Updated 21st November 2022
Membership Terms & Conditions
The following Terms and Conditions are entered into by and between You (“Client” or “You”) and Tai Chi Earth Ltd (“Company”, “we”, or “us”).
The Company agrees to provide you with access to the Programme, “the movement for calm” (“Programme”). As a condition of participating in the Programme, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
User accounts, age restrictions and use of data
You must be an adult to create an account and use the community and live lesson parts of the programme. Any children/vulnerable adults using the programme must only do so under your (the account holder’s) supervision at all times.
We use data collection within the programme to enable us to run and improve your user experience. We also collect video view data to help us improve our content. If this data is used for any wellbeing studies it will be anonymised unless prior permissions are sought before specific studies are commenced.
Nature of The Relationship
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Programme, which provides education and information. The information contained in the Programme, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
In consideration of Your access to the Programme, you agree to pay the fees corresponding to your chosen level of membership subscription, with the first payment due immediately. These payments will continue until you cancel your subscription to the Programme according to the Programme’s Cancellation Policy set forth below.
Payment Plan Authorization
You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.
The Programme is offered on an ongoing basis with a periodical subscription.
Users may cancel subscriptions at any time via their membership account page or by contacting us at https://movementforcalm.com/get-in-touch/ if you experience difficulties in cancelling.
Unsubscribing from a mailing list does not and will not put in a request for a cancellation of your membership subscription – cancellations are to be actioned on your membership account page.
Your membership subscription shall continue until the end of the existing subscription period and shall terminate at the completion of that period. You shall not be charged after a cancellation. After cancellation of your membership and the ending of the current billing period your membership will cease and all access to the service and use of our membership content will be removed.
If you no longer require your membership access and do not want to be charged for the next billing period it is entirely your responsibility to cancel before the next billing date. It is advised that you do so at least a few days before the next billing date.
We do not ordinarily offer refunds for membership recurring subscriptions. However, in exceptional circumstances we shall consider issuing a refund of the charge for the current billing period.
We reserve the right to deny your refund request and if a refund is processed we reserve the right to deduct a charge to cover the costs incurred by us for that billing period.
If a refund is issued to you, your membership will cease immediately and all access to the service and use of our membership content will be removed.
The programme is an online video based membership service providing information and sessions based on tai chi, qigong and mindfulness practices.
As part of the Programme, the Company shall provide the following to Client.
Access To Programme Area – The Company shall maintain a Programme Area that may include lessons, forms, worksheets, checklists, and other information. You shall have access to this Programme Area as long as you are a member.
Access To Private Discussion Group – The Company shall maintain a Private Group that You will have access to as a member of the Programme. That Group provides a forum for You to connect with other Programme participants and to seek guidance and support. Members of the Company will seek to interact with Programme participants in the group, but the Company does not make any guarantees about participation by any of its employee, founders, or members in the Group. You are required to abide by any and all rules posted in that Group. If you fail to abide by those rules, you will forfeit your right to participate in that Group. In the event you lose your right to participate in the Group as a result of rules violation, you shall not receive a refund.
Ownership Of All Intellectual Property
All content included as part of the Programme, such as text, graphics, logos, videos, recordings, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
Your participation in the Programme does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Programme, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Programme content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Programme.
The Company content is not for resale. Your participation in the Programme does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Programme will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Programme, you hereby agree to respect the privacy of other Programme participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Programme participants outside of the bounds of the Programme unless you receive express written permission from such other participant to share the information. Similarly, the content of the Programme contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Programme with anyone other than the Company, it’s owners and employees, and other Programme participants.
By participating in the Programme, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Programme or not. The Company provides educational and informational resources that are intended to help participants in the Programme succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles included in the Programme are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Programme. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Programme.
Materials Provided By You During The Programme
The Company does not claim ownership of the information or materials You may provide during the Programme (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Programme – in the Program and other marketing material going forward.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
The Company makes no warranties regarding the performance or operation of the Programme, including any technological aspects of the programme. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programmes, products, books, or services included in or through the Programme. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Programme and/or any information and resources contained in the Programme. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Programme.
The information, software, products, and service included or available through the Programme may include inaccuracies or typographical errors. Changes are periodically added to the information in the Programme. The Company and/or its suppliers may make improvements and/or changes in the Programme at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Programme for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Programme, with the delay or inability to use the Programme or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Programme, or otherwise arising out of the use of the Programme, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Programme or any portion of it, your sole and exclusive remedy is to discontinue using the Programme.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Auckland, New Zealand. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Programme and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Programme and the related services or any portion thereof at any time, if You become disruptive to the Company or other Programme participants, if You fail to follow the Programme guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination. The Company reserves the right, in its sole discretion, to close any free accounts and withdraw access to the programme at any time.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
This Agreement shall commence and be enforceable with respect to each Programme participant upon the date that the participant initially registers for the Programme.
The Company welcomes your questions or comments regarding the Disclaimer:
Tai Chi Earth Ltd
Suite 13013 Level 1
6 Johnsonville Road