Introduction
Please read this Disclaimer, Terms and Conditions and User Agreement (collectively “Agreement”) carefully before using this website, www.realigna.com (“Site”) and the reALIGNA Streaming Digital Application(“App”) and / or any of the services, opinions, recordings or products (collectively “Content”) offered. Please note that when you access this Site/App and/or its Content or make use of this Site/App and/or its Content, you thereby acknowledge that you have read this Agreement, and that you expressly understand, and willingly agree to all of the following:
Nature of Site and Service
All advice, guidance, information, communication, services and all Content provided through this Site/App, including information and other Content provided on any linked site, as defined in this Agreement, is provided solely for inspirational purposes only. Your use of this Site/App is entirely at your own risk and discretion and we offer no guarantees or warranties of any kind.
The aim of all Content offered via this Site/App is to inspire the user towards greater spiritual growth, personal development and inspirational self-help. For further information about the nature of this Site and its Content you are advised to peruse the Help & Frequently Asked Questions (FAQ) section posted elsewhere on the SiteQuestions (FAQ) section posted elsewhere on the Site/App
Medical & Healthcare Advice
The entirety of the Content and/or information offered at this Site/App is intended for inspirational purposes only and is NOT intended to replace any medical diagnosis, treatment or advice.
Further to this, this Site/App and all its Parties DO NOT dispense any form of medical or healthcare advice or recommend any information and/or Content offered on this Site/App as a form of treatment for any physical, psychological or medical condition, either directly or indirectly.
You should not use or apply any of the information and/or Content provided through this Site/App for the purpose of diagnosis or treatment of any health and/or medical issue, or for the prescription of any medication or other therapy or treatment without first consulting with a licensed physician, psychologist and/or any other professional healthcare provider (collectively “Healthcare Professional”).
You are encouraged to discuss any health-related concerns you may have at any time with a licensed Healthcare Professional for all diagnosis and treatment options.
Profesional Advice
You should never consider any of the information and Content provided through this Site as a substitute for any legal, financial, or any other professional advice. This Site/App does not offer professional legal, business, financial planning or investment advice and should therefore not be used for these purposes. You are advised to discuss all your financial, legal and any other concerns that may require professional advice with an appropriately registered and/or licensed professional in that specific field of expertise.
Return of Goods
Our products are digital goods delivered via online streaming from our Site/App. Due to the nature of non-tangible digital goods it is not possible to “return” any of our products, therefore we do not offer refunds or exchanges after a purchase has been made. If you are having any issue with a digital recording or other product, or have any questions, please contact us and we will do our best to help you resolve the problem. Note however that no refunds are offered for digital goods you are unable to stream on your device due to the limitations of your Internet connection, operating system or device.
Once you have purchased a monthly subscription to your recording(s)/streaming and/or other Content from our Site/App and paid in full, you will be able to store your purchases in a personal account on our Site/App. Your purchases will be available for your personal use to access and use at any time after that. Should you experience any difficulty in using your purchased Content please contact us and we will do our best to assist you.
Electronic Communications
By establishing a user account with this Site/App, you consent to receiving electronic communications from us. These communications will be limited to information directly concerning or related to any information and/or Content you have requested or purchased. These communications are part of your relationship with us as a service provider. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Mailing List
As a condition of subscribing to our mailing list you consent to us using the data you provided to send you promotional emails containing information that we think may be interesting or useful to you, including, but not limited to, new service and/or product information, special offers, news and information about upcoming events. You may choose to opt-out of the mailing list at any time by simply clicking the unsubscribe button provided in our emails.
Please note: Unless we are compelled by law, your contact details will not be disclosed to any third- party without your consent. We agree to adhere to applicable privacy, spam, and other relevant rules and regulations to the best of our knowledge. If at any time you are of the opinion that we have failed to do so, please contact us, so we can investigate and correct as required. Please refer to our Privacy Policy below should you have any further questions regarding the processing and use of your personal information when you become a subscriber to our mailing list / newsletters / blogs.
Privacy Policy
Use of this Site/App and its Content is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Agreement. By using this Site, you agree to be bound by the terms of this Privacy Policy.
We reserve the right, and you authorize us, to use information regarding your use of this Site, and any other personal information provided by you in accordance with our Privacy Policy.
The processing of personal data, such as the name, address, email address, or telephone number of a user shall in principle always aim to be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable. By means of this data protection declaration, this Site//App hereby informs prospective users, as well as the general public, of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, users are informed, by means of this data protection declaration, of the rights to which they are entitled.
The use of our Site/App is possible without providing us with any of your personal information. However, if a user wants to make use of or purchase any of our products or Content such as our recordings, via our Site/App, processing of personal data will become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the user. When you choose to order a product, or subscribe to streaming, we will collect only basic personal information, such as your name, mailing address, phone number and/or email address.
When you visit our Site/App, we may also collect non-personal information, such as your IP Address. The IP address reveals nothing personal about you other than the IP address from which you have accessed our Site. We may also collect information about the type of Internet browser you are using, operating system, as well as which of our webpages you have accessed.
We only collect personal information from you when you provide it to us. If you communicate with us regarding our Site/App, products and/or any of our Content, we will collect any information that you provide to us in any such communication.
Data Protection
This Site/App has to the best of its ability implemented technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. We follow generally accepted industry standards to protect the personal information submitted to us. We are obligated to protect your personal information by making reasonable security arrangements against such risks as unauthorized access, use, collection, disclosure or disposal. Security measures have been integrated into our day-to-day operating practices as part of our commitment to protect the personal information it holds. However, no method of transmission over the Internet, or method of electronic storage, is unfailingly secure.
Therefore, while we use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We will only disclose your personal information and/or an IP address to a third-party when required by law or in the good-faith belief that such action is necessary to cooperate with the investigations of purported unlawful activities and conform to the edicts of the law; to comply with legal process served on us; to protect and defend our rights or property; or to identify persons who may be violating the law, the rights of third parties, or otherwise misusing this Site/App or its Content.
We will never sell or otherwise provide the information we collect to outside third parties for the purpose of direct or indirect mass email marketing. We use your personal information only for our own internal administrative purposes, such as fulfilling requests for information, delivering the products and streaming services that you order or subscribe to, and providing customer support. We use non-personal information for internal purposes only, such as maintaining, evaluating, and improving our services and Site/App.
You may be able to access external, third-party websites directly from our website (“Site”). This Privacy Policy does not apply when you access such third-party websites. We cannot control how third parties may use personal information you disclose to them, so you should carefully review the privacy policy of any external, third-party website you visit before using it or disclosing your personal information to its provider. Please keep in mind that whenever you voluntarily disclose personal information online, for example through email, discussion boards, forums or elsewhere, that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. Ultimately, you are solely responsible for maintaining the secrecy of your personal information. Please DO be careful, alert and responsible whenever you are online.
Cookies
The Internet pages of this Site use cookies. Cookies are text files that are stored in a computer system via an Internet browser. Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the user from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID. Through the use of cookies, this website can provide the users of our Site/App with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and/or Content on our Site/App can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our Site users. The purpose of this recognition is to make it easier for users to utilize our Site. The website user that uses cookies, for example does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.
The user may, at any time, prevent the setting of cookies through our Site/App by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the user deactivates the setting of cookies in the Internet browser used, not all functions of our site/App may be entirely usable.
This Site/App collects a series of general data and information when a user or automated system calls up the Site/App. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our Site/App (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, this Site/App does not draw any conclusions about the user. Rather, this information is needed to (1) deliver the Content of our Site/App correctly, (2) optimize the Content of our Site/App as well as its advertisements, (3) ensure the long-term viability of our information technology systems and website/App technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack.
Therefore, this Site/App analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our business, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by the user.
Member Registration
Wherever the user is able to register on this Site/App it will require the provision of personal data. Personal data that are transmitted to us is determined by the respective input forms used for the registration. The personal data entered by the user are collected and stored exclusively for our internal use, and for our own purposes only. We may at times request transfer to one or more processors (e.g. a parcel delivery service) that also uses personal data for an internal purpose which is attributable to us.
By registering as a member or user on this Site/App, the IP address—assigned by the Internet service provider (ISP) and used by the user—date, and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. The storage of this data is necessary only to secure us as a business and this data is not passed on to third parties, unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the user, with the voluntary indication of personal data, is intended to enable us to offer the user Content or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal data specified during the registration at any time, or to have them completely deleted from our database.
We shall, at any time, provide information upon request to a user as to what personal data are stored about them. In addition, we shall aim to correct or erase personal data at the request or indication of the user, insofar as there are no statutory storage obligations.
Newsletter Subscription
On this Site/App, users are given the opportunity to subscribe to our reALIGNA newsletter. The input form used for this purpose determines what personal data are transmitted, as well as when the newsletter is ordered from us. We inform subscribers regularly by means of a newsletter about special offers and other news. Our newsletter may only be received by the user if (1) the user has a valid email address and (2) the user has subscribed for the newsletter distribution. A confirmation email will be sent to the email address registered by a user for the first time for newsletter distribution, for legal reasons, in the double opt-in procedure. This confirmation email is used to prove whether the owner of the email address as the subscriber is authorized to receive the newsletter.
During the registration for the newsletter, we also store the IP address of the computer system assigned by the Internet service provider (ISP) and used by the user at the time of the registration, as well as the date and time of the registration. The collection of this data is necessary in order to understand the (possible) misuse of the email address of a user at a later date, and it therefore serves the aim of our legal protection.
The personal data collected as part of a registration for the newsletter will only be used to send our newsletter. In addition, subscribers to the newsletter may be informed by email, as long as this is necessary for the operation of the newsletter service or a registration in question, as this could be the case in the event of modifications to the newsletter offer, or in the event of a change in technical circumstances.
There will be no transfer of personal data collected by the newsletter service to third parties. The subscription to our newsletter may be terminated by the user at any time. The consent to the storage of personal data, which the user has given for sending the newsletter, may be revoked at any time. For the purpose of revocation of consent, a corresponding link is found in each newsletter. It is also possible to unsubscribe from the newsletter by communicating this to us by email.
Our newsletter may contain so-called tracking pixels. A tracking pixel is a miniature graphic embedded in such emails, which are sent in HTML format to enable log file recording and analysis. This allows a statistical analysis of the success or failure of online marketing campaigns. Based on the embedded tracking pixel, we may see if and when an email was opened by a user, and which links in the email were called up by the user. Such personal data collected in the tracking pixels contained in the newsletters are stored and analysed in order to optimize the shipping of the newsletter, as well as to adapt the content of future newsletters even better to the interests of the user. These personal data will not be passed on to third parties.
Users are at any time entitled to revoke the respective separate declaration of consent issued by means of the double-opt-in procedure. After a revocation, this personal data will be deleted upon request by the user. We automatically regard a withdrawal from the receipt of the newsletter as a revocation
Contact Forms & Email
If a user contacts us by email or via a contact form from the Site/App, the personal data transmitted by the user are automatically stored. Such personal data transmitted on a voluntary basis to us by a user is stored for the purpose of processing or contacting the sender. There is no transfer of this personal data to third parties.
Social Media
This SiteApp features integrated components, links and plug-ins of social media and web marketing applications, such as Facebook, Twitter, Instagram, YouTube, Google Analytics, Pinterest, LinkedIn, Tumblr and Google+ and other social media. These integrated components and plug-ins may collect personal data and cookies about users that is usually reported to the companies who operate these online applications. To the best of our knowledge all of the online vendors and service providers whose applications are integrated on this Site are General Data Protection Regulation (GDPR) compliant, but this cannot be guaranteed by us. The operating company information for each of these applications are available from their relevant representative websites. An overview of their plug-ins and other integration features can also be accessed by contacting them directly, as well as further information about their data processing and protection and privacy policies.
Payment
This Site/App features integrated components of Google Play Store and Apple App Store as well as PayPal.
Paypal, Google Play Store and Apple App Store provides online payment for reALIGNA Site/App. Payments are processed via PayPal, Google Play Store and Apple App Store, which represent virtual private accounts. These virtual payments adhere to the terms and conditions of PayPal, Google Play Store and Apple App Store.
PayPal is an online payment service provider. Payments are processed via so-called PayPal accounts, which represent virtual private or business accounts. PayPal is also able to process virtual payments through credit cards when a user does not have a PayPal account. A PayPal account is managed via an email address, which is why there are no classic account numbers. PayPal makes it possible to trigger online payments to third parties or to receive payments. PayPal also accepts trustee functions and offers buyer protection services.
The European operating company of PayPal is PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg.
If the user chooses PayPal, Google Play Store and Apple App Store as the payment option in our online shop during the ordering/subscription process on this Site/App, we automatically transmit the data of the user to PayPal, Google Play Store and Apple App Store. By selecting the payment option, the user agrees to the transfer of personal data required for payment processing. The personal data transmitted to PayPal, Google Play Store and Apple App Store is usually first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. The processing of the purchase contract also requires such personal data, which are in connection with the respective order. The transmission of the data is aimed at payment processing and fraud prevention. We will transfer personal data to PayPal, Google Play Store and Apple App Store in particular, if a legitimate interest in the transmission is given. The personal data exchanged between PayPal, Google Play Store and Apple App Store and us, for the processing of the data, will be transmitted by PayPal, Google Play Store and Apple App Store to economic credit agencies. This transmission is intended for identity and creditworthiness checks. PayPal, Google Play Store and Apple App Store will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfil contractual obligations or for data to be processed in the order.
The user has the possibility to revoke consent for the handling of personal data at any time from PayPal, Google Play Store and Apple App Store. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.
Paid Applications Agreement
reALIGNA offers a 2 week trial, thereafter the subscription is charged for.
The price is $9,99 a month.
The subscription is auto-renewable, until cancelled.
If a subscription is cancelled, personal data can be deleted via our portal, by emailing subscriptions@realigna.com
Payment will be charged to iTunes Account at confirmation of purchase
Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase.
Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.
Automated Decision-making
As a responsible company we do not use any form of automatic decision-making or user profiling.
User Rights
Each user shall have the right to obtain from us a confirmation as to whether or not personal data concerning them are being processed. If a user wishes to avail himself of this right of confirmation, they may, at any time, contact us.
Right of access.
Each user shall have the right to obtain from us free information about his or her personal data stored at any time and a copy of this information. Furthermore, the user shall have a right to obtain information as to whether personal data are transferred to a third party or to an international organisation. Where this is the case, the user shall have the right to be informed of the appropriate safeguards relating to the transfer. If a user wishes to avail himself of this right of access, he or she may, at any time, contact us.
Right to rectification.
Each user shall have the right to obtain from us without undue delay the rectification of inaccurate personal data concerning them. Taking into account the purposes of the processing, the user shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. If a user wishes to exercise this right to rectification, he or she may, at any time, contact us.
Right to object.
Each user shall have the right to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her. This also applies to profiling based on these provisions. We shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the user or for the establishment, exercise or defence of legal claims. If ever we should process personal data for direct marketing purposes, the user shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the user objects to the processing of their personal data for direct marketing purposes, we will no longer process the personal data for these purposes.
Right to withdraw data protection consent.
Each user shall have the right to withdraw his or her consent to processing of his or her personal data at any time. If the user wishes to exercise the right to withdraw the consent, he or she may, at any time, contact us.
Intellectual Property Notice
Subject to the express provisions of these terms and conditions we, together with our licensors, own and control all the copyright and other intellectual property rights in this Site/App and the material on this Site/App; and all the copyright, trademarks and other intellectual property rights in this Site/App and the material on this Site/App are reserved. You acknowledge that all materials on the Site, including the Site’s design, graphics, text, sounds, sound waves, original pictures, software, recordings, products, names, branding, logos and other files as well as the selection and arrangement thereof (collectively, “Materials”), are our and our licensors’ property, and are subject to and protected by International copyright and other intellectual property laws and rights.
All Content and Materials on this Site/App, including, without limitation, all newsletters, e-newsletters, and other materials distributed via the Site/App, are owned by reALIGNA and/or their licensors, and are protected by International copyright and all other intellectual property laws. All rights in and to such Content and Materials are reserved. Reproduction of any content, in whole or in part, without permission is prohibited.
All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. Except as expressly authorized by this Agreement or on the Site/App, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without our prior written authorization or that of the respective copyright owners.
The service marks, trade names, trade brands, dress and logos (collectively, “Marks”) contained or described on this Site and any Marks associated with any services, recordings and products available on the Site are the sole property of reALIGNA and/or its suppliers or licensors and may not be copied, imitated or otherwise used, in whole or in part, without our prior written authorization and/or that of our suppliers or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of this Site and may not be copied, imitated or otherwise used, in whole or in part, without our prior written authorization. We will enforce our intellectual property rights to the fullest extent of the law.
User Licence
Any and all communication and/or correspondence between yourself and this Site/App is intended for your personal use only. Copyright laws and confidentiality agreements apply. You agree that you will not share, publish, display nor distribute such communications in any way. Word of mouth, positive recommendation of our Site/App is permissible.
When using this Site/App, you may view pages from this Site/App in a web browser; download pages from our Site for caching in a web browser; print pages from our Site; stream audio and video files from this Site; and/or use our services by means of a web browser, subject to the other provisions of these terms and conditions.
Except as expressly permitted by sale or the other provisions of these terms and conditions, you must not download any material from our Site/App or save any such Material to your computer without our prior written consent. You may only use our Site/App for your own personal purposes, and you must not use our Site/App, all products offered on this Site and/or any Content on this Site/App for any other purposes.
Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our Site/App. Unless you own or control the relevant rights in the material, you must not republish material from our Site/App (including republication on another website); sell, rent or sub-license Materials and/or Marks from our Site/App; show any Materials from our Site/App in public; exploit Materials from our Site/App for a commercial purpose; or redistribute Materials from our Site.
You may redistribute our email our newsletter in print and electronic form to any person and post links to our Site/App content using social media platforms as long as you do so responsibly.
We reserve the right to restrict access to our Site/App at our sole discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Site/App.
Acceptable Use
You must ensure that all the information you supply to us through our Site/App, or in relation to our Site/App is true, accurate, current, complete and non-misleading.
You must not use our Site/App in any way or take any action that causes, or may cause, damage to the Site/App or impairment of the performance, availability or accessibility of the Site/App; use our Site/App or any of its Content in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; use our Site/App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Site/App without our express written consent; access or otherwise interact with our Site/App using any robot, spider or other automated means, except for the purpose of search engine indexing; violate the directives set out in the robots.txt file for our Site/App; or use data collected from our Site/App for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing). You must not use data collected from our Site/App to contact individuals, companies or other persons or entities.
Breaches of Terms and Conditions
Without prejudice to our other rights under these terms and conditions, if you breach the terms and conditions set out in this Agreement in any way, or if we reasonably suspect that you have breached the terms and conditions of this Agreement in any way, we may send you one or more formal warnings; temporarily suspend your access to our Site/App; permanently prohibit you from accessing our Site/App; block computers using your IP address from accessing our Site/App; contact any or all of your internet service providers and request that they block your access to our Site/App; commence legal action against you, whether for breach of contract or otherwise; and/or suspend or delete your account on our Site. Where we suspend or prohibit or block your access to our Site/App or a part of our Site/App, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
Assignment
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights an or obligations under these terms and conditions.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
Limited Warranties
We do not warrant or represent the completeness or accuracy of the information communicated in and/or published on our Site/App; that the Materials on this Site/App is up to date; or that the Site/App or any service on the Site/App will remain available.
We reserve the right to discontinue or alter any or all of our services and/or Content offered on the Site, and to stop publishing our Site, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Site services or Content, or if we stop publishing the Site.
To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Site/App and the use of our Site/App.
Third-party Websites & External Links
Links on this Site/App to external, third-party websites are provided only as a convenience to you. If you use these links, you will leave this Site/App. We do not control or endorse any such third-party websites. You agree that we and/or our suppliers, representatives and/or licensors will not be responsible or liable for any content, goods or services provided on or through these external websites or for your use or inability to use such websites. You will use these links at your own risk.
You are advised that other websites on the Internet, including third-party websites linked from this Site/App, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libellous, infringing of others’ rights or otherwise unlawful. We and our suppliers, representatives and/or licensors expressly disclaim any responsibility for the content, legality, decency or accuracy of any information, and for any products, contents and services, that appear on any external, third-party website.
Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the use of our Site/App, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our Site/App.
Disclaimer & Limitation of Liability
When you choose to make use of this Site/App, you acknowledge that you have fully read this disclaimer and terms and conditions of service, and that you expressly understand, and willingly agree to all of the following:
You expressly agree that use of this Site/App is at your sole risk.
If you are dissatisfied with this Site/App, any information found thereon, or with any of the Content provided on this Site/App, or with any of these terms and conditions of this Agreement, or the Privacy Policy or any other terms of use, your sole and exclusive remedy is to discontinue using this Site/App and its Content and related Services.
The Site/App (and all the Materials and Content contained herein) are provided on an “as is” and “as available” basis. Except as otherwise expressly provided in this agreement, we and our affiliated companies and their respective officers, directors, employees and other representatives (collectively, “Parties”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
By using our Site/App you agree to take full responsibility and to bear all liability for your interactions with us and the results thereof, including but not limited to any disputes, and any mental, physical, emotional, spiritual, psychological, technical, technological, relationship, health-related, career, investment, financial, business, equitable, legal or other harm you may suffer in connection with accessing or using this Site/App and/or its Content. We will not accept responsibility for any decisions made, or actions taken by you based upon the information contained within this Site/App. The choices you make and the actions you take in response to your use of this Site/App and all of its Content are solely your responsibility.
Except as otherwise expressly provided in this Agreement, we and our Parties make no warranty that this Site/App will meet your requirements; that the Site/App will be uninterrupted, timely, secure, or error-free; that the results that may be obtained from the use of this Site/App and/or its Content will be accurate or reliable; that the quality of any products, information, or other material obtained by you through this Site/App will meet your expectations, and that any errors in this Site/App will be corrected.
Any material received, streamed or otherwise obtained through the use of our Site/App is done at your own discretion and risk and you will be solely responsible for any resulting damage. No advice or information, whether oral or written, obtained by you from us or on the Site/App, shall create any warranty or guarantee not expressly stated in this Agreement.
All Content and/or products purchased on, or through, this Site/App are subject only to any applicable warranties of their respective manufacturers, distributors and/or suppliers, if any. To the fullest extent permissible by applicable law, we and our Parties disclaim all warranties of any kind, either express or implied, including, any implied warranties, with respect to the products listed or purchased on or through the Site/App. Without limiting the generality of the foregoing, we and our Parties expressly disclaim all liability for product or service defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions.
We and our Parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use this Site/App and/or its Content , including any liability as a publisher of information, as a seller of any products, for any defective products, for any incorrect or inaccurate information, for any unauthorized access to or disclosure of your transmissions or data, for statements or conduct of any third-party on the site, or for any other matter relating to this Site/App or any third-party website. Please note this is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, litigation or the like, whether based on breach of contract, breach of warranty, misdemeanour (including negligence), product liability or otherwise, even if an individual advises of the possibility of such damages.
The limitations of liability set forth herein are fundamental elements of the basis of the Agreement between you and us. The Content offered on and through this Site/App would not be provided to you without such limitations.
Notwithstanding the foregoing, the sole and entire maximum liability of ourselves and our Parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any Content purchased by you from this Site/App. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, this Agreement shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the Western Cape High Court, Cape Town, South Africa, in the event of any claim or dispute, Theory of Alignment, trading as reALIGNA.
In no event shall we, and/or our affiliates, or their respective officers, directors, employees, or agents be liable for any damages or losses of any kind, including, without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages, including, without limitation, lost profits or revenues, loss of use or similar economic loss, arising out of or resulting from your possession, access or use of the Site/App, including, but not limited to, liability arising from your reliance on the contents of the Site/App or any affiliated sites/Apps, errors in the content, data loss or corruption, or software or hardware damage, regardless of the basis of such liability.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, bug, trojan horse, robot, spider or the like, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of this Site/App, whether for breach of contract, tortious behaviour (including strict liability), negligence, or under any other cause of action.
You specifically acknowledge that we and/or our affiliates are not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
This Site/App is monitored from our offices in Cape Town, South Africa, and this Site/App is appropriate or available in other locations. Those who access or use this Site/App from other jurisdictions do so on their own volition and are responsible for their own compliance with local law.
Indemnification
You agree to defend, indemnify and hold harmless reALIGNA, its licensors and/or its affiliates, and their respective directors, members, officers, employees and agents from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and disbursements) arising out of or relating to: (1) your use of this Site/App, and/or any information, and/or goods, and/or Content purchased or provided via this Site/App; (2) your violation of the terms of use stipulated in this Agreement; (3) your violation of any third-party right, including but not limited to any copyright, property or privacy right; and/or (4) any claim that any of your User Submissions caused damage to a third-party. The obligations under this Section will survive this Agreement and your use of the Site.
Right to Terminate
We reserve the right to terminate or restrict your use of this Site/App without notice, for any or no reason whatsoever. We reserve the right to determine whether a user submission and/or request is appropriate and complies with this Agreement. We may remove such user submissions and/or terminate any user’s or member’s access to this Site/App and/or its Content who may be in violation of this Agreement at any time, without prior notice and at our sole discretion. You hereby agree that we may terminate or suspend your access to all or part of this Service and/or Site/App, without notice, for any conduct that we, in our sole discretion, believe to be in violation of this Agreement or any applicable law, or is harmful to the interests of reALIGNA and relevant Parties. All legally applicable sections shall survive any termination of this Agreement.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site/App and/or Content (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that reALIGNA and relevant Parties shall not be liable to you or to any third-party for any modification, suspension, or discontinuation of the Site/App.
Severability
If a provision of the terms and conditions of this Agreement is determined by any court or other recognized authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue to remain in effect.
If any arbitrator or any court of competent jurisdiction declares any provision of this Agreement to be invalid, unlawful or unenforceable as drafted, the parties intend that such provision be amended and construed in a manner designed to effectuate the purposes of the provision to the fullest extent permitted by law. If such provision cannot be so amended and construed, it shall be severed, and the remaining provisions shall remain unimpaired and in full force and effect to the fullest extent permitted by law.
Geographic Limits
We reserve the right, at any time in our sole discretion, to limit the availability and accessibility of the Site/App and its Content to any person, geographic area, or jurisdiction we so desire.
Jurisdiction & Dispute Resolution
This Site is controlled, operated and administered by Theory of Alignment from within the Republic of South Africa. Access to this Site/App from territories or countries where the content or purchase of the products and other Content offered is illegal, is hereby prohibited. You may not use this Site/App in violation of South African laws and regulations. If you access this Site/App from locations outside of South Africa, you are responsible for compliance with all your local laws.
This Agreement shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the Western Cape High Court, Cape Town, South Africa in the event of any dispute. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from, or relating to use of this Site/App or this Agreement must be filed within 30 days after such claim or cause of action arose or will be forever barred. The “Disclaimer & Limitation of Liability” provisions of this Agreement are for the benefit of reALIGNA and Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Ability to Accept Terms
You affirm that you are at least twenty-one (21) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In the instance that the Content is used for minors and any person under the age of (21), a parent or guardian’s consent is needed, and you affirm that such consent has been attained.
Entire Agreement
This Agreement constitutes the entire and only Agreement between reALIGNA and each user of this Site/App with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
ADA Compliance
We are currently working on improving our ADA compliance on our website and this will be complete by the 1st of September 2022
Contact Information
If you have any comments or questions concerning this Agreement, or wish to report any violation of this Agreement, please contact us. We will address any issue to the best of our abilities as soon as possible. Our Contact information can be found on our website.
Agreement Last Updated
May 23, 2020.
The website www.reALIGNA.com and the reALIGNA digital streaming App, are the only official Site/App and approved online source for reALIGNA
No representations or endorsements are made of any other websites or sources containing information about reALIGNA.
© 2010 – 2020 reALIGNA
All Rights Reserved.
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