of your personal data, please email us. You may ask us to delete or correct information at any time.

Disclosure

We will not supply your personal information to anyone else for direct marketing without your permission.

We may disclose your personal information if we are required by law to do so or if you violate our terms of service.

Any personal information we hold about you is stored and processed in line with the Data Protection Act 1998 and the EU General Data Protection Regulation (GDPR).

Any personal information that you publish on our website or submit for publication on our site may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.

Third-party services

Our online courses are hosted by Kajabi, whose privacy policy is here: https://kajabi.com/policies/privacy

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction from either you or us. So when you proceed with a transaction involving the services of a third-party provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

Once you leave our website or are redirected to a third-party website or application, you are no longer governed by this privacy policy or our website’s terms of service.

Links

When you click on links on our website, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

Cookies

What is a cookie?

A cookie is a small file placed on your computer’s hard drive. It enables our website to identify your computer as you view different pages on our website.

Cookies allow websites and applications to store your preferences to present content, options or functions that are specific to you. They also enable us to see information such as how many people use the website and what pages they tend to visit.

We ask you to consent to our use of cookies per the terms of this policy when you first visit our website.

How we use cookies

We may use cookies to:

•  Analyze our web traffic using an analytics package. Aggregated usage data helps us improve the website’s structure, design, content and functions.
• Identify whether you are signed in to our website. A cookie allows us to check whether you are signed in to the site.
• Test content on our website. For example, 50% of our users might see one piece of content, the other 50% a different piece of content.
• Store information about your preferences. The website can then present you with information you will find more relevant and interesting.
•  Recognize when you return to our website. We may show you relevant content, or provide functionality you used previously. 

Cookies do not provide us with access to your computer or any information about you, other than that which you choose to share with us.

Controlling cookies

You can use your web browser’s cookie settings to determine how our website uses cookies. If you do not want our site to store cookies on your computer or device, you should set your web browser to refuse cookies.

However, please note that doing this may affect how our website functions. Some pages and services may become unavailable to you.

Unless you have changed your browser to refuse cookies, our website will issue cookies when you visit it.

To learn more about cookies and how they are used, visit http://www.allaboutcookies.org.

Changes to this privacy policy

We keep our privacy policy under regular review, and we will place any updates on this web page. This privacy policy was last updated on 15th May 2020.

Questions and contact information

If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or if you simply want more information, contact us at info(at)yogiofsound.com.

 

Complaints Policy

 

At Yogi of Sound, we recognize that:

 

• Everyone who comes to us has the right to a high standard of service
• Those who come to us have the right to complain if they are not happy with the standard of service they receive
• Learning from complaints helps us to improve the service we provide.

 

The purpose of this policy and procedure is to:

• help us to provide a service of the highest standard to all those who study with or purchase from Yogi of Sound.
• help us to ensure that children and families using or wishing to use our service know they have a right to complain about our service if they need to
• help us to deal with complaints in a positive way and use them to improve our service
• set out the issues that could be covered under this procedure
• set out the steps that children, young people and their families should take if they wish to make a complaint
•  set out how we can deal with complaints fairly and consistently. 

 

We will seek to deal with complaints by:

•  1. defining what we mean by a complaint 
•  2. setting out a procedure that can be easily followed and understood 
•  3. making sure that everyone knows about the policy and procedure 
•  4. reassuring people that they will not be penalized in any way for using the complaints procedure and that we will respond positively to any complaints made in good faith 
•  5. offering extra support to those who need help to make a complaint 
•  6. taking a staged approach to complaints that takes account of the level of seriousness and the possibility of resolution at different points. 
• 7.  investigating each complaint as objectively and thoroughly as we reasonably can.
• 8.  keeping the complainant informed during the investigation and of the outcome of his/her complaint.
•  9. keeping clear records of complaints and how they are resolved. 

Complaints procedure

What do we mean by a complaint?

 

A complaint is a statement from someone that he/she is not happy about the service provided to him/her by Yogi of Sound and would like this to be improved.

 

The complaint might be about:

• the behaviour of a staff member or volunteer
• the level of service received
• the type of service received
•  being refused service altogether 
• the building or facilities
• written information
•  service received over the telephone (e.g. not being able to get through or being kept waiting) 
•  a child, young person or family member feeling that he or she has been treated unfairly or in a discriminatory way 
• a specific activity or outing
• anything else related to the service provided at Yogi of Sound LLC

 

Procedure for making a complaint

 

1. If possible, the person should discuss the complaint with his/her key worker if this is not possible (for example, the complainant does not feel comfortable speaking to the key worker because the relationship is too complicated) the discussion should be with the key worker’s manager.
2. The key worker or manager will, in the first instance, try to resolve the matter informally. This is often possible and can mean that the problem is sorted out simply and more quickly.
3. If an informal solution has been tried before and has not worked, or if the complainant does not feel that informal discussions are adequate or likely to be effective, stage one of the complaints procedure should be followed.

 

Stage one

4. The complainant should put their concerns in writing to their key worker or, if the key worker is the subject of the complaint, to the key worker’s manager. If he/she needs help to do this, and a family member is not able to offer this support, assistance should be provided by the keyworker, or, if the key worker is the subject of the complaint, by another member of staff identified by the manager.
5. The key worker should give a written complaint to the manager within 24 hours. The manager should then acknowledge the complaint within two working days by sending a brief letter to:

• thank the complainant for getting in touch
• express regret that a complaint has been necessary
• assure him/her that the matter will be investigated
• set a provisional timescale for the investigation that is achievable but avoids delay as much as possible
• explain when the manager will next be in contact
• offer a contact name (usually the key worker or the manager’s name) in case the complainant has any questions in the meantime
• make any temporary arrangements that may be necessary pending the outcome of the investigation into the complaint.

6. The service to the complainant should continue as usual during the investigation into the complaint. If this is not possible (e.g. because a child has had to be excluded from an activity, or because the complainant does not want to use the service at that point, or because it would not be appropriate for the key worker to continue working with the child/family), then this should be acknowledged. Temporary alternative arrangements will be made, if possible.
7. If the complaint is about a specific staff member, volunteer or other children/young persons, then that person (and the parent/carer if the person is a child) should be informed within two working days (or as soon as possible) that a complaint has been made against him/her and the nature of the complaint. However, the person should not be informed if doing so would compromise anyone’s safety or a police investigation.
8. The manager should generally be responsible for investigating a stage one complaint. The manager should plan the investigation according to the nature of the complaint, taking into account any witnesses or specialist opinion that should be sought. As a minimum, the complainant (and parent/carer if the complainant is a child/young person) should be interviewed. Any person who might be the subject of the complaint should also be interviewed, provided that doing so would not compromise anyone’s safety or a police investigation.
9. If the complaint is about a building, facilities or equipment, then this should be examined.
10. If the complaint is about access to a service, the reasoning behind a decision to offer or not offer a particular service should be examined.
11. If at any point during the investigation, it appears that a criminal offence may have been committed, the matter should be reported to the police. Discussions should be held with the police about whether the investigation into the complaint can continue alongside their enquiries.
12. If it emerges at any point that a child may have been caused significant harm or may be at risk of substantial injury, child protection procedures should be instigated immediately.
13. The investigating manager should make notes of the investigation, including records of any meetings that take place, and should write a report based on his/her findings. The report should state clearly whether the complaint is upheld or not and should make recommendations about how the matter can be taken forward. The report should be shared with both the complainant and any specific member of staff, volunteer or other children, who may be involved. Any comments that either party may wish to make about the extent to which he/she accepts or rejects the findings of the report should be noted.
14. Once a way forward has been agreed, this should be reviewed regularly.
15. If either the complainant or a person who is the subject of the complaint is not prepared to accept the findings of the report, they should confirm this in writing. The matter then becomes a stage two complaint.
16. A complaint also progresses to stage two if it has previously (i.e. within the last 12 months) been handled as a stage one complaint but has resurfaced.

Stage two

17. A stage two complaint may come about for one of two reasons. It may be a complaint that has escalated from stage one because the complainant or a person who was the subject of the complaint wishes to challenge the findings from a stage one investigation. Alternatively, it may relate to matters that were investigated as a stage one complaint within the previous 12 months and have resurfaced.
18. Stage two complaints should be investigated either by a manager senior to the person who was

investigating at stage one or by a completely independent person, not employed or acting as a volunteer for Yogi of Sound LLC who should be nominated by Yogi of Sound’s management board. The management board should commission the investigation and findings should be reported back to the chair of the committee.

19. If a complaint is to progress to stage two, the complainant (this could be the original complainant or a person who was the subject of the original complaint) should again indicate in writing that he/she wishes to complain (or complain further) and should state the reason for this.
20. The written statement should be presented to the chair of the board, who should then, within two working days, respond in writing to the complainant in the same way as indicated in the stage one procedures. Besides, the chair should provide the complainant with the name of the person who will investigate the stage two complaint.
21. The procedure for the investigation and sharing of the report should be similar to those outlined in stage one of the procedure.
22. Stage two is the final stage of the complaints procedure. If any party wishes to complain further following the completion of stage two, this should be taken up with an external party (e.g. local councillor, MP or commissioning body).

 

Keeping a record of the complaint

Regardless of whether a complaint is dealt with formally or informally, accurate notes should be made by the key worker or investigating manager of each stage of the process, including records of meetings. Copies of the final report should be given to the person making the complaint and to anyone who may be the subject of the complaint

If the complaint leads to any disciplinary action or referral to a statutory authority, copies of the notes made during the investigation and the report of the investigation (together with any records relating to the outcome) should be kept confidentially on the file of any person who is the subject of the complaint.

Anonymous summary notes of any complaint should also be kept in a complaints file. This will assist Yogi of Sound LLC in the process of monitoring and learning from complaints.