(hereinafter — "Agreement")
Revision dated: July 22, 2022
1. GENERAL PROVISIONS
1.2. This Agreement is a contract of accession. BY GAINING ACCESS TO SITE MATERIALS AND CONTINUING TO USE THE SITE, THE USER IS CONSIDERED TO BE BOUND BY THIS AGREEMENT. The user is considered to have acceded to this Agreement even if there is a MARK "V" OR "X" IN THE BOX TO THE LEFT OF THE PHASE “I ACCEPT THE TERMS OF THE USER AGREEMENT”.
1.3. Basic terms used in this Agreement:
1) Site — a set of computer programs and other information contained in the information system, access to which is provided through the information and telecommunications network known as "Internet" at the domain name www.codeofsamsara.com, including (but not limited to) the Content of the Site.
2) Administration – “SAM8SARA Incorporated” (Delaware State File Number: 6010925), a legal entity created and operating under the laws of the United States of America, registered at the address: 19958-9776, Delaware, Lewes, 16192 Coastal Highway;
3) Users — individuals who have visited the Site and who have not passed the registration procedure on the Site, as well as those who have passed the registration procedure per this Agreement, have reached the age permissible and per the legislation of the United States of America necessary to accept this Agreement and have the appropriate legal standing to do so;
4) Content — any information, subjects of copyright and other related rights, including, but not limited to, text, music, sounds, photographs, images, computer programs, databases, works and/or design elements, logos, as well as trademarks and any other results of intellectual activity, that are posted on the Site or accessed through the Site;
5) Services — digital products that are provided by the Administration for a fee and/or free of charge, the list of which is given in the appropriate section on the Site.
6) Order — a User's request for the provision of the Services duly completed on the Site.
2. SUBJECT OF THE AGREEMENT
2.1. The subject of this Agreement is the procedure and conditions for using the Site, as well those that enable Users to order Services through the Site.
2.2. This Agreement applies to all types of Services that are presented on the Site, for as long as the Services and their descriptions are present in the corresponding section of the Site.
3. USE OF THE SITE. RIGHTS AND OBLIGATIONS
3.1. The Content, including all items posted on the Site, including design elements, text, graphic images, illustrations, videos, computer programs, music, sounds, and other items, are protected by, and subject to the exclusive rights of the Administration.
3.2. Users are not entitled to use the Content of the Site without the consent of the Administration, except for cases established by this Agreement and the current legislation of the United States of America. No Site Content can be copied (reproduced), modified, distributed, published, downloaded, transmitted, sold, or otherwise used in whole, or in part (fragmentary) without the prior consent of the Administration.
3.3. To place an Order, a User must complete the registration procedure on the Site by filling in the appropriate fields of the registration form.
3.4. The User's Order is made per the instructions indicated on the Site.
3.5. The Site User undertakes to:
3.5.1. Comply with the provisions of the current legislation of the United States of America and the provisions of this Agreement.
3.5.2. Provide reliable, complete, and up-to-date data during registration, and monitor its actualization.
3.5.3. Inform the Administration about unauthorized access to a User’s personal account and/or about the unauthorized use of the User's password and login.
3.5.4. Not provide other Users with access to their own personal account or certain information contained in it, if doing so may lead to a violation of the legislation of the United States of America and/or this Agreement.
3.5.5. Not register as a User on behalf of, or instead of, another person; not to mislead the Administration regarding his or her identity, using the login and password of another registered User; not to distort information about his or herself, including his or her age.
3.5.6. Obtain a properly completed consent of a third party for the processing of his or her personal data in the event of transfer (distribution, provision, access) of such personal data to the Administration to provide Services, which meet the requirements of the law. The user confirms, certifies, and guarantees that he or she has a properly executed consent of a third party that complies with the legal requirements for the processing of his or her personal data by the Administration BEFORE the Administration starts processing the personal data of such a third party.
3.6. The Administration undertakes to:
3.6.1. Provide Services per the current legislation of the United States of America;
3.6.2. Provide Services for a fee as indicated on the Site. If the price for the Service ordered by the User is indicated/displayed incorrectly due to a technical or another kind of error, the Administration will inform the User about this error, in order to confirm the Order at a corrected price or to cancel the Order. If the Administration fails to contact the User, the Order is considered canceled. If the Order has been paid, the Administration will return the amount paid for the Order to the User in the same way in which the Order was paid.
3.7. The Administration has the right to:
3.7.1. Send informational messages to Users. The user also agrees to receive advertising messages. The user has the right to refuse to receive advertising messages by using the appropriate functionality of the Site.
3.7.2. Do not provide the Services until full payment is received. The execution of the Order is carried out by the Administration only after receiving full payment for the Order.
4.1. The User is solely responsible in cases of providing incorrect information, which have entailed the impossibility of proper fulfillment of the Administration’s obligations to the User.
4.2. The Administration is not responsible for any types of losses incurred as a direct or indirect result of using the Site by the User or as a direct or indirect result of the using the Services, information posted on the Site, or any individual parts/functions of the Site.
4.3. Limitation of liability of the Administration:
4.3.1. THE SITE AND ITS FUNCTIONALITY, INCLUDING THE CONTENT AND DESIGN OF THE SITE, ARE SUPPLIED IN A COMPLETED FORM. THE ADMINISTRATION DISCLAIMS ANY GUARANTEE THAT THE SITE OR ITS FUNCTIONALITY MAY BE SUITABLE OR NOT SUITABLE FOR A PARTICULAR PURPOSE OR USE. THE ADMINISTRATION CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USING THE SITE AND / OR ITS FUNCTIONALITY;
4.3.2. BY USING THE SITE, THE USER AGREES THAT HE OR SHE SHALL BE PERSONALLY RESPONSIBLE FOR THE USE OF THE SITE MATERIALS AND THE RESULTS OF THE SERVICES, AS WELL AS FOR THE POSSIBLE CONSEQUENCES OF USING THE REFERENCED SERVICES.
4.3.3. THE ADMINISTRATION SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING LOST PROFITS, DAMAGES, HONOR, DIGNITY, BUSINESS REPUTATION, AND / OR INJURY CAUSED DURING THE USE OF THE SITE, THE MATERIALS TO WHICH THE USER OR OTHER PERSON HAVE ACCESS THROUGH SITE, OR THE RESULTS OF SERVICES RENDERED.
4.3.4. THE RESULTS OF THE SERVICES ARE PRESENTED EXCLUSIVELY AS INFORMATIVE MATERIALS, IN WHICH A SUBJECTIVE OPINION ABOUT AN EVENT, PERSON, CHARACTER, ACTIVITIES, TRAITS, AND MAY NOT COINCIDE WITH THE EVENTS THAT OCCUR OR HAVE OCCURRED IN REAL LIFE.
4.4. In the event that a User transfers (distributes, provides, gives access to) personal data of third parties to the Administration, the User is solely responsible for violation of rights in the area of personal data of such third parties and undertakes to reimburse any losses, including, but not limited to, any type of fines, penalties, compensation imposed to the Administration and/or paid by the Administration. If the User does not have the consent of a third party to process their personal data (clause 3.5.6) and/or unreliably or falsely provides assurances and/or guarantees (clause 3.5.6) of such consent, the User undertakes to reimburse the Administration for all losses, including any type of fines, penalties, compensation incurred by the Administration and/or paid by the Administration.
5. SUBSCRIPTION TERMS
5.1. Administration offers various subscription plans ("Subscriptions") for using and paying for the Service. Subscription Plans are subject to the terms below and those disclosed through the Site. Subscriptions are not nontransferable.
5.2. The Subscription is available exclusively to Users who have registered on the Site (clause 3.3 of the Agreement, hereinafter referred to as a "Registered User").
5.3. The Subscription prices are set by the Administration in the currency of the United States of America (in American dollar). Prices of Subscriptions are subject to change at any time.
5.4. Annual or Monthly. Each of these subscription plans is available either on a monthly or annual basis. Administration, or a third party through which you transact, will charge the applicable monthly or yearly fee for such subscription plan on the Registered User’s monthly or yearly renewal date, depending on which plan the Registered User selects.
5.5. In order to enter an agreement on the provision of Subscription on a periodic basis, the Registered User must click the "Select a subscription" button on the corresponding page of the Site, enter the following information and select the subscription period (clause 5.4 of the Agreement):
Date of birth;
Time of birth;
Place of birth;
BY CLICKING THE BUTTON MARKED “BUY” THE REGISTERED USER ACCEPTS THE OFFER OF THE PROVISION OF SUBSCRIPTION SERVICES ON THE SPECIFIED TERMS AT THE MOMENT OF CONCLUSION OF THE AGREEMENT FOR THE PROVISION OF THE SERVICE.
5.6. Registered Users receive bonuses that may be used to purchase Content on the Site ("Subscription Bonuses"). Subscription Bonuses are Bonuses that Registered Users receive on a monthly or annual basis.
5.7. Administration may, in its sole discretion, make available free or paid trial offers for a monthly or annual subscription plan, the terms of which will be more fully explained on the Site (a "Trial Offer"). You must have a valid payment instrument, such as a credit card or other permitted payment method, on file in your Account in order to initiate a Trial Offer. Administration may request a temporary authorization from the financial institution issuing your credit card or other payment instrument in order to confirm the validity of the credit card or other payment instrument to verify your eligibility to participate in any Trial Offer. Any Bonuses issued in connection with a Trial Offer or Content purchased with such Bonuses are issued and provided subject to such verification and may be revoked by Administration in the event that such verification fails. Upon expiration of the trial, you will automatically be joined into the related subscription plan and Administration will charge your default payment instrument the relevant monthly fee or annual fee, as applicable. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE TRIAL OFFER TO AVOID CHARGES. Trial Offers are limited to one per person.
5.8. The registered User has the right to unsubscribe (to cancel the contract for the provision of Subscription services) at any time.
5.8.1. Cancellation of the Subscription is carried out by the Registered User by pressing the appropriate button in the personal account. If you cancel your subscription, you will not receive a refund of any fees already paid. Cancellation terminates your access to content.
5.8.2. Funds for the current paid subscription period are not refundable, and subscription services are provided until the end of the current active period.
5.9. The Registered User agrees to the condition of automatic renewal of the Subscription (payment of the cost of the Subscription for a new period) upon the expiration of the active period of the previous Subscription. The renewed payment is made automatically on the same conditions, except for the cases specified in clause 6.5 of the Agreement) which were valid for the expired Subscription. Funds are debited automatically on the date when the active (paid) Subscription expires.
5.10. The Registered User undertakes to pay for the provision of Subscription services within 24 hours from the date of the agreement to the contract for the provision of services (clause 5.5 of the Agreement).
5.11. The following are considered as confirmation of payment made by the Registered User: cash receipts, electronic receipts and other documents issued by the relevant organizations that confirm a transfer of funds.
5.12. The Parties acknowledge and agree that the Administration is not liable to the Registered User in the event that funds are not received from the Registered User and/or the Administration does not receive appropriate confirmation of the fact of payment for reasons beyond the control of the Administration, including but not limited to: software failures of telecom operators, payment systems and other payment intermediaries that ensure the acceptance of payments for services and their transfer to the Administration.
5.13. The Parties also acknowledge and agree that the Administration is not obliged to provide services to the Registered User until the funds for the Services from the Registered User are received in the account of the Administration, unless otherwise provided by the Agreement.
5.14. Payment for the Subscription is carried out without the direct participation of the User, but with his or her prior consent and on an ongoing basis through the automatic debiting of funds from the User’s bank account in accordance with the rules and conditions of the bank and (or) payment system, which are subject to the availability of funds necessary to make the transaction.
5.15. The User hereby consents to his or her account and the funds therein to being debited by the servicing bank and (or) the payment system. Automatic debiting of funds for the Subscription occurs on a regular basis on the first day of each subsequent Subscription period.
5.16. This section of the Agreement regulates the relationship between the Administration and the Registered User.
6. REFUND POLICY
6.1 The User has the right to issue a refund for the Service and / or Subscription within 60 days after purchase, if one of the following conditions has been met:
During the process of Ordering a Service and/or Subscription, a system failure occurred that prevents the Order from being used for its intended purpose;
During the use of the Service and/or Subscription, a system failure occurred that prevents the Order from being used for its intended purpose;
The same Service and / or Subscription was ordered twice, resulting in an identical report;
6.2 In all other cases, due to the fact that the provided Service and/or Subscription is a digital product, refunds possible.
7. FINAL PROVISIONS
7.1. This Agreement is governed by and drafted in accordance with the laws of the United States of America. Issues that are not regulated by this Agreement are subject to resolution per the legislation of the United States of America.
7.2. In the event of any disputes or disagreements related to the fulfillment of the obligations of this Agreement, the User and the Administration will make every effort to resolve them through negotiations between the Parties or their representatives. In the event that a dispute(s) is/are not resolved through negotiations, the dispute(s) is/are subject to resolution in the manner prescribed by the current legislation of the United States of America.
7.3. This Agreement enters into force from the moment the User accedes to the Agreement and is valid until the Parties fully fulfill their obligations.
7.4. The Administration has the right to unilaterally change the terms of this Agreement at any time. Such changes come into force after 2 (two) days from the date of posting the new version of the Agreement on the Site. In the event that changes are made to this Agreement, the Administration will notify the User of the changes made through a pop-up window that provides access to the new version of the Agreement when the User visits the Site. If the User disagrees with the changes made, he or she is obliged to stop accessing the Site and to stop using all of the materials provided by the Site. Notification of changes to the Agreement may also be sent to the User's email address. By placing a mark "V" or "X" in the field "I AGREE" means the User agrees with the changes made.
Company name: «SAM8SARA Inc.»
Legal address: 16192 COASTAL HIGHWAY, LEWES, DELAWARE, 19958-9776
Delaware State File Number: 6010925