Terms and Conditions
Feel SOMA ™ provides self-care, tissue management systems, human performance education and programming through face-to-face sessions and online information. These Terms of Service (“Terms”) govern the use of our products and services, including our website, including feelsoma.com, the Feel SOMA™ memberships and other Feel SOMA™ services (collectively, “Feel SOMA™”).
You must accept these Terms to create a Feel SOMA™ account and to use the Feel SOMA™
Feel SOMA™ grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the Feel SOMA™ Content, (2) access and use the software and mobile applications provided by the Feel SOMA™Service, and (3) use the software that is embedded into Feel SOMA™products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the Feel SOMA™ Service as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Feel SOMA™ Content, Feel SOMA™ Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Feel SOMA™ or its licensors, except for the licenses and rights expressly granted in these Terms.
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Feel SOMA™ Service: (1) use, display, mirror or frame the Feel SOMA™ Service or any individual element within the Feel SOMA™ Service, Feel SOMA™ name, any Feel SOMA™ trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Feel SOMA™ express written consent; (2) access or tamper with non-public areas of the Feel SOMA™ Service, Feel SOMA™ computer systems, or the technical delivery systems of Feel SOMA™ providers; (3) test the vulnerability of any Feel SOMA™ system or breach any security or authentication measures; (4) circumvent any technological measure implemented by Feel SOMA™ or any of Feel SOMA™ providers or any other third party (including another user) to protect the Feel SOMA™ Service or Feel SOMA™ Content; (5) access the Feel SOMA™ Service or Feel SOMA™ Content through the use of any mechanism other than through the use of an Authorized Connection, Feel SOMA™ Service; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that Feel SOMA™ provides to you or any other part of the Feel SOMA™ Service.
As part of your use of the Feel SOMA™ Service, you may receive notifications or emails, you agree to the receipt of these communications, you can control receipt of non-service related communications from your account settings, you are responsible for any messaging or data fees your wireless carrier may charge you.
Feel SOMA™ may change or discontinue, temporarily or permanently, any feature or component of the Feel SOMA™ Service at any time without notice. Feel SOMA™ is not liable to you or any third party for any modification, suspension or discontinuance of any feature or component or content of the Feel SOMA™ Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Feel SOMA™ products without prior notice to you.
If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account.
You may cancel your account at any time by contacting upon any termination, discontinuation or cancellation of the Feel SOMA™ Service or your account, the following provisions of these Terms will survive: Posting Your Content On The Feel SOMA™ Service; Feel SOMA™ Rights; Feel SOMA™ Enforcement Rights; Consultation of Health Expert; The Feel SOMA™ Service; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
The Feel SOMA™ Service is not intended to diagnose, treat, cure, or prevent any disease. Consult your doctor before using any of the Feel SOMA™ Service. If you experience a medical emergency, stop using the Feel SOMA™ Service and consult with a medical professional. We are not responsible for any health problems that may result from training programs, consultations, products, or events you learn about through the Feel SOMA™ Service. If you engage in any exercise program, you receive or learn about through the Feel SOMA™ Service you agree that you do so at your own risk and voluntarily participate in them. Use of the Feel SOMA™ Service should not replace your good judgment and common sense.
Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by Feel SOMA™ and its partners. It is your responsibility to review those terms and conditions carefully.
Full use of the Feel SOMA™ Service requires that you create an account by providing us with a valid email address and strong password. You are responsible for all activity that occurs in association with your account. Feel SOMA™ is not liable for any loss or damages caused by your failure to maintain your account credentials’ confidentiality.
We may need to contact you about your use of the Feel SOMA™ Service. These communications are part of the Feel SOMA™ Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.
The Feel SOMA™ Service and Feel SOMA™ Content is provided “AS IS” without any kind of warranty. Without limiting the previous, we explicitly disclaim any warranties of merchantability, fitness/wellness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.
We make no warranty that the Feel SOMA™ Service or Feel SOMA™ Content meets your requirements or is available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Feel SOMA™ Service or any Feel SOMA™ Content. You acknowledge and agree that if you rely on any Feel SOMA™ Content or the Feel SOMAä Service, you do so solely at your own risk.
Suppose a dispute arises out of or relates to these Terms and Conditions or the breach, termination, validity or subject matter. In that case, the parties expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (“ACDC”).
The mediation shall be conducted per the ACDC Guidelines for Commercial Mediation operating when the dispute is referred to ACDC. The terms of the Guidelines are as a result of this deemed incorporated into these Terms and Conditions.
If the dispute has not settled within twenty-eight (28) days after the appointment of the mediator, or such other period as agreed to in writing between the parties, the dispute shall be submitted to expert determination in Brisbane administered by ACDC conducted per the ACDC Rules for Expert Determination operating at the time the dispute is referred to ACDC. The terms of the Rules are as a result of this deemed incorporated into these Terms and Conditions.
The expert shall not be the same person as the mediator.
If the dispute has not settled after the expert’s appointment, either party may commence legal proceedings.
This clause shall survive the termination of these Terms and Conditions.
Full use of the Feel SOMA™ Service depends on your use of a mobile device with adequate software and Internet access. The maintenance and security of this equipment may influence the Feel SOMA™ Service performance and it is your responsibility to ensure the equipment’s functionality.
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Feel SOMA™, or obtained from sources other than you.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Feel SOMA™ and you regarding the Feel SOMA™ Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Feel SOMA™ and you regarding the Feel SOMA™ Service and Feel SOMA™ Content. Suppose for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable. In that case, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Feel SOMA™ prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. Feel SOMA™ may freely assign or transfer these Terms without restriction. Subject to the previous, these Terms will bind and accustom to the parties’ benefit, their successors and permitted assigns.
Any notices or other communications provided by Feel SOMA™ under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Feel SOMA™ Service. For notices made by email, the date of receipt on the message will be deemed the date on which such information is transmitted.
Feel SOMA™ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Feel SOMA™. Except as expressly outlined in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
You will indemnify and hold harmless Feel SOMA™ and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal fees arising out of or in any way connected with (i) your access to or use of the Feel SOMA™ Service, (ii) Your Content, or (iii) Your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by you. In this event, you will cooperate with us in asserting any available defences
In no event will Feel SOMA™ total liability arising out of or in connection with these terms or from the use of or inability to use the Feel SOMA™ service exceed the amounts you have paid to Feel SOMA™ for the use of the Feel SOMA™ service or one hundred dollars ($100AUD), if you have not had any payment obligations to Feel SOMA™ as applicable.
The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Feel SOMA™ and you.
Neither Feel SOMA™, its suppliers or licensors, nor any other party involved in creating, producing, or delivering the Feel SOMA™ service will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the Feel SOMA™ service, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Feel SOMA™ has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
All payments for Feel SOMA™ Services are in Australian Dollars.
Payments can be completed through PayPal, Credit Card or Direct Debit.
Payments are to be completed in full, no later than 14 days prior to the event.
In the case of a face to face event being cancelled due to CoVid or attendance isn’t possible due to a private issue, the potential of rescheduling a new date or attendance at another event, will be offered.
If this isn’t feasible, 80% of the original payment will be refunded to the individual or organisation.
“Feel SOMA™ Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Feel SOMA™ Service to you. Except for Your Content, Feel SOMA™ Content, the Feel SOMA™ Service and its underlying technology are protected by copyright, trademark, intellectual property, and other laws of Australia, New Zealand and the United States. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Feel SOMA™ Service.
We are not obligated to monitor access or use of the Feel SOMA™ Service, Feel SOMA™ Content, or Your Content or to review or edit any Feel SOMA™ Content or Your Content, but we have the right to do so for the purpose of operating the Feel SOMA™ Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities. According to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Feel SOMA™ Service, any Feel SOMA™ Content, or Your Content at any time and without notice, and at our sole discretion if we determine that the Feel SOMA™ Content, Your Content, or your use of the Feel SOMA™ Service is objectionable or in violation of these Terms. We have the right to investigate these Terms’ violations and any conduct that affects the Feel SOMA™ Service.
Additional terms may apply to particular products or services. If there is a conflict between these Terms and any other terms, the additional terms will control.
These Terms may change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on feelsoma.com.
If we make a modification that materially changes your rights, we will notify you by email or by pop up through the Feel SOMA™ Service, to accept.
When you use the Feel SOMA™ Service after a modification is posted, you are telling us that you accept the modified terms.
The Feel SOMA™ Service contains links to third-party websites, services and resources (collectively “Third-Party Services”) that are not under Feel SOMA™ control. We provide these links only as a convenience and are not responsible for the content, products, or services available from Third-Party Services.
You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.
Our goal is to provide helpful and accurate information on the Feel SOMA™ Service, but we make no endorsement, representation or warranty of any kind about any Feel SOMA™ Content, information, services or recommendations.
We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Feel SOMA™ Service if you rely on any Feel SOMA™ Content and or the Feel SOMA™ Service, you do so solely at your own risk.
You may use the Feel SOMA™ Service if you are over 15 years of age and are not barred from receiving services under applicable law.