Terms and Conditions

 

 Last Updated and Effective as of: 8. August 2022 

Welcome to our website. If you continue to browse and use this website, the following terms and conditions represent an agreement between You (You’ refers to the user or viewer of our website) and Jason Lee Mitchell trading as Sharing Presence (hereafter 'Business,' 'we,' or 'us'). The following terms and conditions govern your use of our website www.sharingpresence.org, and access made available to any of our services, programs, courses by means of the site, and include any content, functionality, and services offered on or through such services, programs, courses, and website. We refer to the site, the products and services collectively in these terms as the 'Services'.

Please read our Terms and Conditions carefully before you start to use the Service. By using any of the Services, you acknowledge that you have read, understood and agree to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, found at www.sharingpresence.org/privacy-policy, govern Sharing Presence’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. 

 

1. Workshops, Retreats, and other Events

It is easy and secure to book tickets online to attend workshops and retreats and other events with Jason Lee Mitchell

  • Browse workshops, retreats and other events available through the Sharing Presence website.
  • Read more information or book your chosen event through the specific event page on the website.
  • Click the ‘Register’ button to go to our secure online payment site, where you can pay with Paypal, a credit or debit card.
  • If you’re having trouble booking please email us. 
Cancellation

Deposits are non-refundable and non-transferable. The cancellation policy is clearly stated on each event page and again during the checkout process.

We reserve the right to cancel any event for reasons which are beyond his control, including insufficient attendee registration. However, if an unforeseen cancellation is required, your event fee will be refunded in full. Every endeavour will be made to inform you of this at least one week prior to the event. We can accept no further liability for course cancellations beyond the course refund.

We wish we could compensate people encountering unforeseen circumstances (injury, illness, family emergency, etc.). However, as this is a small business we regret that we are not able to underwrite these kinds of costs, and as such our policy is non-negotiable. We strongly recommend that you take out your own insurance in case of cancellation to cover travel, accommodation and such expenses outside of the course itself.

If you need to cancel your place on the event for personal reasons you will be refunded according to the cancellation policy. You will be responsible for covering expenses outside the event itself and it is recommended that you take out insurance as outlined above to cover such circumstances.

Responsibility:

Please note that nothing we say at an event, nor the content of any items available for purchase or for free, are intended to replace advice from a qualified medical practitioner or to prevent an attendee or purchaser from seeking such advice where appropriate.

We can accept no responsibility for accident or loss experienced by attendees while on one of his workshops, retreats or events, although all reasonable efforts are made to ensure safety and enjoyment throughout. 

Payments

Payments can be made online through our automated system with a credit or debit card or Paypal. We cannot accept credit/debit card details over the phone or by e-mail as this is not a secure payment method.

Images

If you are attending our retreats, workshops or other events, online or in-person, we reserve the right to take photographs or make videos and recordings. The filming and recording of such events may be viewed on our website and possibly shared on social media platforms, such as but not limited to Facebook, Instagram, Tiktok and YouTube. In such circumstances your identity will not be disclosed, unless a signed agreement has been made with you.

All reasonable steps will be taken to preserve your anonymity, but the material is made available to further the development of Jason’s work and share knowledge in the public domain relating to mindfulness, meditation and philosophy. In booking to attend such an event you are deemed to consent automatically to your image, whether still, video and/or recorded, being broadcast online.

Code of Conduct

All events are recreational-drug free.

If you have any pre-existing medical or psychological conditions, you may wish to consult with your doctor or mental health professional before coming on a retreat or workshop to ensure that the intensity and length of this event are manageable for you.

The workshops and retreats are a time for contemplation and exploration of the teaching and practice, and the process may evoke strong feelings. We do our best to create a safe, supportive environment, and staff members are on hand to help where they can. However, our staff are not trained therapists and cannot, therefore, be regarded as a substitute for therapy or be held responsible for an individual’s care during events.

Organisers of events reserve the right to ask an attendee to leave the retreat, workshop or any other type of event if they feel the attendee poses a risk to him/herself or other attendees.

  

2. One-to-One Sessions with Jason

Jason Lee Mitchell's Private Sessions in no way take place of psychiatric, psychotherapeutic, medical treatment or any other kind of therapy. The intent is only to offer information and guidance of general nature to help you in your quest for emotional and spiritual wellbeing. A normal mental capacity of the client is required. With the appointment, you agree to our terms and conditions.

Refunds 

You can cancel a session up to 24 hours before and receive a full refund. After this no refund is possible. If you need to cancel an appointment due to unforeseen circumstances, you can arrange a new appointment. Rebooking is only possible one time.

 

3. Products and Services 

We grant you a non-exclusive, non-transferrable, revocable license to use the Services, including the Products (subject to payment, where applicable), for your personal use only, in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms. We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature or content. Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate your license to use the Services, in whole or in part, including your right to use any Products, without providing any refund or cancelling your obligation to make instalment payments where applicable, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms.

We grant you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by us. This also applies to content you can access via any of our APIs or social channels controlled by us.

We generally give a Lifetime Access license to our students when they enroll in a course. However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint, or if we determine its content violates our Terms.

Lifetime Access is for the lifetime of the Service. If for any reason, we should dissolve of cease to exist, then your access to the Service terminates.

Payment

You may purchase licenses to certain Products through a one-time payment. When you make a purchase, you authorise us to charge the credit, debit card or PayPal account you provide on a one-time basis. We reserve the right to cancel any order for any reason. Possible reasons for cancellation include, but are not limited to the following: fraudulent or potentially orders, incorrect pricing or non-payment.

Refunds

Each of the Products sold by us on this Site have their own refund policy noted on the sales page and / or check-out page. If you have questions about a specific policy, please email us at [email protected] before you purchase.
If you receive a refund for a Product, you will have no further right to use that Product. We will have the sole discretion to determine whether you satisfy the eligibility criteria for a refund.

Your Content

We may provide the opportunity for you to provide content or materials (“Your Content”) by means of the Services, including by commenting on blog posts, by communicating with us directly or through other forums. You grant to us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable, transferrable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content in any formats or media now known or hereafter devised, in connection with our provision or promotion of information products or services.

Your Conduct

You agree that you will not:
(i) use the Services in a manner that (a) violates any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities; (b) is fraudulent, deceptive or misleading; (c) is threatening, harassing, discriminatory, libelous, defamatory, pornographic or obscene; (d) violates anyone’s rights of privacy, publicity or other rights; (e) violates any contractual or fiduciary obligations; (f) infringes on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”); (g) has an adverse effect on our business, reputation or ability to provide Services; or (h) would otherwise be reasonably deemed objectionable under the circumstances;
(ii) violate any program guidelines applicable to use of particular Products or interfere with, impair or disrupt the ability of others to use such Products;
(iii) use the Services so as to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
(iv) violate or attempt to violate the security of the Services;
(v) reverse engineer, decompile or disassemble any portion of the Services;
(vi) “scrape” information from the Services by automated means;
(i) interfere with the ability of others or permit any unauthorized access to or use of any Products that you have licensed or to any password applicable to your account for the Services;
(vii) use, redistribute or resell any of the Products or other content of the Services, other than such unremunerated sharing via social media as may be authorized on the Services or otherwise in writing by us; or
(viii) reproduce, modify, display, distribute, sell, re-sell, distribute, publish, disclose, videotape, share, divulge, transfer, exploit or create derivative works from any of the Services, including any Products, in whole or in part, except as expressly provided in these Terms.

Proprietary Rights

As between you and us, we own the Services, including the Products, and any and all graphics, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property, comprising the Services. The foregoing ownership rights include all Intellectual Property Rights inherent in or appurtenant to the Services. Without limitation of the foregoing, the Services contain proprietary material of JM, which is protected by copyright and other laws respecting proprietary rights. The Services are also protected by copyright as a collective work and/or compilation, pursuant to  international conventions, and other copyright laws. JM retains all rights in the Services, including all copyright and other proprietary rights worldwide in all media. You may not use the Services except as expressly permitted under these Terms.

Representations and Warranties

You represent and warrant: (a) that you own all Intellectual Property Rights in Your Content and have the right to provide Your Content via the Services for use as contemplated herein, and (b) that you are at least eighteen (18) years old.

Indemnity

You agree to indemnify, defend and hold harmless JM and its affiliates, and all officers, directors, owners, agents, or licensors thereof (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities and costs, including reasonable attorneys’ fees, sustained by the Indemnified Parties in connection with any claim arising out of Your Content, your use of our Products, or any breach by you or any user of your account of these Terms. You shall cooperate as fully as reasonably required in the defense of any such claim. JM reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

Disclaimers; Limitations of Liability 

(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THE SERVICES, INCLUDING ANY PRODUCTS, ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

(b) WHILE WE MAKE GOOD FAITH EFFORTS TO INCLUDE SUBSTANTIALLY ACCURATE INFORMATION IN THE SERVICES, ERRORS OR OMISSIONS MAY OCCUR. IF WE RECEIVE NOTICE OF ERRORS OR OMISSIONS, WE WILL MAKE REASONABLE EFFORTS TO CORRECT THEM IN DUE COURSE; BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR AS TO THE RESULTS THAT WILL BE DERIVED FROM USING ANY OF THE INFORMATION INCLUDED IN THE SERVICES.

(c) IN NO EVENT SHALL JM OR HIS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, DELAY IN USING, OR INABILITY TO USE THE SERVICES. OUR LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES YOU HAVE PAID FOR THE PRODUCTS GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, JM’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE LESSER OF (I) A REFUND OF THE AMOUNT PAID FOR THE PRODUCT AT ISSUE.

(d) YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS OR RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON PRODUCTS. THE SERVICES SHALL NOT CONSTITUTE OR BE CONSTRUED AS A RECOMMENDATION, SOLICITATION, OFFER OR OPINION BY JM OR OUR AFFILIATES, PRINCIPALS OR CONTENT PROVIDERS, FOR ANY FINANCIAL TRANSACTION OR THE PURCHASE OF ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO SECURITIES, OR ANY KIND OF INVESTMENT. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS.

(e) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY OR ACHIEVE ANY PARTICULAR RESULTS USING THE TECHNIQUES AND IDEAS PROVIDED IN CONNECTION WITH THE SERVICES. ALL INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES IS INTENDED FOR EDUCATIONAL PURPOSES ONLY, FOR A GENERAL AUDIENCE, AND NOT AS SPECIFIC ADVICE TAILORED FOR AN INDIVIDUAL OR BUSINESS. NONE OF THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES SHALL BE CONSTRUED TO CONSTITUTE MEDICAL, PSYCHOLOGICAL, FINANCIAL OR ACCOUNTING, LEGAL OR OTHER PROFESSIONAL ADVICE; WE URGE YOU TO CONSULT WITH AN APPROPRIATE LICENSED PROFESSIONAL IF YOU SEEK ANY SUCH ADVICE.

Law; Jurisdiction

These Terms shall be governed by the laws of the United Kingdom without giving effect to the principles of conflict of laws. YOU AND WE AGREE THAT ANY ACTION OR DISPUTE BETWEEN US WILL BE RESOLVED EXCLUSIVELY BY UNITED KINGDOM.

Privacy

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms. By using any of the Services, you acknowledge and consent to our collection and use of information as set forth in the privacy policy.

Changes

We may modify these Terms at any time by posting changes on the Sites; however, (i) these changes will only become effective and binding with respect to you after we provide notice on the Sites that these Terms have changed and you first use any of the Services following the date of such posting, (ii) the changes will only apply with respect to your use of the Services after such changes become effective, and (iii) any change in payment obligations will only apply to your subsequent purchases on, or usage of, the Services. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Services.

Digital Millennium Copyright Act

If you believe that any of the Services contain content that infringes on your copyright, please forward the following information by email to [email protected]

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Links

The Services may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters.

Miscellaneous

No joint venture, partnership, employment or agency relationship exists between you and JM as a result of these Terms and/or your use of the Services. These Terms shall be effective as of the date accepted by you. These Terms represent the entire agreement between you and JM with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Services. JM may assign these Terms at its discretion. You may not assign these Terms. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, JM shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references herein to “we,” “our” or variations thereof shall be deemed to refer to JM. All references herein to “you,” “your” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. Notices to you required or permitted hereunder shall be made to you at the most recent email address on file with JM. Notices to us shall be sent by email to [email protected]