Terms & Conditions – Body Comes to Mind

Term & Conditions

By using this website, you are deemed to have read and agreed to the following terms and conditions:

Through this communication we will do our best to provide you (“visitor”, “student”, “learner”, “client”, “customer”, “consumer”, “you”, and “yours”) with the terms of use and conditions (“Terms”) involved when using the Body Comes to Mind website and e-learning platforms (“Service”, “Website”, “Site”, “Content”, “Courses”): www.bodycomestomind.com. Please read these Terms carefully before using the Service operated by Body Comes to Mind (“us”, “we”, “our”).

Please read these terms carefully and alongside and in addition to our policies, including our Privacy and Cookies policies. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use, the specific terms will control. Unless otherwise indicated, all material on this site.

Should you have questions regarding these Terms or wish to contact us for any reason please click on Contact from the website menu and send us a link via the form provided or send an email directly to info@bodycomestomind.com.

By accessing or using the Service you agree to be bound by these Terms, without limitation or qualification. If you disagree with any part of the terms then you may not access the Service and must immediately stop using the website.

General

Body Comes to Mind presents content intended to assist competent individuals in the management of daily life stressors through the process of increased embodied awareness. We offer no medical advice. Please consult a medical practitioner should you find yourself unable to manage your daily life as a result of participating in the courses that we offer, particularly if you have experienced unusual trauma at any time in your life as increased physical awareness can trigger memories and/or traumas that were previously under the surface of your consciousness. We accept no liability whatsoever for any damages arising from the use of this website and/or any of its content.

Acceptable Use of the Site and Service

To access or use the website, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Minors under the age of 18 must obtain the consent from a guardian or parent.

Access to this Website and the Content and Courses are subject to the following conditions and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these Terms. The Acceptable Use Conditions are as follows:

You agree to use the Website and access the Content and Courses only for lawful purposes only and your use of the Website and Content and Courses is in no way unlawful or fraudulent.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site.
You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
You agree not to use or access the Website or the Content and Courses for the purpose of harming or attempting to harm minors in any way.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
You agree not to distribute all or any part of the Website or Content and Courses in any medium without our prior written consent, unless such distribution is offered through the functionality of the Website and permitted by these Terms including, and without limitation:

1. Alteration or modification of any part of the Website or the Content and Courses
2. Accessing the Website or Content and Courses through any technology other than the software provided by us or enabled via API’s or other generally available third-party web browsers such as Chrome, FireFox, Safari or Internet Explorer.
3. Circumvention, disablement or otherwise interfering with any security related features of the Website or any features that (i) prevent or restrict use or copying of content or (ii) enforce any limitations on you, the use of the Website or access to the Content and Courses.
4. Knowingly transmitting any data or sending or submitting any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
5. Using or accessing the Website or Content and Courses for any commercial uses or for the benefit of any third party, including but not limited to: the sale of access to the Online Content and Courses or any associated content; the solicitation of business in the course of trade or in connection with a commercial enterprise; and the solicitation of any Visitors or Learners of the Website with respect to their content for commercial purposes.
You agree to use the Website and access the Content and Courses in a way that does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the Website, Content and Courses.
You agree not to ask for, collect or harvest any personal data of any Visitor or Learner of the Website or Content and Courses.
You agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes.
You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Website (including without limitation the Content and Courses) for any other purpose other than as permitted by these Terms without our prior written consent.
You agree not to use the Website or the Content and Courses in any manner intended to damage, disable, overburden or impair any Body Comes to Mind server or the network(s) connected to any Body Comes to Mind server, or infringe any requirements, procedures, policies or regulations of any servers or networks connected to the Website.
You agree not to use any high volume, automated, or electronic means to access the Website or the Content and Courses (including without limitation robots, spiders or scripts)
You agree not to frame the Website or the Content and Courses, place pop-up windows over its pages, or otherwise affect the display of its pages.
You agree not to access or attempt to access any other Visitor or Learner’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited misrepresenting your affiliations with a person or entity, past or present.
You agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website.
You agree not to send, knowingly receive, submit, download, use or re-use any material that does not comply with these Terms.

Refusal of Service

The Contents are offered subject to our acceptance of your order or request. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. We may, in our sole discretion, refuse service to any order, person or entity after an order has been accepted by us and payment has been processed, as long as we fully refund such payment. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

Order Confirmation 

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

Product Description

We endeavor to describe our services as accurately as possible. While we try to be as clear and accurate as possible, Body Comes to Mind makes no representation or warranty that the information provided (Content), regardless of its source, is accurate, complete, reliable, current, or error-free and disclaims all liability for any inaccuracy, error, or incompleteness in the Content. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing. Information provided on the Site is subject to change at any time.

Intellectual Property

The Site and Service contain intellectual property owned by Body Comes to Mind, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent, or, if applicable, in violation of any license explicitly granted to you. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

All Content

You may download material displayed on the website for non-commercial personal use only, provided you retain all copyright and other proprietary notices contained in the materials. You may not reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post or use the content of this website for public or commercial purposes, including, without limitation, the text, images, audio and video, without the express written permission of Body Comes to Mind. Body Comes to Mind neither warrants or represents that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with Body Comes to Mind.

Images

Images of people or places displayed on the Website are either the property of, or used with permission by, Body Comes to Mind. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Trademarks

The trademarks, logos and service marks (“Trademarks”) displayed on this Website are registered and unregistered Trademarks of Body Comes to Mind and other third parties that have authorized the use of such Trademarks on the website. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of Body Comes to Mind or the appropriate third party. Use of the Trademarks displayed on the website, or any other content on the website, except as provided in these terms and conditions, is strictly prohibited.

Registration & Accounts

Account Creation

Any Visitor can view the Website, but in order to participate fully in all activities on the Website and take part in the Content and Courses, you must register for a personal account on the Website (“User Account”) by providing your name, email address, username, password and other personal information that will help us other Users get to know you and to help us tailor the services to suite you.

You agree that any registration information you provide to Body Comes to Mind is and will continue to be accurate, current, and complete at all times and that you will maintain and update your information to keep it accurate, current and complete.

You must not impersonate someone else or provide account information for an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site or the Service, violate any laws in your jurisdiction. You agree that you will never divulge or share access or your access information to your User Account with any third party for any reason.

By registering with Body Comes to Mind for a User Account, you agree that you are and will continue to be registered for the Website only once, that you will not set up multiple Learner Accounts. And you will not let anyone else use your Learner Account.

Code of Conduct

The Social Sharing component of the Body Comes to Mind courses is an opportunity to talk to other learners from around the world and to learn from each other. Being a part of this learning community means behaving with honesty, respect and kindness to fellow learners and educators. Therefore you agree that:

You are at least 18 years of age.
You will communicate in English, the specified language of the course, in order to streamline communication between different people.
Your Username does not impersonate another person (living or dead), other users, or brands.
You will not share your personal contact information or ask for that of others. (We consider personal contact details to include email address, postal address or telephone number, or direct communication tools such as Skype, FaceTime, Messenger or Snapchat.) This is for safety and privacy reasons: you don’t know who might be reading your comments and who may contact you other than the person you thought you were sharing your details with. It is fine to provide links to a social network such as Instagram, Tik Tok, Twitter or Facebook, but please make sure you are happy with your privacy settings before you do.
You will be respectful of others and will not use words or share content that is infringing, obscene, pornographic, offensive, threatening or inflammatory, including, but not limited to: language, names or content that is sexist, racist, Anti-Semitic, homophobic, sexually explicit, abusive, contains swearing or is otherwise improper or likely to cause offense. Remember that you are in an inclusive learning environment shared with people who may be of different ages, nationalities, religions, cultures and backgrounds, with different knowledge, ability and experience from yours. Communicating online through text can lead to misunderstandings, so it is important to give other people the benefit of the doubt, and be kind in your interactions: sometimes it’s difficult to know or fully appreciate the situation of the person you’re talking to.
You will discuss ideas rather than criticize or attack someone personally if you do not agree with what they are saying. We consider a personal attack to be any negative comment directed to or about an individual that is about them personally, or uses personal information against them. This applies to comments directed at educators and course contributors, as well as learners, for example comments about the physical appearance of a contributor in a video.
If a comment is believed to be libellous, it may be hidden for legal reasons.
You are law-abiding and do not participate in, condone or encourage unlawful or potentially harmful activity. This includes threatening or encouraging suicide or self-harm, as well as breach of copyright, defamation, or contempt of court.
You must not offer unsolicited health advice to other learners, even if you are qualified or knowledgable in that area.
You will not use the Site as a platform for advertising products or services or a platform for campaigning of any kind, including personal and not-for-profit websites. It is fine to include a link to your personal website in your profile.
You add to conversations and do not “spam” other users by posting the same comment multiple times or by posting comments that are unrelated to the course. Completely off-topic comments and identical (or near-identical) comments posted repeatedly will be considered spam.
You will not upload viruses or harmful components.
You will support a comfortable, safe and open community by reporting comments that you believe have broken this Code of Conduct.

Exclusions & Limitations

The information on this Site is provided “as is”. To the fullest extent permitted by law, Body Comes to Mind excludes all representations and warranties relating to this Website and its Content or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions. Body Comes to Mind excludes all liability for damages arising out of or in connection with your use of this website. Please see our Privacy Policy and Disclaimer of Liability for additional details.

Changed Terms

In order to comply with the law or to meet our changing business requirements we may at any time amend these Terms and Conditions (as well as our Policies and/or other guidelines we issue). Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified indicates that you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

We reserve the right to modify, suspend or discontinue all of the Online Content and Courses with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension or termination. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.

Disclaimer of Liability

With respect to all Content Body Comes to Mind makes every effort to provide accurate and up-to-date and harmless information. That said, we provide no warranty, express or implied, or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product, or process disclosed, or represents that its use would not infringe privately owned rights.

Use of the website is at the burden of the user.

Body Comes to Mind makes every effort to ensure that the Service is free of defects or any harmful component. That said, we make no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or the administrative computer systems of Body Comes to Mind. We also assume no responsibility, and will not be liable for, any damages to, or viruses that may infect computer equipment or other property on account of your access to, use of, or browsing in this website or your downloading of any materials, data, text, images, video or audio from the website.

In those parts of the world that do not allow the exclusion of limitation of liability for the damages, the liability of Body Comes to Mind is limited to the fullest possible extent permitted by law. In no event shall our cumulative liability to you exceed the total purchase price of the service you have purchased from us.

Use of Material Related to Content

You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with this website and you agree to hold Body Comes to Mind harmless from, and not to sue us for, any claims for lost data, work delays or lost profits resulting from use of materials or content from this website.

Use of the Website

The pages on this website may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, this website is provided “as is.” Neither Body Comes to Mind or any other party involved in creating, producing, or delivering the website is liable for any direct, special, incidental, consequential, indirect or punitive damages arising out of access to, or use of, the website including, without limitation, lost profits or revenues, costs of replacement goods, loss of damage to data arising out of the use or inability to use this site, or damages resulting from use of or reliance on the information present, even if Body Comes to Mind or its suppliers have been advised of the possibility of such damages.

Without limiting the foregoing, everything on the website is provided without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement or arising from a course of dealing, usage or trade practice. Body Comes to Mind does not in any way guarantee the quality, data content, artistic worth or legality of information, content, goods or services that are transferred, received, purchased or otherwise made available or obtained by way of this website. We do not warrant that this website will be error-free or that defects will be corrected. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Third Party Issues

Body Comes to Mind Is not liable for damages in connection with third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Body Comes to Mind has been advised of the possibility of or could have foreseen the damages.

Privacy Policy

We respect your privacy and it is our intention that you have the ability to control the treatment of your personal information. However, despite our intentions and representations concerning privacy, Body Comes to Mind reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

A complete statement of our current privacy policy can be found by clicking here. Our privacy policy is expressly incorporated into these Terms and Conditions by this reference.

Testimonial Disclaimer

In accordance with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:

Testimonials appearing on this site are received via text, audio or video submission. They are individual experiences, reflecting real life experiences of those who have used our products and/or services in one way or another. However, they are individual results, and results vary. We do not claim that they are typical results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use our products and/or services.
The testimonials displayed (text, audio and/or video) are given verbatim except for correction of grammatical or typing errors. Some have been shortened. In other words, not the whole message received by the testimonial writer is displayed when it seemed lengthy or when not the whole testimonial seemed relevant for the general public.
All testimonials appear after they have been reviewed by Body Comes to Mind. We do not necessarily share the opinions, views or commentary of any testimonial on this site. The opinions are strictly those of the reviewer.

Third Party Considerations

The Website may contain links to third party sites or third party information (“Third Party, “Third Parties”) through the materials provided. Access to any other Internet site linked or third party material is at the user’s own risk. These sites are not under our control, and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained on these sites. The inclusion of these links does not imply an endorsement by Body Comes to Mind of Third Parties or any goods or services offered by them. We may remove any links to Third Parties from the Website at any time, for any reason. We will not be liable for any transactions conducted by you with Third Parties through any link or for any liability arising from any representations or information provided by Third Parties. We appreciate that third party sites may contain material in which the operator of the Third Party has intellectual property rights. We respect those rights and provide the links for information purposes only.

Refund Policy

We strive to provide excellent customer service with high value and easy access for all individuals, thus aiming for beyond expectations outcomes for our customers. That said, we also recognize that the Body Comes to Mind approach may not be suitable for all. The following, then, are our Terms concerning refunds for our customers:

In the event that you are not happy with your purchase you may request a refund no later than 10 calendar days from the date of purchase as long as you have completed no more than two of eight lessons (or a percentage?).
If you ask for a refund beyond that time period you will not be granted a refund. There are no exceptions to this rule.
Recurring payments (subscriptions) are not refundable unless they fall within the 10-day guarantee period (e.g. 10 days from the date of monthly/annual renewal). If they fall outside of the 10-day guarantee period the cancellation will take effect on the next payment due date (either monthly or annually).
Access to all content terminates when the refund is processed.
Refund requests should be e-mailed to info@bodycomestomind.com with the word “Refund” in the subject line. A refund will be issued only to the same email address, credit card, and or PayPal account that was used to make the purchase and may take up to 30 days to process.
Our customer support team will process refund requests within 48 hours after they are received.

Miscellaneous

If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms remain in full force and effect.

Only you and we are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms.

We may freely transfer or assign any part of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any part of your rights or delegate your obligations under these Terms without our prior written consent.

These Terms, the Policies and the Code of Conduct set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.

Effective Date: 10 February 2019