Terms and Conditions

This agreement applies as between you, the User of this Mago on Demand Website and Tao Fellowship, an Arizona non-profit corporation doing business as Sedona Mago Center for Well-being and Retreat (hereinafter referred to as "Sedona Mago"), the owner of this Website.  Your agreement to comply with and be bound by Clauses 1, 2, 4–11 and 15–25 of these Terms and Conditions is deemed to occur upon your first use of Mago on Demand. Clauses 3 and 12–14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using Mago on Demand immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on Mago on Demand;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that Sedona Mago makes available through Mago on Demand either now or in the future;
"Services": means the services available to you through this Website, specifically use of the Sedona Mago proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our principal place of business located at 3500 East Bill Gray Road, Sedona, AZ 86336, U.S.A.;
"System": means any online communications infrastructure that Sedona Mago makes available through Mago on Demand either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses Mago on Demand and is not employed by Sedona Mago and not acting in the course of their employment;
"Website": means the website Mago on Demand that you are currently using (SedonaMago.myLearnworlds.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means Tao Fellowship, an Arizona non-profit corporation doing business as Sedona Mago Center for Well-being and Retreat

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

4. Intellectual Property

     4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on Mago on Demand, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Sedona Mago, Our affiliates or other relevant third parties. By continuing to use Mago on Demand you acknowledge that such material is protected by applicable U.S. and International intellectual property and other laws.

     4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from Mago on Demand unless otherwise indicated on Mago on Demand or unless given Our express written permission to do so.

5. Third Party Intellectual Property

     5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

     5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on Mago on Demand or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

Material from Mago on Demand may be re-used without written permission where any of the exceptions detailed in Section 107 of the U.S. Copyright Act, and provided under related U.S. Copyright law, apply.

7. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Sedona Mago or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site SedonaMago.MyLearnworlds.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission.  To find out more please contact Us by email at education@SedonaMagoRetreat.org or call us in the following number: +1 928-204-3391 ext. 2005.

9. Use of Communications Facilities

     9.1 When using any System on Mago on Demand you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
          9.1.1 You must not use obscene or vulgar language;
          9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
          9.1.3 You must not submit Content that is intended to promote or incite violence;
          9.1.4 Unless we indicate otherwise, submissions should be made using the English language as We may be unable to respond to enquiries submitted in any other languages;
          9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
          9.1.6 You must not impersonate other people, particularly employees and representatives of Sedona Mago or Our affiliates; and
          9.1.7 You must not use Our System for unauthorized mass-communication such as "spam" or "junk mail".
     9.2 You acknowledge that Sedona Mago reserves the right to monitor any and all communications made to Us or using Our System.       9.3 You acknowledge that Sedona Mago may retain copies of any and all communications made to Us or using Our System.
     9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

10. Accounts

     10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of Mago on Demand as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
          10.1.1 all information you submit is accurate and truthful;
          10.1.2 you have permission to submit Payment Information where permission may be required; and
          10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.

     10.2 We recommend that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, We recommend that you do not save your Account details in your internet browser.

     10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending.  Please be aware that orders or payments can only be cancelled up until provision of Services has commenced.  In the event that an unauthorized provision commences prior to your notifying Us of the unauthorized nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.

     10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9.  Any failure to do so could result in the suspension and/or deletion of your Account.

11. Termination and Cancellation of Accounts

     11.1 Either Sedona Mago or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.

     11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

12. Services, Pricing and Availability

     12.1 While every effort has been made to ensure that all general descriptions of Services available from Sedona Mago correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.

     12.2  Where appropriate, you may be required to select a subscription Plan of Services .

    12.3  We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on Mago on Demand.

    12.4  All pricing information on Mago on Demand is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

    12.5  In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

    12.6  All prices on Mago on Demand do not include any applicable taxes.

13. Orders and Provision of Services

     13.1  No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Sedona Mago and you.

     
13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
          
13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;

          13.2.2 Fully itemized pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;

          13.2.3 Relevant times and dates for the provision of the Services;

          13.2.4 User credentials and relevant information for accessing those services.

     13.3  If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.


     13.4  Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“Billing Cycle”) for charges accrued during the previous month or Billing Cycle AND/OR as indicated in the order confirmation you received.


     13.5  We aim to fulfill your Order within 2-3 business days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales, but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.


     13.6  Sedona Mago shall use Our reasonable best efforts to provide the Services with reasonable skill and care, commensurate with best trade practice.


     13.7  In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) business days.

Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.


     13.8  Sedona Mago provides technical support via our online support chat and/or phone. Sedona Mago will do its best to respond to support requests within 4 hours during the business hours of 9am to 6pm U.S. Mountain Standard Time, but we do not guarantee a particular response time.

14. Cancellation of Orders and Services

We want you to be completely satisfied with the Products or Services you order from Sedona Mago. If you need to speak to us about your Order, then please contact customer care at +1 928-204-3391 ext. 2005, or by email at education@SedonaMagoRetreat.org or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
For detailed cancellation instructions and policy, please visit our Cancellation Policy page.  which is incorporated into these Terms and Conditions by this reference.

     14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between Sedona Mago and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: education@SedonaMagoRetreat.org. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.

     14.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:            
          14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.                        
          14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 business days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.

     14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.

15. Privacy

Use of Mago on Demand is also governed by Our Privacy Policy (https://sedonamago.mylearnworlds.com/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.

16. How We Use Your Personal Information (Data Protection)

     16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Federal Trade Commission Act and your rights under that Act, and related U.S. federal laws.

     16.2 We may use your personal information to: 
          16.2.1 Provide Our Services to you;
          16.2.2 Process your payment for the Services; and
          16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.

     16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the FTC Act and other consumer protection laws and should use and hold your personal information accordingly.

     16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

17. Disclaimers

     17.1 We make no warranty or representation that Mago on Demand 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 or Services.


     17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.


    17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.


     17.4 While We will use our reasonable best efforts to ensure that Mago On Demand is secure and free of errors, viruses and other malware, it is advisable that you take responsibility for your own internet security, that of your personal details and your computers.

18. Changes to the Facilities and these Terms and Conditions

We reserve the right to change Mago On Demand, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use Mago On Demand following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

19. Availability of Mago On Demand

     19.1 Mago On Demand is provided “as is” and on an “as available” basis. Sedona Mago uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that Mago on Demand or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.


     19.2 We accept no liability for any disruption or non-availability of Mago on Demand resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

20. Limitation of Liability

     20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of Mago on Demand or any information contained therein. You should be aware that you use Mago on Demand and its Content at your own risk.


    20.2 Nothing in these Terms and Conditions excludes or restricts Sedona Mago’s liability for death or personal injury resulting from any gross negligence or willful misconduct on the part of Sedona Mago.


    20.3 Except to the extent permitted by law, these Terms and Conditions do not exclude or restrict Sedona Mago’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on Mago on Demand.


     20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

21. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

22. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

23. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Sedona Mago.

24. Communications 

     24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to education@SedonaMagoRetreat.org. Such notice will be deemed received 3 business days after mailing if sent by first class mail, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.


     24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any marketing email which you receive from Us.

25. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Sedona Mago shall be governed by and construed in accordance with the laws of the State of Arizona and the United States of America, and to the extent permitted by law, the following provisions shall apply:

     25.1 We Both Agree to Arbitrate: Any claim or dispute arising out of, or relating in any way to, these Terms, the use of any Services on this Website, other services provided by Provider, or the relationship between you and Provider except for small claims court cases that qualify ("Dispute") shall be resolved by final and binding arbitration, rather than in court. Disputes subject to arbitration include, but are not limited to: (i) claims based in contract, tort, statute, and/or any other legal theory (including, but not limited to, personal injury, misrepresentation, fraud, negligence, undue influence, infliction of emotional distress, unfair business practice, consumer protection law violation, and RICO violation); (ii) claims that arose before these Terms or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) claims that may arise after the termination or expiration of these Terms. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any claims or disagreements relating to the interpretation, applicability, enforceability, or formation of these Terms including, but not limited to, the arbitrability of any Dispute and any claim that all or any part of these Terms is invalid, void, or voidable. There is no judge or jury in arbitration. However, an arbitrator can award the same damages and relief as a court.
 
     25.2 No Class Actions: Any arbitration, lawsuit, or other proceedings to resolve a Dispute will be conducted on an individual basis and not in a class, consolidated, collective, or private attorney general action.
 
     25.3 No Jury Trial: If for any reason a Dispute proceeds in court rather than in arbitration, each party waives any right to a jury trial.
 
     25.4 Arbitration Rules: The arbitration process may be initiated by either party upon written notice sent to the other. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes ("AAA Rules"), which are available at www.adr.org or 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator and will take place in the county where you reside or at another mutually agreed location. You understand that for claims of $10,000 or less, you can choose whether the arbitration is carried out based only on written submissions, by a hearing in-person or by phone. The arbitrator shall be bound by the terms of these Terms.
 
     25.5 Confidentiality: Except as may be permitted or required by law, neither you, the arbitrator, nor Provider may disclose the existence, content, or results of the arbitration without the prior written consent of all parties to the arbitration. Nothing from the arbitration may be introduced in any form in future arbitrations, court actions or any other proceedings except to enforce the arbitration award.
 
     25.6 Exceptions to Agreement to Arbitrate: Either you or Provider have the right to seek relief in the appropriate court to prevent any actual or threatened breach of the Confidentiality provision in this section or the Intellectual Property Protections provision in the Limitations on Use section of these Terms.
 
     25.7 Fees and Costs: Each party shall bear his, her, or its own attorneys’ fees and costs. The AAA Rules will govern payment of all filing, administration, and arbitrator fees. You understand Provider has agreed to reimburse the filing, administration, and arbitrator fees incurred by you for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
 
     25.8 Stay of Certain Disputes: If the arbitrator or a court determines that any part of the dispute is not subject to arbitration, the part of the dispute not subject to arbitration shall be stayed pending resolution of the arbitration.