Terms of Service
Effective date: 09.03.2021
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.
Contact Us
If you have any questions, concerns or complaints, please contact us:
- By email: info(at)mindbodify.com
