- GENERAL INFORMATION
You are legally capable of entering into binding contracts; and
You are at least 18 years old; and
That all information you provide us with is materially true and accurate at all times and not misleading in any way.
You accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
We may vary these Terms as we see fit from time to time and if we do, we shall notify you by email of the change of terms if it affects your ability to access a therapy session otherwise notification will be posted to bohangar.com. Continued use is an agreement of these terms.
The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under the Contract.
If we fail to insist upon the strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.
If any of these Terms are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
The rights of the parties to terminate, rescind or agree to any variation, waiver, or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract
Liability General
Nothing in this paragraph shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into the Contract and/or us providing the Programme.
Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the Service of Therapy.
If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
We shall not be liable for additional costs incurred by you as a result of changes in
(i) the Therapy Service,
(ii) any other content, or
(iii) the time and date of sessions
The provisions of this paragraph shall survive termination of the Contract.
You acknowledge and agree that:
The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Programme (which shall be deemed to have been terminated by mutual consent);
Please note the reference Product or service is interchangeable within this document and refers to a product or service.
1.1 BOHANGAR Service of Therapy
These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on www.Bohangar.com (the “Website”), through our applications (the “Apps”) or via other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of Bohangar). Please read these terms and conditions, carefully before ordering any Products from the Website. The terms “Bohangar,” “us” or “we” refers to Bohangar, Inc. The term “you” refers to the user of the Products. When you order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept” at the appropriate place prior to your purchase of access to the Products.
If you do not click “I accept”, you may not be able to complete such purchase or gain such access. By using the Service, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.
All correspondence to Bohangar including any queries you may have regarding your use of the Products or these Terms should be sent to Our contact email address info@Bohangar.com.contact.
1.2 ARBITRATION NOTICE AND CLASS ACTION WAIVER
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND BOHANGAR AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION OR CLASS-WIDE ARBITRATION.
1.3 BASIS OF LICENSE
(a) These Terms and the Order set out the whole agreement between you and us for the supply of the service of therapy. In order to participate in certain services, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.
(b) Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to purchase the Products or services. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by an officer of Bohangar.
(c) AS PART OF YOUR USE OF THE SERVICE or PRODUCTS, YOU AGREE TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED KINGDOM, INCLUDING THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION IN THE UNITED KINGDOM FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING INDIVIDUAL USE OF THE PRODUCTS. BY USING THE PRODUCTS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT THE UNITED KINGDOM MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXISTS IN YOUR COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES. WE WILL TAKE MEASURES AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE TRANSFER, STORAGE, AND USE OF CERTAIN PERSONAL INFORMATION. The Site is BOUND BY THE UK DATA Protection ACT and HDPR legalisation.
1.4 CHANGES TO TERMS
Bohangar reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.Bohangar.com. Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Under certain circumstances, we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-ups or push notifications within the Products or email.
2. Submitting forms as a Therapy Client
2.1
(a) You may agree to enter a contract arrangement for Therapy. This will require the agreement of a separate contract that will be emailed to you as part of the enrolment process. You are responsible for maintaining the confidentiality of any emails sent to you as part of the therapy process. You will be emailed a form link with a password, you will be responsible for securing this information.
(b)In the course of your use of the Products or services, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Bohangar Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
(c) By using the Bohangar password-protected pages on the site, the Products or services, you warrant that:
(i) You are legally capable of entering into binding contracts; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Products or services does not violate any applicable law or regulation. (iv) you agree to provide information as truthfully as possible and not to withhold information that may indication a contraindication to therapy.
2.2 ONCE A Client of the Therapy Practice
You are responsible for maintaining the confidentiality of your therapy information, password, and other User Information and for restricting access to your Device to further help to protect such information. You are responsible for updating your User Information. Copies of your personal data may be emailed to you if you have requested this, you will be responsible for securing access to your personal data if it has been emailed to you.
2.3 USE OF BOHANGAR BY MINORS
You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may view the audiovisual content displayed in the Products only with the involvement and consent of a parent or legal guardian, under such person’s account, and otherwise subject to these Terms.
If a person under the age of 18 is proposed to be a client for therapy the consent and discussion and therapy must be with a parent or guardian. Proof of identity and the relationship with the minor must be provided before any booking can be taken.
2.4 MEMBERSHIP
As a Bohangar Client, you will receive access to certain sections, features, and functions of the Products that are not available to non-members.
By agreeing to become a Client you may receive an occasional special offer, marketing, and survey communication emails with respect to the Product. You can easily unsubscribe from Bohangar commercial emails by following the opt-out instruction in these emails.
Bohangar membership accounts and subscriptions are not transferable and therefore you agree to not sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance. This expressly applies to any discounted, subsidized, or free accounts or subscriptions.
2.5 Fees
Fees are set out in the fees policy, as published on bohangar.com.
Sessions last for 1 hour which is timetabled. The time you booked is the time the session will start and end. A late start does not reflect a late finish due to the timetabling of other client bookings. i.e
Fees quoted will remain throughout the duration of your treatment even where fees change during this time.
Payment is accepted by Bank Transfer or Card Payment (ask for details)
Invoices and receipts can be issued on request.
2.6 Therapy Contract
A contract will be provided when entering a contract for Therapy, where there is conflict this contract takes precedence.
We reserve the right to change our product prices, these will be done via the fees page on the website. Clients who begin a session with the Bohangar will not be hit with that price rise if they have already booked at least one session. This will apply for a maximum of 6 sessions at the original price
Fees that require additional charges such as a booking charge for a therapy room will be added to the therapy charge at cost. i.e. There will be no profit margin added to this additional charge.
2.7 Consent to Treatment
Ahead of the initial consultation, we will request written consent (which may be captured electronically) for your agreement to proceed with Solution Focused Hypnotherapy.
Implied consent will be taken for each subsequent session on the basis of you choosing to book further sessions.
For treatment of minors (under 16), parental consent will be required and these sessions will require a chaperone if face-to-face or online other arrangements can be discussed.
The decision to accept a client for therapy rests with the therapist and Bohangar. No liability will be accepted for this decision. A written reason for not taking on a client will not be provided. Grounds of Prejudice, exclusion, or any other assumption or accusation will be firmly rejected. Decisions could be simply taken on levels of efficacy, the skillset of the therapist, the complexity of the case, contraindications, and even timetabling, or there are so many sessions in the week the type of presentation can be absorbed by the practice. Where possible the client will be signposted with options.
2.8 Punctuality
It is expected that you arrive on time for your session. If you anticipate running late for your session, please send a message. Whilst every effort will be made to accommodate lost time, this may not always be possible and therefore the session may have to finish at the originally scheduled finish time.
2.9 Course of Therapy
The duration of therapy will be specific to the client, the goals that client wishes to achieve, and the client’s commitment and motivation. A ‘cure’ can therefore not be guaranteed, and nor is this claimed.
An indication of the number of sessions that might be required may be provided at the initial consultation, however, this will be reviewed during your therapy and any changes to this will be discussed with you.
Therapy duration and the number of sessions estimates are based on the treatment provided to previous clients. However, as all clients and conditions are different these estimates serve as a guide only.
2.95. Online Therapy
Where there are technological malfunctions, reconnections will be attempted during the allotted appointment time. In the event of a complete technological failure, the appointment will be rescheduled to a mutually agreeable time to complete the remaining time left in the session.
Offline contact details can be used for the remaining treatment where it is reasonably possible and mutually agreed.
A backup contact method will be required.
3. CANCELLATION OF SERVICES
3.1 CANCELLATION AND REBOOKING BY YOU
Booked therapy sessions can be rebooked more than 24 hours before the booked appointment time free of charge. A new booking will be supplied.
Cancellation or no-show for whatever reason including illness within 24 hours will incur the full cost of one prepaid therapy session.
These charges are necessary as unfilled session time generates no income for the business while fixed costs continue.
3.2 CANCELLATION BY US
We may in unexpected circumstances have to change a booked appointment or terminate offering therapy services. Such events would be exceptional and unforeseen. In such circumstances, a refund of any booked appointments that have not been completed will be processed. In the event, the booked time has to be vacated a rebooked appointment will be provided.
3.3 PROMOTION AND DISCOUNT CODES
Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users. No promotion code or discount will apply to corporate or other Community subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to one booked session
4. PROHIBITED USE OF THE PRODUCTS
4.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files, or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.
6. AVAILABILITY OF PRODUCTS
6.1 Although we aim to offer you the best service possible, we make no promise that the service will meet your requirements and we cannot guarantee that the service will be fault free.
6.2 Your access to the Service may be occasionally restricted to allow for repairs, maintenance, or the introduction of new facilities or Products. We will restore the Service as soon as we reasonably can. In the event that the Service is unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing info@Bohangar.com.
Therapy is provided online via 3rd party sites such as ZOOM. We are not liable for any outages or other disruptions caused by these 3rd parties. That includes internet providers (ISP), telephone network providers, and the electricity company for providing power to the computers running the systems. We are also not liable for disruption in any case of an act of god that prevents a therapy session from taking place.
7. USER MATERIAL
7.1 The Service may let you submit material to us: for example, you may be able to post your answers to therapy questions on a form, and add comments or images in certain functions or features of the service. In these Terms, we use the term “User Material” to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds, and musical or literary works.
7.2 This Section 7 sets out the rights and obligations that each of us has in connection with User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.
7.3 We do not systematically review User Material not associated with a therapy task or form submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.
User materials submitted from a link sent by email will be fully reviewed as part of the therapeutic process. No liability will be accepted if that email link is not secured. That email is sent privately a confidential to you the named client. Distribution to 3rd parties is strictly forbidden and in breach of the terms of this agreement.
7.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your none therapy User Material, or to restrict, suspend, or terminate your access to all or any part of the Products, particularly where User Material breaches this section 7, and we may do this with or without giving you any prior notice.
7.5 We may link nontherapy practice User Material or parts of User Material to other material, including material submitted by other users or created by Bohangar or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise Bohangar. You acknowledge that we may indirectly commercially benefit from use of your User Material.
7.6 Each time you submit User Material to us, you represent and warrant to us as follows:
(a) You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract.(b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.(c) Your User Material does not advertise any product or service or solicit any business.(d) Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.(e) You will not collect email addresses of users for the purpose of sending unsolicited email.(f) You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.(g) You will not engage in any automated use of the system, such as using scripts to alter our content.(h) You will not, without authorization, access, tamper with, or use non-public areas of the Products, Bohangar’s computer systems, or the technical delivery systems of Bohangar’s providers.(i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or any other Bohangar system or network or breach any security or authentication measures.7.7 We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
7.8 Therapy User Material is considered confidential. You agree not to submit any content as User Material in which you have any expectation this information is not used in therapy and reviewed by the therapist.
For non-therapy user material i.e. a blog comment, we do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant Bohangar an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Products, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. Bohangar may include your User Material in Bohangar’s Distribution Content that is made available to others through the Products. Be aware that Bohangar has no control over User Material once it leaves the Products, and it is possible that others may duplicate material found on the Products, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify Bohangar and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.
7.9 Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Products, you grant, and you represent and warrant that you have the right to grant, to Bohangar an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that Bohangar has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify Bohangar and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
8. LINKS TO WEBSITES/HOME PAGE
8.1 We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for:(a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
8.2 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Products must not be framed on any other website, nor may you create a link to any part of the Products unless you have written permission to do so from Bohangar. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on or in the Products other than that set out above, please address your request to info@Bohangar.com.
9. PRODUCTS DISCLAIMER
The information contained in the Products is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
10. MEDICAL DISCLAIMER
10.1 Bohangar is a provider of online hypnosis, Cognitive Behavioural therapy, mindfulness, sleep and movement content in the health & wellness space. We are not a health care or medical care provider, nor should our Products be considered medical advice. Only your physician or other health care provider can do that. While there is third party evidence from research that hypnosis can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, Bohangar makes no claims, representations or guarantees that the Products provide a physical or therapeutic benefit.
The Bohangar website is the interface for engaging, collecting, and presenting information, 1 to 1 therapy takes place over other 3rd party platforms such as ZOOM. By agreeing to therapy is an agreement to the tools used to engage in therapy.
10.2 Any health information and links on the Products, whether provided by Bohangar or by contract from outside providers, is provided simply for your convenience.
10.3 To the extent that you participate in any movement content featured in a therapy session (“Bohangar”), you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. Any concerns can be raised at the initial consultation. You should consult a licensed physician prior to beginning or modifying any exercise program that you undertake, especially if you have a prior injury, a history of heart disease, high blood pressure, other chronic illness, or condition. You acknowledge that Bohangar has advised you of the necessity of doing so.
10.4 Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products.
10.5 There have been rare reports where people with certain psychiatric problems like anxiety and depression have experienced worsening conditions in conjunction with intensive hypnosis practice. People with existing mental health conditions should speak with their healthcare providers before starting a hypnosis practice.
Contraindications to therapy
The practice aims to treat people with sub-clinical presentation of challenges in the domain of stress and anxiety
Do not use hypnotherapy if you have psychosis or certain types of personality disorders, as it could make your condition worse. Check with a GP first if you’ve got a personality disorder. (https://www.nhs.uk/conditions/hypnotherapy/)
Other conditions where therapy would be considered no0t suitable without the agreement of a health care professional such as your GP / health consultant.
- Alcohol or drug psychosis
- Senility
- Schizophrenia
- Epilepsy and narcolepsy are conditions usually regarded as contraindicated
- Bi-polar conditions and clinical depressive illnesses or those
- Pathological personalities
- exhibiting suicidal tendencies.
- Serious heart conditions may also be contraindicated.
- Undiagnosed physical pain
13. GENERAL TERMS AND CONDITIONS
13.1 ASSIGNMENT BY US
Bohangar may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
13.2 INDEMNITY BY YOU
You agree to defend, indemnify and hold Bohangar and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from (i) your negligent, reckless, or willful misuse of the Products, (ii) your placement or transmission of any message, content, information, software, or other submissions through the Products, (iii) any third-party claims of bodily injury, death, or damage to real or tangible personal property caused by your negligent or more culpable acts or omissions related to your use of the Products; or (iv) your breach or violation of the law or of these Terms. Bohangar reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Bohangar defense of such claim.
13.3 WARRANTIES AND LIMITATIONS
(a) This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
(b) We warrant to you that any Product purchased from us will, on delivery, conform in all material respects with its description and be of reasonably satisfactory quality.
(c) We warrant that we will use reasonable skill and care in making the Products available to you during your subscription.
(d) Notwithstanding anything to the contrary, you assume full responsibility for your own use of the Products. In no event shall Bohangar be liable to you, your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Products or other activities you undertake in connection with your use of the Products, unless caused by Bohangar’s gross negligence, recklessness, or willful misconduct.
(e) The Products and their content are otherwise provided on an “as is” basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness, or currency of the Products or their content. We assume no liability or responsibility for any errors or omissions in the content of the Products or any failures, delays, or interruptions in the provision of the Products. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Products to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness, or existence of the content and information posted on the Products. We make no warranties or representations, express or implied, for the technical accessibility, fitness, or flawlessness of the Products. We make no warranties or representations that your use of content and information posted on the Products will not infringe on the rights of third parties.
(f) All conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity are, to the extent permitted by law, excluded.
13.4 NO WAIVER
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
13.5 FORCE MAJEURE
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Products, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
13.6 INTERPRETATION
In these Terms, unless the context requires otherwise: (i) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and (ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
13.7 ELECTRONIC COMMUNICATIONS
(a) Applicable laws require that some of the information or communications we send to you should be in writing. When using the Products, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Products. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
(b) In order to retain a copy, please select “Print,” and select the appropriate printer. If you do not have a printer, you can copy the text and the underlying agreement(s) and paste them into a new document in a word processor or a text editor on your computer and save the text.
(c) You have the right to receive a paper copy of the communications. To receive a paper copy, please request it by emailing us at info@Bohangar.com
(d) We may charge you a reasonable service charge to mail you a paper copy of any communication. We will either include such service charge on our fee schedule or we will first inform you of the charge and provide you with the choice as to whether you still want us to send you a paper copy. Please be sure to state that you are requesting a copy of the particular communication.
(e) To receive and view an electronic copy of the communications you must have the following equipment and software:
(i) A personal computer or another device which is capable of accessing the Internet. Your access to this page verifies that your system/device meets these requirements.(ii) an Internet web browser that is capable of supporting 128-bit SSL encrypted communications, JavaScript, and cookies. Your system or device must have 128-bit SSL encryption software. Your access to this page verifies that your browser and encryption software/device meet these requirements.(f) To retain a copy, you must either have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy through the use of a printing service or software such as Adobe Acrobat®. If you have a word processor or text editor program on your computer, then you can also copy the text and paste the text into a new document in the word processor or text editor and save the text.
(g) You can also contact us via email at info@Bohangar.com to unsubscribe from further communications. Unsubscribing from communication may impact your ability to use the Products.
(h) We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.
13.8 NOTICES
Unless otherwise specifically indicated, all notices given by you to us must be given to Bohangar at info@Bohangar.com. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in section 13.7 above. Notice will be deemed received and properly served immediately when posted on the Products or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.
13.9 ENTIRE AGREEMENT
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.
13.10 THIRD PARTY RIGHTS
A person who is not a party to these Terms will not have any rights under or in connection with these Terms.
13.11 LIMITATION OF BOHANGAR’S LIABILITY
(a) We will use reasonable endeavors to remedy faults in the Products or services. If we fail to comply with these Terms, your sole and exclusive remedies and our entire obligation and liability to you will in no circumstances exceed the actual amount paid by you for the Products or services in question. In addition, we will not be liable for:
(i) Faulty operation of computers during the registration process or during the completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).(ii) Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Products, or from transmissions via emails or attachments received from us.(iii) Any use of websites linked to the Products but operated by third parties.(b) TO THE FULLEST EXTENT PERMITTED BY LAW, BOHANGAR AND ITS AFFILIATES, SUPPLIERS, CLIENTS OR LICENSORS (COLLECTIVELY, THE “PROTECTED ENTITIES”) SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE PRODUCTS OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE PRODUCTS, OR LOST BUSINESS OR LOST SALES, OR ANY ERRORS, VIRUSES OR BUGS CONTAINED IN THE PRODUCTS, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON OR THROUGHOUT THE PRODUCTS. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE PRODUCTS EXCEED, IN THE AGGREGATE, THE ACTUAL AMOUNT, IF ANY, PAID BY YOU TO BOHANGAR FOR YOUR USE OF THE PRODUCTS IN QUESTION.
(c) Notwithstanding anything to the contrary, you assume full responsibility for your own use of the Products. In no event shall Bohangar be liable to you, your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Products or other activities you undertake in connection with your use of the Products.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
13.13 EXCLUSIVE VENUE
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Bohangar agree that all claims and disputes arising out of or relating to the Terms or the use of the Products services will be litigated exclusively in the United Kingdom.
13.14 CHOICE OF LAW
Except to the extent they are preempted by UK Law, the laws of England, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.
13.15 SEVERABILITY
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.