Terms of Service

 

As part of our process in complying with the General Data Protection Regulations (GDPR), when you purchase this product (free or paid) from us, as part of the contractual relationship we are forming with you - we will add you to our communications database.

As part of the communications database, first and foremost, you will hear from us

• When there is information directly related to your product
• When we have a company-wide communication that we think you'd like

 

You may unsubscribe (turn us off) at any time. Please know that we don't participate in conventional email marketing, and that if you do unsubscribe, then you will not receive messages directly related to this product. 

 

By accessing www.mindbodify.com (the website), you are agreeing to be bound by these terms of service, together with all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. In addition, by accessing the website you are agreeing to be bound by the terms and conditions contained in Mindbodify’s Privacy Policy and Cookie Policy. If you do not agree with any of the terms and conditions contained in these Terms of Service, Privacy Policy and Cookie Policy, please do not use the website. The materials contained on the website are protected by applicable copyright and trademark law.

 

Parties

This writing (formally called a contract) simply outlines the intended legal relationship between Mindbodify Ltd (the “COMPANY”) incorporated in England & Wales with registration number 13095125 and you (the “CLIENT”). The writing (the “AGREEMENT”) is intended to govern and control your purchase of the free and/or paid content or product that you want to gain access to (the “PROGRAM”) from the COMPANY. The COMPANY and the CLIENT are the intended parties (the “PARTIES”) to this AGREEMENT.

 

Accepting these terms

As the CLIENT, you are entering into a legally binding agreement with the COMPANY, according to the following terms and conditions, when you do any of the following: 

• Click on “I Agree”, "Purchase Now", "Buy now", "Sign up" or any other language that is synonymous with agreeing to access the Company's content
• Email your statement of agreement
• Enter your credit card information
• Sign this agreement on this page or the reverse
• Enroll electronically in the PROGRAM
• Enroll verbally or otherwise in the PROGRAM

 

With this acceptance, the PARTIES agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT. A facsimile, electronic or emailed executed copy of acceptance of this AGREEMENT is legally binding with either a written or electronic signature and has the same effect as an originally signed copy.  

 

The COMPANY’s Services

This AGREEMENT is executed and valid, when the CLIENT accepts these terms (electronically, verbally, written and/or otherwise). The terms of this AGREEMENT are binding on any additional goods and/or services supplied by the COMPANY to the CLIENT.

 

The PARTIES agree that the PROGRAM is in the nature of educational and informational content relating to life and business.

 

The scope of services provided by the COMPANY according to this AGREEMENT is limited to those listed on the COMPANY’s website, or as part of the PROGRAM. The COMPANY reserves the right to substitute services equal to or comparable to the PROGRAM for the CLIENT if the need arises, without prior notice.

 

Confidentiality

The term “Confidential Information” means information which is not generally known to the public relating to the CLIENT’s business or personal affairs.

The COMPANY agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with the CLIENT during discussions and interactions with the CLIENT, or otherwise, without the written consent of the CLIENT.

 

The COMPANY shall keep Confidential Information of the CLIENT in the strictest confidence and shall use its best efforts to safeguard the CLIENT’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and/or theft.

 

The COMPANY’s privacy policy, terms of use, disclaimers and disclosures also apply to how the COMPANY collects, uses, stores and who has access to any personally identifiable information supplied by the CLIENT due to its enrolment in the PROGRAM.

 

PROGRAM Rules

To the extent that the CLIENT interacts with COMPANY staff and or other clients, the CLIENT agrees to behave professionally, courteously, and respectfully with staff and clients at all times. The CLIENT agrees that failing to follow these rules is cause for termination of this AGREEMENT. In the event of such a termination, the CLIENT is not entitled to recoup any amounts paid and remains responsible for all outstanding fees.

 

Disparagement

In the event that a dispute arises between the PARTIES or a grievance by the CLIENT, the PARTIES agree and accept that the only venue for resolving such a dispute is the venue identified below. The PARTIES further agree that they will not engage in any conduct or communications public or private, designed to disparage the other. Such an act constitutes a breach of this AGREEMENT.

 

Use of PROGRAM Materials

• By accepting this AGREEMENT, the CLIENT consents to recordings being made of the PROGRAM.
• The COMPANY reserves the right to use, at its sole discretion, the following: PROGRAM materials, videos, audio recordings, and materials submitted by the CLIENT (in the context of the PROGRAM); for future lecture, teaching, and marketing materials, and further other goods/services provided by the COMPANY, without compensation to the CLIENT.
• The CLIENT consents to its name, voice and likeness being used by the COMPANY for future lectures, teaching and marketing materials and further for other goods and services provided by the COMPANY, without compensation to the CLIENT.

 

No resale of services permitted

CLIENT agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the PROGRAM including materials, use of the PROGRAM, or access to the PROGRAM. This AGREEMENT is not transferable or assignable without the COMPANY’s prior written consent.

 

Termination

If the CLIENT is (1) behind on payment, or (2) otherwise in default of this AGREEMENT, then full payment is immediately due, and the CLIENT is barred from using any of the COMPANY’s services. The COMPANY is allowed to immediately collect all fees from the CLIENT and cease providing further services to the CLIENT.

 

Payment

If the Client has gained access to a free product, no fee is due. 

The CLIENT agrees to pay the COMPANY the stated fee (the “FEE”) according to the payment terms:

• As outlined on the COMPANY’s website,
• As provided through email,
• According to the Payment Schedule and the payment plan selected by the CLIENT, or
• As otherwise noted in this AGREEMENT.

 

Refunds

If the Client has gained access to a FREE product, no refund is available. 

Upon execution of this AGREEMENT, the CLIENT is responsible for the full Fee. If the CLIENT decides to cancel, not participate or changes his or her mind, the COMPANY will not provide any refund for any reason to the CLIENT.

 

Since this is a digital product, as soon as you gain access to it, you have gained access to our entire "inventory" and as we are sure you can understand - we need to protect our intellectual property. The COMPANY provides ample and reasonable opportunity to access free content that is representative of all paid content and so the COMPANY does not offer refunds on its digital or service-based products. 

 

License Types

The COMPANY provides a single-user licence for you to purchase.

 

The Single-user License gives you permission to use the PROGRAM that you purchase for yourself. You may not use the PROGRAM for doing external work with clients or share with friends and acquaintances. 

 

Chargebacks & Payment Security

To the extent that the CLIENT provides the COMPANY with credit card(s) information for payment of the FEE on the CLIENT’s account, the COMPANY is authorized to charge the CLIENT’s credit card(s) for any unpaid charges on the dates agreed to in the Payment Schedule.

 

The CLIENT shall not make any chargebacks to the COMPANY’s account or cancel the credit card that is provided as security without the COMPANY’s prior written consent. The CLIENT is responsible for any fees associated with recouping payment and collection fees associated with the chargeback. The CLIENT shall not change any of the credit card information provided to the COMPANY without notifying the COMPANY in advance.

 

Controlling AGREEMENT

In the event of any conflict between the provisions contained in this AGREEMENT and any marketing materials used by the COMPANY, the COMPANY’s representatives or employees, the provisions in this AGREEMENT will be those that decide the outcome.

 

Entire AGREEMENT

This AGREEMENT is the entire AGREEMENT between the PARTIES relating to the subject matter and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. Modification to this AGREEMENT is to be made in writing and signed by both PARTIES.

 

Limitation of liability

By using the COMPANY’s services and enrolling in the PROGRAM, the CLIENT releases the COMPANY, its officers, employees, directors and related entities from any and all damages that may result from his or participation in the PROGRAM. The PROGRAM provides content, videos, training materials, products, services and/or other materials. The CLIENT accepts any and all risks, foreseeable or non-foreseeable arising from the PROGRAM.

 

Regardless of the previous paragraph, if the COMPANY is found to be liable, the COMPANY’s liability to the CLIENT or to any third party is limited to the lesser of:

(a) The total amount of money the CLIENT paid to the COMPANY during the month prior to the action giving rise to the liability, or

(b) £0.00 GBP if this regards a free product.

 

All claims against the COMPANY must be filed with the entity having jurisdiction within 90 days of the date of the first claim or otherwise be forfeited forever. The CLIENT agrees that the COMPANY will not be held liable for any damages of any kind resulting from or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential or exemplary damages happening from the use or misuse of the COMPANY’s services or enrolment in the PROGRAM.

 

The CLIENT agrees that use of the COMPANY’s services is at the CLIENT’s own risk.

 

The CLIENT agrees that the COMPANY’s services are not a substitute for seeking professional medical advice. By accepting these terms, the CLIENT confirms that the CLIENT is solely responsible for their health and that the COMPANY will have no liability for any illness, injury, adverse health condition or other physical problems arising from the provision or use of the services (save for any personal injury or death caused by our negligence). The CLIENT must always consult his/her doctor or otherwise obtain specialist advice before taking, or refraining from any action on the basis of the services.

 

Indemnification

The COMPANY recognizes and agrees that all of the COMPANY’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the COMPANY.

 

The CLIENT shall defend, indemnify (insure and protect), and hold harmless the COMPANY, the COMPANY’s shareholders, trustees, affiliates and successors from and against all liabilities and expenses that they may incur or be obligated to pay because of their relationship with the PROGRAM.

 

These include (without limitation): claims, damages, judgments, awards, settlements, investigations, legal actions, regulatory actions, costs, attorneys’ fees, disbursements or the like that occur from or are related to this AGREEMENT. 

 

Any expenses or liabilities that result from a breach of this AGREEMENT, sole negligence, or willful misconduct by the COMPANY, the COMPANY’s shareholders, trustees, affiliates or successors are excluded from indemnification.

 

Disclaimer of Guarantee

The CLIENT accepts and agrees that he or she is 100% responsible for his or her progress and results from the PROGRAM. The CLIENT accepts and agrees that he or she is the one vital element to the PROGRAM’s success and that the COMPANY cannot control the CLIENT.

 

The COMPANY makes no representations or guarantees verbally or in writing regarding the performance of this AGREEMENT other than those specifically stated. The COMPANY and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. The COMPANY makes no guarantee or warranty that the PROGRAM will meet the CLIENT’s requirements or that all CLIENTS will achieve the same results.

 

Choice of Law/Venue

This AGREEMENT is governed and interpreted in accordance with the laws of England and Wales. This means that your access to and use of the PROGRAM, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by the laws of England and Wales.

 

Survivability

The ownership, non-circumvention, non-disparagement, proprietary rights and confidentiality provisions, and any provisions relating to payment of FEES owed set forth in this AGREEMENT, and any other provisions that by their sense and context the PARTIES intend to have survive, shall survive the termination of this AGREEMENT for any reason.

 

Severability

If any of the parts or provisions contained in this AGREEMENT are interpreted as invalid or unenforceable only that part or provision is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT.

Updated February 10, 2021.

 

Privacy Policy

Your privacy is important to us. It is Mindbodify's policy to respect your privacy regarding any information we may collect from you through our website: www.mindbodify.com

This Privacy Policy forms a part of Mindbodify’s terms of service.

 

1. Information we collect

We collect information so that we can serve you better.

 

Log data

When you visit our website, our servers may automatically log the standard data provided by your web browser. This data may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page and other details.

 

Device data

We may also collect data about the device you are using to access our website. This data may include the device type, operating system, unique device identifiers, device settings and geo-location data. What we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.

 

Personal information

We may ask for personal information, such as your:

• Name
• Email address
• Social media profiles
• Date of birth
• Phone/mobile number
• Home/Mailing address
• Payment information

 

2. Legal bases for processing

We will process your personal information lawfully, fairly and in a transparent manner. We collect and process information about you only where we have legal bases for doing so. These legal bases depend on the services you use and how you use them, meaning that we collect and use your information only where:

• It is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract (for example, when we provide a service you request from us)
• It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote our services and to protect our legal rights and interests
• You give us consent to do so for a specific purpose (for example, you might consent to us sending you our newsletter) or
• We need to process your data to comply with a legal obligation.

 

Where you consent to our use of information about you for a specific purpose, you have the right to change your mind at any time (but this will not affect any processing that has already taken place).

 

We don’t keep personal information for longer than is necessary. While we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure and we cannot guarantee absolute data security. If necessary, we may retain your personal information for our compliance with a legal obligation or in order to protect your vital interests or the vital interests of another natural person.

 

3. Collection and use of information

We may collect, hold, use and disclose information for the following purposes. Your personal information will not be further processed in a manner that is incompatible with these purposes:

• To enable you to customize or personalize your experience on our websites
• To enable you to access and use our website, associated applications and associated social media platforms
• To contact and communicate with you
• For internal record keeping and administrative purposes
• For analytics, market research and business development, including to operate and improve our website, associated applications and associated social media platforms
• To run competitions and/or offer additional benefits to you
• For advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you
• To comply with our legal obligations and resolve any disputes that we may have and
• To consider your employment application.

 

4. Disclosure of personal information to third parties

We may disclose personal information to:

• Third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, hosting and server providers, ad networks, analytics, error loggers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators
• Our employees, contractors and/or related entities
• Sponsors or promoters of any competition we run
• Credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you
• Courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights
• Third parties, including agents or sub-contractors who assist us in providing information, products, services or direct marketing to you and
• Third parties to collect and process data.

 

5. International transfers of personal information

The personal information we collect is stored and processed in the United States, or where we or our partners, affiliates and third-party providers maintain facilities. By providing us with your personal information, you consent to the disclosure to these overseas third parties.

 

We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means.

 

Where we transfer personal information from a non-EEA country to another country, you acknowledge that third parties in other jurisdictions may not be subject to similar data protection laws to the ones in our jurisdiction. There are risks if any such third party engages in any act or practice that would contravene the data privacy laws in our jurisdiction and this might mean that you will not be able to seek redress under our jurisdiction’s privacy laws.

 

6. Your rights and controlling your personal information

Choice and consent: 

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this privacy policy. If you are under 16 years of age, you must have, and warrant to the extent permitted by law to us that you have, your parent or legal guardian’s permission to access and use the websites and that they (your parents or guardian) have consented to you providing us with your personal information. You do not have to provide personal information to us; however, if you do not, it may affect your use of our websites or the products and/or services offered on or through them.

 

Information from third parties

If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

 

Restriction

You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information, you may change your mind at any time by contacting us using the details below. If you ask us to restrict or limit how we process your personal information, we will let you know how the restriction affects your use of our website or products and services.

 

Access and data portability

You may request details of the personal information that we hold about you. You may request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may request that we erase the personal information we hold about you at any time. You may also request that we transfer this personal information to another third party.

 

Correction

If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

 

Notification of data breaches

We will comply with laws applicable to us in respect of any data breach.

 

Complaints

If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.

 

Unsubscribe

To unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

 

7. Cookies

We use “cookies” to collect information about you and your activity across our website. A cookie is a small piece of data that our website stores on your computer and accesses each time you visit, so we can understand how you use our sites. This helps us serve you content based on preferences you have specified. Please refer to our Cookie Policy included below for more information.

 

8. Business transfers

If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may continue to use your personal information according to this policy.

 

 

9. Limits of our policy

Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites and cannot accept responsibility or liability for their respective privacy practices.

 

10. Changes to this policy

At our discretion, we may change our privacy policy to reflect current acceptable practices. We will take reasonable steps to inform users about changes via our website. Your continued use of our website after any changes to this policy will be regarded as acceptance of our practices around privacy and personal information.

 

If we make a significant change to this privacy policy, for example changing a lawful basis on which we process your personal information, we will ask you to re-consent to the amended privacy policy.

 

Mindbodify Contact

If you have questions about these terms of service, please contact us at:

[email protected]

 

Cookie Policy

We use cookies to help improve your experience of www.mindbodify.com. This cookie policy is part of Mindbodify's privacy policy and covers the use of cookies between your device and our website. This cookie policy also forms a part of Mindbodify’s terms of service. We also provide basic information on third-party services we may use, and these third parties may also use cookies as part of their services, although they are not covered by our policy.

 

If you don’t wish to accept cookies from us, you should instruct your browser to refuse cookies from www.mindbodify.com. with the understanding that we may be unable to provide you with some of your desired content and services. 

 

What is a cookie?

A cookie is a small piece of data that a website stores on your device when you visit, typically containing information about the website itself, a unique identifier that allows the site to recognize your web browser when you return, additional data that serves the purpose of the cookie and the lifespan of the cookie itself.

 

Cookies are used to enable certain features (e.g. logging in), to track site usage (e.g. analytics), to store your user settings (e.g. time zone, notification preferences) and to personalize your content (e.g. advertising, language).

 

Cookies set by the website you are visiting are normally referred to as “first-party cookies” and typically only track your activity on that particular site. Cookies set by other sites and companies (i.e. third parties) are called “third-party cookies” and can be used to track you on other websites that use the same third-party service.

 

 

Types of cookies and how we use them

 

Essential cookies

These are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts and payment processing. We use essential cookies to enable certain functions on our website.

 

Performance cookies

These are used in the tracking of how you use a website during your visit, without collecting personal information about you. Typically, this information is anonymous and aggregated with information tracked across all site users, to help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. We use performance cookies on our website.

 

Functionality cookies

These are used in collecting information about your device and any settings you may configure on the website you’re visiting (such as language and time zone settings). With this information, websites can provide you with customized, enhanced or optimized content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party service. We use functionality cookies for selected features on our website.

 

Targeting/advertising cookies

These are used in determining what promotional content is more relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or to limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service. We use targeting/advertising cookies on our websites.

 

Third-party cookies on our site

We may employ third-party companies and individuals on our website - for example, analytics providers and content partners. We grant these third parties’ access to selected information to perform specific tasks on our behalf. They may also set third-party cookies in order to deliver the services they are providing. Third-party cookies can be used to track you on other websites that use the same third-party service. As we have no control over third-party cookies, they are not covered by Mindbodify's cookie policy.

 

How you can control or opt out of cookies

If you do not wish to accept cookies from us, you can instruct your browser to refuse cookies from our website. Most browsers are configured to accept cookies by default, but you can update these settings to either refuse cookies altogether, or to notify you when a website is trying to set or update a cookie.

 

If you browse websites from multiple devices, you may need to update your settings on each individual device. Although some cookies can be blocked with little impact on your experience of a website, blocking all cookies may mean you are unable to access certain features and content across the sites you visit.

Mindbodify Contact

If you have questions about these terms of service, please contact us at:

[email protected]

 

Updated February 10, 2021.