Legal Notices
Legal Notices
Disclaimers, End User Agreements, Limitations and Warranties
Disclaimers
Medical Disclaimer re “Energise with Qi Gong”
Before you begin any exercise program, consult your physician about participating in an exercise program. Not all exercises are suitable for everyone. If you feel discomfort or pain, do not continue. The instructions and advice presented are in no way intended as a substitute for medical counselling or advice. Information is also presented for general knowledge purposes only. It should not be guaranteed, complete or exhaustive; and in the case of Qi Gong the Health information, should NOT be construed as diagnostic with associated health recommendations. To proceed further you must read our full Legal Disclaimer and our document “Energise with Qi Gong: Training & Overview;” both texts are essential analysis.
General Disclaimer
Attha Media provides a range of products and services (collectively, the “Services”), some of which are predictive in nature. For legal purposes, such Services may contain certain elements of information that could be construed to be fortune-telling (as defined in law, which may vary from country to country). Such information is provided without any guarantee and are subject to both Attha Media’s and the Customers/Students/Affiliates/others’ (hereinafter referred to as the end user’s), interpretation.
Such interpretation by Attha Media may differ from that of the end user. The end user must (and agrees to) exercise personal responsibility for their own actions in response to, reliance upon, the sharing of, or use or mis-use of the information acquired from the service(s), and how they interpret such information, based on their level of mental acuity, knowledge of English or other language proficiency for comprehension, including any other 3rd party linked to the end user, who also is provided the services’ information (in full or part) by the end user.
The service(s) information provided to end users or as presented in the Attha Media website, social media channels, training programs, as well as any free or commercial service offered or performed by Attha Media is intended for general knowledge, educational and informational purposes only, and should not be considered as guaranteed, complete or exhaustive, nor relied upon as entirely factual.
Attha Media and all its directors, partners, employees, affiliates, content contributors, and web developers shall not be responsible or liable for any claim, loss, or damage arising from the use of the information provided in the service(s) howsoever obtained through the various business channels offered by Attha Media (including online and classroom training programs). In addition, Attha Media disclaims any representation or warranty concerning the accuracy of the information.
Whilst Attha Media makes reasonable efforts to include accurate and up-to-date information on our website, email, social media, and other channels; the information you access is provided “as is” and is without warranty, express or implied. Attha Media makes no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any information accessed through our site or provided through our online or classroom training programs. Attha Media assumes no liability or responsibility for any errors or omissions in the service provided. To the fullest extent permitted by applicable law, Attha Media disclaims all express or implied warranties stated within our website or other media and email channels, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
For service(s) related to health with exercise instruction, such instructions and associated advice presented in our content (written or video) is in no way intended as a substitute for medical advice or counselling. Information is presented for general knowledge purposes only. It should not be interpreted as guaranteed, complete or exhaustive; and should NOT be construed as diagnostic with associated health recommendations. Before you begin any exercise instructional program provided by Attha Media, you must first consult your physician about participating in such a program. Not all exercises and health advice is suitable for everyone. If you feel discomfort or pain commencing or during such a service, do not continue.
By accepting to purchase our Service(s), you agree not to rely solely on any of the information provided and contained in the Service(s), or by way of conversation over telecon or training course. As the end user of the Service(s), I have read, understood, and agree to the terms outlined herein in this Disclaimer and agree to purchase the Service(s) fully informed, without any liability whatsoever attributed to Attha Media, its directors, partners, employees, affiliates, content contributors, and web developers.
Your use of the www.attha.com site and all content therein is at your own risk. Attha Media have not reviewed all the sites that may be linked to its Attha Media site and is not responsible for the content of any off-site, linked pages or any other sites linked to our site. Attha Media assume no responsibility or liability arising from the contents of any off-site pages or sites, or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information therein.
Your access of any off-site content linked to this site is at your own risk and responsibility. Attha Media site visitors are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate the law. However, Attha Media is not responsible for the conduct of its individual site visitors. Your contact with any other Attha Media site visitors and any information they communicate to you or others is at your own risk.
Attha Media cannot and does not warrant that the functions or information contained in the www.attha.com site will be uninterrupted or error-free, or that defects will be corrected. Attha Media cannot and do not warrant against human and machine errors, omissions, delays, interruptions, outages or losses, including loss of data. Attha Media cannot and do not guarantee or warrant that files available for downloading from this online site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Attha Media reserve the right to block or remove communications or materials from this site that are determined to be abusive, defamatory, or obscene, commercially damaging, fraudulent, deceptive, or misleading; in violation of a Copyright, Trademark, or other Intellectual Property right of another; or offensive or otherwise unacceptable to Attha Media at their sole discretion.
By continuing to use the www.attha.com (Attha Media) website and proceeding to purchase the Services from this site, you indicate your awareness of and consent to these terms, conditions, and disclaimers. Log off immediately if you do not agree to any of the conditions stated in this disclaimer and the legal notices in general and as apply to the online shop as part of the acceptance to purchase process.
License Agreements
General End User(s) Content License Agreement (Qi Gong Video or other Licensable content)
Please take careful note that this End User Content License Agreement is a legal agreement between you and/or your organisation (the licensee and end user) and Attha Media (the Licensor), with regard to the copyrighted content, the Services supplied by Attha Media. By purchasing the Services i.e. content and services offered via our Online Shop or installing, copying, downloading, or otherwise using Attha Media‘s software, content and instructional documentation Services; you agree to be bound by the terms of this Licence Agreement.
If you DO NOT AGREE to the terms of this Agreement, Attha Media is unwilling to licence the Services to you. In such an event, you may not use the Services you should exit from the Online Shop transaction process for the Content or destroy the content that you have in your possession (if you deem that a refund is applicable you should contact Attha Media to state a claim).
Conditions of License
This statement addresses conditions of license:
1) Licensee Grant: You may only use the assigned number of licenses issued for the Services. The Service license(s) will be issued for the supply of the Services in the name of the Purchaser (the licensee). Further licenses can be purchased from Attha Media as required.
2) Attha Media authorises the licensee the right of transfer of this license if the Service(s) is purchased as a gift for a 3rd party. In such circumstances the rights, title and obligations of this license will vest with the receiver of the Services as “the gift.”
3) Attha Media warrants that it has the authority to grant the license:
- a. The license shall be non-transferable except for (2.) above and is non-exclusive to the Licensee.
- b. Each license issued to the licensee by Attha Media provides the licensee with perpetual use of the Services.
- c. The perpetual right granted to the licensee in (1, 2) may be terminated by Attha Media should the licensee breach any of the terms and conditions cited herein; and in such circumstances the licensee shall deliver up to Attha Media the Services, including all copies, authorised or otherwise; whether in their original form or as so modified by the licensee or as held by other 3rd parties associated with the licensee.
Limitation on Reverse Engineering of Products including Content.
This section covers reverse engineering, copy decompilation or disassembly. The licensee agrees that under no circumstances shall the licensee or other 3rd party associated with the Licensee reverse engineer, reverse decompile or disassemble the Service. You also agree not to copy the written materials accompanying the Services, modify, translate, resell, rent, transfer, or assign all or part of the Services, or any rights granted herein to any other person or organisation; and removing or altering any proprietary notices, labels or marks from the Services is strictly prohibited and is an illegal breach of the license agreement.
In no event shall Attha Media be liable for any damages whatsoever (including, without limitation, damages for personal loss, or loss of business profits or revenues (real or projected), business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use the Services even if Attha Media has been advised of the possibility of such damages.
This agreement supersedes all prior agreements, arrangements and undertakings between the transacting parties and constitutes the entire agreement between the parties relating to the Services.
The Licensee shall not assign whether in whole or in part the benefits of this agreement or any rights or obligations hereunder, without the prior written consent of Attha Media.
Except as set out herein, where separate terms are provided by Attha Media then subject to this agreement; those terms also apply and prevail, to the extent of any inconsistency with this agreement.
Acceptance
This statement addresses acceptance of usage conditions:
- Upon download and/or installation and/or commencement of use of the Services, you, the licensee (end user), shall be responsible for ensuring that the Services are used in accordance with the specifications, terms, conditions, user obligations and limitations as outlined on the Attha Media website and as spoken and written herein and in the Services, where stipulated.
- The Services will be deemed to be accepted as from the date of purchase, no matter the form of delivery.
This agreement shall be governed by and construed in accordance with the laws for the time being in force in the Courts of Australia and its States and Territories and the parties agree to submit to the jurisdiction of the courts and tribunals of that Country (as nominated by Attha Media).
No forbearance, delay or indulgence by a party in enforcing the provisions of this agreement shall prejudice or restrict the rights of that party, nor shall any waiver of those rights operate as a waiver of any subsequent breach.
Should any part of this agreement be or become invalid, that part shall be severed from this agreement. Such invalidity shall not affect the validity of the remaining provisions of the agreement.
Any dispute of difference arising in connection with this agreement shall be submitted to arbitration in accordance with, and subject to, the rules for the conduct of the Commercial Arbitrations of the Institute of Arbitrators (Australia); or other institution as nominated by Attha Media. During such arbitration, both parties may be represented by a duly qualified legal practitioner.
Attha Media retains perpetual ownership of the Services as IP, whether in its original form or as modified by the Licensee or other associated 3rd parties.
Copyright
This statement addresses issues relating to copyright:
- The Services are licensed not sold. All content, IP, know-how and source code of the software, audio, video, content, and any accompanying printed instructional materials relating to the Services is owned by Attha Media. You acknowledge that title and full ownership rights to the Services remain the exclusive property of Attha Media and you will not acquire any rights to the Services except as expressly stated herein.
- The licensee shall under no circumstances copy the Services, in whole or in part.
- The licensee must notify Attha Media immediately on becoming aware of any unauthorised use or copying of the whole or any part of the Services.
Modification
This statement addresses modifications of Services:
- The Licensee (end user) shall not modify the whole or any part of the Services or combine or incorporate the whole or any part of the Services in any other software or other form of media content, program, or system without prior consent in writing by Attha Media.
- If the Services are modified in accordance with the preceding clause (1.) above, the modifications shall, unless Attha Media directs otherwise, be made in accordance with a written proposal submitted by the end user to Attha Media.
- The licensee shall fully indemnify and hold harmless Attha Media against any liability incurred if the said modifications infringe the intellectual property rights of a third person.
- The Services as modified remains the property of Attha Media.
- This agreement shall continue to apply to the Services as modified.
The licensee shall be responsible for protecting the Services always from unauthorised access, use or damage.
Risk of loss or damage to the Services, shall pass to the Licensee upon delivery by whatever means.
Export for the sale of Attha Media proprietary Services or services is not authorised, nor supported in any way; unless by prior written agreement with Attha Media.
Software Download Licensing & Operation
Please take careful note that this End User General License Agreement is a legal agreement between you and/or your organisation (the licensee and end user) and Attha Media (the Licensor), regarding the copyrighted Services supplied by Attha Media. By purchasing our Software and its content or installing, copying, or otherwise using Attha Media‘s other video, audio, software, content and instructional documentation the Services; you agree to be bound by the terms of this Licence Agreement. If you do not agree to the terms of this Agreement, Attha Media is unwilling to licence the Services to you as a pre-requisite to the sales process via the online shop.
Instructional Documentation
This statement addresses instructional documentation. Please note the following:
- Attha Media shall provide a downloaded copy of the Instructional support information to the Licensee with the Services. This will take the form of a PDF accompanying other software.
- Attha Media warrants that the Instructional information will be adequate to aid the End User to follow instructions in the manner reasonably contemplated by the parties.
- The Licensee acknowledges Attha Media’s proprietary interest in the Services and services.
Acceptance & Title
This statement addresses acceptance of usage & title conditions:
- Upon installation and/or commencement of use of the Services, you, the licensee (end user), shall be responsible for ensuring that the Services is used in accordance with the specifications, terms, conditions, user obligations and limitations as outlined on the Attha Media website and as spoken and written in the Services or services
- The Services will be deemed to be accepted as from the date of purchase, no matter the form of delivery.
- Transfer of title to licensee to use the content “i.e. the Services will only occur upon full payment for the content being received by Attha Media.
Limitations & Disclaimer of Warranty
Attha Media’s entire liability and your exclusive remedy under this agreement shall not exceed the price paid for the Services and/or services if any (or a prorata component of that price). In no event shall Attha Media be liable to you for any consequential, special, incidental, or indirect damages of any kind arising out of the use or inability to use the Services, even if Attha Media has been advised of the possibility of such damages, or any claim by a third party.
Disclaimer of Warranty
All of the Services and/or services are sold as-is without warranty of any kind:
- Attha Media disclaim and make no expressed or implied warranties and specifically does not warrant anything in relation to performance, merchantability, fitness for a purpose and non-infringement of third party rights; and all warranties whether expressed or implied are hereby excluded if they are able to be excluded by law.
- The entire risk as to the quality, performance and interpretation of the Services or services is with you. Attha Media does not warrant that the information, concepts, or instructions contained in the Services or services will meet your requirements or that the operation of the Services will be uninterrupted or error free.