TERMS OF PURCHASE
The Mindfulness Journey
From Overwhelm to Ease
- Please read all of the Terms and Conditions carefully before using this website.
- When used in the Terms and Conditions, “Mindfulness” includes Mindfulness Journey and The Mindfulness Community, its subsidiaries, affiliates and respective officers, directors and employees.
- Mindfulness reserves the right to modify or otherwise update the Terms and Conditions at any time without notice.
- You should review these Terms and Conditions on a regular basis for any changes.
- Your continued use of Mindfulness constitutes your acceptance of the Terms and Conditions, as amended from time to time.
Copyright © 2018 Mindfulness. All rights reserved. This web-site, including all of its content, is the property of Mindfulness or their licensors. Please consult individual material for relevant copyright information and notices.
All content found on www.mindfulnessjourney.com is provided for information and education purposes. The website provides information on a wide range of health and medical topics. The information is not intended to substitute for the advice of a physician, nor is it intended to provide legal, accounting, financial or tax advice. You should always consult your doctor for specific information on personal health matters, or other relevant professionals to ensure that your own circumstances are considered.
LIMITATION OF LIABILITY
Mindfulness is not responsible in any manner for direct, indirect, special or consequential damages caused and/or arising from your use of www.mindfulnessjourney.com or from the purchase, licensing, use or performance of any products or services made available on this website. This disclaimer applies to any damages or injury caused by any failure of performance, error, omission, interruption, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of, information on this website.
While Mindfulness makes every effort to keep the content on www.mindfulnessjourney.com current, no representations, warranties or conditions are given (express or implied) that the site will be error-free or completely accurate at all times. The information, goods and services available on this website are provided “as is.” Mindfulness expressly disclaims any warranties of any kind, whether expressed or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose, and that your use will be uninterrupted, secure or error-free. At any time and without notice, Mindfulness may correct errors or inaccuracies and change or update the content of the website, as well as the goods and services made available on www.mindfulnessjourney.com. Mindfulness is not responsible in any manner for direct, indirect, special or consequential damages arising out of the use of this website, or of any software that may be available for download or the purchase or license of any goods or services on www.mindfulnessjourney.com.
Please read our privacy statement carefully so that you will understand how your personal information will be treated as you make use of Mindfulness. By using Mindfulness you agree to the terms of the online privacy statement.
Online dialogue participation
When you share your comments with us:
- Keep your comments relevant to the topic under discussion.
- Use English.
- Provide your opinion. Your content must be your own. Breaking copyright laws, or other proprietary laws, is not acceptable.
- Be respectful of others comments.
- The following kinds of comments are prohibited:
- Discriminatory eg., racist, sexist
- Hate speech
- Offensive or abusive eg., violent, obscene, profane, harassing
- Illegal eg., pornographic, threatening, suggesting committing a criminal act
- Violate privacy and confidentiality eg., do not include your own or another’s personal information
- Marketing eg., advertising or promotional
- Spam eg., repetitive or spamming threads
- Do not include your phone number, email address or other personal information.
Please keep in mind the views of other participants do not represent Mindfulness’s views.
You agree to indemnify Mindfulness and its respective directors, officers, employees and other users against any liability, claim, loss or damage provided such are caused by your acts or omissions.
You agree that any material you upload grants Mindfulness the non-exclusive irrevocable right to use your content royalty-free in perpetuity. You waive all moral rights in your submission and allow Mindfulness to display, copy, translate, publish, distribute, transmit, print and use such information. For example, Mindfulness may use any and/or all ideas and comments, in anonymous aggregate form, for purposes that advance the profession, stimulate Mindfulness growth and relevance, policy development, promotion. We will not, however, sell or lend your information without your consent. You give Mindfulness permission to publish your full name and city in connection with your submission.
PURCHASE/LICENSE OF GOODS/SERVICES
The purchase or license of goods and services from www.mindfulnessjourney.com are subject to all of the Terms and Conditions, and in addition to the following provisions:
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Charlene Gethons (“Teacher/Coach”), acting on behalf of The Mindfulness Journey (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
- Upon execution of this Agreement, electronically, verbally, or otherwise, the Teacher/Coach agrees to provide services in accordance with the From Overwhelm to Ease program (“Course”).
- The scope of services rendered by the Teacher/Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on Teacher/Coach’s Website TheMindfulnessJourney.com as part of the Program.
- Coach reserves the right to substitute services equal to or comparable to the Course for Client if reasonably required by the prevailing circumstances.
- Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met.
- The content included in the Course is for your individual, non-commercial use. Client agrees not to share login details and/or Program materials with any third parties.
- Teacher reserves the right to remove Client from Course at any time for any reason.
- The Course includes the following:
- Guided Audio and Video Meditations and Practices
- METHODOLOGY. Client agrees to be open minded to Teacher’s methods and partake in services as proposed. Client understands that Teacher has made no guarantees as to the outcome of the coaching sessions or Course. Teacher may revise methods or parts of the Course based on the needs of the Client.
- PAYMENT AND REFUND POLICY.
- Upon execution of this Agreement, Client agrees to pay to the Teacher the full purchase amount.
- Teacher will offer refunds for 30 days after payment of the program with proof that the Client engaged in the practices and completed the exercise. Should Client choose to leave the Course, without committing to the practices/expectations of the Course she/he will still responsible for all payments.
- Credit Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that Teacher will charge the credit card chosen by the Client for the amounts specified on the website. If Client selects a payment plan option, Client agrees to pay fees to the Teacher according to the payment schedule set forth on Teacher’s website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).
- In the event Client fails to make any of the payments within a payment plan during the time prescribed, Coach has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, and coaching calls. If Client has not paid within fourteen (14) days, Coach has the right to terminate agreement and may seek legal action.
- Mindfulness or its suppliers reserve the right, in their sole discretion, to make any necessary updates, modifications and adjustments at any time without prior notice to product descriptions, warranties and prices due to errors, product discontinuation, changing costs, new market conditions or any other business factor.
- All prices are in Canadian dollars unless otherwise indicated, and subject to applicable provincial and federal sales tax, handling charges and shipping charges. Details are provided at time of ordering. You will be informed of total charges and asked to confirm the transaction before it is charged to your credit card. You are responsible for all fees and taxes incurred by you. All orders for shipment outside of Canada may be subject to additional taxes, shipping charges, customs and duties, all paid and provided for solely by you. Returns policies and after-sales support vary depending on the merchant.
- GOODS/SERVICES OF OTHER MERCHANTS. There may be links to the websites of other merchants offering goods or services for purchase or license. Each merchant is responsible for setting and explaining the applicable shipping, return, security, warranty and other purchase or licensing policies. Mindfulness does not guarantee, warrant or endorse any product or service sold by these merchants, nor does Mindfulness hold any liability or responsibility for the quality or performance of any product or service sold to you by any merchant. The purchase or license of any product or service from these merchants is a transaction solely between you and that merchant. Mindfulness holds no responsibility or liability for any merchant or your relationship with such merchant. Any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant.
- By participating in the Course, Client acknowledges that the Teacher is not acting as a medical doctor, psychologist, and her services do not replace the care of other professionals. Health coaching and teaching is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice.
The Teacher may provide the Client with information relating to products that the Teacher believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Teacher may make dietary and/or lifestyle suggestions, but these are wholly the Client’s responsibility and choice on whether to implement such changes. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided. Use of Course is at Client’s own risk. Any use of videos requiring physical activity are done at Client’s discretion and Coach will not be held liable for any injury that could result from utilizing videos.
The Coach may provide Client with third-party recommendations for such services as health, physical therapy, lifestyle, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
Any testimonials or examples shown through Coach’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s programs and/or services. Client acknowledges that Coach has not and does not make any representations as to the future result that may be derived as a consequence of use of Coach’s website, programs, products or services.
- WAIVER OF LIABILITY. You are participating in online and/or in person coaching, classes or services during which You will receive information and instruction about physical activity, yoga, or similar and You acknowledge that activity may require physical exertion, which may be strenuous and may cause physical injury, and Client is fully aware of the risks and hazards involved. You acknowledge that it is Your responsibility to consult with a physician prior to and regarding participation in any physical fitness program. You represent and warrant that You have no medical condition that would prevent Your participation in physical fitness activities. Client agrees to assume full responsibility for any risks, injuries or damages, known and unknown, which You might incur as a result of participating in online and/or in person coaching, classes or services. Client knowingly, voluntarily, and expressly waives any claims You may have against the Company, or the instructor, for injuries or damages that You may sustain as a result of participating in coaching or classes.
- INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of this Program, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. The Coach reserves the right to immediately remove Client from the Program, without refund, if you are caught violating this intellectual property policy.
- RECORDING AND REDISTRIBUTION OF CALLS. Client acknowledges that group coaching sessions and/or group calls may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Coach.
- Company may take photographs, videos, or audio recording during the Program that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in the Program, Client is consenting to being recorded and photographed and to the use of Client’s likeness, writing, and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.
Client agrees that the Company may use any written statements, images, audio recordings or video recordings of Client obtained while enrolled in the Course. This includes any content Client may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Customer’s participation in the Course.
Client waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Client waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client, their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client estates have or may have by reason of this authorization.
- NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
- GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
- DISCLAIMER OF WARRANTIES. The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
- LIMITATION OF LIABILITY. By using The Mindfulness Journey services and purchasing this Program, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Coach will not be held liable for any damages of any kind resulting 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 Program. Client agrees that use of this Program is at user’s own risk.
- DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the International Court of Arbitration (ICC). The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Ottawa, ON or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
- GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of Ontario within Canada, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and affect and shall in no way be affected, impaired, or invalidated.
- ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.