Welcome to Mind and Flex!
These are the terms and conditions for:
These websites are property of Mind and Flex. for the remainder of this document Mind and Flex will be referred to as “Mind and Flex”. The following terms and conditions (hereinafter referred to as the “Agreement“) apply to all websites, products and services offered by “Mind and Flex”. This includes the mobile and tablet versions as well as any other version of Mind and Flex accessible via desktop, mobile, tablet, social media, internet television or other devices (hereinafter referred to as the “Service“).
Mind and Flex
Mind and Flex Academy offers programmes that were thoughtfully designed by professional knowledgeable instructors. Our services include our very own membership, online programs, courses, group classes, hands-on therapy and the Psych-K® program, all focusing on help people find mental, physical and spiritual balance.
1. Acceptance of Terms
- This Agreement sets forth legally binding terms for your use of Mind and Flex. By using Mind and Flex, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Mind and Flex websites) or you are a “Member” (which means that you have registered on Mind and Flex as a user). If you do not accept the terms of this Agreement, you should leave the Mind and Flex websites 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 Mind and Flex. You agree to be bound by any modification to this Agreement when you use Mind and Flex 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 and 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 United Kingdom or another applicable jurisdiction. You also agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Mind and Flex (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, Mind and Flex 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) at any time. Use of the Service and membership on Mind and Flex is void where prohibited.
Content on Mind and Flex is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Mind and Flex. Mind and Flex reserves all rights not expressly granted in and to Mind and Flex and the Content.
3. Health Disclaimer
Physical exercise, in all of its forms that may be suggested by a Mind and Flex instructor or content, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the courses on Mind and Flex. Mind and Flex is not a medical organisation and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments are not required to be performed by you while viewing Mind and Flex videos. Nothing contained in Mind and Flex should be construed as any form of such medical advice or diagnosis.
By using Mind and Flex you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Mind and Flex, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Mind and Flex, or any person or entity involved with Mind and Flex, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
Mind and Flex and any content offered by, is not directed to persons under eighteen (18) years of age, and by providing information about yourself to Mind and Flex you are representing that you are eighteen (18) years of age or older.
5. Member Account, Password and Security
If you register on Mind and Flex, 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 your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify Mind and Flex of any unauthorised 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.
You may never use another Member’s account without prior authorisation from Mind and Flex. Mind and Flex will not be liable for any loss or damage arising from your failure to comply with this Agreement.
6. Responsibility for Content
Mind and Flex does not control the Content posted and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Mind and Flex be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
7. Rejection/Removal of Content
You acknowledge that Mind and Flex may or may not pre-screen Content posted, that Mind and Flex is not responsible for behaviour or comments of teachers and/or students and/or music on Mind and Flex, but that Mind and Flex shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, Mind and Flex shall have the right to remove any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Mind and Flex.
8. Termination or Suspension of Account
You agree that Mind and Flex may at any time and for any reason, including a period of account inactivity, terminate your access to Mind and Flex Services, or restrict or suspend your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
9. Security Components
You understand that Mind and Flex and software embodied within Mind and Flex may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Mind and Flex and/or content providers who provide content to the Mind and Flex platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Mind and Flex.
10. Proprietary Rights
All materials on Mind and Flex, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Mind and Flex or by third parties that have licensed or otherwise provided their material to the Websites. You acknowledge and agree that all Materials on Mind and Flex are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Mind and Flex, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Mind and Flex’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorised attempt to modify any Material, to defeat or circumvent any security features, or to utilise Mind and Flex or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
11. Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by Mind and Flex. Unauthorised framing of or linking to any of Mind and Flex is prohibited. Commercial advertisements, affiliate links, and other forms of Content without notice and may result in termination of membership privileges.
12. Mind and Flex and Third Parties
Mind and Flex contains Content of third-party licensors to Mind and Flex, which is protected by copyright, trademark, patent, trade secret and other laws. Mind and Flex owns and retains all rights, title and interest in the Content. Mind and Flex hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Content and any third party Content located on or available through Mind and Flex or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Mind and Flex and using the Service.
Any dealings with third parties included within or on Mind and Flex involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Mind and Flex is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Mind and Flex does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Mind and Flex or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Mind and Flex is provided to you for informational purposes only. Mind and Flex encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Mind and Flex works to ensure the information on Mind and Flex is current and accurate.
13. International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from United Kingdom or the country in which you reside.
14. Account Deletion and Termination
This Agreement shall remain in full force and effect for so long as it is accessible here.
Access termination: You may terminate your subscription membership at any time, for any reason, by following the instructions on Mind and Flex. However, Mind and Flex does not give refunds. This means that your termination will only result in the deletion of the account.
Mind and Flex reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Mind and Flex believes that you have breached any of the terms of this Agreement, furnished Mind and Flex with false or misleading information, or interfered with use of the websites or the Service by others.
Subscription pricing: When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Mind and Flex later increases the price of the subscription, Mind and Flex will notify you.
Fraud: Mind and Flex reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
16. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF Mind and Flex SHALL BE AT YOUR SOLE RISK.
Mind and Flex AND THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, Mind and Flex, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF. Mind and Flex MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF Mind and Flex’s CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES, (III) ANY UNAUTHORISED ACCESS TO OR USE OF Mind and Flex SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM Mind and Flex, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH Mind and Flex BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Mind and Flex WEBSITES.
17. Limitation on Liability
IN NO EVENT SHALL Mind and Flex, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF Mind and Flex, (III) ANY UNAUTHORISED ACCESS TO OR USE OF Mind and Flex SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM Mind and Flex, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH Mind and Flex BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE Mind and Flex IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Mind and Flex SHALL NOT BE LIABLE FOR CONTENT POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON Mind and Flex DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY Mind and Flex OR ANY OF ITS EMPLOYEES. Mind and Flex IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT ON THE WEBSITES OR THIRD PARTY WEB PAGE ACCESSED FROM Mind and Flex, NOR DOES Mind and Flex WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY WEBSITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
Mind and Flex RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON Mind and Flex THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON Mind and Flex.
18. Exclusions and Limitations
Those who access or use Mind and Flex from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
You agree to defend, indemnify and hold harmless Mind and Flex, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from:
(i) your use of and access to Mind and Flex;
(ii) your violation of any term of this Agreement;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of Mind and Flex.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mind and Flex without restriction.
21. Integration Clause
22. Waiver and Severability of Terms
The failure of Mind and Flex to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
23. Governing Law
This Agreement shall be governed by the laws of United Kingdom, without respect to its conflict of laws principles. Any claim or dispute between you and Mind and Flex that arises shall be decided exclusively by a court of competent jurisdiction located in United Kingdom.
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