Terms and conditions
TERMS AND CONDITIONS
By clicking the Privacy Policy box for Tina Margareta Nilssen, Timani, the Musicians' Health and Movement Institute, the Timani Certification Course, Online courses, Live courses, online and live lessons and/or Timani Community Membership, you are consenting to our terms and conditions. Additionally the Simplero (the host providers) privacy policy of the storage of data can be read through the following link: https://simplero.com/privacy-policy
OVERVIEW
Ultimately by purchasing or using a product from Tina Margareta Nilssen, Timani, the Musicians' Health and Movement Institute, joining the Newlsetter, signing up to join Timani Community Membership, the Timani Certification Course or other offers and services through those you can see this Privacy Policy, you are agreeing to take care of your own health and physical well-being throughout your membership, study, lesson, online course or received service in trying any movements, exercises, playing or singing related instructions and other tips and instructions that we talk about in the videos, on facebook and through email. By signing ticking the Privacy Policy box you are agreeing to never hold us responsible for any injuries that may occur. You know your body better than anyone and we trust you to honor that when trying anything new. Always seek professional guidance from a healthcare professional if you are in doubt about performing any physical or mental exercises.
The terms "my", “we,” “us,” and “our” refer to Timani, Timani Community, Musicians' Health and Movement Institute and Tina Margareta Nilssen. The term “Site”, "Class" and "Course" refers to any course privided by Timani, Timani Community, Musicians' Health and Movement Institute, Timani teachers and Tina Margareta Nilssen. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
ONLINE COURSES, LESSONS, PROGRAMS, WRITTEN MATERIAL (the “Service” or "Services").
Use of courses, lessons, programs and/or written material including all materials presented herein and all online services provided by us, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Disclaimer: Use of the program or services covered by this agreement and any content provided therein is at your own risk. We, including employees, representatives, and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Program or Services or any content provided as part of the Program or Services. The Services provided through the Program are for educational and informational purposes only, and you bear sole responsibility for the use and implementation of these services in your personal or professional life. You are free to reject any advice, suggestions or requests made during the Program at any time. There are no guarantees as to the progress or outcomes that may result from the Services and you are responsible for the results you achieve. If you need medical assistance, you should hire a trained medical professional. If you need manual therapy advice or assistance you should hire a qualified therapist. If you have a condition that you're not sure is appropriate for the ongoing exercises within the services we provide, get permission from your physician before proceeding.
USE OF THE SITE AND SERVICE
To access or use the Services, you must be 16 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 16 need the consent of their parents or guardians. Information provided in the Services related to physical exercises and other information are subject to change. Timani, makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Timani, disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
ACCOUNT CREATION
In order to use the Service(s), you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Timani, will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own unless buying as a gift. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service(s), violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Site(s) and Service(s) for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site(s). You agree to use the Site(s) and to purchase services or products through the Site(s) for legitimate, non-commercial purposes only. You shall not post or transmit through the Site(s) any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site(s) or Service(s), subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS & RETURNS
Because this is an online Service(s) all purchases are final, after the initial 30 day trial period where you can get a refund by cancelling the account yourself before the end of the 30 days. You may cancel your membership account at anytime and after the 30 day trial period the access will end and the monthly payment will stop and no refund will be given.
PRODUCT DESCRIPTION
We endeavour to describe and display the Service(s) as accurately as possible. While we try to be as clear as possible in explaining the Service(s), please do not accept that the Site(s) is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site(s) any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Timani. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site(s) or Service(s). Content you submit to Timani remains yours to the extent that you have any legal claims therein. You agree to hold Timani harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site(s), you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes unless other terms are agreed upon.
OUR INTELLECTUAL PROPERTY
The Site(s) and Service(s) contain intellectual property owned by Timani, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site(s) or Service(s) Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service(s), without refund, if you are caught violating this intellectual property policy.
CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or service. Additionally, we are not liable for damages in connection with (I) Any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (II) Loss of revenue, anticipated profits, business, savings, goodwill or data; and (III) Third party theft of, destruction of, unauthorised access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Timani has been advised of the possibility of or could have foreseen the damages. Countries that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall our cumulative liability to you exceed the total purchase price of the service you have purchased from us, and if no purchase has been made by you our cumulative liability to you shall not exceed 100 Euro.
Third Party Resources
The Site(s) and the Service(s) contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Affiliate Links
The TimaniCommunity Site contains affiliate links. This means that we will receive a commission if you make a purchase through an affiliate link in this course. we are a participant in the Amazon Services Associates Program.
Affiliate links for you
The Affiliate links for you to recommend the course will be all auto generated, the first payment will be after 30 days to ensure that there was no refund to be issued. We retain the right to withdraw your affiliate status at anytime if we feel your conduct are out of alignment with our philosophy of respect for fellow artists and humans.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and us pertaining to the Site(s) and Service(s) and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by us shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: Tina Margareta Nilssen, Inkognito terrasse · 0256 Oslo · Norway email: post@timani.no
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of Norway. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in Norway. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of Norway’s legal resources or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: January 2024