Terms of Service
Last updated 1 year ago (20 May, 2020)
The terms “Total Mindfulness,” “us”, "our", or “we” refers to Lipsum ltd, company registration number 12574955.
The terms "Product" or "Website" refers to the Total Mindfulness platform, offered at totalmindfulness.com
The term “Device” refers to the device which is used to access the Product; including but not limited to computers, smart phones, and tablets.
The term “you” refers to the user of the Product. When you use or access the Product, you agree to be bound by these Terms and all applicable laws, rules and regulations. If you do not agree to these Terms, you are not authorised to create an account and become a member ("Member"). By becoming a Member and using the Product, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Product.
Our contact email address is email@example.com. All correspondence to Total Mindfulness, including any queries you may have regarding your use of the Product or these Terms, should be sent to this contact email address.
- License Agreement
- These Terms set out an agreement between you and us for the supply of the Product.
- Please check that the details in these Terms and are complete and accurate before you use or commit yourself to purchase the Products. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing; we will only accept responsibility for statements and representations made in writing by an representative of Total Mindfulness.
- As part of your use of the Product, you agree to the processing and storage of your Personal Data, for the purpose of quality assurance of your use of the Product. Where possibly, we keep personal usage statistics anonymous. By using the Product, you acknowledge that you understand and agree that the laws of The United Kingdom may not offer the same level of protections for your personal information that exist in your country of residence, and you nonetheless content to the processing and storage of your Personal Data in The United Kingdom. We take required measures to comply with applicable law in regards to the transfer, storage, and use of Personal Data.
- Changes to Terms
We reserve the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to the Website. Your continued use of the Product acknowledges your agreement to abide by the revised Terms. Under certain circumstances we may also choose to notify you of changes or updates to our Terms by additional means, such as an in-Product notification, or contact at your registered email.
- Becoming a Member
- To become a Member, you submit to us via the relevant section of the Product your name, email address, and a password to be used in association with the email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. You may not register multiple Members under the same email address.
- By registering as a Member of the Product, you agree that:
- you are legally capable of entering into binding contracts;
- all registration information you submit is truthful and accurate;
- you will maintain the accuracy of such information; and
- your use of the Product does not violate any applicable law or regulation.
- Use of Total Mindfulness for Minors
You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a Member of the Product. Individuals under the age of 18, or the applicable age of majority, may utilise the Product only with the involvement and consent of a parent or legal guardian, under such person's account, and otherwise subject to these Terms.
- Becoming a Member
- Cancellation by you
- You may cancel your use of the Product at any time. Cancellation is effective immediately and as such you will no longer be able to access your account. You can delete your account, and its associated data, via your account settings or by emailing us as firstname.lastname@example.org.
- When you delete you account via your account settings it will be marked for deletion on our system. Such accounts are deleted within seven (7) days. During this time, you may email us to request restoration of your account and its associated data. All associated data, such as user discussion posts, will no longer be available to Members of the Product.
- Cancellation by us
We may suspend or terminate your use of the Products as a result of your fraud or your breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, an unauthorised copy or download of the Product’s content.
- Cancellation by you
- You agree not to upload, post, email, or otherwise send, transmit or introduce, any material that contains software viruses or any other computer code, files, or programs designed to interrupt, harm, damage, destroy, or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Product. You agree not to interfere with the servers or networks underlying or connected to the Product or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Product in an unauthorised manner.
- You agree not to impersonate any other person, living or dead, while using the Product. You agree not to conduct yourself in an offensive manner while using the Product. You agree not to use the Product for any illegal, immoral, or harmful purpose.
- By breaching the provisions of this Section 4, you may commit a criminal offence under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Product will cease immediately.
- You agree not to use the Product for any purposes related to scientific research, analysis, or evaluation of the Product without the express written consent of Total Mindfulness. You may request such authorisation by emailing us as email@example.com.
- The Product is not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of access. You must not use any part of the materials on the Product for commercial purposes without obtaining a written license to do so from us.
- All materials (including software and content whether downloaded or not) contained in the Product are owned by Total Mindfulness, unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
- Content from Total Mindfulness may not be downloaded or copied from the Product or Device.
- Material from the Product may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorised use or violation of these Terms immediately and automatically terminates your right to use the Product and may subject you to legal liability. You agree not to use the Product for illegal purposes (including, without limitation, unlawful, harassing, libellous, invasion of another’s privacy, abusive, threatening, or obscene purposes) and you agree that you will comply with all laws, rules, and regulations related to your use of the Product. Appropriate legal action may be taken for any illegal or unauthorised use of the Product.
- You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials in the Product. If you make other use of the Product, or the content, code, data, or materials thereon, except as otherwise provided above, you may violate copyright and other laws of The United Kingdom, and may be subject to liability for such unauthorised use. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
- Although we aim to offer you the best service possible, we make no promise that the Product will meet your requirements, and we cannot guarantee that the Product will be without fault. If a fault occurs in the Product, please report it to us at firstname.lastname@example.org and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Product while we address the fault. We will not be liable to you if the Product is unavailable for a commercially reasonable period of time.
- Your access to the Product may be occasionally restricted to allow for repairs, maintenance, or the introduction of new facilities or Products. We will restore the Product as soon as reasonably possible.
- The Product may let you submit material to us: for example, you may be able to upload a photo to your profile, post discussions in the community, and comment on various matters in various parts of the Product. In these Terms, the term “User Material” refers to any available material of any kind that you submit to us, including text, images, or literary works. User Material does not include the account information or Product use information which you provide in registering for and using Product.
- This Section 7 sets out the rights and obligations that each of us have in connection with User Material. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.
- We do not systematically review User Material submitted by you or other users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.
- We reserve the right, at our sole discretion, to refuse to post, remove, or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Product, particularly where User Material breaches this Section 7, and we may do this with or without giving you any prior notice.
- We may link User Material or parts of User Material to other material, including material submitted by other users or created by us or other third parties. We may use User Material for our internal business purposes, such as examining patterns, or to promote, market, or advertise the Total Mindfulness Product. You acknowledge that we may indirectly commercially benefit from use of your User Material.
- Each time you submit User Material to us, you represent and warrant to us as follows:
- You own the User Material, or have the authority to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy, or publicity rights, rights of confidentiality, or rights under contract.
- The User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offence, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
- The User Material does not advertise any product or service or solicit any business, as specified in Subsection 4.5, of these Terms.
- The User Material does not identify any individual (including by way or name, address, or a picture) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.
- You will not collect email addresses of users for the purpose of sending unsolicited email.
- You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, theft of trade secrets, or attempt to impersonate another user or person.
- You will not engage in any automated use of the system, such as using scripts to alter our content.
- You will not, without authorisation, access, tamper with, or use non-public areas of the Product, its computer systems, or the technical delivery systems of its providers.
- Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or any other Total Mindfulness system or network or breach any security or authentication measures.
- We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
- User Material is not considered confidential. You agree not to submit any content as User Material in which you have any expectation of privacy. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant us an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Product, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from, or payment to, you or any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorise sub-licenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. Total Mindfulness may include your User Material in our Distribution Content that is made available to others through the Product. Be aware that we have no control over User Material once it leaves the Product, and it is possible that others may duplicate material found on the Product, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify us and our affiliates for all claims arising from, or in connection with, any claims to any rights in your User Material or any damages arising from your User Material.
- Any enquiries, feedback, suggestions, ideas, other information which is not part of your use of the Product, User Data, or User Material that you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, emailing, or otherwise submitting Submissions to the Product, you grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from, or payment to, you or any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorise sub-licenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that we have no obligation to acknowledge receipt of, or respond to, any Submissions. If you make Submissions, you represent and warrant that you own or otherwise control the rights to your Submissions. You agree to indemnify Total Mindfulness and our affiliates for all claims arising from, or in connection with, any claims to any rights in Submissions or any damages arising from Submissions.
- Total Mindfulness, and its content and information, is to be used by you for general information purposes only, and not by way of specific recommendation or advice. While we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Product or the information contained on the Product for any purpose. You participate with the Product entirely at your own will. You are entirely responsible for any risks relative to the utilisation, results, or performance of the Product.
- Total Mindfulness provides online access to mental wellbeing content. We are not a health care or medical device provider, nor should our Product be considered medical advice. While evidence from independent research suggests that practising mindfulness can yield positive results such as reduced stress, anxiety, and depression, we make no claims, representations or guarantees that the Products provide a physical or therapeutic benefit.
- Any health information and links on the Product, whether or not provided by us, is provided simply for your convenience.
- Any advice or other materials on the Product are intended for general information purposes only, and are not intended to be relied upon, nor are they a substitute for professional medical advice which is based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of you reading or hearing about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Product.
- There are reports of people with certain psychological conditions, including anxiety, depression, and schizophrenia, experiencing worsening conditions in conjunction with intensive mindful practices. People with existing mental health conditions should speak with their health care providers before using our Product.
- Subject to the terms of this license agreement (“License Agreement”), as set out in this Section 11, and these other Terms, Total Mindfulness grants to you a limited, non-exclusive, revocable license to stream and make personal non-commercial use of the Product.
- The Product contains or embodies copyrighted material, proprietary material, or other intellectual property of Total Mindfulness or its licensors. All rights, titles, and ownerships in the Product remain with us or our licensors, as applicable. The right to use the Product is licensed to you and is not being sold to you, and you have no rights within the Product other than to use it in accordance with this License Agreement and our other Terms.
- You agree that you will not, nor will you assist or permit any third party to:
- copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Product in any way, or create derivative works of the Product;
- use the Product or any part of it to create any tool or software product that can be used to create software applications of any nature whatsoever;
- rent, lease, loan, make available to the public, sell, or distribute the Product in whole or in part;
- tamper with the Product or bypass any technology used by us or our licensors to protect any content accessible through the Product;
- bypass any territorial restrictions applied to the Products; or
- use the Product in a way that violates this License Agreement or the other Terms.
- You may not make the Product available to the public. The Product made available (in whole or in part) is owned by Total Mindfulness or its licensors and your use of it must be in accordance with these Terms.
- Assignment by Us
Total Mindfulness may transfer its rights and obligations under these Terms to any company, firm, or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
- Warranties and Limitations
- This warranty gives you specific legal rights, but you may have additional rights depending on your country of residence.
- We warrant to you that any Product from us will, on delivery, conform in all material respects with its description and be of reasonably satisfactory quality.
- We warrant that we will use reasonable skill and care in making the Product available to you during your Membership.
- The Product and its content are otherwise provided on an “as is” basis and we make no representations or warranties of any kind with respect to them, including as to the accuracy, completeness or currency of the Product or its content. We assume no liability or responsibility for any errors or omissions in the content of the Product, or any failures, delays, or interruptions in the provision of the Product. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Product to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Product. We make no warranties or representations, express or implied, for technical accessibility, fitness, or flawlessness of the Product. We make no warranties or representations that your use of content and information posted on the Product will not infringe rights of third parties.
- All conditions, warranties, and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.
- No Waiver
If we delay exercising, or fail to exercise or enforce, any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
- Force Majeure
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Product, or for any failure or delay by us to comply with these Terms, where such lack, unavailability, or failure arises from any cause beyond our reasonable control.
In these Terms, unless the context requires otherwise:
- any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and
- references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
- Electronic Communications
- Applicable laws require that some of the information or communications we send to you should be in writing. When using the Product, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Product. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
- You are entitled to retain a copy of all electronic communication from us to you.
- You have the right to receive a paper copy of the communications. To receive a paper copy, please request it by emailing us at email@example.com.
- We may charge you a reasonable service charge to mail you a paper copy of any communication. We will either include such service charge on our fee schedule or we will first inform you of the charge and provide you with the choice as to whether you still want us to send you a paper copy. Please be sure to state that you are requesting a copy of the particular communication.
- To receive and view an electronic copy of the communications you must have the following equipment
- A personal computer or other device which is capable of accessing the Internet; and
- To retain a copy, you must either have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy through use of printing service or software such as Adobe Acrobat Reader DC or Foxit Reader. If you have a word processor or text editor program on your computer, then you can also copy the text and paste the text into a new document in the word processor or text editor and save the text.
- You can also contact us via email at firstname.lastname@example.org to unsubscribe from further communications. Unsubscribing from communication may impact your ability to use the Product.
- We reserve the right, at our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.
Unless otherwise specifically indicated, all notices given by you to us must be given to Total Mindfulness at email@example.com. We may give notice to you at the email address you provide to us upon registration, or in any of the ways specified in Section 13.7. Notice will be deemed received and properly served immediately when posted on the Product or when an email or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such email was sent to the specified email address of the addressee.
- Entire Agreement
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.
- Third Party Rights
A person who is not party to these Terms will not have any rights under or in connection with these Terms.
- Assignment by Us