Terms & Conditions

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the devistagardens.com website (“Website”), “WordPress” mobile application (“Mobile Application”), and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“User,” “you” or “your”) and Devista Gardens (“Devista Gardens,” “we,” “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User,” “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Devista Gardens, even though it is electronic and is not physically signed by you, and it governs your use of the Services.
**Accounts and Membership**
If you create an account on the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
**Links to Other Resources**
Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.
**Prohibited Uses**
In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.
**Intellectual Property Rights**
“Intellectual Property Rights” means all present and future rights conferred by statute, common law, or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Devista Gardens or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Devista Gardens. All trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of Devista Gardens or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of Devista Gardens or third party trademarks.
**Limitation of Liability**
To the fullest extent permitted by applicable law, in no event will Devista Gardens, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Devista Gardens and its affiliates, officers, employees, agents, suppliers and licensors relating to the Services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Devista Gardens for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
**Indemnification**
You agree to indemnify and hold Devista Gardens and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services, or any willful misconduct on your part.
**Severability**
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do notthey do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
**Dispute resolution**
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of British Columbia, Canada without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Canada. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in British Columbia, Canada, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
COVID-19 Precautions**
**Introduction:**
These terms and conditions outline the measures and precautions Devista Gardens (“we,” “us,” or “our”) has taken in response to the COVID-19 pandemic to ensure the safety and well-being of our customers.
**Health and Safety Guidelines:**
We are committed to following all relevant health and safety guidelines established by local, state, and national authorities to prevent the spread of COVID-19. This includes, but is not limited to, guidelines issued by health departments, the World Health Organization (WHO), and the Centers for Disease Control and Prevention (CDC).
**Sanitization and Hygiene:**
We have implemented rigorous sanitization and hygiene protocols for our in-person services. This includes regular cleaning and disinfecting of equipment and high-touch surfaces.
**Customer Awareness:**
Customers are expected to be aware of and adhere to public health guidelines related to COVID-19, including social distancing recommendations and the use of face coverings where required by local regulations.
**Social Distancing:**
To facilitate social distancing during our in-person services, customers are requested to maintain safe distances as indicated. We may implement measures to ensure adequate spacing.
**Face Coverings:**
In accordance with public health recommendations, customers may be required to wear face coverings during in-person services where mandated by local regulations. Exceptions may apply to individuals with health conditions that prevent the use of face coverings.
**Contactless Interactions:**
We encourage contactless interactions whenever possible to reduce physical contact during our in-person services. This may include online communications, digital documentation, and other measures to minimize person-to-person interactions.
**Compliance with Regulations:**
Customers are expected to comply with all posted guidelines and instructions related to COVID-19 precautions during our in-person services. We reserve the right to modify or adjust our protocols in response to changing circumstances.
**Assumption of Risk:**
While we have taken extensive measures to create a safe environment, customers acknowledge that the risk of exposure to COVID-19 cannot be entirely eliminated. By participating in our in-person services, customers voluntarily assume any potential risk associated with COVID-19.
**Modification of Services:**
We reserve the right to modify or adjust our in-person services, operating procedures, or protocols in response to changing circumstances related to the COVID-19 pandemic.
**Contact Information:**
If you have any questions or concerns about our COVID-19 precautions, please email us at cynthia@devistagardens.com.
**Conclusion:**
By participating in our in-person services, customers agree to abide by these terms and conditions. We appreciate your cooperation in helping to create a safe and healthy environment for everyone.
**Changes and amendments**
We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
**Acceptance of these terms**
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services. This terms and conditions policy was created with the help of https://www.websitepolicies.com/terms-and-conditions-generator
**Contacting us**
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below: https://devistagardens.com/contact-us/
This document was last updated on July 30, 2024
Chakra Alignment/Tuning Terms and Conditions
Chakra Alignment Session Details:
I, the undersigned participant, hereby acknowledge that I am voluntarily participating in a chakra alignment session facilitated by Cynthia of Devista Gardens. I understand that chakra alignment is a holistic practice that aims to balance and align the body’s energy centers, known as chakras.
Purpose and Benefits:
I am aware that the purpose of this session is to promote relaxation, inner balance, and overall well-being. Potential benefits may include stress reduction, increased self-awareness, and a sense of harmony.
Nature of the Practice:
I understand that chakra alignment/tuning may involve gentle touch, energy work, and/or guided meditation. The facilitator may use heat, crystals, essential oils, or other tools to enhance the experience. I am free to communicate any discomfort or concerns during the session.
Potential Risks:
I acknowledge that while chakra alignment/tuning is generally considered safe, there may be emotional or psychological reactions during or after the session. These reactions could include heightened sensitivity, emotional release, or increased awareness. I understand that the facilitator is not a licensed medical professional, and this practice is not a substitute for medical or psychological treatment.
Confidentiality:
I understand that the information shared during the session is confidential. The facilitator will not disclose personal information without my explicit consent except as required by law.
Informed Consent:
I have been provided with all contact information for Cynthia if I have any questions or concerns about the chakra alignment/tuning session. I hereby give my informed consent to participate in this session, acknowledging that I have read and understood the information provided in this document.