In these 'Terms and Conditions' the following terms shall have the meanings set out below: 'page’ means any page on a website; 'websites’ means the websites with their home pages as set out below and 'website’ means any one of them:
https://app.establishmindfulness.com - published by Establish Mindfulness and any other site or web address owned or operated by Establish Mindfulness as may link to these 'Terms and Conditions' from time to time.
Acceptable Use Policy
You agree to abide by all applicable laws, regulations and codes of conduct and ensure that any content uploaded or distributed or stored by you does not infringe the rights of others. All material on the website and any material sent to you by e-mail or any other form from the website (the 'content’) or in any way relating to the website belong to us. You may retrieve and display content from the website on a computer screen, print a single copy of individual pages on paper and store such pages for caching purposes only, all for your personal and non-commercial use alone. We own the copyright and all other intellectual property rights associated with the content save where otherwise stated. You may not do any of the following without prior written permission from us: reproduce, other than allowed under this 'Acceptable Use Policy', or modify any of the content including research material distributed to you from our research department; redistribute any of the content (including using it as part of any library, archive or similar service); remove the copyright or trade mark notice(s) from any copies of content; create a database in electronic or structured manual form by systematically downloading and storing all and any of the content. You may not use our trademarks without our prior written permission and then only in accordance with the rights you have been granted. Other product and company names and logos mentioned or displayed in the website may be the trademarks, service marks or trading names of third parties. In accessing the website, or any one of them, you agree not to: impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or e-mail address or try to mislead others as to the identity or origin of any communications; modify, access or make available data stored on a computer device which you have accessed through our network; make available or upload files that contain software or other material, data or information not owned or licensed to you or collect information about others (e.g. names/addresses) without their prior consent; damage, interfere with or disrupt access to the website or do anything which may interrupt or impair their functionality; make any commercial or business use of the website or resell or commercially benefit from any part or aspect of the website; publish, post, distribute, disseminate or otherwise transmit defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable material or information; threaten, harass, stalk, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others; make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, 'trojan horses’, 'worms’ or any other harmful software; falsify the true ownership of software or other material or information contained in files made available via the website; obtain or attempt to obtain unauthorised access, through whatever means, to the website, other services or computer systems or areas of our or any of our partners' networks; set up links from any website controlled by you to any page, except to the home page of a particular website, without our express written permission; assist others to do any of the above. We retain the absolute right to prevent you from accessing the website, without prejudice to any of our accrued rights, where we in our sole discretion consider it right to do so or we consider in our sole discretion that you are contravening our 'Acceptable Use Policy' or any other term or condition of these 'Terms and Conditions'.
Where any of the website (or pages on any of the website) require that you register in order to use them, you are obliged to provide accurate and complete registration information. It is your responsibility to update and maintain any changes to that information (including your e-mail address) by altering your details as appropriate. Registration is for a single user only. On registration, where required you must choose a user name and password. We do not allow any of the following: any other person sharing your user name and password; access through a single user name and password being made available to multiple users on a network.
Information provided by 'Users’
The definition of user, in this context, refers to either a teacher, student or administrator. We reserve the right to take such action as we in our sole discretion deem fit in respect of any 'material', delivered to a user, which contains threatening, abusive, malicious, pornographic, obscene, defamatory, illegal, racist or inappropriate terminology. The definition of material includes any written material in the form of a document, accompanying a particular lesson, course or workshop, or material taught in either a real world venue or via Skype, Facetime, Google Hangouts or any other method of interactive video conferencing. Material also includes any information, submitted by a user, via the Establish Mindfulness content management system. The aforementioned information that is displayed on the public website must not contain any terminology that is threatening, abusive, malicious, pornographic, obscene, defamatory, illegal, racist or inappropriate. E-mail or any other form of verbal or written communication between users, in relation to an activity on Establish Mindfulness , must be conducted without the use of threatening, abusive, malicious, pornographic, obscene, defamatory, illegal, racist or inappropriate terminology. Any breach of these regulations, will result in the immediate termination of the offending user's account, and any future participation in Establish Mindfulness . We reserve the right to take such action, without the need to provide evidence for such an infringement, although, we may provide such evidence, at our sole discretion.
We reserve the right to take such action as we in our sole discretion deem fit in respect of any electronic mail ('e-mail’) which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material.
You agree that we have no control over third party content and information which can be accessed using the website and that we do not examine or edit the use to which you or others put the website or the nature of the content or information being accessed and that we are excluded from all liability of any kind arising from such content or information. You agree that except for death or personal injury arising through our negligence, to the fullest extent permitted by law, we exclude any liability whatsoever for any loss or damage arising from use of the website. You furthermore agree to indemnify us in the manner set out below in relation to your use of the website. We take all such steps as are reasonably necessary to provide a fast and reliable website, but exclude to the fullest extent permitted by law any liability for the security of the services on the website or for any disruption of the website however caused, loss of or corruption of any material in transit, or loss of or corruption of material when downloaded onto any computer systems. We provide access to the website on an 'as is’ basis and make no representations or warranties of any kind as to the website or the content. We make no representations or warranties about the accuracy, completeness or suitability for any purpose of the content published on the website. Any liability, however it occurs, for any such inaccuracies or errors are expressly excluded to the fullest extent permitted by law. A person who is not a party to this Agreement may not exercise any rights under the Contracts (Rights of Third Parties) Act 1999.
You agree to indemnify and hold us and any of our officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the website and/or a breach of the 'Acceptable Use Policy' and/or any of these 'Terms and Conditions'.
Software and Security
We are not responsible for any technical or other issues that may arise if you download software from an external third party website (e.g. Acrobat Reader) or upgrade your browser software to enhance your usage of the website.
Advertising and Sponsorship
We may terminate the provision of any of the website or restrict your access to them without any prior notice to you where (by way of example and without limitation): there is a regulatory or statutory change limiting our ability to provide a website; any event beyond our reasonable control prevents us from continuing to provide a website; or we consider in our sole discretion that it is necessary to do so or you are otherwise acting in breach of these 'Terms and Conditions'.
From time to time we may provide services through the website and pages however, the download time may vary considerably between the types of content and you agree that you are wholly liable and responsible for any telephone call and/or other charges incurred in downloading the same.
Your dealings with any third parties, in particular advertisers and/or merchants, via the website, and any terms or conditions agreed with, or representations given by, such third parties, are solely between you and such third party. You agree that we are not liable for such dealings, and you agree to indemnify us in the manner referred to in clause 6 above in relation to such dealings.
Choice of Law and Jurisdiction
These 'Terms and Conditions' shall be governed by and interpreted in accordance with the laws of England and Wales and you irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with, these 'Terms and Conditions'.
You may not assign, sub-license or otherwise transfer any of your rights under these 'Terms and Conditions'. If any part of these 'Terms and Conditions' is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected. If either party does not exercise any right or remedy under these 'Terms and Conditions', this will not be taken to mean that they have been waived.
If you have any queries concerning any part of these 'Terms and Conditions' please contact us by email, using the address indicated in the website to which your query relates.
Users are responsible for managing their own dispute resolution, including the process for handling and paying out of any refunds. Teachers are required to fulfil their obligation to teach their students at a time specified by the teacher. Once, students have booked and paid for lesson time slots, teachers have a contractual obligation to teach the subject matter specified in the schedule, in an appropriate, respectful and timely manner. Teachers are required to teach in a manner that adheres to the guidelines set out above. If for any reason, teachers are unable to fulfil this obligation, students are eligible for a full refund. Teachers are required to pay out refunds to students, within 30 days of a lesson time slot that has not had its teaching obligation fulfilled. We are not required to monitor any such dispute resolution, and will not take any responsibility for the outcome of any such dispute resolution.
Changes to these 'Terms and Conditions'
We reserve the right to make changes to any part of the website. Due to our policy of updating and improving the website, it may therefore be necessary to change these 'Terms and Conditions'. If you use any of the website after we have published such changes, you will be agreeing to be bound by those changes. If you do not agree to be bound by them, you should not use the website. We reserve the right to change any of the terms set out above in the aforementioned policy, without prior notification to users. We reserve the right to add new terms to this policy, without prior notification to users.