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Terms & Conditions

Welcome to the Tranquilosphere and Merrilyn Davey Meditations.
By accessing, browsing and/or using this website, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, do not use this web site.

1. COPYRIGHT & LICENSE

This website is provided by Tranquilosphere. All content contained on this website is copyright (c) Merrilyn Davey Meditations 2016 Copyright is protected by Australian Copyright Law and international treaty provision.This website, the musical meditation Recordings and video demonstrations available on it and the underlying software and hardware platform is wholly hosted in a secure data center in Australia.
Unless otherwise stated, Merrilyn Davey and Jocelyn Derecourt own the copyrighted intellectual property rights for all material and recordings on the Tranquilosphere and Merrilyn Davey Meditations. All intellectual property rights are reserved. You must not:

  • Republish material from www.tranquilosphere.com.au
  • Sell, rent, share or sub-license material from www.tranquilosphere.com.au
  • Reproduce, duplicate or copy material from www.tranquilosphere.com.au

2. TERMS

These Terms & Conditions (“Terms”) contain the terms and conditions on which we supply content, products or services listed on www.tranquilosphere.com.au (“Website”), or via partner websites or other delivery methods to you (the Website and such content, products, services are collectively referred to herein as the “Services”).

3. DISCLAIMER

You understand and agree that the Services and any other information you learn from the Website are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. Not all activities described on the Services are suitable for everyone and may not be recommended for children. While there is third-party evidence that meditation can assist in the prevention and recovery process for a wide array of illnesses, Merrilyn Davey and Jocelyn Derecourt make no claims or guarantees that you will experience these effects from using the Services.
Do not use the Services while driving or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services. We assume no responsibility for injuries suffered while practicing these techniques. Any health information and links on the Services, whether provided by Merrilyn Davey, Jocelyn Derecourt or by contract from outside providers, is provided simply for your convenience. If you have any concerns or questions about your health, consult with a physician or health care professional.
While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Services or the information contained on the Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
All background music is composed by Christopher Lloyd Clarke from Enlightened Audio with many of our sound effects produced by Tranquilosphere.

4. PUBLIC BROADCAST

With a limit of 1 location per license, you can play our music at a commercial venue. For example, day spas, hotels, restaurants, conferences, gymnasiums, yoga studios, schools and medical facilities.

5. COMPLIANCE STATEMENT

This website and the Meditation Recordings offered herein, are made available to eligible end users on a monthly subscription and/or pay-to-play basis only.You may be awarded amounts of virtual credit (together referred to in these Terms and Conditions as “Virtual Credits”) which can be used in order to access and play the Meditation Recordings and Video Demonstrations “Recordings”. You may elect to pay real money to acquire additional amounts of Virtual Credit in order to continue playing or commence playing one or more of the Meditations on a pay-to-play basis. Virtual Credits awarded to or purchased by you cannot be withdrawn. Furthermore, Virtual Credits cannot be translated into money or money’s worth.
Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Credits on the website, you hereby accept that you have no right or title in or to any such Virtual Credits and that we have the absolute right to manage, regulate, remove,
control, modify and/or eliminate such Virtual Credits as we see fit and Tranquilosphere shall not have any liability to you and anyone for the exercise of such rights.

6. VIRTUAL CREDIT SESSION

Once you agree to pay for virtual credits for a Recording , it will be accessible for:

  • 2hrs and the charge will be made to your account at the end of the 2hr period.
  • During this window you can play, stop and play unlimited times.
  • After the 2hr period if you opt to play again, you will be charged again.

If you lose your connection during a Recording, in which you were in the middle of playing, your session will persist only for the duration of that 2hr window.
Tranquilosphere is not liable for any disconnections that may occur.
In the unlikely event a Recording is in progress and is cancelled due to technical issues, you will be automatically refunded your Virtual Credit buy-ins, regardless of the players’ standing when the Recording was stopped . We reserve the right to render final decisions on all matters concerning Recording terminations or stoppages or other Recording determination issues, at our sole discretion. Refunds may be communicated via electronic mail or via the Site.

7. AVAILABILITY OF RECORDINGS

We reserve the right, in our sole and absolute discretion and without liability, to cancel or suspend a Recording should a virus, bug, worm, communication or server failure occur or for any other reason we deem necessary.

8. PASSWORD RESPONSIBILITY

It is your responsibility to safeguard your access details from any unauthorised use and we recommend that you change your password on a regular basis. You also agree that you will not lend or transfer your login details to any third party. You shall fulfil all commitments made on your account in the course of using the website and be responsible for all communication from your account with us.
We shall not be required to maintain usernames or passwords and if you misplace, forget, lose or are otherwise unable to enter the website Tranquilosphere, we will not be responsible and will not be held liable for any claims regarding your account.

9. MODIFICATION OF TERMS AND CONDITIONS

We reserve the right to modify and/or amend any of these Terms and Conditions from time to time as we deem fit. The Terms and Conditions contained herein may be modified and/or amended without notice to you. Any such modifications and amendments will take effect upon posting in the “Terms and Conditions” section of this website. You should check the website from time to time to review these Terms and Conditions because they are binding on you.

10. REPRESENTATIONS & WARRANTIES BY USERS

By doing any of the following things:

  • entering the website;
  • opening and using an account on the website; and
  • playing any recordings on the website,

you hereby represent, warrant and certify all of the following:

  • you fully understand, agree to, become a party to and shall abide by all rules, regulations, terms and conditions contained herein and as such rules, regulations, terms and conditions may change from time to time;
  • you only have one account, username and password with Tranquilosphere and understand that your account may be closed if you are deemed to be operating more than one account or username;
  • you shall not allow any other person or third party including, without limitation, to use or reuse your account; access and/or use any materials or information from the web site.
  • you understand that the term ‘Tranquilosphere’ is a trade name of Merrilyn Davey Meditations and you obtain no rights to such trade names, terms, graphics, text, concepts or methodologies, by using the website and the material contained therein;
  • you play the Meditations entirely at your own risk.
  • you shall periodically review at a rate not less than once monthly these Terms and Conditions posted within the “Terms and Conditions” section of the website;
  • you shall not participate in the Meditations or Video Demonstrations; open, use or reuse an account; nor enter the website, if you do not fully understand, agree to, become a party to, and shall abide by, without exception, all rules, regulations, Terms and Conditions contained herein, and as may change or be amended from time to time;
  • you do not find the Meditations or Video Demonstrations or the website to be offensive, objectionable, unfair or indecent;
  • you understand that you will receive mailings and/or cellular text messages and/or emails informing you of news and information relating to Tranquilosphere from time to time. You can unsubscribe from future mailings at any time in accordance with the Tranquilosphere Privacy Policy;
  • we make no representations or warranties, implicit or explicit, as to the legal right for you to participate in the Recordings nor shall any of our employees, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion (or other agencies), media partners, agents or retailers have the authority to make any such representations or warranties;
  • you acknowledge that we, without liability or responsibility, may in our absolute and sole discretion:
  1. decline to accept the registration of any person, including you, to this website;
  2. restrict, discontinue, suspend or terminate access to the website or play on the website for any reason whatsoever;
  3. may cancel or unwind all Virtual Credit promotional awards associated with any account the access to which has been restricted, discontinued, suspended or terminated. You acknowledge such Virtual Credit as forfeited;

11. FRAUD

We reserve the right to terminate your account, withhold or confiscate in full or part (at the
unfettered discretion of the customer services staff) the Virtual Credit balance of your
account and in doing so recover from your account the amount of any Virtual Credit if:

  • you are found to be or reasonably suspected to be participating in any form of fraudulent practice;
  • we become aware that you have begun proceedings to “charge back” a bank card or have denied any of the Virtual Credit purchasing transactions made on your account;
  • you become bankrupt or have equivalent proceedings occurring anywhere in the world; or
  • you violate or promote the violation of any applicable laws or regulations If we become aware, or suspect that a transaction is suspicious and involves or may involve financial crime or similar activity then we reserve the right to retain the amount of that
    transaction and any other transaction made by you. We shall be under no obligation to provide you with any reasons for so doing.
    Where we suspect that you are participating in any form of unlawful activity, or fraudulent practice we reserve the right to report such activity or suspicions to the police or relevant authorities.

12. DISCLAIMER OF LIABILITIES

Under no circumstances, including but not limited to, negligence, shall Tranquilosphere, nor their employees, suppliers or affiliates, be liable for any loss of chance or opportunity, loss of income, loss of use of money, loss or corruption of data, damages (including loss of profit), special, consequential or otherwise, that result from the use of, or the inability to use, the materials in this website, even if our representative (authorized or otherwise) has advised you of the possibility of such.
The materials in this website are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement, course of dealings, course of performance, usage or trade. Applicable law may not allow for the exclusion of implied warranties and, to that extent only, the above exclusion may not apply to you.
We are not under any obligation to provide the website, or any Recording thereon, to anyone, or the opportunity for any person to participate or continue to participate in any Recording and we expressly decline liability for the same. We do not warrant that the functions contained in the content of this website will be uninterrupted or error-free, that defects will be corrected, or that this website (or the server that makes the website content available) is free of viruses or other harmful components.We are not responsible for:

  1. technical, hardware, software, telephone failures of any kind;
  2. lost or unavailable network connections;
  3. incomplete, garbled, or delayed computer transmissions; and/or
  4. any technical or human error which may occur in the processing of submissions which may limit your ability to participate in the website,whether caused by us, by you or by any of the equipment or programming associated with or utilized in the provision of the Recordings and the website.

We do not warrant or make any representations regarding the use or the result of the use of the materials in this website in terms of correctness, accuracy, reliability or otherwise. We shall not be liable for computer malfunctions, nor attempts by you to participate in the
Recordings by methods, means or ways not intended by us.We may collect information about your computer including, where available, your IP address, operating system and browser type. This is statistical data and does not identify any individual.

13. JURISDICTION AND OPERATION

These Terms and Conditions and the agreements made herein shall be governed and construed in accordance with the federal laws of Australia without giving any effect to any principles of conflicts of law that might direct the application of the laws of any other jurisdiction. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
If you choose to access this website you do so on your own initiative and are responsible for compliance with local laws, if and to the extent applicable.

14. CUSTOMER DISPUTES

We hereby inform you that we shall record all electronic transactions in the interests of staff and clients.

15. MISCELLANEOUS

Subject to any rules posted herein from time to time the Terms and Conditions contained herein represents the complete, final and exclusive agreement between you and Tranquilosphere and supersedes and merges all prior agreements, representations and understandings between you and Tranquilosphere.
If any provision of these Terms and Conditions shall be determined to be unlawful, void or for any reason unenforceable, then the unlawful, void and/or unenforceable provision(s) shall be deemed severable from the other provisions contained herein and shall not affect the validity and enforceability of any of the remaining provisions.
Other than the limited, permitted use to participate in the Recordings on the website, you agree not to use any content provided through the website for any public or commercial purpose without our express written permission. You agree not to download, rent, lease, loan, distribute, create derivate works, copy, re-use, modify, adapt, attempt to decompile, decipher, disassemble, reverse engineer, decrypt or discover the source code of all or any portion of the Recordings, create improvements, or seek to obtain intellectual property protection on the content of any intellectual property rights in the Recordings. Nothing contained in this website shall be construed as granting by implication, estoppel, or otherwise, a license or right of use of any trademark displayed in the website.
Virtual Credit-based transactions are only valid if accepted by our server. Until acceptance of the transaction by our server all information displayed relating to a Recording constitutes an invitation to play only. You agree that our records shall be the final authority in determining the validity and terms of any transactions and the circumstances in which they were made.
We reserve the right, at our sole discretion, to refuse or limit any transaction. Where a transaction is invalid, refused or its value limited, any Virtual Credit-based sum deducted from your account with respect to that Recording may be credited to your account.

16. PAYMENTS FOR VIRTUAL CREDIT

Please ensure all of your personal details relevant to your account on the website (under the section My Account/My Details) are correct. If any of your personal details are either not correct or are missing, we will not be able to authorize and process your payments in return for Virtual Credits.
Credit CardsWe accept payments for Virtual Credit by MasterCard and Visa. All credit card transactions are completed on a secure encrypted link between our head office and the clearing bank centre.

17. PROMOTIONAL OFFERS

You may be awarded Virtual Credit to use on the website by opening an account online and thereby automatically accepting a promotional offer.We reserve the right to remove Virtual Credit from your account if we, at our sole discretion, deem you have attempted to abuse the Virtual Credit. As a participant in any promotion (“Promotion”) you must agree to abide by these Terms and Conditions governing usage of the Recordings and the website.
Specific terms and conditions relating to the Promotion will be set out on the website under  he promotions section of this website.To the extent that the terms and conditions of the Promotion conflict with these Terms and Conditions the terms and conditions of the Promotion will prevail.
We reserve the sole, unfettered right to exclude or otherwise remove you from participation in the Promotion if, in our sole opinion, the circumstances warrant such exclusion. The identity of a customer will be determined on the basis of all, or any, combination of the following: name, e-mail address, IP address, credit/charge card number, computer, and any other forms of identification which may be required. If you are found to have multiple accounts it will result in all your accounts being closed and any Virtual Credit being forfeited.
We reserve the right to vary the terms of, or terminate, the Promotion and/or to withdraw any other offers described in these Terms and Conditions at any time and without notice and shall not be held liable for doing so.Virtual Credit will expire after six months of inactivity i.e. no Recordings played during that time.We reserve the right to ask you to provide sufficient documentation to satisfy us in our absolute discretion as to your identity prior to us awarding any Virtual Credit consequent to any promotion.

18. WITHDRAWALS

Virtual Credit may not be withdrawn from your account in any circumstances. You acknowledge that the Virtual Credit held within your account consequent to purchases of Virtual Credit in return for real money have no monetary value and are neither money nor real currency.

19. FEES DERIVED FROM VIRTUAL CREDIT PAYMENTS

We will charge you 100.0% of the real money sums paid by you in return for Virtual Credits required to continue playing the Recordings available on this website. This fee shall be taken in full effective the moment your real money online payment in return for any amount of Virtual Credit is successfully processed. We charge this fee to cover our costs of development, hosting and maintenance.

20. DORMANT ACCOUNTS

Your account will be deemed a “Dormant Account” in the event you fail to use your account for a single continuous period of 12 months or more. Use of your account may be constituted by:

  • playing one or more of the Recordings or Demonstrations for Virtual Credit; or
  • purchasing Virtual Credits.

All Dormant Accounts with Virtual Credits remaining shall be subject to an inactivity charge of 100% of all Virtual Credits contained in your account one day following the first month in which your account is deemed a Dormant Account. After your account has been deemed a Dormant Account and has subsequently been dormant for an additional calendar month, your account shall be deemed an “Abandoned Account” and closed at a time solely determined by Tranquilosphere.
In the event that you return to the website in order to carry out any one of the previously stated activities and your account has been previously deemed either a Dormant Account or an Abandoned Account, please contact Customer Services for a review of your account.

21. COMPLAINTS AND DISPUTES

If you wish to make a complaint, you must do so by contacting our Customer Support Team tranquilosphere@gmail.com Any complaints must be registered with Customer Support within 6 (six) months of the occurrence of the event to which the complaint relates. We will not be able to deal with any complaint in respect of an event which pre-dates this time period.

22. PRIVACY POLICY FOR USERS (THE “PRIVACY POLICY”) INTRODUCTION

As a condition of your use of this website you will be asked to provide specific personal information (“Personal Information”) to Tranquilosphere to verify and establish your identity. While respecting your privacy and protecting all Personal Information Tranquilosphere have created this Privacy Policy to assist in understanding how we collect, use and safeguard your Personal Information for the purpose of offering you our Recordings. If at any time you require assistance or clarification regarding this policy, or how we handle or use the Personal Information which you provide to us, please forward all enquiries to tranquilosphere@gmail.com and we will respond to your questions in full as quickly as possible. Tranquilosphere complies with all applicable Australian data protection laws. Tranquilosphere undertake periodic audits with relevant heads of department to review our practices in this area.
As a condition of use you are required to read this Privacy Policy in conjunction with the Tranquilosphere website terms and conditions.

23. PROCESSING OF INFORMATION

The Personal Information which you provide may be processed by Tranquilosphere for one or more of the following purposes:

  1. to allow us to provide you with meditation recordings;
  2. to process any of your requests for information;
  3. to provide member support services to you;
  4. to market our services or products or those of other entities existing within the same group of companies exists
  5. to notify you about updates to our software and/or services; and
  6. to support any of the intended purposes specifically stated at the time at which you provided the Personal Information,together the “Purposes”.

24. PERMITTED DISCLOSURES

Tranquilosphere may disclose Personal Information if required to do so by applicable law, or
if we believe in good faith that such action is necessary to:

  1. comply with any legal process served on Tranquilosphere, our websites or our services in circumstances where we are under a substantially similar legal obligation;
  2. protect and defend our rights or property; or
  3. act to protect the personal safety of users of the services or the public.

If, in our sole determination, you are suspected or found attempted to defraud Tranquilosphere including, but not limited to, Recording manipulation or payment fraud, or if we suspect you of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment) or prohibited transaction (including money laundering), we reserve the right to share this information (together with your identity) to any applicable institution or as legislatively required.

25. DIRECT MARKETING – OPTING OUT

Out of respect for your right to privacy we are happy to provide you with an easy means to decline receiving email offers from us. At any time, you may request to discontinue receiving these offers by sending a blank message with the word “Remove” in the subject area to tranquilosphere@gmail.com. If you would like to stop receiving our mail or telemarketing offers, please e-mail tranquilosphere@gmail.com.
Your Rights in relation to your Personal Information You can contact Tranquilosphere at any time to obtain a copy of your Personal Information and to have any inaccuracies corrected. Where appropriate, you may have your Personal Information rectified, amended or completed.

26. THIRD PARTY SERVICE PROVIDERS

In order to continue play of the Recordings using Virtual Credit, you may be required to purchase Virtual Credit and therefore the exchange of actual currency is required. We may use third-party electronic payment processors and/or financial institutions (‘ESPs’) to process such financial transactions. By accepting this Privacy Policy, you expressly consent to the Personal Information necessary for the processing of transactions being shared with ESPs, including, where necessary, the transfer of information outside of your State and/or country. We take all reasonable steps to ensure that our arrangements with ESPs protect your privacy.

By submitting my registration I accept the terms & conditions of this agreement.

Copyright © 2024 by Tranquilosphere