These terms and conditions govern the way in which we supply products to you, including any courses created by the Mindful Ecotherapy Center, its partners, or its representatives. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. All rights not expressly granted in these terms are hereby reserved. You agree to review this agreement periodically to ensure that you are aware of any amendments to this agreement, which may be made at any time.
INFORMATION ABOUT US AND HOW TO CONTACT US
We are the Mindful Ecotherapy Center, a company registered in Cleveland, South Carolina. You may contact us at firstname.lastname@example.org or by writing to us at:
Mindful Ecotherapy Center
PO Box 102
Cleveland SC 29635
1. GRANT OF LICENSE
In consideration of your payment, we hereby grant you a license to use the purchased eLearning courses (“the product(s)”). This license is limited, revocable, non-exclusive, non-sublicensable and non-transferable, and is subject to the rights and obligations granted under these Terms. This license is personal to you and cannot be shared or exchanged with others.
We develop, distribute and maintain the product(s) and will also provide you with log in details. We will also manage your access to the product(s) and provide support to you, where necessary. You shall not copy, modify, transmit, distribute or in any way exploit the product(s) or any other copyrighted materials provided other than for your individual training. Any other purpose is expressly prohibited under these terms. You shall also not permit anyone else to copy, use, modify, transmit, distribute or in any way exploit the product(s)or any other copyrighted materials. We provide the materials ‘as is’ and without any warranties, whether express or implied, except those that cannot be excluded under statute. We also do not warrant that the materials will be error free, including technical inaccuracies.
3. ACCESS TO MATERIALS
The starting date of your access to the products is deemed to be the date that you first have access. “First access” begins from the first time you login. We will not attempt to contact you when your access period has ended. In case of expiration of your product, we cannot guarantee that certification or completion (as appropriate) will be possible. As such, it is your responsibility to ensure that you complete the content within the allocated time period. If you do not think this will be possible, then extensions of time are available for purchase at an additional cost. We will take all commercially reasonable steps to provide you with uninterrupted access to the product(s). However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages, other technical difficulties, periodic site upgrades and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period of time. ‘Commercially reasonable’ in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money. Our joint aim is to provide courses and materials of the highest quality. As such, improvements or changes to the product(s) or any other materials may occur at any time without prior notification in order to ensure that they are up to date and accurate. Where your access to the product(s) is restricted for any of the above reasons, we may provide you with a free extension of time at our sole discretion.
4. PRICING AND PAYMENT
We use third party payment providers, depending on the way in which you make payments – Stripe and PayPal. Payment for the product(s) must be made at the point of purchase. You agree to provide payment for the product(s) in the stipulated currency and you will be liable to pay any relevant conversion charges, as well as applicable sales tax in your region. Please note that we must receive your payment in full before providing you with access to the product(s). Your payment includes the licensing of the product(s) for a limited period of time that is appropriate for the eLearning content. We are unable to provide a refund if you fail to complete the content within the allocated time, except at our absolute and sole discretion. We reserve our right to review and change the pricing of any of our products. This will not affect products that have already been purchased.
5. CANCELLATION AND RESTRICTION POLICY
Where product(s) are delivered to you immediately, you will not have the right to change your mind. This means that no refunds are available for digital downloadable content such as online courses, digital books, videos or audio recordings. In other cases, you may change your mind within fourteen (14) days of purchase, so long as materials have not been provided to you, downloaded, streamed or otherwise accessed. If you do wish to cancel, please contact us via email. It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any content. We are unable to provide refunds where your access to the product(s) is inhibited due to insufficient system requirements. We may restrict your access to the product(s) if you breach these terms, including without limitation:
a) A failure to make any payment due to us; or
b) Failure to provide accurate information that is necessary for us to provide the product(s) to you.
In these circumstances, we will inform you in writing with seven (7) days’ notice that your access to the product(s) will be restricted.
6. YOUR RIGHTS
This is a summary of your key legal rights. If you are based outside the United States, we recommend you review your local statutory rights. Under the laws of the United States, the product(s) must be as described, fit for purpose and of a satisfactory quality. If the product(s) are faulty, then you are entitled to ask for a repair or a replacement and if the fault cannot be fixed, or it has not been fixed within a reasonable time and without significant inconvenience, then you can get some or all of your money refunded. If you can show that the fault has damaged your device and that we have not used reasonable care and skill, then you may be entitled to compensation.
7. EXAM VOUCHERS
Where you have purchased exam vouchers in addition to the product(s), these vouchers will be subject to the terms and conditions of the relevant exam provider. Exam vouchers are non-refundable once they have been used for booking an exam.
8. INTELLECTUAL PROPERTY
All rights, title and interest in intellectual property rights relating to the product(s) including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) and all other intellectual property (whether registered or not) developed or created from time to time shall exclusively be owned by the Mindful Ecotherapy Center. While you may utilize the intellectual property, you understand that there shall be no transfer of ownership of the same. Nothing that you see or read in the Products may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use. All other trademarks, service marks and trade names in this material are the marks of the respective owners and any unauthorized use is prohibited.
9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if it is either obvious that it will happen or if we are both aware it might happen, such as where you have discussed the possibility with us during the sales process. We are not liable to you in any way for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract or any and all other commercial damages or losses. We do not exclude or limit our liability to you in any case where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products (summarized above). If the product(s) damage your device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice, following installation/download instructions, or having in place the minimum system requirements as advised by us. Our liability to you for any damage to your computer system or loss of data resulting from the downloading of content is limited to the amount you have paid for the product(s). In no event shall we be liable for damages in excess of this sum.
10. OTHER IMPORTANT TERMS
You need our consent to transfer your rights under these terms to someone else. We may not agree to this as these terms grant a license for your benefit only. Nobody else has any rights under these terms – they are between you and us. No other person shall have any rights to enforce any of its terms. If a court finds part of these terms illegal, then rest will continue in force. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
11. GOVERNING LAW
These terms are governed by and construed in accordance with the laws of Greenville, South Carolina and the United States and you can bring legal proceedings in the United States courts in Greenville County, South Carolina.