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.
4.
Preservation/Disclosure
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
Our Website may
contain links to other sites owned by third parties (i.e. advertisers,
affiliate partners, strategic partners, or others). We are not responsible
for examining or evaluating, and we do not warrant the products or offerings
of, any of these businesses or individuals, or the accuracy of the content of
their website. Mindful BodyWorks Inc. does not assume any responsibility
or liability for the actions, product, and content of any such
website. Before you use any third party website, you should review the
applicable terms of use and policies for such website. The inclusion of a
link in any of our Website does not imply Mindful BodyWorks Inc.’s endorsement
of such third party website. If you decide to access any such linked website,
you do so at your own risk.
8.
Privacy Policy
Mindful BodyWorks
Inc. respects your privacy and permits you to control certain aspects of the
treatment of your personal information as set forth in our Privacy Policy. A
complete statement of our current privacy policy can be found in our “Privacy
Policy”. The Privacy Policy is expressly incorporated into this Agreement by
this reference.
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
This Agreement,
together with any other terms or policies referenced herein (including without
limitation the Privacy Policy and Additional Terms), constitutes the entire
agreement between you and Mindful BodyWorks Inc. and governs your use of the
Website and Service, superseding any prior agreements between you and Mindful
BodyWorks Inc. with respect to the Website and Service.
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.
17. Contests
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.
18. Disclaimer
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.
20. Questions
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.