§ 1 Isha Foundation terms and conditions
1.1 What these Terms cover
- These are the terms and conditions ("Terms") on which Persatuan Yoga Isha Malaysia ("we", "us" or "our") supplies a ticket to you when you place an order on the Isha Foundation website www.isha.sadhguru.org ("Site") for a ticket ("ticket") to the "Soak in Ecstasy of Enlightenment with Sadhguru" event to take place on 11 October in Malaysia ("event").
- These Terms also cover the purchase of the online course known as the "7-step Inner Engineering Online program" (the "Program"), which can be purchased as a package with a ticket to the event. Please see clause 11 below for further information on your rights in relation to the Program, which differ from your rights in relation to ticket purchases. Together, tickets for the event (which shall include the event itself) and the Program are referred to in these Terms as "Products."
- In these Terms:
- "Event Partner" means promoters, venues, producers, artists/performers, agents, teams, and other persons involved in the organisation of events.
- "Order" means the placement of an order for tickets and (where relevant) the Program on the Site.
1.2 Why you should read these Terms
Please read these Terms carefully before you submit your Order to us. These Terms tell you who we are, how we will provide your ticket(s) to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you do not agree to these Terms, please do not submit any Orders to us.
1.3 Consumer rights
Nothing in these Terms affects your statutory rights as a consumer. In the event that any provision of these Terms is invalid or void because of consumer (or other applicable) laws, these Terms shall be read as if the relevant provision(s) are deleted and the remainder of the Terms shall remain in full force and effect.
§ 2 Contact
2.1 How you can contact us
To contact us, please reach out via our Support Portal: support.sadhguru.org
or call us on +60 17-6767 442 / +60 17-6767 551 (standard network rates apply).
2.2 How we will contact you
If we need to contact you, we will do so by telephone or in writing to you at the email address you provided to us in your Order.
§ 3 Our contract with you
3.1 How we accept your Order
Our acceptance of your Order will take place when we email you to accept it (at our absolute discretion), at which point (and not before) a legally binding contract will come into existence between you and us. Your ticket will be sent to you by email in advance of the event. The contract between us expires immediately after the event but clauses 10 to 13 (inclusive) and clause 14 shall continue in full force and effect indefinitely where your Order includes the Program.
3.2 What to do if you do not receive confirmation of your Order
If you do not receive confirmation of your Order or your ticket, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to contact us so that we can address the issue. We will not be responsible for any costs or losses you incur if you assume that an Order has been accepted without having received confirmation by email.
3.3 Age limitation
All Orders must be placed by someone of at least 18 years of age and tickets must either be purchased:
- for yourself, if you are at least 18 years old; or
- for a child, provided that the child must be at least 15 years of age at the time of the event. If you are purchasing a ticket for a child aged between 15 and 18 years, you must also purchase a ticket for yourself.
We reserve the right to refuse or cancel any Orders which do not meet these requirements. In no circumstances shall anyone who has not yet reached 15 years of age by the time of the event, or anyone who is between 15 and 18 years of age who is not accompanied by an adult, be granted access to the event.
3.4 Capacity to contract
To place an Order, you must be able to enter into legally binding contracts.
3.5 Correct information
We will not accept your Order unless you have provided the information requested in the booking process and such information is complete and accurate. If you do not have access to the email address you provide in the booking process, or the email does not arrive (for any reason outside of our control), we accept no liability and shall not be required to provide you with a refund for your not obtaining your ticket. You can, however, get in touch with us as set out in clause 2.1 and we will use reasonable endeavours to provide your ticket.
3.6 Event capacity
We reserve the right not to accept your Order if the capacity for the event (determined at our absolute discretion) has been or will immediately following your Order be exceeded.
3.7 Cancellation
We reserve the right to cancel your Order and end the contract between you and us if the conditions of these Terms have not been met, including but not limited to if it becomes apparent that you (or the person who will attend the event) do not satisfy the minimum age criteria in clauses 3.3 and 6.3 or if you have provided incorrect information under clause 3.5. Where your Order included the Program, we may cancel this contract only in respect of the event and clauses 10 to 13 (inclusive) and clause 14 shall continue in full force and effect indefinitely.
§ 4 Payment
4.1 Payment of the ticket price
We will only accept your Order if you have paid the ticket price (and, if your Order included the Program, the Program price) by credit or debit card as set out in the booking process.
4.2 Processing the payment
We will only confirm Orders where we have received payment of the price. If your payment is recalled by the associated bank or payment provider, we reserve the right to cancel any Order for which a confirmation has been sent. We accept no liability for any costs or expenses you may have incurred in such circumstances.
4.3 Donation
You may choose to make a voluntary donation in addition to the ticket price. Our acceptance of your Order is not conditional on any donation. Any donation made is voluntary and non-refundable unless otherwise required by law.
§ 5 The event
5.1 Pictures only illustrative
The images of the Products on our website are for illustrative purposes only and do not reflect the venue of the event or the content of the Products. The Products may vary from those images.
5.2 Our right to make changes
We may make reasonable changes to the Products at our discretion, and any changes to the Products to reflect changes in relevant laws and regulatory requirements. Please see clause 7 for your rights if the event is materially altered.
5.3 Where to find the price for the Products
The price of the Products will be the price indicated on the order pages when you placed your Order. There are categories of tickets with different prices set out in the booking process.
5.4 Seating
All seating maps and charts displayed during the purchase process are for guidance only and reflect the general layout for the venue for the event. We may change the layout and specific seat locations at the event without notice.
5.5 Timings and description of event
All timings in relation to the event are given by way of indication only and are subject to change. We make every effort to describe the content of the event accurately but reserve the right to make changes, including to the personnel who will attend or host the event, at our discretion.
5.6 Timely admission
If you arrive later than the stated start time of the event, we reserve the right to delay your admission until a suitable time to be determined at our discretion.
5.7 Confidentiality
The content of the event is confidential and you agree not to disclose or disseminate any of the content of the event for any purpose. This clause 5.7 shall not apply to the extent that any information is already in the public domain (except in breach of this clause 5.7) or to the extent that disclosure or dissemination is required by law.
5.8 Reliance
You accept that the content of the Products does not constitute medical advice and you must consult a medical professional before implementing any learnings from the Products.
You acknowledge that any statements, stories, or testimonials presented before or during the event or in the Program do not constitute a warranty, guarantee, or prediction regarding your experience during or after the event or in the Program. Further, you acknowledge that there is no warranty, guarantee, or prediction that you will experience any particular state of awareness or consciousness, or any particular outcome, during or after the event or from the Program.
§ 6 Conditions of attending the event
6.1 No photography or recording
You are expressly prohibited from photographing or recording, by video or audio, any part of the event for any purpose whatsoever. Any material obtained through such measures would be deemed to be a violation of our intellectual property rights and you shall, on our request, promptly permanently delete any material recorded in contravention of this clause 6.1.
6.2 Consent to be photographed, etc.
By attending the event, you consent to being photographed, filmed and/or recorded (by any means, and whether visually or audibly) and for us to use said material for any purpose at any time and by any means throughout the world free of charge, unless you object to such use by contacting us in advance of the event.
6.3 Minimum age
Whilst we will make every effort to ensure no Orders are accepted in contravention of the minimum age requirements set out in clause 3.3, we cannot verify the age of every individual who makes an Order. We reserve the right to refuse entry to the event to anyone who is:
- under 15; or
- aged between 15 and 18 years who is not accompanied by an adult.
6.4 Social media
You shall not make, and hereby warrant and represent that you have not made, any offensive or derogatory posts on social media about the event, the Program, us or any attendees at the event (including, but not limited to, participants, volunteers and staff).
6.5 The Program
You must have completed the Program in full in order to attend the event. Please refer to clause 11 for further details.
6.6 Eligibility based on applicable regulations
In compliance with applicable laws and regulatory requirements in Malaysia, Malaysian citizens who are Muslim are not eligible to attend this event. By placing an Order and attending the event, you confirm that you meet this requirement. We reserve the right to refuse entry to the event if this requirement is not satisfied.
6.7 Refusal of entry
We may refuse you entry to (or eject you from) the event if:
- you do not present a valid ticket on entry;
- you do not present a valid identification document when asked to;
- you do not meet the minimum age requirements set out in clause 6.3;
- you are not the individual whose details were provided in placing your Order (except in the circumstances set out in clause 3.3.2);
- you breach any of these Terms;
- we adjudge that you are under the influence of drugs or alcohol (at our discretion);
- you do not behave in such a way as to create a safe, supportive, learning environment while at the event;
- you smoke, drink alcohol or consume any hallucinogenic or illegal drug at the event;
- you engage in disruptive speech or behaviour or otherwise interfere with the event or other individuals' participation in the event;
- you fail to comply with all applicable laws;
- you engage in any form of harassing, offensive, discriminatory or threatening speech or behaviour, including relating to race, gender, sexual orientation, religion or disability;
- you behave in a threatening or abusive way towards anyone associated with the event, including staff, volunteers and other attendees;
- we consider it necessary to ensure the safety of others or to prevent other damage, nuisance or injury;
- we consider it necessary to enable us to comply with our legal and regulatory obligations;
- you leave the event without first obtaining permission to re-enter;
- you refuse to undergo a security search of your person or belongings; or
- you bring with you any items that we consider (at our discretion) present a threat to the health and safety of anyone associated with the event, or which otherwise may disturb the successful passing of the event.
If you witness any of the above circumstances, please promptly contact an event volunteer.
§ 7 Refunds and cancellation
7.1 No refunds
We will not refund the price of your Order unless:
- The event is cancelled (subject to clauses 7.2) or materially altered (subject to clause 7.3).
- We have made a mistake in the pricing of your ticket.
Without prejudice to clause 11.1, you may cancel your Order by contacting us via the Support Portal, in which case the amount of your refund will be determined by the amount of time remaining before the event at the time your written cancellation request is received:
All cancellation requests must be submitted in writing via our Support Portal: support.sadhguru.org
Any request for cancellation must be accompanied by any documentation reasonably required by us. If such documentation is not provided, we reserve the right not to process the cancellation or any associated refund.
The individual who placed the Order must submit the cancellation request via the Support Portal within the applicable timeframes set out in these Terms in order to be eligible for any refund.
You will not be entitled to any refund in the event of a failure to attend the event.
If you leave the event at any time for any reason, you will not be entitled to a refund and this will be treated as a cancellation of your registration.
You may not transfer your registration to another person or to another program under any circumstances. For the avoidance of doubt, you will not be entitled to a refund in the circumstances set out in clause 11.6.
7.2 Cancellation by us
We may cancel the event at our discretion. If we cancel the event and do not reschedule it to a date within six months, you will receive a full refund. If rescheduled within six months, you will be given the option to request a refund.
7.3 Material alterations
If the event is materially altered, you will be given the option to request a refund within a specified time.
7.4 No refund of donations
Donations are non-refundable.
7.5 Payment of refunds
Refunds will be processed using the same means of payment as you used for the Order. Refunds will be processed within four (4) weeks of approval.
7.6 Cancellation by you
Once you have made an Order, you cannot cancel it, subject to clause 7.1.
7.7 Packages
This clause is subject to clause 11 where your Order includes the Program.
§ 8 Resale
No resale. You may not resell or otherwise pass on (including but not limited to, by way of promotion, hospitality or lottery) your ticket to any third party under any circumstances.
§ 9 Warranties and indemnities
9.1
You warrant and represent that:
- the information you provide to us in the booking process and thereafter is true, accurate and complete, and that you will not use any false information, including contact information;
- you are at least 18 years of age and can enter into legally binding contracts for the purchase of tickets; and
- you are fit to attend and participate in the event and all activities that occur at the event and that you have taken all steps necessary, including (where relevant) obtaining professional advice, to ensure your safe participation in the event.
9.2
You hereby indemnify and hold harmless us and our affiliates along with their respective officers, directors, employees and agents, including (but not limited to) Sadhguru (the "Indemnified Parties") against any losses, damages, expenses (including reasonable legal fees), liabilities, claims and/or demands suffered by any Indemnified Parties arising out of or in connection with your breach of these Terms or any other applicable terms and conditions, breach of any applicable laws or regulations, or breach of any third party rights.
§ 10 Limitation of liability
10.1
To the maximum extent permitted by law, we (including our subsidiaries and each of our respective officers, directors, employees, agents, subcontractors and volunteers, including (but not limited to) Sadhguru) and our Event Partners shall not be liable for any loss, injury or damage to any person (including you) or property howsoever caused (including by us and/or by an Event Partner):
- in circumstances where there is no breach of contract or a legal duty of care owed by us (or our subsidiaries or an Event Partner);
- in circumstances where such loss or damage is not directly as a result of any such breach by us (or our subsidiaries or an Event Partner) (save for death or personal injury resulting from our or our subsidiaries' negligence); or
- to the extent that any increase in any loss or damage results from your negligence or breach by you of any of the terms of these Terms and/or any other applicable terms and conditions and/or any applicable laws or regulations.
10.2
To the maximum extent permitted by law, we (including our subsidiaries and each of our respective officers, directors, employees, agents, subcontractors and volunteers, including (but not limited to) Sadhguru) and our Event Partners shall not be liable for any indirect or consequential losses or loss of data, profits, revenue, earnings, goodwill, reputation, enjoyment or opportunity, or for distress, or any exemplary, special or punitive damages, arising directly or indirectly from your use of the Site and/or your Order under these Terms. In particular, please note that:
- personal arrangements and expenditure, including travel, accommodation, hospitality and other costs and expenses incurred by you relating to the event which have been arranged by you are at your own risk, and neither we nor our subsidiaries nor the Event Partners shall be responsible or liable to you for any wasted or unrecoverable costs or expenditure in relation to such personal arrangements, even if caused as a result of the cancellation, rescheduling or alteration of the event for which you have purchased tickets under these terms;
- neither we nor our subsidiaries nor the Event Partners shall be responsible or liable to you for any loss of enjoyment or amenity, including where the event has been cancelled, rescheduled or altered; and
- neither we nor our subsidiaries nor the Event Partners shall be responsible or liable to you (and you will not be entitled to any refund) if admission to the venue or event is refused or revoked at any time as a result of your breach of any of these Terms (or those of our Event Partners).
10.3
Unless otherwise stated in this clause 10, our, our subsidiaries' and the Event Partners' liability to you in connection with the Products (including, but not limited to, for any cancellation, rescheduling or alteration of the event) shall be limited to the price paid by you for the Products.
10.4
We will not be liable to you for failure to perform any of our obligations under these Terms to the extent that the failure is caused by a force majeure event (meaning any cause beyond our reasonable control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments). This clause does not affect the terms of any clauses specifically providing for a right of refund.
10.5
Nothing in these Terms seeks to exclude or limit our, our subsidiaries' or the Event Partners' liability for death or personal injury caused by our, our subsidiaries' or the Event Partners' negligence, fraud or other type of liability which cannot by law be excluded or limited.
§ 11 Program
11.1 No refunds
Once your order for the Program has been accepted by us in accordance with clause 3.1, you shall not be entitled for a refund unless you cannot access the Program materials because of our fault. Where your Order includes a ticket and the Program and you are entitled to a refund of the ticket price in accordance with clause 7, you shall not be entitled to a refund of the Program price unless you cannot access the Program materials because of our fault. For the avoidance of doubt, it is immaterial for the purpose of this clause 11.1 whether you have actually accessed the Program materials.
11.2 Licence
Our sharing the Program materials with you constitutes a non-exclusive, irrevocable licence to use the Program materials exclusively for non-commercial purposes with no right to sub-licence or assign your rights to the Program materials. You shall not share the Program materials with any third party by any means. You shall not amend or edit the Program materials and, if you do so, you hereby assign all intellectual property rights in any amended or edited Program materials to us for nil consideration. If you commercialise the Program materials, you hereby agree to indemnify us for all revenue and income you receive as a result of that commercialisation.
11.3 Conflict
If there is a conflict between this clause 11 and any other provision of these Terms, this clause 11 shall prevail.
11.4 Duration of the Program
You acknowledge and understand that the Program is designed to take approximately 25 hours to complete. The actual time required may vary depending on your pace and engagement with the Program content.
11.5 Completion requirement
You acknowledge and agree that completion of the Program in full is a prerequisite for attending the event. You are responsible for ensuring that you complete the Program prior to the event. We reserve the right to refuse entry to the event if you have not completed the Program in full.
11.6 No refund for non-completion
You acknowledge and agree that failure to complete the Program prior to the event may result in refusal of entry. In such circumstances, you will not be entitled to any refund of the ticket price or the Program price.
§ 12 Disclaimer
12.1 Activities
The event may include physical and mental activities which carry with them risks that we cannot entirely eliminate. These include the risk of personal injury (including physical and mental harm).
12.2 Rules of participation and safeguarding
We are committed to proactively safeguarding and promoting the welfare of our participants, staff and volunteers, and to taking reasonable steps to ensure that anyone who comes into contact with us, and our event and/or Program does not, as a result, come to any harm. We believe that everyone we come into contact with, regardless of age, religion, gender identity, disability, sexual orientation, or ethnic origin has the right to be protected from all forms of harm, abuse, neglect, and exploitation. We will not tolerate abuse and exploitation by or towards our staff and volunteers.
You must:
- act responsibly and sensibly at all times;
- not engage in any harassing, offensive, discriminatory or threatening speech or behaviour;
- not behave in a threatening or abusive way towards anyone associated with the event, including staff, volunteers and other attendees; not participate if you are pregnant or under the influence of alcohol or non-prescription drugs; and
- follow any safety warnings or instructions displayed or given to you at the event.
12.3 Assumption of risk
You hereby accept that you attend and participate in the event entirely at your own risk (except to the extent that we are negligent or breach any other duty).
12.4 Property and belongings
In the absence of any negligence or other breach of duty by us, we are not responsible for any theft, damage, destruction or loss of your property or belongings while attending the event.
12.5 Risk and Release
You acknowledge that participation in the Program and the event may involve physical and mental activities and carries inherent risks. You voluntarily accept full responsibility for any risks, injuries, or damages arising from your participation.
To the extent permitted by law, you agree to release and hold harmless Persatuan Yoga Isha Malaysia and its affiliates, including its representatives, instructors, facilitators, employees, agents, and volunteers, from any claims arising out of or in connection with your participation.
Nothing in this clause excludes or limits any liability which cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence.
§ 13 Your information
13.1 Privacy policy
Please refer to our Privacy Policy for further information about how we use and protect your personal data.
§ 14 General
14.1 Conflict
If there is a conflict between these Terms and any other agreement between us, including the terms of usage of the Site, these Terms shall prevail.
14.2 Entire agreement
These Terms constitute the entire agreement between us and you regarding your Order and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances, and understandings between us and you, whether written or oral, relating to its subject matter. You accept and agree that you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
14.3 Assignment, sub-contracting etc.
These Terms are personal between us and you and you shall not assign, novate or sub-contract your rights under these Terms. We may assign, novate or sub-contract our rights and obligations under these Terms at our discretion and without your consent.
14.4 Waiver
- A waiver of any right or remedy under these Terms or by law is only effective if given in writing and shall not be deemed to be a waiver of any subsequent right or remedy.
- A failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.
14.5 Severance
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.
14.6 Third parties
These Terms are intended only for you and us. No third party has any right to enforce them.
14.7 Governing law
These Terms are governed by the laws of Malaysia.
14.8 Jurisdiction
The courts of Malaysia shall have exclusive jurisdiction.