Terms of Service
Terms of Service
Last Updated: January 25, 2018
These terms of service ("Terms") apply to your access and use of iHappy mobile app, and iHappy website (the "Service"). Please read them carefully. The service is operated by DigiGong Interactive Inc. Throughout the app and the site, the terms "DigiGong", "we", "us" and "our" refer to DigiGong Interactive Inc. DigiGong offers this app, and website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Meditation Sessions require dedicated attention, do not use the app while performing other activities.
In order to use the Service, you need to be 18 or older, or be 13 or older and have your parent or legal guardian's consent to the Agreements.
Accepting these Terms
If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don't agree to all of the terms below, please do not use the Service.
Changes to these Terms
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.
You may not post, link and otherwise make available on or through the Service any of the following: * Content that is libelous, defamatory, bigoted, fraudulent or deceptive; * Content that is illegal or unlawful, that would otherwise create liability; * Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party; * Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM); * Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); Any type of malicious code or files that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; Also, you agree that you will not do any of the following in connection with the Service or other users: * Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service; * Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity; * Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service; * Create an account or post any content if you are not over 13 years of age years of age; and * Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.
DigiGong Materials and Copyright
We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by DigiGong and it is protected by international copyright laws. We grant you the right to use it. However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. If you do any of this stuff, we may terminate your use of the Service.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). Details and descriptions of the premium features related to the Subscriptions are listed in the Service. You will be billed in advance on a recurring period. At the expiration of your subscription, the Service will automatically charge you for an additional service term equal to the length of time of your original subscription. If you purchased the subscription via an app store (software distribution platforms), you can cancel the automatic renewal of your subscription from an app store. If you purchased the subscription from our website, you can cancel the renewal of your subscription by contacting us via the site contact form. No refund is given for the fees you already paid and you can continue to use the features related to the subscription until the end of your current subscription period. While we have the right to change the prices at any time, the prices associated with your subscription will become effective subject to the renewal provisions.
All sales are final, payments made are non-refundable and non-transferable. If you purchased from an app store, you are further subject to the app store's payment policy and terms.
Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Disclaimer of Warranties
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
Limitation of Liability
IN NO EVENT WILL DIGIGONG INTERACTIVE INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO DIGIGONG. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
DIGIGONG INTERACTIVE INC. WILL NOT BE LIABLE FOR MORE THAN WHAT YOU HAVE PAID TO DIGIGONG FOR USE OF THE SERVICES, OR AGGREGATED SEVENTY US DOLLARS ($70) IF YOU HAVE NOT MADE ANY PAYMENT TO DIGIGONG.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
Governing Law and Jurisdiction
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Toronto, Ontario, Canada. You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of the Ontario and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Ontario located in Toronto, Ontario in connection with any such dispute including any claim involving Service.
Class Action Waiver
You agree that you and Service will not commence against the other a class action, class arbitration or other representative action or proceeding.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
These Terms constitute the entire agreement between you and DigiGong regarding the use of the Service, superseding any prior agreements between you and DigiGong relating to your use of the Service.
Questions & Contact Information