Terms of Service

The MindBody Doc
http://www.themindbodydoctor.com

Acceptance of Terms

Thank you for visiting http://www.themindbodydoctor.com (the “Site”). The Site is owned and operated by Mediscinz Communications Limited trading as The MindBody Doc. The terms “Mediscinz Communications Limited”, “The MindBody Doc” and “MindBody for Success” shall be used interchangeably and in all instances refer to the owner of this website hereafter referred to as the “The MindBody Doc”, “our”, “we” or “us”. The terms “you” or “your” refer to the client, subscriber, user or viewer of the Site. By using the Site, you agree to be bound by the following terms and conditions of use (“Terms of Service”) and to use the Site in accordance with these Terms of Service, our Privacy Policy, our Medical Disclaimer and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from The MindBody Doc. These Terms of Service govern all supply of products and services by The MindBody Doc to you, the user of those products and services, including your use of the Site. These Terms of Service are effective from 08 August 2013 and will replace all earlier The MindBody Doc terms of trade and any conditions contained in any document used by you and purporting to have contractual effect. By accessing the Site in any manner, whether automated or otherwise, or by subscribing to an opt-in subscription service or by purchasing or using any of our products or services you agree to our Terms of Service. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on the Site. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified. You must be at least 18 years old to subscribe to our products and services.

The MindBody Doc: 4 Charisma Court, Pisa Moorings, Cromwell 9383, New Zealand. The name “The MindBody Doc” will appear on cardholder statements or payment records for any transactions through the Site. The MindBody Doc is a New Zealand business. Any purchases transacted through the Site will be billed in U.S. dollars. For New Zealand clients wishing to pay in N.Z. dollars, please contact us for further information.

Intellectual Property Rights

Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Site, you are representing: 1. That you are the owner of the material or are making your posting or submission with the express consent of the owner of the material; and 2. That you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. You acknowledge and agree that any contributions originally created by you for us shall belong to The MindBody Doc. Thus, The MindBody Doc shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as The MindBody Doc determines. You acknowledge that The MindBody Doc has the right but not the obligation to use and display any postings or contributions of any kind and that The MindBody Doc may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site. If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not The MindBody Doc. Neither The MindBody Doc nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, The MindBody Doc neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized The MindBody Doc representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY THE MINDBODY DOC AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless The MindBody Doc, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies.

In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that The MindBody Doc shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

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 also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Interactive Features

The Site may include a variety of features, such as bulletin boards, web logs, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site.

It is a condition of your use of the Site that you do not: 1. Restrict or inhibit any other user from using and enjoying the Site; 2. Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; 3. Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site; 4. Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person; 5. Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means; 5. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site; 6. Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; 7. Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; 8. Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component; 9. Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising; 10. Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval; 11. Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

The MindBody Doc may host message boards, chats and other public forums on its Sites. Any user failing to comply with the Terms of Service of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. The MindBody Doc or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by The MindBody Doc staff, The MindBody Doc’s outside contributors, or by users not connected with The MindBody Doc, some of whom may employ anonymous user names.

The MindBody Doc expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of The MindBody Doc or any of its subsidiaries or affiliates.

The MindBody Doc has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Registration

To access certain features of the Site, we may ask you to provide certain information including your name, email address, phone number and country. In addition, if you elect to sign-up for a particular feature of the Site, such as web logs or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords

To use certain features of the Site, you will need a username and/or password, which you will receive through the Site’s registration process or product purchase process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND THE MINDBODY DOC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

You acknowledge and agree that no representation has been made by The MindBody Doc OR its affiliates and relied upon as to the future performance, income, expenses, sales volume or potential profitability that may be derived from the use of participation in any of The MindBody Doc’s products or programs. You further acknowledge and agree that no representation has been made by The MindBody Doc OR its affiliates and relied upon as to your future health, wellbeing, quality of life and quantity of life that may be derived from the use of participation in any of The MindBody Doc’s products or programs.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Pricing and Payment

Prices of all services and products displayed on the Site are in U.S. dollars. In accordance with New Zealand law, purchases made from customers domiciled in countries other than New Zealand are not subject to New Zealand Goods and Services Tax (“GST”). However, you may be liable to pay taxes in the country where you are domiciled and it is your responsibility to pay such taxes. You may also be liable to pay international service fees on any transactions and it is also your responsibility to pay such fees. Please refer to your own local tax laws and your own bank regarding liable taxes and international service fees. For customers domiciled in New Zealand, GST of 15% shall apply to all purchases.

All coaching programs and digital media products are paid for in advance. Payment for any products or services must be made via one of the approved methods of payment as listed on the Site and modified from time to time. We accept all major credit cards. If you pay by credit card, you must supply your credit card details when you place an order. Your credit card will be charged upon the issuance of an order confirmation or upon shipment of the product(s). Shipment of the product(s) is conditioned upon the credit card issuer’s authorization of use of the card for payment. The MindBody Doc reserves the right to verify the identity of the credit card holder by requesting appropriate documentation. To ensure the credit, debit or charge card is not used without its holder’s consent, we may validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms of Service, you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a credit bureau, which may keep a record of such information. Disclosure of such information is made only to confirm the card holder’s identity.

Customers using New Zealand issued credit cards may be unable to complete transactions in U.S. dollars and will need to contact The MindBody Doc to complete payment. All customers may choose to transact any purchases of products or services using PayPal Express Checkout. Transactions made using PayPal Express Checkout are not eligible for payment plans or subscriptions requiring recurring billing. When purchasing private or group coaching programs, transactions made using a valid credit card are eligible for payment plans. These payment plans are specific to each coaching program and can be selected at the time of purchase. If you select a payment plan for your purchase you must make payment monthly and your payment must be made on or before the same day of the month as your first payment. We reserve the right to change the day of the month when your payment falls due at a future time by email notice to you. Failure to pay including reversal of credit card or other payments may result in withdrawal of service until payment is made, and we may suspend delivery of any further products or services until payment is made in full. You will not be considered to have made any payment until that payment has cleared through the banking system into our bank account. If any payment is reversed by your bank or credit card company, we will charge you an administration fee of 6% of the purchase amount.

Purchase of Digital Products

“Digital Products” refers to emails, e-books, audio products, videos and online training and/or learning content hereafter referred to as “Online Content” accessed through the Site. All ideas and opinions expressed in the online content are the presenters’ own and may or may not represent the opinions of The MindBody Doc. All opinions, and advice whether implicit or explicit is provided “as is” with no warranties or indemnities as to its appropriateness for your particular situation. The MindBody Doc takes no responsibility for the implementation of any advice in your own health, performance or personal goals or the outcomes of such implementation. When you purchase access to the Digital Products you are purchasing a non-transferable, non-exclusive right to access the online content. You may not publish or share the Digital Products or your login details with anyone else. If you wish to purchase multi-user access to the online content, please get in touch.

Purchase of Services

“Services” refers to private coaching, group coaching, workshops, seminars or other engagement requiring the physical or online presence of both you and the service provider employed by The MindBody Doc to provide the Services (the “Coach”). The role of the Coach is to provide mentoring, training and personal development processes to support you to achieve a specific personal, health or performance goal. The Coach will introduce you to methods and techniques intended to help you achieve your goal. All processes, methods, techniques and advice whether implicit or explicit is provided “as is” with no warranties or indemnities as to its appropriateness for your particular situation. The MindBody Doc takes no responsibility for the implementation of any advice in your own health, performance or personal goals or the outcomes of such implementation.

Delivery, Returns and Refund Policy

Any order made via this site is an offer to purchase one or more products or services. When we receive a valid order we will accept the offer by confirming to you via the Site or by email that we have received and are processing the order.

Digital Products: All product orders are for digital products only. Our policy is not to offer refunds on Digital Products. Digital Products are delivered via livestreaming on the Site or via download to your personal computer. The MindBody Doc provides no guarantee of availability of the web server or hosting of the Digital Products. The MindBody Doc will make commercially reasonable efforts to provide availability to the Digital Products at the time payment is made. If your order of Digital Products is unable to be fulfilled at the time payment is made or there is a delay in fulfilling your order for whatever reason, The MindBody Doc will continue to make commercially reasonable efforts to fulfil your order.

Private and Group Coaching Services: All orders for Services require scheduling which shall be implemented in consultation with you and finalized when we receive your payment. The schedule shall consist of dates and times of all coaching sessions required to fulfill your order. Our aim is to deliver the first of your scheduled sessions within 10 days of receiving payment. If there is likely to be a delay beyond 10 days, we will advise you of this before you submit your order for payment. In general, coaching sessions will be delivered at weekly intervals until such time as your order is fulfilled. Unless other arrangements have been agreed to, the Services shall be delivered over the Internet by Goto Meeting, Skype, FaceTime or other video conferencing service. The MindBody Doc provides no guarantee of the availability of the web server or Internet connectivity required to deliver this service. If there is an interruption of Internet services, the Coach will attempt to re-establish contact. If these attempts are unsuccessful, you will be invited to phone a pre-advised number to continue the session over the phone. If more than 5 minutes of any session is lost to Internet service interruptions, this time will be rescheduled or added to the next session. To be effective, health and performance coaching requires your active participation and full commitment. Please do not sign up for group or private coaching unless you are willing and ready to do the work. If you purchase a private coaching program and are not completely happy with your investment, you may request a refund of unused coaching time less an administration fee of USD 150 and any international service fees. If you purchase a group coaching program and are not completely happy with your investment, you may request a refund of unused coaching time less 50% of the purchase price and any international service fees.

Cancellation Policy

If you have paid for private coaching, you are responsible for ensuring you attend the regular coaching sessions. An agreed schedule will be provided to you upon successful enrolment in a coaching program. If you need to cancel a session for any reason, you must provide at least 48 hours’ notice to reschedule the session at a later time. If you are unable to provide 48 hours’ notice, that session will be forfeit and no refund will be made. If we have to cancel a session for any reason, The MindBody Doc will issue you a pro-rated refund of that session or the option to reschedule.

If you have paid for group coaching, you are responsible for ensuring you attend the regular coaching sessions the schedule of which will be made available before payment is made. If you are unable to attend a session for any reason, that session will be forfeit and no refund will be made. If we have to cancel a session for any reason, The MindBody Doc will reschedule that session at a later time.

Applicable Law and Jurisdiction

Unless we agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the products or services are provided or where you reside. Any claim or dispute arising in relation to, out of or in connection with these Terms of Service, or with the use of the Site or supply of any products or services shall be governed by and construed in accordance with the laws of New Zealand and subject to binding arbitration where the Courts of New Zealand shall have exclusive jurisdiction. If any provision of this agreement shall 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.