MINDFUL-PRATIQUE TERMS AND CONDITIONS

Last Updated: 6th of June 2020

  1. OVERVIEW OF THESE CONDITIONS

You are required to read the provisions in this Terms and Conditions document and agree to it as it relates to your use of the Mindful-Pratique services and platforms, including your purchase of items and services through our website and your use of all our social media channels (collectively, our “Services”). Please, read all the terms and conditions.

You are also expected to print a copy of these Conditions for future reference and read all other policies and agreements established through the website, including our Privacy Policy.

In these Conditions, “M+P” or “we” or “us” or “our” refers to Mindful-Pratique and subsidiaries while “you” or “user” refers to anyone accessing our website and/or purchasing items through it.

Your use of our Services constitutes your acceptance of these Conditions. If, otherwise, you do not agree to be bound by provisions in these Conditions; you do not have our permission to use our Services, including accessing our website and purchasing from us.

  • DEFINITIONS

Terms and Conditions” means conditions and any of their subsequent modifications and updates. The term “Terms and Conditions” includes by reference, as applicable, the additional terms that are more specifically applicable to Service to which You may purchase via the website and to their subsequent modifications and updates (hereinafter “Additional Terms”).

 “Service” means the online service provided by M+P in particular via this website accessed and used on the Website. The Service consists of Virtual workshops and educational training relating to mindfulness, expressive arts, and psychotherapeutic practices. It includes basic features and additional options that can be chosen by You.

User”, “You” or “Your” is used to designate the natural or legal person, consumer or professional, who accepts these Terms and Conditions, and is thus authorized by M+P to access and use it in accordance with these Terms and Conditions.

Defined terms can be used in a singular or plural form.

  • REGISTRATION

Some portions of this website require you to register and create an account and associated log-in credentials, and you may not be able to access certain Content or features, functionalities, or services of M+P, without creating and logging into such an account. You agree to provide true, accurate, and current information when creating an account, and you are responsible for updating your account information as needed to ensure it remains current.  You are responsible for maintaining the confidentiality of your log-in credentials, and you hereby acknowledge and agree that you are fully responsible and liable for all usage and activities that occur under your account, whether authorized by you or not.

You agree to notify M+P immediately if you know of or suspect any unauthorized use of your account or password or any other breach of security related to your account.  Notwithstanding anything to the contrary in these Terms, M+P reserves the right to deny the creation of, suspend access to or terminate any account(s), or to remove or modify content, features, functionalities and/or services available to account holders, at any time in its sole discretion and without prior notice or liability to you.

  • ACCESS AND USE 

All materials contained in this Site are protected and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your use and you must keep all copyright and other proprietary notices attached to the downloaded material.

You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent, or other automatic devices, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches, or monitor any portion of the website.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of M+P or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting M+P in writing to email at hello@mindful-pratique.com

  • PAYMENT AND FEES

To purchase any of the services we offer on the website, you must provide certain personal information, including billing information for your preferred services, and such services will be made available to you. Confirmation of payment will be forwarded to your email address upon approval of your order. We reserve the right to cancel your order at any time if your payment obligation has not been met or you violate any provision under these terms.

By purchasing any of the services we offer via the website, you hereby agree to these terms and any other additional terms of service attached to that item.

Pricing: The Services available on this website are available in United State Dollars.

Payments: You may pay for any of our services by using the available payment methods during checkout. The supported payment methods include PayPal and Credit Cards such as MasterCard, American Express, and Visa. When you submit the relevant payment information, your payment method will immediately be charged after purchasing your preferred services. By purchasing any of our services and by submitting your payment information, you agree to be charged for the relevant charges as described in the order details. You also agree to our use of your payment information and other information we collect as described in our Privacy Policy.

  • REFUNDS

Except as provided in this Agreement all monies are non-refundable.

  • ACCOUNT TERMINATION

You may terminate your account with us by sending a cancellation request to M+P.

You can ask to cancel your account and give us notice by providing your registration details by sending a mail to hello@mindful-pratique.com or by completing the “Contact us” form on our website. We will send you a confirmation once we have processed your cancellation. This could be by email, letter, or a receipt, depending on how you tell us you want to cancel your account and/or membership. Please tell us if you do not receive this.

Termination by M+P

We may terminate your account and/or membership immediately by emailing you:

  • If you breach these Terms and you fail to resolve the issue within 14 days of us giving you notice to do so if the breach is capable of remedy.
  • If you have provided us with false details during registration or have not disclosed to us changes to your details during your account as warranted by you in this Agreement.
  • RESTRICTIONS ON USE

The contents of this site are protected by copyright and trademark laws and are the property of their owners. Unless we say otherwise, you may access the materials located within the Site only for your personal use. This means you may download one copy of posted materials on a single computer for personal, non-commercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights in that material.

You may not modify, copy, publish, display, transmit, adapt, or in any way exploit the content of the Site. Only if you obtain prior written consent from us and all other entities with an interest in the relevant intellectual property may you publish, display, or commercially exploit any material from the Site.

You must abide by all additional copyright notices or other restrictions contained in any of the Site.

You agree not to do any of the following while using the Site:

  • harass, stalk or otherwise abuse another user;
    • transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Site), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
    • transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
    • upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site.
    • impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
    • transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
    • violate any applicable local, state, federal or international law, rule, or regulation.
  • INTELLECTUAL PROPERTY

The content available on the website (“Website Content”), including the logos and trademarks (“Marks”), are licensed to M+P and are subject to copyright, trademark, and other intellectual property rights under the United State of America (“USA”), foreign laws, and international conventions. The Website Content includes, but is not limited to, the source codes, database, website design, functionalities, videos, audios, texts, images, graphics, and items available on the website.

The logos, designs, page headers, names, script, graphic, button icons, and footers are registered trademarks or common law trade dress of M+P in the USA and other parts of the world. M+P trademarks and trade dress may not be used in combination with any other products, services, or goods in a manner that is likely to confuse. You do not have our permission to copy, imitate, or use it without getting written approval from us.

M+P provides the Website Content to users on “AS IS” basis for information and personal use purposes. Users may not copy, reproduce, distribute, advertise, transmit, license, sell, or exploit it for any other purposes without seeking written consent from us.

  1. COPYRIGHT

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of M+P or its content suppliers and protected by the United States and international copyright laws. The compilation of all content on this site is the exclusive property of M+P and protected by the U.S. and international copyright laws.

  1. LIMITED LICENSE

Subject to your compliance with these Conditions, M+P hereby grants you a limited, non-transferable, non-exclusive, non-sublicensable license to use the website and the Website Content for your personal and non-commercial use only.

However, the license granted hereunder does not include: (i) the resale of any items purchased from us; (ii) the extraction of data through data-gathering and extraction tools such as bots and miners; and (iii) the removal or erasure of any Intellectual Property or Website Content available on the website or any of our platforms.

  1. PARENTAL PERMISSION; MINIMUM AGE REQUIREMENT

This Site is not directed to persons under the age of 18. The use of any of the Site’s services is not directed to persons under the age of 18. We will not knowingly collect personally identifiable information from persons under 18. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN’S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSERS’ PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.

We hereby require all users of the Site to be over 18 and all users of M+P site to be over 18. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 18, you agree to immediately stop accessing the Site. If you are accessing the Site, you represent that you are at least 18 years of age.

  1. LIMITATION OF LIABILITY

ON NO CIRCUMSTANCES SHALL M+P BE LIABLE TO YOU OR ANY THIRD PARTY FOR (I) ANY LOSS OR DAMAGES YOU MAY SUFFER DUE TO BREACHES THAT WERE NOT CAUSED BY THE US, (II) ANY LOSS OF DATA, GOODWILL OR OTHER LOSSES, (III) INDIRECT OR CONSEQUENTIAL LOSSES THAT WE OR YOU WERE NOT ABLE TO FORESEE WHEN YOU STARTED USING OUR SERVICES.

FURTHERMORE, M+P SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY TO PERFORM OUR OBLIGATIONS AS DESCRIBED UNDER THESE CONDITIONS IF SUCH FAILURE OR DELAY IS A RESULT OF CIRCUMSTANCES WHICH ARE BEYOND OUR REASONABLE CONTROL SUCH AS SEVERE WEATHER CONDITIONS, INTERNET BREAKDOWNS, WAR, ACTS OF GOD, GOVERNMENT EMBARGO, AND WEBSITE MAINTENANCE. HOWEVER, THIS DOES NOT AFFECT YOUR LEGAL RIGHTS REGARDING THE RIGHT TO RECEIVE YOUR ORDERED ITEMS OR GET A REFUND WHERE APPLICABLE.

CERTAIN STATE/COUNTRY LAWS DO NOT PERMIT SOME OR ALL OF THE LIMITATIONS STATED ABOVE. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

  1. INDEMNIFICATION

You shall indemnify, defend, and hold M+P, its subsidiaries, affiliates, officers, employers, directors, shareholders, predecessors, successors in interest, and other agents, harmless from and against any claim, demand, suit, cause of action, proceeding, loss, liability, damage or expense (including reasonable attorney fees) arising out of or related to your use of the Site, including, without limitation, any violations by you of the Terms and your use of or reliance on any search results.

  1. DISCLAIMER

Your use of the Site is at your sole risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

M+P and its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

  1. MODIFICATIONS

Modifications to these Conditions: M+P reserves the right, at our discretion, or due to developments, to amend, change, review, or modify a portion or whole of these Conditions from time-to-time (with or without notice to you). If you will be notified of any modification, it will be communicated to you via your email address as submitted when you purchase from us or contact us. Also, any modification to these Conditions will take effect by posting the modified portion to this page and updating the Last Updated date above. You are obligated to frequently review these Conditions to watch out for modifications to it.

Modification to our Services: In like manner, we reserve the right to modify or change a portion of any of our Services, including without limitation, changing the prices of the items and modifying or introducing a feature on the website. If we change the price of any item, such a price will not affect you if you have already placed an order for such an item before the changes.

  1. GOVERNING LAW AND JURISDICTION

These Conditions and any dispute arising out of your use of the website and our Services shall be governed by the English law. You hereby submit to the courts in the United State of America as the jurisdiction.

  1. ENTIRE AGREEMENT

These Conditions represent the entire agreement and understanding between you and us, and it supersedes all previous communications and agreements between us both (whether oral or written) in relation to your use of our Services.

  1. ASSIGNMENT

You may not assign your rights and obligations under these Conditions to a third party without our written consent.

We, on the other hand, reserves the right to assign our rights and obligations hereunder to contractors and subcontractors to carry out tasks on our behalf.

  • SEVERABILITY

If any provision under these Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such an invalid or unenforceable provision shall be severed and shall not affect the validity and enforceability of the other valid and enforceable provisions.

  • WAIVER 

A failure to exercise or enforce our right at a point upon your breach of these Conditions does not subsequently waive our right to exercise or enforce such right on similar or other breaches.

  • ELECTRONIC COMMUNICATION

Your use of our Services and the transfer of messages via email constitute electronic communications between us both. For contractual purposes, you hereby agree that all notices, agreements, policies, and communications provided to you electronically satisfy any legal requirement that such communications be in writing unless the law specifically requires other forms of communication.

  • CONTACT US

If you have any questions about these Terms and Conditions or your account, you may contact us by email at hello@mindful-pratique.com

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