Thank you for your interest in these Terms and Conditions (these “Terms”). These Terms apply to our constellation services as set out on our website and constitute a legal agreement. between you (“you” or “your”) and Akasha Constellations.

 

  1. ABOUT US (GENERAL)
    • We are Creating Miracles SRL of Strada Azurului 5, București 077042, Romania (“Akasha Constellations”, “we”, “us”, “our”).
    • We operate www.akashaconstellations.com (“website”) and provide our services as further described on our website (“Constellations”).
    • To contact us, please use our Contact Form.
    • These Terms were last updated on Wednesday, 16th of October, 2024, and are the current and valid version.
    • The following additional terms apply to your use of our website and services and form part of these Terms:
      • our Privacy Policy;
      • our Cookie Policy.

 

  1. TERMS OF USE (WEBSITE)
    • General
      • By using this website you are deemed to accept the following Terms (“this website” means the whole or any part of the web pages located at www.akashaconstellations.com, and include the layout of this website; individual elements of this website’s design; underlying code elements of the website; or text, sounds, graphics, animated elements, or any other content of this website) operated by Akasha Constellations.
      • As you browse through this website, you may access other websites that are subject to different Terms. When using these other sites, you will be bound by the Terms posted on those websites.
      • Akasha Constellations may change these Terms at any time without notice. Any amendment will be effective immediately. Your use of this website after any amendment constitutes an agreement by you to comply with and be bound by the amended Terms. Accordingly, you should read these terms from time to time for changes.
    • User Rights And Intellectual Property Rights
      • This website is our copyright property. All rights are reserved.
      • You are provided with access to it only for your personal and non-commercial use. Other than for these permitted purposes, and for the purposes of and subject to the conditions prescribed under statutes that apply in your location, you may not, in any form or by any means:
      • adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this website; or
      • commercialize any information or services obtained from any part of this website;
      • without our written permission.
      • All rights in this website and the content on this website including copyright, design rights, source codes and any other intellectual property rights in any of the foregoing are reserved to Akasha Constellations and/or their content and technology providers.
      • All trade names, service marks and other product and service names and logos displayed on the website are proprietary to their respective owners and are protected by applicable copyright laws.
      • Nothing contained on the website should be construed as granting any license or right of use of any other person’s or entity’s intellectual property which is displayed on this website without their express permission.
      • You may not remove, change or obscure the Akasha Constellations logo or any notices of proprietary rights on any content of this website.
    • Links
      • This website may contain links to other websites solely for your convenience only and may not remain current or be maintained. Akasha Constellations does not endorse, recommend, or approve of any information, products, or services referred to on such linked sites and assumes no responsibility for the contents of any other website to which this website offers links.
      • You may not link the homepage or any other parts of this website without prior written consent from Akasha Constellations.
      • Your use of any link to a linked website is entirely at your own risk.
      • Unless stated otherwise on this website, Akasha Constellations has:
        • no relationship with the owners or operators of those linked website; and
        • no control over or rights in those linked websites.
      • Disclaimer
        • The content on this website is provided by Akasha Constellations in good faith on an “as is” basis for general information purposes only and is not intended to constitute or substitute advice of any kind. You are encouraged to confirm any information obtained from or through our website with other sources and review all information.
        • Akasha Constellations makes no representations about the suitability, reliability, timeliness, comprehensiveness, and accuracy of the information, services, and other content contained on this website. Akasha Constellations may, from time to time, change or add to this website without notice. However, we do not undertake to keep this website updated. Akasha Constellations is not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date.
        • Akasha Constellations cannot guarantee that the content and the provision of the content of this website will always be correct or fault, error and virus free. Akasha Constellations does not accept liability for incorrect content or errors and omissions in this website or its content (whether of legal, typographical, technical, or other nature) but endeavors to correct them as quickly as practicable. Akasha Constellations will not be liable for any interference with or damage to your computer systems that may occur in connection with use of this website or a linked website, or for any data lost or any equipment or software replaced by you as a result of you using this website. You must take your own precautions to ensure that whatever you select for your use from this website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.
        • To the extent permitted by applicable law, all representations, warranties and other terms are excluded.
        • This general disclaimer is not restricted or modified by any specific warnings and disclaimers elsewhere on this website.
      • Privacy
        • These Terms incorporate, and should be read together with our Privacy Policy and Cookie Policy. We will use only the personal data which you submit to us via the website in accordance with our Privacy Policy.
      • Uploading And Providing Information
        • You irrevocably and unconditionally represent and warrant that any of your information uploaded to our website and services including in our forms complies with our Privacy Policy, and any other applicable laws.
        • You are fully responsible for your information uploaded to our website and services. We will not be responsible, or liable to any third party, for:
        • the information or accuracy of any information or data uploaded by you, by us on your behalf, or any other user of our website; or
        • the loss of any information or data provided to us by you. You should keep a record of all such information and data.
        • We will only use the information uploaded by you for the purposes of carrying out the services, carrying out our obligations in these Terms and any other purpose expressly set out in these Terms or otherwise agreed between us. We will not otherwise disclose or distribute the information uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
        • We may use the information uploaded by you for the purpose of data analytics. Any such information shall be anonymised and used only for the purposes of improving the services and our response to users of the website.
        • We have the right to disclose your identity to any third party claiming that any information posted or uploaded by you to our website constitutes a violation of their rights under applicable law

 

  1. AGREEMENT TERM (SERVICES)

The term of the Agreement (the “Agreement Term”) begins when you sign up for our Constellation service or first use the service and continues as long as you use the service.

 

  1. ACKNOWLEDGEMENT AND DISCLAIMER (SERVICES)
    • Constellations is a complementary practice, not a substitute for professional or medical treatment. Our services are not intended to diagnose, treat, cure, or prevent any disease or illness. Any information or guidance provided on our website is not a substitute for the consultation, diagnosis, and/or medical treatment of your doctor or healthcare provider. If you have, or suspect that you have, a medical problem, please contact your health care provider to seek professional medical attention without delay. The services offered on our website are not intended to diagnose, treat, cure, or prevent any disease or illness. Always consult your physician or therapist when needing medical attention.
    • Our Constellations are intended for individuals with sound mental health. If you have any mental health issues, please consult your physician and/or therapist before using our recordings. Our recordings are not recommended for people suffering from serious mental disorders or illness.

 

  1. LICENSE (SERVICES)
    • Subject to these Terms, during the Agreement Term, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, worldwide, and revocable rights to access and use the services solely for your personal and in case of a company subscription, internal business purposes.
    • You agree your subscription to access and use the Services is not contingent on delivery of any future functionality or features or the delivery of any other services.

 

  1. ACCESS (SERVICES)
    • In order to use our service, you must 1) be at least eighteen (18) years old and able to enter into contracts; 2) complete the registration process, including the fulfillment of your payment obligations; 3) agree to these Terms; and 4) provide true, complete, and up-to-date legal and contact information.
    • If you sign up for our service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

 

  1. FEES AND PAYMENTS (SERVICES)
    • All charges for the paid services (“Fees”) are either posted on the website or otherwise set forth in writing between us. You agree to pay for paid services according to these Terms.
    • Any Fees due in relation to our services must be paid by their due date for payment, as notified to you through our services or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to our services.
    • Our Fees may be amended from time to time at our discretion. We will provide you reasonably advance written notice of any amendment of recurring Fees. Your continued use of our services will constitute acceptance of the amended Fees.
    • You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
    • All payments shall be made by using the payment methods specified by us from time to time.You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption, or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
    • We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off, or counterclaim whatsoever.

 

  1. PROHIBITED ACTIVITIES (SERVICES)
    • You may not access or use the service for any purpose other than that for which we make the service available. The service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
    • You may use our service only for lawful purposes. You may not use our service:
      • in any way that breaches any applicable local or international laws or regulations;
      • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
      • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer content or hardware.
    • You also agree:
      • not to reproduce, duplicate, copy or re-sell any part of our Service in contravention of the provisions of our Terms; and
      • not to access without authority, interfere with, damage, or disrupt:
      • any part of our Service;
        • any equipment or network on which our Service is stored;
        • any Content used in the provision of our Service; or
        • any equipment, network, or network or content owned or used by any third party.

 

  1. SERVICE CONTENT (SERVICES)
    • We grant you a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to use the service’s content (“Service Content”) (in whole or in part) and any service (the “License”), for such time until either you or we terminate the services.
    • You must in no event use, nor allow others to use, the Service Content or this license for commercial purposes without obtaining a license to do so from us.
    • As applicable, certain parts of the services may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms.
    • You shall not, directly or indirectly:
      • sell, rent out, lease, license, distribute, market, exploit the Service Content and Services or any of its parts commercially,
      • reverse engineer, decompile, disassemble, adapt, reproduce, or create derivative works of the Service Content and Services in whole or in part;
      • create, use, and/or distribute “auto”, “script” or “macro” computer programs or other “hack” programs or Content applications for this Service;
      • remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within the Service Content and Services, and
      • export or re-export the Service Content and Services or any copy of adaptation in violation of any applicable laws or regulations.
    • While using the Service Content and services, you agree to comply with all applicable laws, rules and regulations. In all cases, you may only use the services according to anticipated use of the Service Content and services.

 

  1. SERVICE CONTENT OWNERSHIP (SERVICES)
    • All title, ownership rights, and intellectual property rights in and to the Service Content and Services (including, without limitation, all text, graphics, music, or sounds, all messages or items of information, fictional characters, names, themes, objects, effects, dialogues, slogans, places, characters, diagrams, concepts, audio-visual effects, domain names and any other elements which are part of the Service Content and Services, individually or in combination) and any and all copies thereof are owned by us and our licensor’s.
    • The Service Content and services is protected by national and international laws, copyright treaties and conventions, and other laws.
    • The Service Content and Services may contain certain licensed materials, and, in that event, our licensor’s may protect their rights in the event of any violation of this Agreement.
    • Any representation of these licensed materials in any way and for any reason is prohibited without our prior permission and, if applicable, our licensor’s’ and their representatives’.
    • Except as expressly set forth in this agreement, all rights not granted hereunder to you are expressly reserved by us.

 

  1. TERM AND TERMINATION (GENERAL)

These Terms shall remain in full force and effect while you use the services. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Service (including blocking certain IP addresses) to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the service and any content or information that you posted at any time, without warning, in our sole discretion.

 

  1. DISCLAIMER (GENERAL)
    • You agree that your use of the service and our Service Content will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the service and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
    • We cannot guarantee that any file or Service Content available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used.
    • We make no warranty or representation that the Service Content and services will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our service.
    • No part of the Service Content and services are intended to constitute advice of any kind, and the Services Content should not be relied upon when making any decisions or taking any action of any kind.
    • We shall not be held responsible for any direct or indirect special, consequential, or other damage of any kind whatsoever suffered or incurred, related to the use, viewing, or reading of, or the inability to access or read, view, or use of our Service Content and services.
    • The author of the Service Content and Services is not responsible or liable, under any circumstances, for what and how the Service Content and Services are used for.

 

  1. WARRANTIES (GENERAL)
    • While we make all efforts to maintain the accuracy of the information on our services, we provide our services, our Service Content, and all related content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
    • To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our services and our Service Content, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, the related content, or electronic communications sent by us are free of viruses or other harmful components.
    • Nothing contained in this Agreement shall be construed as a warranty that:
      • the Services will yield any Result or otherwise be successful,
      • any Service will yield a specific result or otherwise be successful or
      • the outcome of the services will be utilizable in any respect.

 

  1. LIMITATION OF LIABILITY (GENERAL)
    • We are not liable for the completeness, accuracy, or correctness of any information uploaded on our services and any related content. You expressly agree that your use of the services is at your sole risk.
    • You agree not to use the services and the Service Content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services or any other website or software) for:
      • loss of profits, sales, business, or revenue;
      • business interruption;
      • loss of anticipated savings;
      • loss or corruption of data or information;
      • loss of business opportunity, goodwill or reputation; or
      • any other indirect or consequential loss or damage.
    • Nothing in these Terms shall limit or exclude our liability for:
      • death or personal injury resulting from our negligence;
      • fraud; and/or
      • any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
    • These Terms set out the full extent of our obligations and liabilities in respect of the supply of the services. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the services which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

 

  1. INDEMNITY (GENERAL)

You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents, representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.

 

  1. OTHER IMPORTANT TERMS (GENERAL)
    • We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.
    • You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    • No joint venture, partnership, agency, or employment relationship has arisen by reason of these Terms.
    • These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms, or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
    • If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    • Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
    • The Parties shall attempt to resolve any dispute arising out of or relating to this Agreement through negotiations. If negotiations do not resolve the matter within 30 days of receipt of a written invitation to negotiate, the parties will attempt to resolve the dispute in good faith through an agreed Online Alternative Dispute Resolution (“ADR”) procedure. If the ADR procedure does not resolve the matter within 30 days of the initiation of that procedure, or if either Party will not participate in the ADR procedure, the dispute may be referred to arbitration by either Party.
    • These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the Law of Romania.

Nafsika Samalidou | All Right Reserved 2024

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