Terms and Conditions

SVASTIDA Co., Ltd. (SCL)is a Thailand company registered at 59/4, Moo 5, Mae Nam, Koh Sami, Suratthani, Thailand, 84330 and can be contacted via email: jay@www.jayeyears.com or via our contact form. These Terms of Use (“Terms”) govern your use of this site and represent an agreement between you and SCL, dated as at the commencement of your membership.

By accessing this site, you are indicating your acknowledgment and acceptance of these Terms and other applicable laws. These Terms may be subject to change at the sole discretion of SCL without prior notice to you. Please consult these terms regularly.

Warning

The websites owned by SCL, including but not limited to nimarsti.com, svastida.com, suryasanctuary.com, ascensioncleanse.com and their associated social media pages (collectively referred to as the SCL websites), contains information written by a variety of sources. The material is provided for informational and educational purposes only. It should not be used as a substitute for professional medical advice, diagnosis or treatment. Always consult your professional healthcare providers before beginning any new treatment or health regime.

The resources delivered by SCL, including any events, expert podcast series, live or recorded Q&As, videos, MP3s, case studies and all other supporting and/or supplemental educational including video, voice and sound recordings, images, graphs, workbooks and any other product (collectively referred to as “the Services”) have not been evaluated by any Food & Drug Administration Body. The Services are not intended to diagnose, treat, cure, or prevent any disease and cannot be considered a substitute for professional care by a doctor or other qualified medical professional.

SCL assumes no liability for any of your activities in connection with the SCL from your computer or device.

Access To This Site

SCL grants you a single non-exclusive, non-transferable, revocable license to use the Services for your personal use only and in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms.

To access the Services, you may be asked to provide certain registration details or other information, which may include personal or confidential information. It is a condition of use that all the information you provide is accurate, complete and up-to-date. If SCL believes the information you provide is incorrect, misleading or incomplete, or that you have breached or violated any of the provisions of these Terms, we may terminate your license and membership at any time, without notice.

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms. By using any of the Services, you acknowledge and consent to our collection and use of information as set out in the Privacy Policy.

Restrictions On Use

You agree to use this site only for lawful purposes and in accordance with these Terms.

Unless otherwise agreed in writing, the Services are provided for non-commercial, personal use, and/or so that you may learn about SCL and our events and/or products. You may not use the Services for any other purpose without SCL’s express prior written consent. You shall not modify the Services in any way, nor shall you attempt to access any content that is not intended for you.

Neither you nor any other party purporting to be authorized by you, are permitted to use the Services and any name, logo, trademark or any other intellectual property associated with the Services, for any purpose other than that authorized by these Terms without the prior written consent of SCL.

Participation

Harassment in any manner or form on the SCL Websites, including via email, messenger, Facebook comments or otherwise, is strictly forbidden. You may not upload to, distribute, or otherwise publish through the SCL Websites any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law.

Impersonation of others, including a SCL or other licensed employee, host, or representative, as well as other members or visitors on the site, is prohibited.

You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Although under no obligation to do so, SCL reserves the right to monitor the use of this site and the Services to determine compliance with these Terms, as well as the right to remove or refuse any information for any reason.

SCL does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, SCL is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the site.

However, SCL reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, offensive or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property rights of another or (d) in breach of these Terms or otherwise unacceptable to SCL in its sole discretion.

Copyright & Proprietary Information

This site and the content comprising the Services are protected by copyright laws and belong to SCL or its partners, affiliates, contributors or third parties. The copyrights for all graphics, photographs, images, artwork, text, fonts, software and other technology, and the contents, design, layout, functions, appearance and other intellectual property, comprising the Services are owned by SCL or other copyright owners who have authorized the use on this site.

Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with SCL or purchasing SCL products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own personal, non-public, non-commercial use.

Unless otherwise agreed in writing, you may not reproduce, copy, modify, distribute, republish, post, transmit, or create adaptations of, any copyrighted work in any way other than as expressly permitted under these Terms. You are prohibited from using any of the marks or logos appearing throughout the site without the prior written consent of SCL unless expressly permitted under these Terms.

Online Programs

Upon purchase, you will receive an email with a link to access the Nimarsti membership area where you can log in to your online program or membership.

When you are purchasing from this site you agree to be billed either as a one-off transaction, or recurring subscription, depending on what you have purchased.

Should you decide to cancel a recurring subscription for any Nimarsti membership site, you will continue to have access to the platform and any related Facebook group up until the day prior to your next scheduled payment. In the event that we consider you have breached these Terms, your access may be removed at any time without notice to you.

Requests to cancel a recurring paid subscription must be submitted in writing at least 48 business hours prior to your next scheduled payment. Requests submitted less than 48 business hours before your next scheduled payment will be processed the following month, and you will be charged for that month.

Lifetime access refers to the lifetime of the program unless we consider you have breached these Terms and your access is removed.

SCL reserves its right to change, suspend or discontinue any aspect of the Services at any time, including the availability of any content, tool or feature.

Refund Policy

Online Programs

Refunds are not available for any of SCL’s online programs.

For recurring paid subscription programs, please refer to the ‘Online Programs’ above if you would like to cancel your subscription.

Retreats

To participate in your scheduled retreat, payment in full must have been received by the deadline prior to your retreat starting. 

Please refer to our Retreat Terms and Conditions for full details. 

Products

You may choose between a refund, exchange or credit where goods are faulty, have been wrongly described, are different to the product purchased on the website or in the event they don’t perform as advertised.

Indemnity

SCL shall not be held liable for any special or consequential damages that result from the use of, or the inability to use, the Services, even if SCL has been advised of the possibility of such damages.

You agree to indemnify SCL, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) against any losses, damages, liabilities, and costs, including reasonable legal fees, sustained or in connection with any claim arising out of your use of this site, the Services or any breach of these Terms by you or any user of your account.

You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether expressed or implied. You assume all responsibility and risk for your use of the Services. The Services are provided without any representation or warranties of any kind, whether expressed or implied.

To the fullest extent permitted by law, SCL disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose and non-infringement.

SCL does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. SCL does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.

While we make reasonable efforts to maintain the accuracy of the Services, errors or omissions may occur. We make no representation or warranties regarding the accuracy, completeness, performance or fitness for a particular purpose of the Services, or that the Services will meet your requirements, or as to the results that will be derived from using any of the information included in the Services.

Limitation On Liability

SCL and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if SCL has been advised of the possibility of such damages.

The collective liability of SCL and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) for any direct damages shall be limited to the greater of $100 or the amount you have paid for the Services giving rise to such liability.

You assume all responsibilities and obligations with respect to any decisions, advice, conclusions or recommendations made or given as a result of the use of the services, including without limitation any decision made or action taken by you in reliance upon the Services.

Links

During the provision of the Services, we may provide links to websites that we do not operate. We are not responsible for the content of any such websites, and you should direct any concerns regarding such websites to their respective site administrators or webmasters. The use of such websites will become subject to the rules and conditions of that site.

The inclusion of any link to a third-party site does not automatically imply SCL endorsement, sponsorship or recommendation of that site. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or SCL.

Pricing Errors

In the event that a product is mistakenly listed on SCL websites or events at an incorrect price, SCL reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. SCL reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, SCL shall issue a credit to your credit card account in the amount of the incorrect price.

Your Content

You hereby grant SCL the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and/or display any comment, remarks, suggestions, ideas, graphic, compilation or other information (“your Content”) communicated to SCL through this site, and to incorporate your Content in other works in any form, media, or technology now known or later developed.

With the exception of any personal information that you submit through this site in accordance with the Privacy Policy, and unless otherwise advised by you in writing, SCL will not be required to treat your Content as confidential, and may use it in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind now or in the future. By posting your Content, you are guaranteeing to us that you have the legal right to post the content and that it will not violate any law or the rights of any person or entity.

Downloading Materials

In the provision of the Services, SCL cannot and does not guarantee or warrant that downloadable files will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. While doing our best to keep the Services free from such things, you are responsible for implementing sufficient protective procedures to satisfy your own requirements to maintain the integrity of your IT system or device.

Security

The Services are provided pursuant to these Terms and one individual license per subscription membership. Therefore passwords used for this site are for individual use only. You will be responsible for the security of your password.

If you become involved in any violation of system security, SCL reserves the right to release your details to system administrators at other sites for the purpose of resolving security incidents.

SCL reserves the right to investigate suspected violations of these Terms and fully cooperate with any law enforcement authorities or court order requesting or directing SCL to disclose the identity of anyone posting any messages, publishing or otherwise making available any materials that are believed to violate these Terms. By accepting this agreement you waive and hold SCL harmless from any claims resulting from any action taken as a result.

Term

These Terms are applicable to you upon your accessing the SCL Websites, continued use of any of the SCL Websites and throughout any registration or shopping process. These Terms, or any part of them, may be terminated by SCL without notice at any time, for any reason. Provisions including but not limited to copyrights, trademarks, proprietary information, disclaimers, express, and implied warranties, limitation of liability, indemnification, and jurisdiction, shall survive termination.

Notice

You agree that SCL may deliver notice to you by means of email, a general notice on the site, or by other reliable methods, to the address you have provided to SCL.

Miscellaneous

These Terms will be governed and interpreted pursuant to Thailand law, notwithstanding any principles of conflicts of law. You specifically consent to the personal jurisdiction of Thailand in connection with any dispute between you and SCL arising out of these Terms or pertaining to the subject matter hereof.

If any part of these Terms is considered unlawful, void or unenforceable, that part or those parts will be deemed severable from the remaining terms and will not affect the validity and enforceability of any remaining provisions.

Nimarsti Store

Customer Service

SCL is committed to providing exceptional customer service and quality products. We endeavor to make sure that all products listed on our website are currently in stock, pricing is true and correct and dispatched in a timely manner.

Shipping and Delivery

We deliver products worldwide from our fulfillment house located in Australia.

Shipping costs are influenced by the size and weight of the product and your location. Shipping costs are calculated in the shopping cart and will be added to the order total before checkout. (Please Note: we may contact you if the shipping cost greatly exceeds what we have charged you at the checkout).

Orders are dispatched within 48 hours of the order being placed and shipping times are estimated at between 3-14 business days depending on your location. We are not responsible where delivery has been delayed outside of our control.

Incorrect Shipping Information

Be sure to carefully enter the address where your package(s) will be shipped. Customers are responsible for fees incurred where delivery cannot be completed due to incorrect shipping information provided by the customer, or P.O. Boxes that are supplied but cannot be delivered to.

Returned Packages

If your package is returned to our warehouse due to incorrect details being provided or the package not being collected, standard shipping costs will apply to resend the order. We provide tracking information to assist you with keeping track of your order delivery.

Refunds will not be provided for these items, as outlined in the ‘Refund Policy’ section of these Terms and Conditions.

Damaged Goods

We will not be held responsible for any parcels that have been lost or damaged during the delivery process.

If your parcel, and/or goods have been damaged in transit, we will ask for proof of such damage before establishing whether a refund or exchange will take place. Please contact us to discuss.

Availability of SCL Products

In the event that an ordered item is not available or we are unable to fulfill your order we will notify you within 2 business days to arrange an agreeable alternative item, the option to put on backorder, or a full refund.

Not for Resale

When purchasing any products from the Nimarsti Online Shop, at retail value, you agree that you are not authorized to resell these products above the recommended retail price.

Any interest to resell our products must be registered through our Wholesalers program.

Refunds & Returns

Please refer to the ‘Refund Policy’ section of these Terms and Conditions.

Additional 3rd Party Fees

Bank Fees – SCL is a global company. We are not responsible for additional fees charged by banks for international transaction fees. Please check with your bank prior to purchasing to inquire if additional fees apply.

Customs Fees – Every country is different with its customs regulations for charging fees, whether they exist and how much. We are not responsible for overseas orders should they incur additional customs charges. It is recommended to contact your local customs office to inquire further.

General Disclaimer

The websites owned by SVASTIDA Co., Ltd. (SCL), including but not limited to nimarsti.com, svastida.com, suryasanctuary.com, ascensioncleanse.com and their associated social media pages (collectively referred to as the SCL Websites), contain information written by a variety of sources. This information is based on the personal experience of Jay Eyears which he is sharing for educational and informational purposes only. It should not be used as a substitute for professional medical advice, diagnosis or treatment. Always consult your professional healthcare providers before beginning any new treatment or health regime.

It is your responsibility to research the accuracy, completeness, and usefulness of all opinions, services, and other information found on the SCL Websites. SCL assumes no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found either on the SCL Websites or via links provided on the SCL Websites.

The SCL Websites often include guest posts and moderated comments containing the personal opinions and experiences of others. These opinions are not necessarily the views of Jay Eyears. SCL does not control, monitor or guarantee the information contained in external web sites that are linked to from our site, and does not endorse any views expressed or products or services offered therein.

Your Health

While we make every effort to ensure that we accurately represent all the products and services on the SCL Websites and their potential for health, longevity, and wellbeing, it should be noted that there is no guarantee that you will achieve these results and you accept that the outcomes differ by individual. You agree to make informed decisions based on your own personal circumstances after consulting your professional healthcare providers. The information provided within this website or by SCL employees is purely for the purposes of information only and is not a replacement or substitute for professional advice, doctors visit or treatment. At most, the content provided on this site should serve as a companion to a professional consult. Under no circumstance should it replace the advice of your primary care provider. Always consult your primary care physician prior to starting any new fitness, nutrition, weight loss or health regime. The use of the cleanse programs, advice, and the information contained in this website is at the sole choice and risk of the reader or participant.

The Nimarsti cleanse programs and retreats promote a healthy lifestyle for life. We do not promote short term extreme weight loss or miracle health cures. Having more energy and healthy amounts of fat loss are considered typical results for an individual following the Nimarsti lifestyle recommendations of eating a balanced plant-based whole food diet and doing regular exercise, however, results vary on an individual basis.

Testimonials

Every testimonial on this website is from an individual who has followed the teachings of Nimarsti. Before and after photos were not retouched or altered. Results were self-reported by the cleanse participants and therefore cannot be confirmed. Results may not be typical. Every effort has been made to accurately represent the efficacy and potential of the cleanse programs. Please be advised that testimonials are not to be interpreted as a promise or guarantee. Any claims made or results reported are specific to each individual and should not be considered to be typical for everybody as there is no assurance you will do as well. Your Results may vary. Each individual’s success depends on his or her background, unique circumstances, desire, and motivation.

Affiliates

We currently have no affiliates under SCL.

Earnings Disclaimer

SCL makes reasonable effort to ensure that the information shared is accurate. As a Nimarsti Affiliate, it should be noted that statements made by SCL as to possible earnings are estimates only of what we think you can possibly earn. There is no guarantee that you will achieve these results and you accept the risk that the earnings and income statements differ by individual.

As with any business, your results may vary and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. The testimonials and examples used are exceptional results, which may not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire and motivation.

There is no assurance that examples of past earnings can be duplicated in the future. We cannot guarantee your future results and/or success. There are some unknown risks in business and on the internet that we cannot foresee which could reduce results you experience. We are not responsible for your actions.

The use of our information, products, and services should be based on your own due diligence and you agree that SCL is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products, and services reviewed or advertised on this website.

Nimarsti Oils

If you have elected to join Nimarsti Oils, you understand and agree that there are important risk factors that should be considered by you when deciding whether to purchase any essential oils.

We prefer Young Living. However, we make no inferences, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about your use of Young Living Essential Oils, nor do we hold any responsibility for any inferences, warranties, promises, suggestions, projections, representations or guarantees whatsoever that may be made by Young Living Oils.

Personal Use

Essential oils are highly concentrated, powerful liquids which can be used for a wide range of emotional and physical wellness applications. Any information we provide is based on our own experience. The way your body reacts to essential oils is unique and based on your own cellular makeup. They can be toxic if used incorrectly. If you have any health problems or are taking any medication you should seek advice from your healthcare provider and/or a qualified aromatherapist prior to using essential oils.

Membership Advantages

If any earnings or income examples are provided by us at any time, you agree that these are only estimates of potential earnings. There is no assurance that you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to accumulated credits which may be earned (whether or not such credits are convertible to cash). The world economy may also negatively affect commercial results achieved through Young Living Oils.

You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information.

You may not consider any examples, documents, or other content on the SCL websites or otherwise provided by us to be the equivalent of legal advice. Nothing contained on the SCL websites or in materials available for sale or download on the SCL websites provide legal advice in any way. You should consult with your own attorney on any legal questions you may have. We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.

Please note that the content of this page can change without prior notice. These Terms were last updated on the 5th of December 2019.