Terms and conditions
Welcome to our community. We, Mindset English;( collectively “we”, “us”, or “our”) are very glad to have you, our valued client, (“you”) as part of our world!
Consistent with our peers in the language learning teaching community, we have terms and conditions that we apply to your access to, use of, or purchase of any and all of our products, online materials or other services (such products, online materials and other services, our “Products”). This is to make sure that all our community members are informed of our rights and yours, and to clarify that these terms and conditions apply, without limitation, to all of our Products, including:
(1) all content and materials posted on or produced for the websites https://mindsetenglish.simplero.com.
(2) to the extent not in conflict with the terms and conditions of Facebook, all original content produced by us on our Facebook pages (including without limitation the groups titled “Mindset English”, "VIP Masterminds".
(3) all content and materials we post on or produce for any other websites we have owned or operated, do own and operate or may own or operate in the future (collectively with the websites described in (1) and (2) above, the “Sites”)
(4) any and all of our products or services either advertised or offered for sale on our Sites, including our group and individual coaching programs, our e-‐‑learning courses, books and other products, (collectively, our “Programs”); and
(5) any other content, products or services as we may, from time to time, promote through our Sites or deem part of our Programs, whether such content, products, or services are offered online, offline, by telephone or in person.
By purchasing, accessing or using any of our Products, you are agreeing to these terms and entering into a contract with us. This contract applies even when you access our Products through free-‐‑to-‐‑browse Sites such as our “Mindset English” Facebook group. Failure to comply with these terms and conditions will be deemed a breach of contract by you, and we reserve all rights and remedies available to us under applicable law in the event of such breach, including without limitation revoking your access to any Product, without guarantee of refund.
In order to stay current with the applicable law and the demands of our business, we reserve the right to modify these terms at any time, so please check back periodically for any changes.
By continuing to access our Products after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them. If at any time you choose not to accept these terms, please notify us in writing and discontinue access to our Products.
All opinions expressed through our Products are ours in our corporate capacity, and may not be deemed the personal opinions of our employees, officers, members, agents, contractors, employees or advisors.
Our Intellectual Property Rights
We respect the intellectual property rights of others and request that you do the same for us. Our Products are our sole intellectual property and are protected by all applicable copyright, trademark, and other intellectual property laws. Your use of the Sites does not grant to you any rights whatsoever to any content or materials you may access on or though the Sites. The Sites are provided solely for your personal non-commercial use and you may not use the Sites or the materials available on the Sites in a manner that constitutes an infringement of our rights or that has not been authorised by us in writing.
Unless you have obtained our prior, written consent 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 Sites or from our Products. ANY UNAUTHORISED USE OR DISTRIBUTION OF OUR INTELLECTUAL PROPERTY BY YOU OR YOUR
REPRESENTATIVES IS STRICTLY PROHIBITED AND WE RESERVE ALL RIGHTS AND REMEDIES AVAILABLE TO US AT
LAW IN THE EVENT YOU DO SO.
PLEASE NOTE THAT LECTURES AND MATERIALS PROVIDED THROUGH OUR MINDSET ENGLISH FACEBOOK AND
AND https://mindsetenglish.simplero.com/ WILL NOT BE AVAILABLE FOR DOWNLOAD AND THAT YOUR USE OF ANY AND ALL OF OUR PRODUCTS IS FOR YOUR PERSONAL AND NON‑COMMERCIAL BENEFIT.
If you are inspired by the teachings in our Products and want to share our work or promote us of your own free will, we are very grateful, and you are free to establish a hypertext link to our Products so long as the link does not state or imply any sponsorship of your site by us. However, you may not, without our prior written permission, frame or inline link any of the content of our Products, or incorporate into another website or other service a description of any of our Products as if you were the owner of our intellectual property. In short, please do not misattribute ownership of any of our intellectual property in our Products, as that is a breach of our rights in our own intellectual property and we will treat it accordingly.
Please note that no sponsorship by or affiliation with us shall be permissible without our prior written consent.
Posting to Our Facebook Communities and Other Sites
We pledge to exercise a commercially reasonable degree of caution in safeguarding the information you post on our Sites or while using our Products. However, we ask that you utilize discretion in what you publish online, as we are a relationship and Mindset English business that is not bound by the compliance requirements of the Health Insurance Portability and Accountability Act of 1996 nor any other health confidentiality statute whatsoever. As a result, you cannot expect that your information will be encrypted or treated with the degree of security afforded to you by your healthcare provider.
We want you to have a safe container and will take all reasonably necessary and desirable steps to maintain industry-‐‑appropriate confidentiality practices, but please take responsibility for anything you post to our Sites or disclose while using or accessing our Products. IF YOU ARE NOT COMFORTABLE SHARING YOUR PERSONAL INFORMATION OR DO NOT WANT US TO USE A TESTIMONIAL OR SUCCESS STORY, PLEASE REFRAIN FROM POSTING SUCH INFORMATION TO OUR SITES OR WHILE UTILIZING OUR PRODUCTS.
Furthermore, by posting or submitting any material (including, without limitation, comments, blog entries, photos and videos, such materials, the “Posted Material”) to us via the Sites or our other Products, you are representing that you are:
(1) the owner of the Posted Material, or are making your posting or submission with the express consent of the owner of the Posted Material;
(2) making statements that are true and correct in all material respects;
(3) at least eighteen (18) years of age or older;
(3) granting us, and anyone authorised by us, (a) the 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 the Posted Material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, including for our own publicity; (b) the right to exploit any of your 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; and (c) the right to identify you as the author the Posted Material by name, email address or screen name, as we deem appropriate in our sole discretion.
(4) acknowledging that with respect to any of our Products that are hosted by Facebook, Wordpress, Squarespace or any other third party hosting services, that compliance with all applicable cybersecurity and privacy legislation is the legal responsibility of such other third party hosting service and that we shall have no responsibility for such compliance in way whatsoever.
Non-‐‑Disparagement
By accessing our Products, you agree not to make public statements or communications about us that are false, misleading and/or disparaging of us, our business, our Products, and/or our officers, employees, contractors or representatives, including, without limitation, publication of such communications on public online forums. You further agree that you shall refrain from making statements about Laila Raslan or any of our coaches or other representatives or affiliates that constitute harassment, libel, defamation or slander.
We take our reputation very seriously – as seriously as we know you take yours – and reserve all rights available to us under applicable law in the event that you make such false, misleading or disparaging statements. If you have complaints about our Products, we are happy to work with you on a professional basis to resolve your issues in a prompt and commercially reasonable manner. Please contact us at mindsetenglish@hotmail.com for any such complaints.
Compliance with Community Guidelines
Our core mandate is to celebrate the divine feminine in all of our clients. As a result, our Products are designed with respect, kindness, truthfulness and community in mind and our Sites are strictly moderated by us for that purpose. If you are disruptive, disrespectful or disparaging to our employees, agents, representatives or to our other clients, we reserve the right to revoke your access to our Products without guarantee of refund. This includes the use of profane language, intemperate or immoderate responses to our community moderators and public complaints about our Products to other clients.
We always ensure that our moderators make our community standards publicly available, but please make sure to conduct yourself respectfully at all times while using or accessing our Products. We pledge to treat you with respect and dignity, and it is part of your contract with us that you treat us and our other clients the same way.
Payments for Online Purchases
Payment for your online purchases shall be made via credit card, Paypal or other approved payment method, as specified by us at the point of payment. We will charge your credit card the purchase price, including all fees for shipping, if applicable, and all applicable taxes, immediately; or, if you have elected an optional payment plan, in accordance with the payment plan schedule provided at the point of purchase. All prices and other dollar amounts are listed in A.U. Dollars.
By placing an order with us, you represent and warrant that the credit card or payment account that being used is yours and/or that you are duly authorized to use the account, and you agree to indemnify and hold harmless Mindset English and each of its members, officers, directors, employees, contractors, coaches, representatives and agents (each, a “Company Representative”) from any and all damages or losses of any nature or kind, including attorneys’ fees, that any Company Representative may incur arising from your breach of this warranty or your inability to make payment on the Product you have purchased.
Every commercially reasonable effort has been made to ensure the accuracy of prices, items, and availability of our Products; however, typographical or clerical errors do occur. Accordingly, we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. Images of Products are for illustrative purposes only; actual Products may differ from such images.
Return, refund and cancellation policy:
All Sales are final.
All purchases of products, group and individual coaching programs, including ebook(s), are final and non-‐‑refundable. Any request for a refund will be considered on a case-‐‑by-‐‑case basis and provided to you in our sole discretion.
(Approved refunds are less a $750 non-refundable deposit to cover our administrative costs and time invested to support the program)
While we always take all commercially reasonable actions necessary to ensure the availability of our Products, we cannot and do not provide any guarantee of availability of the web server hosting of such Products. You acknowledge and agree that any failure of such hosting services shall not constitute a material defect in the Products we offer.
In the event of sustained unavailability of a Product over an unreasonable period of time, we will take all necessary commercially reasonable steps to provide an alternative mode of delivery for such Product.
Any Products purchased on a subscription basis will be subject to the following billing cycle:
(1) “Monthly” subscriptions will be charged each month on the same day as the day of the month when subscription was first activated. IF payment isn’t made on due day, your membership will be paused for 5 days, and then cancelled. If you wish to restart your membership after it has been cancelled you will need to pay the initial registration fee all over again.
(2) “Annual” subscriptions will be charged each year on the same day and month as the day and month as when subscription was first activated.
If the charge is scheduled for a day that does not exist in the month being charged (for example the 31st June), then the charge will instead occur on the last day of that month.
Confidentiality
The contents of all of our Products (including their processes and methodologies, as well as any material posted to any one of our Sites by either us or any other person) are to be held in strict confidence by you and you agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our prior written permission. You also acknowledge and agree that any and all information disclosed by another client of ours on one of our Sites or while using one of our Products is personal to that client, and you agree that you will not disclose that information to any other person whatsoever by any means whatsoever.
FAILURE TO ABIDE BY THESE CONFIDENTIALITY STANDARDS WILL BE GROUNDS FOR REVOKING ACCESS TO OUR PRODUCTS.
Important Notice Regarding Coaching and Professional Advice
We consider your trust in us and our community to be a very great honour, and it is our mandate as a company to help you thrive in relationship. However, by accessing the Products, you understand that our Products cannot replace or substitute for the services of trained and licensed professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. We (and our guest speakers, teachers and coaches) are not health care providers (or are not operating in the capacity of health care providers even if they do possess a license to that effect) and make no representations as such.
If you are currently under the care of a medical or mental health professional, it is your responsibility to consult with that person regarding the advisability of working with a coach.
If at any time you feel the need for professional counselling, you agree to promptly seek the assistance of a licensed professional. If you are not currently under the care of a medical or mental health professional, then you should regularly consult a doctor or other licensed health care professional in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention.
Participating in coaching has inherent risks associated with undertaking a challenging program of personal growth and development, including the risk that you may experience a certain amount of mental or emotional upset, as well as risks around implementing changes in your life that may not be foreseeable when you begin a coaching engagement. By purchasing or using our Products, you are making an informed choice – of your own volition – to fully and voluntarily assume those risks. While we can provide commercially reasonable support for you in the coaching process, you represent and warrant that you, not us, are ultimately responsible for the ongoing maintenance of your own emotional and mental health.
Disclaimer of Warranties; Waiver of Claims; Indemnification; Limitation of Liability
All our Products are provided on an "as is" basis with no warranties (expressed or implied), including but not limited to any implied warranty of fitness for a particular purpose or for your specific circumstances. While we wish the best for your success and are committed to providing the most appropriate guidance we could reasonably be expected to, we take no responsibility for (and are not liable for) either your implementation of any advice offered in our Products nor for the outcomes of such advice, even if implemented.
We are a coaching business, but the responsibility for making transformative changes in your life is yours. Your success will depend on a number of factors, including without limitation your knowledge, ability, dedication, your specific life circumstances and the time you dedicate to personal growth, to name a few. You alone are responsible for your actions and results in life and business. As a result, to the fullest extent permitted under applicable law, you agree that:
(1) you, on your own behalf and on behalf of your heirs, next of kin, family members, estate, beneficiaries, executors, administrators and representatives, hereby WAIVE, RELEASE AND FOREVER DISCHARGE us and any Company Representative from and against any and all claims, demands, losses, liabilities, damages and causes of action of any nature or kind that you have or may in the future have arising out of or in connection with the use of, access to, or efficacy of our Products, whether such claims arise from negligence, breach of any duty imposed by law, mistake or error in judgment, or from any other cause whatsoever (all such claims, the “Released Claims”)
(2) you will indemnify, defend and hold harmless us and any Company Representative from and against any losses, claims, liabilities, expenses or damages, including attorneys’ fees and costs, incurred in connection with your unauthorized use of any Product or for breach of these terms and conditions, including without limitation your failure to respect our intellectual property rights; and
(3) to the extent that you become party to any Released claim either by operation of law or to the extent that the waiver of a Released Claim is deemed impermissible pursuant to any local law, you nevertheless agree that in in no event will you:
a. assert a claim against us or any Company Representative for any special, consequential, exemplary or punitive damages arising from or in connection with the Products; and
b. in no event shall our total aggregate liability to you exceed the amount actually paid by you (and actually received by us) for the Product in question.
Liability for Damages to Computer Systems
We are an online business that relies on the use of third party hosting services to provide you with our Products. By accessing our Products, you acknowledge that online businesses are subject to a certain amount of third party execution risk and that we cannot and do not represent or warrant that our Products will be provided on an uninterrupted or error-‐‑free basis, or that defects in such third party hosting services will be corrected, or that the Products or the server that makes them available are free of viruses, malware or other harmful components. You assume the entire cost of all necessary servicing, repair or correction to your computer systems to the extent such harmful components are acquired when you access the Products.
Enquiries
For any customer enquiries, please email mindsetenglish@hotmail.com.
Privacy
We take your privacy very seriously. If you opt in to receive information about related Products from us, we will occasionally email you about that. Other than that, we will only contact you in direct relation to the items you have purchased from us. We will never sell or rent your details.
Governing Law
These terms and conditions are governed by the laws of the state of South Australia. You unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of South Australia and of the Australia located in South Australia for any litigation arising out of relating to the Products and/or these terms and conditions.