Terms & Conditions of Use


The following terms and conditions govern all use of the heartsoulmeditation.org website ("WEBSITE") and all content, services and products available at or through the WEBSITE. The WEBSITE is owned and operated by the Baleno Charitable Foundation ("BALENO"). BALENO and its affiliates provide their services to you subject to the following conditions. If you visit or shop on any of the websites BALENO operates, you accept these conditions. Please read them carefully.

 

The WEBSITE is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, BALENO's Privacy Policy) and procedures that may be published from time to time on this WEBSITE by BALENO (collectively, the "Agreement").

 

Please read this Agreement carefully before accessing or using the WEBSITE or purchasing goods in our store. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this Agreement. 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 and conditions are considered an offer by BALENO, acceptance is expressly limited to these terms.

 

The Terms and Conditions shall supplement any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. If you have any questions, please contact us.

 

Privacy

This website is provided “as is” without any representations or warranties, express or implied. BALENO makes no representations or warranties in relation to this website or the information and materials provided on this website.

 

Please read our Privacy Policy that also governs your visit to this site.

 

Electronic Communications

When you visit BALENO, by creating an account in the online store or simply by sending emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all Agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Intellectual Property

You agree that the content included on this site, such as text, graphics, logos, button icons, images, audio, data compilations, and software you access, view or download and the software used to create it, remains the property of BALENO or its software suppliers as defined by New Zealand and International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter the content in any way, or make it available to any third parties. In this regard please also read our Copyright Notice here.

 

The trademark BALENO and other BALENO graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or belong to the corporate idendity of BALENO or its affiliates in New Zealand and/or other countries. BALENO's trademarks and corporate idendity may not be used in connection with any product or service that is not BALENO's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BALENO. All other trademarks not owned by BALENO or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BALENO or its affiliates. Your use of the WEBSITE grants you no right or license to reproduce or otherwise use any BALENO or third-party trademarks.

 

This Agreement does not transfer from BALENO to you any BALENO or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BALENO.

 

License and Site Access, Intended Audience and Information Provider Details

BALENO grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BALENO. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of spiders, robots, avatars, agents, data mining, gathering or similar data gathering and extraction tools and attempts to probe, scan or test or breach security and authentication measures. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BALENO.

 

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BALENO and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing BALENO's name or trademarks without the express written consent of BALENO. Any unauthorized use terminates the permission or license granted by BALENO. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BALENO so long as the link does not portray BALENO, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BALENO logo or other proprietary graphic or trademark as part of the link without express written permission.

 

Responsibility of Website Visitors

You represent and warrant that

 

(i) your use of the WEBSITE will be in strict accordance with the BALENO Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from New Zealand or the country in which you reside) and

 

(ii) your use of the WEBSITE will not infringe or misappropriate the intellectual property rights of any third party.

 

BALENO has not reviewed, and cannot review, all of the material, including computer software, posted to the WEBSITE, and cannot therefore be responsible for that material’s content, use or effects. By operating the WEBSITE, BALENO does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The WEBSITE may contain content that is containing technical inaccuracies, typographical mistakes, and other errors. BALENO disclaims any responsibility for any harm resulting from the use by visitors of the WEBSITE, or from any downloading by those visitors of content there posted.

 

Reviews, Comments, Communications and Other Content

Visitors may post reviews, comments, and other content; send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. BALENO reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

 

If you do post content or submit material, and unless we indicate otherwise, you grant BALENO and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BALENO and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BALENO or its affiliates for all claims resulting from content you supply. BALENO has the right but not the obligation to monitor and edit or remove any activity or content. BALENO takes no responsibility and assumes no liability for any content posted by you or any third party.

 

Copyright Infringement

As BALENO asks others to respect its intellectual property rights, it respects the copyright of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please let us know and include the following details:

  • Identification of the copyrighted work that has allegedly been infringed upon and that you wish to have removed. Please include a web address (URL) and description of where the material that you claim is infringing is located on the site;
  • A statement that the complaining party believes what constitutes infringement;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • Your address, telephone number, and email address;
  • A statement and signature by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

BALENO will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of BALENO or others, BALENO may, in its discretion, terminate or deny access to and use of the WEBSITE.

 

Before submitting a complaint, please also view our credits page as certain intellectual property used on this site is in accordance with its terms or license of putting a link to the copyright holder's homepage.

 

Links and Other Businesses

We provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. BALENO does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. By linking to a non-BALENO WEBSITE or webpage, BALENO does not represent or imply that it endorses such WEBSITE or webpage. You should carefully review their privacy statements and other conditions of use. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

 

Disclaimer of Warranties and Limitation of Liability

The WEBSITE is provided "as is". BALENO and its affiliates hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither BALENO nor its affiliates makes any warranty that the WEBSITE will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the WEBSITE at your own discretion and risk.

 

In no event will BALENO, or its affiliates, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for

 

(i) any special, incidental or consequential damages;

 

(ii) the cost of procurement or substitute products or services;

 

(iii) for interuption of use or loss or corruption of data.

 

BALENO shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

Please read our Disclaimer as it is included in this Agreement and you accept it while using this WEBSITE.

 

Indemnification

You agree to indemnify and hold harmless BALENO, its affiliates, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the WEBSITE, including but not limited to out of your violation this Agreement.

 

Disputes

Any dispute relating in any way to your visit to BALENO or to products you purchase through this WEBSITE shall be submitted to confidential arbitration in Auckland, New Zealand, except that, to the extent you have in any manner violated or threatened to violate BALENO's intellectual property rights, BALENO may seek injunctive or other appropriate relief in any state or federal court in New Zealand, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the New Zealand Arbitration Act. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

Other Policies, Changes, and Severability

Please review our other policies, such as our disclaimer, privacy, copyright, returning order, payment, shipping and other policies, posted on this site as these policies also govern your visit to BALENO.

 

We reserve the right to make changes to our site, policies, and these Terms & Conditions at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the WEBSITE following the posting of any changes to this Agreement constitutes acceptance of those changes. BALENO may also, in the future, offer new services, products and/or features through the WEBSITE. Such new features, products and/or services shall be subject to the terms and conditions of this Agreement.

 

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and be construed to reflect the parties’ original intent and shall not affect the validity and enforceability of any remaining condition.

 

Applicable Law

You agree that this Agreement, any access to or use of the WEBSITE will be governed by the laws of the state of Auckland, New Zealand, excluding its conflict of law provisions, and that the proper venue for any disputes arising out of or relating to any of the same between you and BALENO or its affiliates will be the state Auckland and its related federal courts.

 

Our Address and How to Contact us

Baleno Foundation
PO Box 524
Waiheke Island
Auckland
New Zealand

 

If you have any comments or questions, please do not hesitate to contact us via the online web form.