Terms and Conditions
1.1 These terms and conditions shall govern your use of our website https://www.mindmotions.com and all associated sites and services.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services we will ask you to expressly agree to these terms and conditions.
1.4 To register on our website as a user or use the website you must be at least 18 years of age. By using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age. Customers using the website who are Minor or under the age of 18 shall not register as a user of the website and shall not transact on or use the website
- Copyright notice
2.1 Copyright (c) 2018 MindMotions FZ LLE.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, or our licensors, own or control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
(c) in cases where we do not own the copyright and other intellectual property rights, we have been granted the right to sell or publish the material on our website
- Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream free audio and video files from our website;
(e) download documents and other files from our website that are specified on the website as downloadable, store and view them on your computer, and print copies of them; and
(f) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions, and providing that you will have no right to access or use materials that are only available under a subscription unless you have purchased a relevant subscription and that subscription is current.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer unless it has been explicitly permitted on the website or through a purchase.
3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
- Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
- Use on behalf of organisation
5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organisational project,
to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity.
- Registration and accounts
6.1 You may register for an account with our website by completing and submitting the account registration form on our website and clicking on the verification link in the email that the website will send to you.
6.2 You must not allow any other person to use your account to access the website.
6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.4 You must not use any other person’s account to access the website
- User login details
7.1 If you register for an account with our website, you may be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 13; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
- Cancellation and suspension of account
8.1 We may:
(a) edit your account details;
(b) temporarily suspend your account; and/or
(c) cancel your account,
at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section
8.2 You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.
- Training course purchases or subscriptions
9.1 To become a subscriber to a course or training course on our website, you must pay the applicable subscription or purchase fees after you have registered for an account with our website. We will send you an acknowledgement of your order. If your order is accepted, we will send you an order confirmation by email within 24 hrs of payment, at which point the contract between us for the supply of the website services shall come into force.
9.2 You will have the opportunity to identify and correct input errors prior to making your order sending an email to firstname.lastname@example.org.
9.3 For so long as your account and subscription remain active in accordance with these terms and conditions and subject to the other provisions of these terms and conditions, you will have access to the course materials and website features specified on our website in relation to the training course for which you have subscribed.
9.4 We may from time to time vary the benefits associated with a subscription by giving you written notice of the variation, providing that, if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you any amounts paid to us in respect of any period of subscription after the date of such cancellation.
9.5 At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on our website before the date of renewal.
- Contacting a Coach through Our Website
10.1 The Website is a platform to connect coaches and potential clients. It is herewith emphasized that MindMotions does not provide or is intended to provide any form of counseling, psychotherapy, psychiatry or any other form of psychological service that require a professional accreditation.
10.2 You have the option to contact the coaches listed on our website through the contact form. MindMotions will use its best endeavors to select and offer qualified coaches; however, MindMotions is not responsible for the work of the independent coaches. Although our coaches go through an assessment, we cannot guarantee the accuracy of the information provided by the coach and MindMotions does not take any responsibility for incorrect information provided by the coaches. You also understand that MindMotions takes no responsibility for the success of your work or relationship with the coach. It is your sole responsibility to verify and assess the qualification and suitability of the coach for your requirements.
10.3 You herewith acknowledge the difference between coaching and counseling, psychotherapy, psychiatry and any other form of treatments or therapy in psychology and psychiatry. Coaching is generally about providing assistance and guidance to people looking for personal growth or changing certain aspects of their lives. This is fundamentally different from counseling, psychotherapy, psychiatry and any other form of medical treatments or therapy in psychology and psychiatry, which requires licensed professionals.
10.4 In case you are under treatment for a mental disorder or any other psychology or psychiatry treatment it is advised that you consult your medical practitioner prior to any coaching.
10.5 You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including consultations with Coaches listed on the Site. MindMotions does not warrant and is not responsible for ensuring that users of the Services are in compliance with the Agreement. You agree to take all necessary precautions when communicating with or meeting individuals through any of the Services.
10.6 To the extent that the contacts to the coaches through our website are provided free of charge, we will not be liable for any loss or damage of any nature from providing this service or any loss or damage that you may suffer from the potential cooperation with the coach.
11.1 The fees in respect of our website services will be as set out on the website from time to time.
11.2 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
11.3 You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.
11.4 Visa and Master Card payments are accepted in USD. Cardholder must retain a copy of transaction records and Merchant policies and rules
11.5 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
11.6 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
11.7 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
11.8 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
12. Cancellation and Refunds
12.1 This Section 12 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
12.2 Once you have paid for and received access to a course a cancellation is not possible, and no refunds will be paid after access has been given. This is independent of whether access has been used or any material has been downloaded.
12.3 Memberships can be cancelled with 1 month notice and any prepayment made will be refunded on a pro rata basis. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
12.4 We will process the refund due to you as a result of a cancellation on the basis described in this Section 12 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation. We will refund money using the original method used to make the payment and will be processed within 10 to 45 days depends on the issuing bank of the credit card. In any case, you will not incur any fees as a result of the refund.
- Your content: licence
13.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
13.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store and publish your content on and in relation to this website and any successor website.
13.3 You grant to us the right to sub-license the rights licensed under Section 12.2.
13.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 12.2.
13.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
13.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
13.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
- Your content: rules
14.1 You warrant and represent that your content will comply with these terms and conditions.
14.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
14.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
- Report abuse
15.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
15.2 You can let us know about any such material or activity [by email or using our abuse reporting form].
- Limited warranties
16.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
16.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
16.3 To the maximum extent permitted by applicable law and subject to Section 16.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
- Limitations and exclusions of liability
17.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
17.2 The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions:
(a) are subject to Section 16.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
17.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
17.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
17.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
17.6 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 16.6 shall not apply.
17.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 16.7 shall not apply.
17.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
17.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:
(a) 100USD; and
(b) the total amount paid and payable to us under the contract.
18.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
- Breaches of these terms and conditions
19.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
19.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation creating and/or using a different account).
- Third party websites
20.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
20.2 We have no control over third party websites and their contents, and subject to Section 16.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
- Trade marks
21.1 MindMotions, our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
21.2 The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.
22.1 We may revise these terms and conditions from time to time.
22.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.] OR [We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
22.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
23.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
23.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
24.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
24.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third party rights
25.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
25.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
26.1 Subject to Section 16.1, these terms and conditions, together with [our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
- Law and jurisdiction
27.1 These terms and conditions shall be governed by and construed in accordance with the law of the United Arab Emirates
27.1 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of the United Arab Emirates.
- Statutory and regulatory disclosures
28.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
28.2. These terms and conditions are available in the English language only.
28.3 We are registered in as a trade mark “MindMotions” with the European Union and the United States of America.
28.4 We are subject to the corresponding authorities
28.5 We will not trade with or provide any services to OFAC and sanctioned countries.
29. Our details
- 29.1 https://www.mindmotions.com is owned and operated by MindMotions FZ LLE.29.2 We are registered in the United Arab Emirates under registration number 13308/2018
29.3 Our principal place of business is at Fujeirah Creative Tower PO Box 4422 Fujeirah, UAE.
29.4 You can contact us:
(a) using our website contact form;
(b) by email to email@example.com