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Terms & Conditions

Terms and Conditions

(Including Privacy Terms and Cookie Policies)

01/11/22

1. Introduction
These Terms and Conditions apply to this website, https://www.out-of-the-body.com/ (hereinafter: "the website" or "website") and the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.

2. Binding
By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and Conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.

3. Electronic communication

By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

4. Intellectual property

We hold copyright and other intellectual property rights over the original content and material on our website, including but not limited to the text, layout, design, appearance, and graphics. This encompasses all data, information, and other resources created by us and displayed on or accessible within our website.

4.1 Third-Party Copyrights: Certain content, specifically images and graphical material featured primarily in our blog section, and otherwise, are not the property of Sleep Consciousness and remain under the copyright ownership of their respective creators. We use these images under specific agreements, licenses, or as allowed by fair use laws, and do not claim ownership of them.

4.2 User Responsibilities: Users are advised that they may not use these images without obtaining permission from the respective copyright owners. It is the responsibility of users of our website to respect these intellectual property rights and to refrain from copying, redistributing, or using any content, including images and text, without appropriate authorization, except as permitted by law.

4.1 All the rights are reserved

Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).

4.2 You may share data from the site on social media sites as long as the contents are not altered and that references to the website and the authors of the blogs are shared. 

4.3 Newsletter

Notwithstanding the foregoing, you may forward our newsletter in electronic form to others who may be interested in visiting our website.

5. Third-party property

5.1 Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.

5.2 We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however, caused, resulting from your disclosure to third parties of personal information.

6. Responsible Use

By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or concerning our website.

Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.

7. Registration in Webinars

7.1 All content presented during webinar online and in-person activities is the intellectual property of Sleep Consciousness, which is the owner of the copyright registration and is protected by international intellectual property and copyright laws and regulations. The material and images must not be used under any circumstance and for any purpose, in whole or in part, without Sleep Consciousness’s explicit written consent.

7.2 Sleep Consciousness does not authorize the recording, by any means, partial or total, of these activities, whether online or in person, nor does it authorize the distribution of the course’s material or the sharing of the activity’s link online with anyone.

7.3 The disclosure or sharing of any personal information related to any participant, instructor, guest speaker or IAC staff, is strictly prohibited.

8. Termination of use

We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

9. Warranties and liability

Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:

i. this website or our content will meet your requirements;
ii. this website will be available on an uninterrupted, timely, secure, or error-free basis.
iii. Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.

The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter in which it would be unlawful or illegal for us to limit or exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.

Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

10. Privacy Terms

To access our website and/or services, you may be required to provide certain information about yourself as part of any registration processes associated with this website. You agree that any information you provide will always be accurate, correct, and up to date.

10.1 Personal Data Privacy

Your privacy is of utmost importance to us. Your personal data will only be accessible to authorized team members. Additionally, we may share your anonymized data with partner universities and third-party researchers for the purpose of advancing scientific research. By giving your consent, you agree to such sharing, and we will take all reasonable steps to ensure that your privacy is protected in accordance with GDPR guidelines.

10.2 In our processing we comply with the requirements of privacy legislation. That means, among other things, that:

i. We clearly state the purposes for which we process personal data.
ii. We aim to limit our collection of personal data to only the personal data required for legitimate purposes;
iii. We first request your explicit consent to process your personal data in cases requiring your consent;
iv. We take appropriate security measures to protect your personal data and also require this from parties that process personal data on our behalf;
v. We respect your right to access your personal data or have it corrected or deleted, at your request.

10.3 We may collect or receive personal information for a number of purposes connected with our business operations which may include the following

i.  Contact - Through phone, mail, email and/or webforms.
ii. Payments.
iii. Newsletters.
iv. To support services or products that a customer wants to buy or has purchased.

10.4 Disclosure practices

We disclose personal information if we are required by law or by a court order, in response to a law enforcement agency, to the extent permitted under other provisions of law, to provide information, or for an investigation on a matter related to public safety.

If our website or organisation is taken over, sold, or involved in a merger or acquisition, your details may be disclosed to our advisers and any prospective purchasers and will be passed on to the new owners.

10.5 Security

We are committed to the security of personal data. We take appropriate security measures to limit abuse of and unauthorised access to personal data. This ensures that only the necessary persons have access to your data, that access to the data is protected, and that our security measures are regularly reviewed.

10.6 Third-party websites

This privacy statement does not apply to third-party websites connected by links on our website. We cannot guarantee that these third parties handle your personal data reliably or securely. We recommend you read the privacy statements of these websites before making use of these websites.

10.7 Amendments to this privacy statement

We reserve the right to make amendments to this privacy statement. It is recommended that you consult this privacy statement regularly to be aware of any changes. In addition, we will actively inform you wherever possible.

10.8 Accessing and Modifying Your Data

If you have any questions or want to know which personal data we have about you, please contact us.  You have the following rights:

i. You have the right to know why your personal data is needed, what will happen to it, and how long it will be retained for.
ii. Right of access: You have the right to access your personal data as it is known to us.
iii. Right to rectification: you have the right to supplement, correct or delete your personal data whenever you wish.
iv. If you give us your consent to process your data, you have the right to revoke that consent and to have your personal data deleted.
v. Right to object: you may object to the processing of your data. We comply with this unless there are justified grounds for processing.

10.9 How long we retain your data

We store information about you for as long as you notify us to delete it.

10.10 Payments

We accept payments through PayPal, Stripe and Amazon. When processing payments, some of your data will be passed to PayPal and Stripe, including information required to process or support the payment, such as the purchase total and billing information. Please see the PayPal, Stripe and Amazon Privacy Policy for more details.

10.11 What we share with others

We may need to share information with third parties who help us provide additional services to the website and you.

11. Cookier Policy (EU)

Our website uses cookies and other related technologies (for convenience all technologies are referred to as "cookies"). Cookies are also placed by third-party apps we have engaged.

11.1 Technical or functional cookies

Some cookies ensure that certain parts of the website work properly and that your user preferences remain known. By placing functional cookies, we make it easier for you to visit our website. This way, you do not need to repeatedly enter the same information when visiting our website and, for example, the items remain in your shopping cart until you have paid.

11.2 Consent

When you visit our website, we will ask for your consent to use these categories of cookies and plug-ins as described in this Cookie Policy (point 11.).

11.3 As a result, certain Marketing and Analytics integrations will only work after a visitor approves to using the relevant cookies. Below are some examples of the apps that will not work before obtaining visitor consent:

Functional cookies: Hubspot and apps created by POWr.
Marketing / Advertising cookies: Marketing integrations such as Facebook Ads, Google Ads and Facebook Pixel.
Analytics cookies: Analytical tools like Google Analytics, Hotjar and Wix Analytics.

12. Registration Forms and Contacts

When you register for our events, courses and services such as registering your interest in events or courses, contacting us with our Contact form, or downloading documents, you may have to fill in a registration form online. We use that information to tell you about things you’ve asked us or to contact you if we need to obtain or provide additional information. This equally means that you accept to receive other types of information such as our newsletter which you can unsubscribe to at any time. When providing this information you agree that any information you provide will always be accurate, correct, and up to date.

We collect this via a web form hosted by third-party providers to efficiently keep records of event registrations or information requests. The information collected is always for our internal use and is never, ever, shared with any other company or business for marketing purposes. 

13. Newsletter Signup

As part of the registration process for our regular newsletter, we collect personal information. We use that information to tell you about things you’ve asked us or to contact you if we need to obtain or provide additional information. We don’t rent or trade email lists with other organisations and businesses.

We use third-party providers to deliver our newsletter and confirmation of event registrations. We gather statistics around email openings and clicks using industry-standard technologies to help us monitor and improve our newsletter.

You can unsubscribe to general mailings at any time by clicking the unsubscribe link at the bottom of any of our emails, or by replying to the email and asking us to remove you from our list. Please note that you may still receive service emails, such as those we send when we must inform you of pending payment, refunds, event attendance confirmation and tickets, links to participate in events/courses you registered for, etc.

14. Export Restrictions / Legal Compliance

Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of the United Kingdom.

15. Affiliate marketing

Through this Website, we may engage in affiliate marketing whereby we receive a percentage of or a commission on the sale of services or products on or through this website. We may also accept sponsorships or other forms of advertising compensation from businesses. This disclosure is intended to comply with legal requirements on marketing and advertising which may apply, such as the US Federal Trade Commission Rules.

16. Assignment

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.

17. Breaches of these Terms and conditions

Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

18. Force majeure

Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.

19. Indemnification

You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.

20. Waiver

Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

21. Language

These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.

22. Entire agreement

These Terms and Conditions, together with our privacy terms (Paragraph 11) and cookie policy terms (Paragraph 12), constitute the entire agreement between you and Sleep Consciousness in relation to your use of this website.

23. Updating of these Terms and conditions

We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.

24. Choice of Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of the United Kingdom. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of the United Kingdom. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

25. Contact information

This website is owned and operated by Sleep Consciousness.

You may contact us regarding these Terms and Conditions through our contact page.

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