Website Terms & Conditions of Use
Terms and Conditions of Use
We welcome you to the Mindfulbodyworks.ca website (the “Website” or “mindfulbodyworks.ca”). The Website is designed to provide information about yoga wellness, and to create a community of like-minded people interested in the topics we discuss (the “Service”). The Website is owned by Mindful BodyWorks Inc., Inc. (“Mindful BodyWorks Inc.”).
PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE.
1. Acceptance of Terms
The Terms and Conditions of Use Agreement (this “Agreement”) sets forth legally binding terms for your use of the Website. By using our Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse one or more of our Websites) or you are a “Member” (which means that you have registered on one of our Websites as a user). If you do not accept the terms of this Agreement, you should leave our Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on any of our Website. You agree to be bound by any modification to this Agreement when you use any of our Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. General Registration Requirements
If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Website (the “Registration Data“) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mindful BodyWorks Inc. reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Use of the Service and membership on our Website is void where prohibited.
3. Member Account, Password and Security
If you register on our Website, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of the password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Mindful BodyWorks Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Mindful BodyWorks Inc. will not be liable for any loss or damage arising from your failure to comply with this paragraph.
You acknowledge, consent and agree that Mindful BodyWorks Inc. may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Mindful BodyWorks Inc., its Members and the public. Under no other circumstances will Mindful BodyWorks Inc. intentionally disclose your account information to any third party.
5. Security Components
You understand that our Website and software embodied within our Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Mindful BodyWorks Inc. and/or content providers who provide content to Mindful BodyWorks Inc.. You may not attempt to override or circumvent any such security components and usage rules embedded into our Website.
6. Mindful BodyWorks Inc. and Third Party Content
Our Website contains Content of Mindful BodyWorks Inc. (“Mindful BodyWorks Inc. Content“), and Content of third party licensors to Mindful BodyWorks Inc. (including content provided by users of our Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Mindful BodyWorks Inc. owns and retains all rights, title and interest in the Mindful BodyWorks Inc. Content. Mindful BodyWorks Inc. hereby grants to you a limited, revocable, non-sublicensable license to reproduce and display a single copy of the Mindful BodyWorks Inc. Content and any third party Content located on or available through our Website or Service (excluding any software code therein) solely for your personal, non-commercial use in connection with viewing our Website and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Website or Service.
7. Other Sites
9. Copyright Policy
Mindful BodyWorks Inc. has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on our Website or with the Service. Mindful BodyWorks Inc. reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or our Website by any user who is alleged to have infringed on the intellectual property rights of Mindful BodyWorks Inc. or of a third party, or otherwise violated any intellectual property laws or regulations. Mindful BodyWorks Inc.’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Mindful BodyWorks Inc. to delete, edit, or disable the material in question, you must provide Mindful BodyWorks Inc. with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Mindful BodyWorks Inc. to locate the material; (d) information reasonably sufficient to permit Mindful BodyWorks Inc. to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Mindful BodyWorks Inc. either by e-mail, or by Canadian mail to our designated agent for notification of infringement.
10. Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on any of our Website. You may terminate your membership at any time, for any reason, by following the instructions on the Profile page. Mindful BodyWorks Inc. reserves the right to terminate your account or your access to our Website immediately, with or without notice to you, and without liability to you, if Mindful BodyWorks Inc. believes that you have breached any of the terms of this Agreement, furnished Mindful BodyWorks Inc. with false or misleading information, or interfered with use of the Website or the Service by others.
11. Additional Terms
We may also require you to follow additional rules, guidelines or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through our Website, to obtain certain premium Content through our Website, or for other reasons. In addition, certain Additional Terms will govern any purchases you make through the online stores located on our various Website. These Additional Terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These Additional Terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
12. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Website.
13. Entire Agreement
14. Credit Card Security
Ordering from Mindful BodyWorks Inc. is safe and secure. Once you click on “Check Out,” you are on a secure server that uses Secure Socket Layer (SSL) advanced encryption technology. Your credit card information is encrypted when it is transmitted to us and is stored in a secure environment. SSL makes it virtually impossible for unauthorized parties to read any of the information you send us via the secure server. Your credit card information is never reused except to issue refunds, and your credit card is charged only when your order is shipped. For your own safety, please don’t ever use email to send us your credit card information. Use the secure ordering form instead, or call us at 647-748-8399.
15. Price and Payment
You agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time a purchase is made. We reserve the right to institute new fees or charges effective upon notice to you. When prompted to do so, you must provide us with valid credit card information. If payments that cannot be charged to your credit card are returned to us for any reason, we reserve the right either to suspend or terminate your order, thereby terminating all further obligations by Mindful BodyWorks Inc. You are responsible for maintaining the confidentiality of your password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, ID, or any credit, debit or charge card number stored anywhere on our Website), you must promptly change your password and notify us of the problem to avoid possible liability for any unauthorized charges to your account.
16. Currency of Transaction
We accept Canadian currency (CAD) only for our online transactions.
We may from time to time offer participation in promotional contests on our Website. Your participation in these contests is governed by the express rules applicable to each such contest or sweepstakes.
THE WEBSITE AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE FROM THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MINDFUL BODYWORKS INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MINDFUL BODYWORKS INC. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE AND THE SERVICES. MINDFUL BODYWORKS INC. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MINDFUL BODYWORKS INC. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS OR CONTENT IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL MINDFUL BODYWORKS INC. BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF ANY SERVICES OR PRODUCTS FOUND ON ITS WEBSITE. MINDFUL BODYWORKS INC. CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS IN CONNECTION WITH ITS SERVICES OR PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY LAW, MINDFUL BODYWORKS INC. DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. COMPANY MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE WEBSITE.
19. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MINDFUL BODYWORKS INC. , OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MINDFUL BODYWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR ITS SERVICES OR PRODUCTS, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICES OR PRODUCTS, FROM INABILITY TO USE THE WEBSITE OR THE SERVICES OR PRODUCTS, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICES OR PRODUCTS. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR PRODUCTS OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR PRODUCTS OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOUR USE OF MATERIALS FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
If you have any questions regarding this Agreement, please us by email, or by mail at 1278 St. Clair Ave West. Unit 14, Toronto, ON. Canada. M6H2S1
These “Terms of Condition of Use” were last updated on January 1th, 2018.