Terms & Conditions
2. User Registrations and Accounts
We may require user registration in order to access content, Courses, products, or services on this Site. It is a condition of your use of the Site that all the information you provide on and to the Site is correct, current, and complete.
3. Online Purchases and Online Store Terms
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Any prices for our content, Courses, products, or services are subject to change without notice. We reserve the right at any time to modify or discontinue any content, Courses, products, or services (or any part thereof) without notice at any time. We reserve the right, but are not obligated, to limit the sales of any content, Courses, products, or services to any person, geographic region or jurisdiction. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our content, Courses, products, or services.
4. Return Policy
We do not provide refunds on our programs, except under very special circumstances that are up to our discretion. To request a refund, please email [email protected].
5. Intellectual Property Rights and Ownership
You understand and agree that our Site and its entire contents, features, and functionality, including, but not limited to, all Courses, information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by us, our licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Our name, logos, product and service marks, designs, images and slogans are registered and unregistered trademarks of New Moon Mira. You must not use such marks without our prior written permission.
The materials on this Site may not be copied, reproduced, posted, or republished in any way. They may be downloaded, displayed, or printed by the user for non-commercial and lawful personal use only, in accordance with the “Use Licence” provisions contained in Article 5. Otherwise, the republication or use of these materials without prior written consent from us is prohibited, and all rights are reserved.
You acknowledge that in the event Facebook, or other social media platforms, are linked through our Site or linked to our Site, you may take such actions as our Site and such third-party social media platforms permit. Any Courses, information, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, arrangement, logos, names, service marks, images or slogans that may appear on Facebook, or other social media platforms, remain the sole property and trademark of us, our licensors, or other providers of such material and are protected in all forms by intellectual property laws. You must not use any such materials or mark without our prior written permission.
6. Use License
1. Use of this course is limited to the registered user
2. Permission is granted to temporarily download one copy of any downloadable materials on the Site, including materials from Courses, for lawful personal, non-commercial transitory viewing by the registered user only. This is the grant of a license, not a transfer of title, and under this license, you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on the Site;
remove any copyright or other proprietary notations from the materials;
share or transfer the materials to another person without prior written consent; or
‘mirror’ the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by New Moon Mira at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
User Submissions and Site Content Standards
We are and shall be under no obligation (1) to maintain any User Submissions in confidence; (2) to pay compensation for any User Submissions; or (3) to respond to any User Submissions. Any responses to User Submissions by New Moon Mira and our parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers and successors is for informational or educational purposes only and is not intended to replace the advice of healthcare professionals.
If you send or transmit any communications or materials to New Moon Mira by mail, email, telephone, in any forum setting, or otherwise, including without limitation, new features, concepts, or functionality relating to the Courses, or any comments, questions, suggestions, or the like (”Feedback”), New Moon Mira is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. You hereby assign to New Moon Mira all right, title, and interest in, and New Moon Mira is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Provider is not required to use any Feedback.
Without limiting the foregoing, you warrant and agree that your use of the Site and any User Submissions shall not:
In any manner violate the Rules outlined on our Facebook group, which may be linked to the Site, and can be found attached hereto as Appendix A.
Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in New Moon Mira’s sole discretion.
Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations or code.
Involve, provide or contribute any false, inaccurate or misleading information.
Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these User Submissions and Site Content Standards.
Impersonate or attempt to impersonate New Moon Mira, a New Moon Mira director, officer, or employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site.
Interfere with or circumvent the security features of the Site or any related website.
Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm New Moon Mira or users of the Site or expose them to liability.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
You understand and agree that you, not New Moon Mira nor any parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Site.
Site Monitoring and Enforcement, Suspension and Termination
We have the right, without provision of notice to:
Remove or refuse to post on the Site any User Submissions for any or no reason in our sole discretion;
Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Site. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site; and
YOU WAIVE AND HOLD HARMLESS NEW MOON MIRA AND OUR PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Site or its use, and do not and cannot undertake to review material that you or other users submit to the Site. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES, PRODUCTS OR ITEMS FOUND OR ATTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE MATERIALS ON THIS SITE OR ANY MATERIAL PROVIDED BY NEW MOON MIRA ARE PROVIDED ‘AS IS’. WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THIS SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
IN NO EVENT SHALL NEW MOON MIRA, NOR OUR PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OR INABILITY TO USE THE CONTENT, COURSES, PRODUCTS, OR SERVICES OFFERED ON THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
Passive Course for General Information and Educational Purposes Only
The content, Courses, products and services offered passively on this Site are provided for general informational and educational purposes only. The Next Breath, and all other Courses, Site content, products, or services offered by New Moon Mira provide a forum for discussion where people can share thoughts, ideas, and concerns. The passive content, Courses, products, and services provided by New Moon Mira are not intended to be a substitute for the advice and/or treatment of healthcare professionals. Further, the needs of each person are unique, and no content, Courses, product, service, or forum provided by New Moon Mira is intended to replace the advice of a healthcare professional. Any reliance on the material of this Site is at your own risk. The use of New Moon Mira Passive Courses and Site is not for emergency or crisis help. If you require emergency medical help, please contact your local emergency services.
You further confirm that:
ACTING ON BEHALF OF YOURSELF AND TO THE EXTENT ALLOWED BY LAW, YOU HEREBY WAIVE AND AGREE TO RELEASE ANY CLAIMS OR LIABILITY WHICH YOU MAY HAVE OR BELIEVE TO HAVE AGAINST NEW MOON MIRA AND OUR PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS FOR ANY INJURIES, LOSSES OR DAMAGES TO YOU AND YOUR PERSONAL PROPERTY, AND
YOU AGREE TO BE RESPONSIBLE FOR, INDEMNIFY, AND HOLD NEW MOON MIRA AND OUR PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS FROM AND AGAINST ANY CLAIMS, SUITS, JUDGMENTS, OR COSTS WHICH MAY BE BROUGHT AGAINST NEW MOON MIRA, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS FOR THE ACTUAL OR ALLEGED ACTS OR OMISSIONS OF YOU.
By enrolling and participating in our Courses or otherwise engaging with our Site, you indicate that you have read and agreed with the above Disclaimer, Express Assumption of Risk, and Release of Liability in its entirety and freely and voluntarily assume all risks of such injuries and damages, notwithstanding such risks.
Revisions and Errata
The materials appearing on the Site may include technical, typographical, or photographic errors. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content, Courses, products, or services on our Site are accurate, complete or up to date. Your use of the Site is at your own risk and neither New Moon Mira nor our parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever for your use of this Site. We may withdraw, terminate and/or make changes to the materials contained on this Site at any time without notice. We do not, however, make any commitment to update the materials.
We have not reviewed all of the third-party sites linked to our Site and we are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked website is at the user’s own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites, including but not limited to the Community Standards found on Facebook.
Such links to third-party sites from the Site may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Site. You may only use these features when they are provided by us and solely with respect to the content identified.
Governing Law and Jurisdiction
Last Updated: May 3, 2023.
What Information We Collect About You
When you use this Site, we may collect certain information from and about you, including:
Personal information, that we can reasonably use to directly or indirectly identify you, such as your name, e-mail address, Internet protocol (IP) address used to connect your computer to the Internet, user name or other similar identifier, cookie information, account information, and any other identifier we may use to contact you online or offline (”Personal Information”);
Non-Personal Information, that does not directly or indirectly reveal your identity or directly relate to an identified individual, such as demographic information, or statistical or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from Personal Information. For example, we may aggregate personal information to calculate the percentage of users accessing a specific Site feature;
Technical information, including your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, or information about your internet connection, the equipment you use to access our Site, and usage details; and
Non-personal details about your Site interactions, including the full Uniform Resource Locators (URLs), clickstream to, through and from our Website (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page.
User Submissions and Social Media
You may provide information to be published or displayed on public areas of our Site or transmitted to other users of the Site or third parties (collectively, “User Submissions”). Your User Submissions are posted on and transmitted to others at your own risk. Personal Information that you post or share in connection with these User Submissions is visible to other persons and can be read, collected, used and disclosed by other persons. Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that unauthorized persons will not view your User Contributions.
If you upload images to the Site, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the Site can download and extract any location data from images on the Site.
How We Use Your Information
When you visit our Site, we collect certain information about you, your device, your interaction with the Site, and information necessary to process your purchases, in order to present our Site to you and provide you with the content, courses, products, services and information that you request from us. For example, we use information about you, including any Personal Information, for the following purposes:
Account Registration: We collect your name and email address when you register for an account on our Site. We collect this information in order to fulfil your order, provide you with access to our course offerings, save your course progress, process your payment information, provide you with invoices, and communicate with you. We also require your name and email address to register you for our Facebook group(s).
Email Newsletters: You can sign up for a free email newsletter from us by voluntarily providing your email. Personal Information which is provided by you is used solely for this purpose, unless otherwise provided by you. You can unsubscribe for our email newsletters at any time.
Customer Support: We may also collect additional information about you if you contact us for customer support.
If you leave a comment on our Site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices.Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting your user experience may be negatively impacted, or you may be unable to access certain parts of our Site.
Links and embedded content from other websites
This Site may include links to and embedded content (e.g. videos, images, articles, etc.) from third-party websites. Embedded content from third-party websites behaves in the exact same way as if the visitor has visited the third-party website.
The Site is not intended for individuals under the age of 18. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at [email protected].
Who We Share Your Data With
For instance, we use Stripe Payments Canada, Ltd and PayPal Canada Co. to process payments on our online store. We may disclose or transfer data about your search activity on this Site with Google Analytics. We may also disclose or transfer your email and name information with ConvertKit when signing up for any email list. Please refer to the privacy policies of the aforementioned service providers for more information.
We may process, store, and transfer your personal information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country.
We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
How Long We Retain Your Data
Except as otherwise permitted or required by applicable law or regulation, we will only retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize your Personal Information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.
If you leave a comment on our Site, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
If you leave a submission in our Facebook group, the submission is visible to us and other Users for as long as our group remains active, or until we decide otherwise; alternatively, you may choose to delete your submission in the Facebook group prior to the expiration of your access.
For users that register on our Site, we also store the Personal Information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Site administrators can also see and edit that information.
How We Protect Your Data
We use appropriate security safeguards to protect your Personal Information against loss, theft, and unauthorized access.
The safety and security of your information also depends on you. If you are a registered user of our Site, any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
What Rights You Have Over Your Data
It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes. By law you have the right to request access to and to correct the Personal Information that we hold about you. If you want to access, review, verify, or correct the use of your Personal Information, you may send us an email at [email protected]. If you are a registered user of our Site, you can also review and change your personal information (with the exception of your Site username) at any time by logging into the Site and visiting your account profile page.
You can also request that we erase any Personal Information we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where you have provided your consent to the collection, use, and transfer of your Personal Information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at [email protected].
Please note that if you withdraw your consent or request erasure of your Personal Information, we may not be able to provide you with particular content, courses, products or services.
Where We Send Your Data
Visitor comments may be checked through an automated spam detection service.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email protected].
Last updated: May 3, 2023.