Mindful Leadership

Based in Johannesburg; Delivering services Globally

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© 2019 by Design Simplified

Mindful Leadership, Terms, Conditions, Terms and Conditions, T&C, Terms and Conditions of Products and Services, Virtual Coaching Partners, Dr Anne Lee, Cathleen Merkel Coaching, Schuitema Group

TERMS AND CONDITIONS

1.   General

These General Terms and Conditions of Use ("Terms") are entered into by and between you and Mindful Leadership (ML).  This Agreement governs the relationship between ML and you, our site visitor ("you" or "your"), concerning your use of the Internet site (the "ML Site") and your purchase of any services from the ML Site.  By visiting or using the ML Site, including without limitation to (i) accessing, using and/or downloading Information, (ii) sending messages, information, data, text, software or images, or other Information to the ML Site, or (iii) otherwise using, accessing or purchasing any Services, you agree to accept and abide by this Agreement.  In consideration of your use of and access to the ML Site (and the promises and obligations herein, and intending to be legally bound), you and ML hereby agree as follows: Your access to and use of the ML Site is subject to these Terms, as well as any modifications issued by ML to these Terms, and all applicable Local and International laws and regulations. By using the ML Site, you agree to and will be deemed to be bound by these terms.  If you do not want to be bound by these Terms, do not use the ML Site. Among other things, ML provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them.

 

The information available on or through use of the ML Site, including but not limited to data, text, articles, content, software, images, graphics, photographs, audio and video clips, links and references and other materials (collectively, the "Information") is provided for informational purposes only. Reliance on any Information is solely at your own risk.

 

2.  Changes in Terms

ML shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions concerning access to or use of the ML Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to, posting the revised or additional terms and conditions on the ML Site. You are responsible for reviewing the Terms periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any amendment by ML to these Terms. Any access or use of the ML Site by you after notice of revisions or additions to these terms shall constitute and be deemed to be your agreement to such alterations or additions.  No modification to these Terms by any party other than ML shall be valid or enforceable against ML unless expressly agreed to by ML in writing signed by a duly authorised officer of ML.

 

3.  Termination

These Terms are useful until terminated by ML.  ML may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorised to access the ML Site and the restrictions imposed on you concerning the Content, and the disclaimers, indemnities, and limitations of liabilities outlined in these Terms shall survive termination.  ML shall also have the right without notice and at any time to terminate the ML Site or any portion thereof, or any products or services offered through ML or the ML Site, or to end an individual's right to access or use the ML Site or any portion thereof.

 

4.    Compliance with Laws

You agree to comply with all applicable international laws, statutes, ordinances and regulations regarding your use of the ML Site and your purchase of the items on the ML Site.

 

5.   Content

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the ML Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content."  The Content may contain errors, omissions, or typographical errors or may be out of date. ML may change, delete, or update any Content at any time and without prior notice.  The Content is provided for informational purposes only and is not binding on ML in any way except to the extent it is specifically indicated to be so.  Unless otherwise noted, all Content is protected by copyright, trademark, common law and other proprietary rights that are owned by ML or by third parties that have licensed their use to ML.  You may view and use the Content only for your personal information and for booking Workshops on the ML Site, and for no other purpose.  You must retain all trademark, copyright and other proprietary notices on downloaded or printed Information, and any such downloads or copies are subject to the Terms of this Agreement and shall remain the property of ML and/or its licensors and/or suppliers.  Except as provided in the foregoing, ML does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the ML Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as expressly permitted in these Terms or as otherwise expressly permitted in the Content or writing signed by ML, is strictly prohibited.  You acknowledge that you do not acquire any ownership rights by using the ML Site or any services or Information.  Nothing contained on the ML Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of ML's and/or its licensors', suppliers' or third party owners of trademarks or copyrights without the express written permission of ML, our licensors or suppliers, or the third party owner of any such trademark and/or copyright.

 

6.  Third Party Links

The ML Site contains links to other websites for your convenience.  ML has not thoroughly reviewed the websites that are linked to the ML and does not control such sites or their content.  Your use of related websites is subject to the privacy practices and terms of use established by the specific linked site, and ML disclaims all liability associated in addition to that.  The presence of such third party links does not indicate any approval or endorsement by ML of any linked web site or any material contained within the third party related web site, and we disclaim any such approval or endorsement.

 

7.  Code of Conduct

 You agree not to:

 

  • 7.1  Engage in spamming or phishing attacks;​

  • 7.2  Transmit (a) any content or information that is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of others, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;​

  • 7.3  Restrict or inhibit any other visitor from using the ML, including, without limitation, through "hacking" or defacing any portion of the ML Site;​

  • 7.4  Express or imply that any statements you make are endorsed by us, without our prior written consent;​

  • 7.5  Upload any Materials (as defined below) that contains any virus, worm or other files, scripts or programs designed to damage or allow unauthorised access to the service or the ML Site;​

  • 7.6  Remove any copyright, trademark or other proprietary rights notices contained in or on the Information, the ML Site or services;​

  • 7.7  Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the ML Site or Information;​

  • 7.8  Use the ML Site, Information or Services in any manner that is unlawful, including accessing the ML Site, Services and/or Information from any location where such access may be illegal or otherwise prohibited;​

  • 7.9  "Frame" or "mirror" any part of the ML Site without our prior written authorisation;​

  • 7.10  Use any spider, site search/retrieval application, robot or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the ML Site or its contents;​

  • 7.11  Forge headers or otherwise manipulate identifiers to disguise the origin of any Materials; and/or

  • 7.12 Harvest or collect information about the ML Site visitors or members without their express consent.

 

8.  Purchases

  • 8.1  If you wish to purchase products or services described on the ML Site, you will be asked by us or the third party vendor to supply specific information applicable to your purchase, including, without limitation, credit card and other information.  You understand that we will treat any such information in the manner described in our Privacy Policy.  You agree that all information that you provide to us or such third party vendor will be correct, accurate, current and complete.​

  • 8.2  You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanisms) at a price(s) in effect when such charges are incurred.  You will also be responsible for paying any applicable taxes relating to your purchases. ​

  • 8.3  All amounts appearing on the ML Site are quoted in the currencies of the countries where it is applicable.  If shipping is required, ML will add shipping and handling fees and appropriate sales/use tax as per the countries legislation.  Payments must be made using a valid credit card.  Credit card payments are processed either 3rd party financial service providers.  ML reserves the right, without prior notice, to discontinue or change specifications and prices on products and services offered on the ML Site without incurring any obligation to you.  The receipt by you of an order confirmation does not constitute ML’s acceptance of an order.  Before ML's approval of an order, verification of information may be required.  ML reserves the right at any time after receipt of your order to accept or decline your request, or any portion thereof, even after your receipt of an order confirmation from ML, for any reason.  ML reserves the right to limit the order quantity on any offerings and to refuse service to any customer without prior notification. ​

  • 8.4  We reserve the right, without prior notification, to change our Shipping and Return policies at any time.

 

9.  Copyright Infringement Claims

ML has designated the offices of Design Simplified to receive notifications of claimed copyright infringement relating to the ML Site. Design Simplified is not a legal or Law Firm; they are however the brand guardian of the Brand website and the website content. Design Simplified (DS) will pass on the information to of ML. All such notifications relating to the ML Site must need to be submitted  to the Mindful Leadership:

Service Provider:  Mindful Leadership at info@mindfulleadership.co.za

 

10.  Limitation on use of the ML Site

  • 10.1 You acknowledge and agree that we have the right (but not the obligation) to monitor the ML Sites, including third-party social media pages and the Materials you transmit or post; to alter or remove any such Materials; to disclose such Materials and the circumstances surrounding their transmission to any third party in order to operate the ML Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.  The information and opinions posted in the Materials on the ML Site are not necessarily those of ML or its affiliates, and ML makes no representations or warranties regarding such posted Materials.  We neither endorse nor are responsible for messages or statements, or for any opinion, advice, information or other utterance made or displayed on the ML Site or forums by third parties, whether such third parties are visitors to the ML Site, members of the ML Site or others.  We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, Materials or for any results obtained from the use of such information.  Under no circumstances will we or our suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained from the Materials through the ML Site.​

  • 10.2 You represent and warrant to ML that (a) the Materials do not and will not infringe any rights of any third party(ies), and that the Materials do not and will not libel, defame, or invade the rights (including, without limitation, the right of privacy or publicity) of any third party(ies); (b) all obligations relating to the Materials have been satisfied, including, without limitation, those with and relating to artists and personnel, licenses, and laboratory and other contracts; (c) you have the right to enter into this Agreement and to grant the rights granted or agreed to be granted hereunder; and (d) you have made all necessary payments (and no additional payments are required to be made) to any and all guilds, unions, performing rights societies, bodies and/or groups representing actors, writers, directors, composers, musicians, artists, and other persons who participated in the production of the Materials.​

  • 10.3  Grant a non-exclusive license to ML with regard to the Materials he/she has submitted for the term of his/her copyright, and that the Materials be used by ML as it may determine and at its sole discretion.  ML reserves the royalty-free right to sub-license, reproduce, disclose, transmit, publish, broadcast and distribute electronically any such Material including but not limited to education, publicity and promotion.

 

11. Disclaimers

  • 11.1  To the fullest extent permissible under applicable law: (a) The Site (including all information) and the Services are provided "as is" and without warranties of any kind, either express or implied; and (b) ML and its affiliates, agents, service providers, employees, officers, directors, consultants, representatives, licensors, suppliers, advertisers, sponsors, successors and assigns (collectively, "ML's Representatives") disclaim all warranties, express or implied, including, without limitation, the implied warranties of title, non-infringement accuracy, completeness, merchantability, quality, and fitness for a particular purpose, any warranties that may arise from course of dealing, course of performance or usage of trade, and any warranties that the information and ML Site is current and/or up-to-date.  ML and ML's Representatives do not warrant that the information, ML Site or Services, nor your use of the foregoing, will be complete, accurate, current, reliable, uninterrupted, error-free or secure, nor that defects will be corrected, nor that the ML Site or the servicer(s) on which the ML Site is hosted are free of viruses or other harmful components.  You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the ML Site, and all charges related thereto.  You assume all responsibility and risk for your use of the ML Site and/or Services and/or Information and your information and your reliance thereon.  No opinion, advice or statement of ML or any of ML's Representatives, whether made on or in connection with the ML Site or Service or Information shall create any warranty.  

  • 11.2  Some countries, states and provinces do not allow the disclaimer of implied warranties of merchantability and fitness for a particular purpose, so the above disclaimers or exclusions may not apply to you.  In the event that applicable law imposes implied warranties on the services or Information notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or access date; shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law.  You may also have other rights under applicable law which vary from state to state. 

  • 11.3  ML and ML's Representative are under no obligation to verify the identity of users of ML's Site, Services, and/or Information.  ML and ML's Representatives do not control the materials posted or submitted to the ML Site and/or the services by persons other than themselves and do not monitor, screen, police or edit those materials for compliance with applicable laws or these Terms and Conditions. ​

  • 11.4  Through your use of the ML Site, Services and/or Information, you may have the opportunity to engage in commercial transactions with third parties.  All such transactions are at your own risk. ML’s Representatives are not parties to any such transactions and disclaim all liability regarding all such transactions. 

 

12.    Limitation of Liability

Notwithstanding the failure of essential purpose of any limited remedy of any kind, neither ML nor any of ML’s Representatives, nor their directors, officers, employees, consultants or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages or liabilities under any contract, negligence, strict liability or other theory arising out of or relating in any manner to the ML Site, Information, Services and/or any linked site, whether or not we have been informed of the possibility of such damages or liabilities.  Your sole remedy concerning this Site, the Information, Services, or any linked site is to stop using the ML Site, Service, or linked site.  ML's sole and exclusive maximum liability to you for all damages, losses, cause of action, whether in contract, tort (including, without limitation, negligence) or otherwise arising out of or relating in any manner to the Site, shall be the amount paid by you for use of the Site, Information and/or Services.  Some Countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

13. Indemnification

You agree to fully indemnify, defend and hold ML, any of ML's representatives, and their directors, officers, employees, consultants and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) any allegation that any Materials you transmit to the ML Site infringe or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other rights of any third party, and/or (c) your activities in connection with the ML Site.

 

14.  Ability to Contract

You affirm that you are at least eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties outlined in this Agreement, and to abide by and comply with this Agreement.  If you are under eighteen (18) years of age, then you must obtain permission from a parent or guardian before accessing the ML Site. 

 

15.  Miscellaneous

This Agreement is governed by and construed in accordance with the laws of South Africa, without giving effect to any principles of conflicts of laws.  You agree to submit to the exclusive jurisdiction of any South African Magistrates or Constitutional Court and waive any jurisdictional, venue or inconvenient forum objections to such courts.  All disputes shall be resolved in the English language.  If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.  This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us concerning such subject matter.  This Agreement or any right, obligation or remedy hereunder is not assignable, transferable, delegatable or sublicensable by you except with ML's prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void.  ML may assign, transfer or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof, and the singular shall include the plural and the plural the singular.  You hereby acknowledge that you have carefully read all of the terms and conditions of ML’s Privacy Policy.

Should you have any questions, comments or complaints regarding this Agreement or the ML Site, please contact us at:

Mindful Leadership email us at info@mindfulleadership.co.za