These Terms of Service ("Terms") were last updated on January 4, 2021.
PhoenixArise.org's mission is to improve the quality of lives through sharing. These Terms apply to all your activities on the PhoenixArise website, and other related services (“Services”).
You need an account for most activities on our Website. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting our Support Team. You must have reached the age of consent for online services in your country to access PhoenixArise.org.
When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
You may not share your account login credentials with anyone else. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.
Participants must be at least 18 years of age to create an account on PhoenixArise.org and use the Services. If you are younger than 18 but above the required age for consent to use online services where you live, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you register in courses that are appropriate for you. If you are below this age of consent to use online services, you may not create a Udemy account. If we discover that you have created an account that violates these rules, we will terminate your account.
2. Workshop Registration
When you register in a Workshop, you get a license from us to view it and no other use. Don’t try to transfer or resell courses in any way.
In legal, more complete terms, PhoenixArise.org grants participants a limited, non-exclusive, non-transferable license to access and view the material 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 a PhoenixArise authorised representative.
3. Payments, Credits, and Refunds
When you make a payment, you agree to use a valid payment method. If you aren’t happy with your course, PhoenixArise offers a 14 day refund or credit for most Workshops attended.
The prices of courses on PhoenixArise are determined based on t our Promotions at that time. We regularly run promotions and sales for our Workshops and some are are only available at discounted prices for a set period of time. The price applicable to a Workshop will be the price at the time you complete your purchase of the course (at checkout). Any price offered for a particular Workshop may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new users.
If you are logged into your account, the listed currency you see is based on your location when you created your account. If you are not logged into your account, the price currency is based on the country where you are located. We do not enable users to see pricing in other currencies.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the Workshop you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any Workshop for which we have not received adequate payment.
3.3 Refunds and Refund Credits
If the Services you purchased is not what you were expecting, you can request, within 14 days of your purchase of the Service, that PhoenixArise apply a refund to your account. We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our discretion, depending on capabilities of our payment processing partners, and other factors. No refund is due to you if you request it after the 14-day guarantee time limit has passed. However, if a Service you previously purchased is disabled for legal or policy reasons, you are entitled to a refund beyond this 14-day limit.
3.4 Gift and Promotional Codes
PhoenixArise may offer gift and promotional codes to participants. Certain codes may be redeemed for gift or promotional credits applied to your PhoenixArise account, which then may be used to purchase eligible Services, subject to the terms included with your codes.
These codes and credits, as well as any promotional value linked to them, may expire if not used within the period specified in your PhoenixArise account. Gift and promotional codes offered by PhoenixArise may not be refunded for cash, unless otherwise specified in the terms included with your codes or as required by applicable law.
4. Content and Behaviour Rules
You can only use PhoenixArise for lawful purposes. You’re responsible for all the content that you post on our website. You should keep the reviews, questions, posts, and other content you upload in line with the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offences.
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behaviour on our website must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
PhoenixArise has discretion in enforcing these Terms. Upon any such termination we may delete your account and content, and we may prevent you from further access to the website and use of our Services.
5. Our Rights to Content You Post
You retain ownership of content you post to our website. We’re allowed to share your content to anyone through any media, including promoting it via advertising on other websites.
The content you post as a participant remains yours. When you post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize PhoenixArise to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.
In legal language, by submitting or posting content on or through the Website, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with us, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
6. Using PhoenixArise at Your Own Risk
Anyone can use PhoenixArise to interact for education and learning. Like other websites where people can post content and interact, some things can go wrong, and you use PhoenixArise at your own risk.
By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. PhoenixArise has no responsibility to keep such content from you and no liability for your access or enrollment in any Service, to the extent permissible under applicable law. This also applies to any courses relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses, and by enrolling in such Workshops you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your registration in a Workshop.
When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
7. PhoenixArise.org’s Rights
We own the PhoenixArise website and Services, including the website, present or future apps and services, and things like our logos, and content created by our employees. You can’t tamper with those or use them without authorization.
All right, title, and interest in and to the PhoenixArise website and Services, including our website, our existing or future applications, our databases, and the content our employees or partners submit or provide through our Services are and will remain the exclusive property of PhoenixArise. Our website and services are protected by copyright, trademark, and other laws. Nothing gives you a right to use the PhoenixArise name or any of the PhoenixArise trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding PhoenixArise or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the PhoenixArise website and Services:
access, tamper with, or use non-public areas of the website (including content storage), PhoenixArise’s computer systems, or the technical delivery systems of PhoenixArise’s service providers.
disable, interfere with, or try to circumvent any of the features of the website related to security or probe, scan, or test the vulnerability of any of our systems.
copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the PhoenixArise website or Services.
access or search or attempt to access or search our website by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website. You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
8. Other Terms
These Terms are like any other contract, and they have additional important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.
8.1 Binding Agreement
You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with PhoenixArise. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
It may happen that our website is down, either for planned maintenance or because something goes down with the site. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will PhoenixArise or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
8.3 Limitation of Liability
There are risks inherent to using our Services, for example, if you register in Workshop which involves breathing and other physical exercises, and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of One thousand Rupees (INR 1,000/-) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims.
If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless PhoenixArise, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
8.5 Governing Law and Jurisdiction
When these Terms mention “PhoenixArise,” they’re referring to Resonant Ventures LLP. These Terms are governed by the laws of India, without reference to its choice or conflicts of law principles, and you consent to the exclusive jurisdiction and venue of the courts in Mumbai, India.
8.6 Legal Actions and Notices
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to support@phoenixArise.org).
8.7 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
8.8 No Assignment
You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
9. Dispute Resolution
If there’s a dispute, our Support Team is happy to help resolve the issue. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team.
If we can’t resolve our dispute amicably, you and Udemy agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
10. Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and PhoenixArise reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
11. How to Contact Us
The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Services.
Thank you for your valuable time and attention.