ResilientMind Terms and Conditions

ResilientMind Terms and Conditions

 

Definitions 

“Client” means any person accessing the Site for the purposes of obtaining Services.

 “Materials” means all information, data, documents, communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, resources, and products made available or enabled via the Site by us or Users of the Site.

“Practitioner” means any person accessing the Site for the purposes of providing Services.

“Practitioner Client Agreement” means the agreement to be entered into between a Practitioner and his/her Client(s) in connection with the provision of Services as published on the Site. 

 “Privacy Policy” means the privacy policy governing the use of information on the Site. The Privacy Policy can be found in the footer of the Site under ‘Our Privacy Policy’. 

“Registered User” means a User who has registered on the Site as a Practitioner or Client.

“Session” means a consultation or other session booked by one or more Clients with a Practitioner on the Site.

 “Services” means any provision of mentoring, coaching, training and/or related services and the provision of any Materials and any other activity related thereto by a Practitioner and authorised pursuant to the Terms.

“Site” means www.theresilientmind.com and all of its sub-domains.

“Terms” means these terms and conditions.

“User” or “you” means any user of the Site.

“VLL” or “we” or “us” means von Lerse Limited, a company registered in England and Wales under company number 09238255) with its registered address at 57 Long Chaulden, Hemel Hempstead, Hertfordshire, HP1 2HX.

“VLL Services Agreement” means the agreement between a Practitioner and VLL in connection with the services provided by us.

1. General

The Site is operated by QualPros. These Terms govern the use of the Site. By accessing and/or continuing to use any part of the Site, you agree to be bound by these Terms. If you do not wish to be bound by the Terms, please exit the Site.

VLL offers the Site for use by Practitioners and Clients. VLL does not employ or act as agent for any Practitioner or Client. In addition to these Terms, the provision of Services by a Practitioner to one or more Clients is subject to the Practitioner Client Agreement between the Practitioner and the Client and the VLL Services Agreement between VLL and the Practitioner.

The Terms, Privacy Policy, VLL Services Agreement and the Practitioner Client Agreement shall, unless expressly agreed by us with the relevant party, prevail over any other terms or agreements put forward by any Client or Practitioner.

We may, in our sole discretion, assist a Practitioner or Client in enforcing any right available under these Terms or the Practitioner Client Agreement.

If you wish to unsubscribe from VLL’s emails, please contact us via http://www.theresilientmind.com/home/contact_usnotify us via the Site. 

The Terms and all non-contractual obligations arising from or connected with it are governed by English law. The courts of England have exclusive jurisdiction to settle any dispute arising out of or in connection with the Terms (including a dispute relating to the existence, validity or termination of the Terms or any non-contractual obligation arising out of or in connection with the Terms) (a “Dispute”) provided that we may seek recourse to the courts of any other jurisdiction in our sole discretion in connection with any Dispute.


2. The Site

 

2.1 User’s Responsibilities

 

You must be 18 years old or older.

You must exercise your own judgment when assessing site information and the suitability of a Practitioner/Client (as applicable) to work with and of any Material or information available on the Site.

You should not rely on any content on the website as constituting advice, recommendation or endorsement by us.

You are responsible for your own online security and technical compatibility with the Site.

Any breach or suspected breach of these Terms may result in the denial of service and denied access to the Site.

 

2.2 Variation

 

We do not warrant that the content on the Site is complete, accurate or up-to-date.

We reserve the right to decline to register any person as a Registered User.

We may restrict the number of profiles a user may view and /or the number of messages and booking requests a User may send, within certain periods at our sole discretion.

We may monitor, edit and remove User information at any point and without notice.

We may suspend or terminate any User and block certain IP addresses to protect our service, at any time and without giving notice or reasons.

Please check these Terms regularly as we reserve our right to amend these Terms and the features of the Site from time to time.

 

2.3 Registration

Certain functions of the Site are only available to Registered Users. In particular, in order to provide or obtain Services, you will need to register with us.

You may register as a Registered User by providing us with the details requested on the registration page.

We may require you to re-validate their registration at any time. You may not use proxy IP addresses to hide your actual IP address.

Any personal information supplied to us will be collected, stored and used in accordance with the Privacy Policy.

You must be the sole user of your account.

You must keep your password secret. If you believe your password has been compromised, you must let us know at once and change your password as soon as possible.

You are liable for any activity on the Site occurring in your name.

3. Participating in the Services

3.1 The Rules of Conduct

The Site enables Users to participate in the Services. In addition, certain parts of the Site allow Users to download and/or upload Materials, participate in discussion forums and communicate with other Users. In using the Site, we require all Users to conduct themselves in a professional manner and abide by all applicable professional conduct rules.

In addition, Users agree to abide by the following rules (the “Conduct Rules”):

      1. Users must configure their own electronic devices in order to use the Site and to obtain or provide (as applicable) Services. If you have any questions, you can contact us by filling out the form under http://www.theresilientmind.com/home/contact_us.
      2. Unlawful, harassing, illegal, abusive, disruptive, offensive, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable behaviour is strictly prohibited. Please report any such behaviour found on the Site to us by filling out the form under http://www.theresilientmind.com/home/contact_us.
      3. Discussions should be relevant to the topic in hand and must not include unsolicited promotional or off-topic Material.
      4. Advertising, promoting nor the posting of other website addresses is strictly prohibited.
      5. Users may not use any inappropriate (e.g. vulgar, offensive, etc.) user names.
      6. Users may not use the Site to submit or share any defamatory or illegal Material of any nature. This includes text, graphics, video, programs or audio. Submitting or sharing Material with the intention of committing or promoting an illegal act is strictly prohibited.
      7. Users agree to submit to or share only contributions which are their own original work.
      8. Users must not violate, plagiarise, impersonate or infringe the rights of third parties including copyright, trade mark, trade secrets, privacy, publicity, personal, design or proprietary rights.
      9. Users may not collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
      10. Users may not use or attempt to gain access to or use another’s account, password, Materials or computer systems or networks connected to any VLL server or to the Site, whether through hacking, password mining or any other means.
      11. Users may not remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.
      12. Users may not access or attempt to access any Material that they are not authorised to access or Materials through any means not intentionally made available through the Site.
      13. Users may not make available any files containing Materials which they do not own or control, or have not received the necessary licenses to, all intellectual property rights, rights of privacy and publicity and all other rights in and to such Materials.
      14. Users may not use any Materials in any manner that infringes any intellectual property rights or other rights of any party.
      15. Users may not disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
      16. Users may not transmit unsolicited or bulk communications to VLL, any other User or any other affiliated e-mail address.
      17. Users may not post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
      18. Users may not disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services.
      19. Users may not access or use the Site in any manner that could damage, disable, overburden or impair any VLL server or the network(s) connected to any VLL server.
      20. Users may not violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms.
      21. Users may not prepare, compile, use, download or otherwise copy any user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
      22. Users may not engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
      23. Users may not market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by VLL.

We reserve our right to take any action against any User or any account, for any reason and as we deem necessary including, without limitation, suspending or terminating the use of the Site, terminating a User’s registration and informing any competent law enforcement agencies of any suspected illegal activity.

3.2 Cancellation Policy for Sessions
 

Practitioners are responsible for setting their own timetable.

A Session will proceed if at least one Client is in attendance.

Paid for Services is non-refundable other than in accordance with these Terms. If an alternative date is agreed by the Practitioner and all participating Clients, the Session is rescheduled at no cost. If a Client has paid for more than one Session, the refund shall be the applicable pro rata portion of the amount paid.

 
3.3 Late Arrival Policy for Sessions


Services shall start promptly at the scheduled hour.

Full payment for the scheduled Session is payable to the Practitioner even if a Client joins the Session late. A Practitioner may agree to overrun past the allotted time at his/her full discretion but is not required to do so.

If the Practitioner arrives late and the participating Clients do not agree to overrun past the allotted time, then the Clients are not liable for the missed time. The participating Clients should notify us at by filling out the form under http://www.theresilientmind.com/home/contact_us with the relevant details within 48 hours of the end of the Session and we will make the appropriate refund. No refund is payable for a late arrival by a Practitioner of less than 10 minutes.

If we are not notified within 48 hours of the end of the Session, we may have transferred the relevant payment to the Practitioner, in which case the Practitioner will be responsible for making the refund. VLL may liaise between the Client requesting a refund and the relevant Practitioner. VLL cannot guarantee a refund and accepts no liability for any failure by a Practitioner to do so.

 
3.4 Complaints and Refund Policy

 

A Client wishing to make a complaint or request a refund should notify us by filling out the form under http://www.theresilientmind.com/home/contact_us with the relevant information within 48 hours of the end of the relevant Session or purchase of Materials and we shall determine whether to make a refund or what other remedial action may be appropriate.

Clients are only entitled to refunds as set out in these Terms.

We may agree at our discretion to a refund in the event that the relevant Services have not been of a satisfactory standard. To this end, we may keep video or sound recordings of Sessions to assess the quality of Services. If the Services include the provision of Material, a refund may only be requested if there is a significant discrepancy (in our reasonable assessment) between the Materials advertised and the content of the Materials actually received.

If we are not notified within 48 hours of the end of the Sessions, we may have transferred the relevant payment to the Practitioner, in which case the Practitioner will be responsible for making the refund. VLL may liaise between the Client requesting a refund and the relevant Practitioner. VLL cannot guarantee a refund in such circumstances and accepts no liability for any failure by a Practitioner to do so.


3.5 Fees and Payment 


Services purchased on the Site may only be paid for through VLL. Payment should never be made directly to the Practitioner. In such circumstances, the Client will remain liable to make the agreed payment via VLL. We accept no responsibility for any shortfall or any continuing liability in the event of a dispute arising from a direct payment. 

Payment must be made in advance of obtaining the relevant Services. No partial payments are accepted. Amounts paid by a Client will be held in escrow by VLL and subsequently transferred, less any deductions for fees or commissions due to VLL, to the Practitioner upon request. VLL shall not be required to make any payments to Practitioners unless the relevant payments have been received from the relevant Client(s) in cleared funds.

Payment may be made via PayPal, Stripe or such payment method accepted on the Site. The Client shall be responsible for covering any third-party charges, fees or currency conversion costs incurred in making payments for Services. All prices detailed on the Site are inclusive of VAT where applicable.

 
3.6 Late Payment

 
If payment has not be received at the time of booking, VLL will be entitled to charge a GBP15 administration fee. A Client will not be permitted access to the requested Services unless payment is received.

If payment has not been received within 14 days of the booking date, VLL reserves the right to take legal action against the Client to reclaim any outstanding debts on behalf of itself and the Practitioner, for the full amount due, plus any costs and legal expenses incurred during the process.

4. Practitioners

In addition to the Terms, the relationship between VLL and each Practitioner is governed by the VLL Services Agreement.

Practitioners are self-employed. VLL does not employ or act as agent for any Practitioners. VLL does not restrict any Practitioner from working with other employers.

Practitioners control and are responsible for the methods, Materials and all other aspects of the Sessions. VLL is not responsible for the content of any Services nor the teaching methods of any Practitioner, nor does VLL accept any liability for the consequences of such Services.

Practitioners are responsible for their own tax affairs although Practitioners agree to provide National Insurance and Unique Tax Payer References (or corresponding information for overseas tax authorities) in the event that we are required to provide such information to HRMC or any other competent tax authority.

 Each Practitioner undertakes to VLL that he/she will duly pay the tax and national insurance contributions whether in the United Kingdom or elsewhere in relation to the payments made by VLL in connection with Services. Each Practitioner further agrees to indemnify VLL in respect of all and any income tax and national insurance contributions which may be found to be due by such Practitioner in connection with the provision of Services, with any interest, penalties or gross-up therein.

Each Practitioner confirms that he/she has the appropriate qualifications, accreditations, indemnity insurance, certifications, work permits to provide the relevant Services and represents that the personal information provided on the Site is true and accurate in all respects.

Each Practitioner confirms that he/she abides by all applicable codes of conduct, professional rules and codes of ethics.

Each Practitioner confirms that he/she does not have a criminal record or is otherwise precluded from providing the Services.

Services shall be conducted in an appropriate and professional manner and in accordance with the Conduct Rules.

Practitioners shall not make private arrangements or enter into private agreements with Clients in connection with the provision of Services. The prices for the Services as set out on the Site may not be modified or adapted without our consent.

VLL will collect payment due from Clients and transfer them on to the relevant Practitioner, less our fees and commissions, following the provision of the Services. VLL invoices Clients on behalf of Practitioners. Payment to Practitioners will only be made once the invoices have been settled by the Client. Practitioners agree not to be paid directly by Clients.

 Practitioners providing personal data consent to the use of such data by VLL for the purpose of assisting Practitioners in providing Services and for all related activities.

Each Practitioner confirms that the Material uploaded by such Practitioner is his/her own and that such Material is made available in compliance with all applicable intellectual property laws. Material produced by a Practitioner for the purposes of providing Services on the Site shall not be used for any other purposes or on any other platform, whether online or offline, without VLL’s written consent.

 

5. Miscellaneous

5.1 Uploading Materials

 

The ownership to the intellectual property of Material posted or uploaded on the Site shall remain the property of its original owner.

Users may upload or remove Material owned by them to or from the Site at their discretion. Users are solely responsible for any Material posted to the Site. By submitting Material to the Site, the relevant Users warrant that they are not in breach of any intellectual property rights, are fully entitled to do so and that the upload of such Material complies with these Terms. VLL reserves the right to remove Materials available on the Site at any time at its discretion where such Material does not comply with these Terms, infringes any intellectual property or may result in a breach of any applicable law.

Users uploading Materials to the Site hereby permit VLL (on a non-exclusive, royalty free basis) to show, copy and modify such Materials for the purposes of selling the Material on the Site.

 

5.2 Intellectual Property to the Site

All content on the Site is protected by English and international copyright laws. No part of the Site owned by VLL (which, for the avoidance of doubt, excludes Material owned or provided by Users) may be copied, reproduced, distributed, redistributed, modified or displayed without our express written consent. Designs and concepts may not be used for any purpose without our written consent.

All trademarks used or referred to in the Site are the property of their respective owners. TheResilientMind.com and other marks, including graphics, are owned by VLL and may not be used, publicised or replicated without our express consent. Permission is granted to use the templates given to the Practitioner for the sole purpose of online-course creation on the Site. “von Lerse Ltd” and other related marks, including graphics, are trademarks of VLL and may not be used, publicised or replicated without our express consent. Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of contacting VLL.

All copyright of the Site and its contents (which, for the avoidance of doubt, excludes Material owned or provided by Users) is, unless otherwise stated, owned by VLL. All rights are reserved.

Users should not create links to the Site from another website or document without our prior written consent.

Although care has been taken to ensure the accuracy of the information on the Site, information on the site is provided without any representation or guarantee and in no event will VLL be liable in connection with the use of the information made available, unless specifically stated otherwise.

VLL does not guarantee that the Site or the server which makes the Site available, are free from viruses or any other harmful elements. The Site may provide links to other websites, which are not under our control.

VLL will not be in any way responsible for the content of other web sites. VLL may provids such links only as a convenience, and the inclusion of any such web site does not imply endorsement by us of the content of that site.

5.3 Indemnity

You agree to indemnify, defend, and hold harmless VLL, its affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, platform operators, service providers, employees, and representatives from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable legal expenses and court costs, incurred by VLL in any way related to your (a) acts and/or omissions on or off the Site; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Site; (c) breach of these Terms or any other document or agreement referred to herein; (d) disputes with or between other Users; (e) use and/or misuse of the Site, including without limitation any information, content and/or Materials thereon; (f) violation of any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User information, including without limitation with respect to registration, profile or eligibility; (h) misstatements and/or misrepresentations; (i) use of links to third party websites, including without limitation such websites’ availability, terms of use, privacy policy, information, content, Materials, advertising, products and/or services; (j) User information and any acts or omissions with respect to such User information; (k) use of any information in third-party reports; (l) use of third party payment processing services; (m) use of phone support services; and/or (n) use of any services or products or any contracts or arrangements made or provided based on information, content and/or Materials obtained on or through the Site. You further agree that you will cooperate as requested by VLL in the defence of such claims. VLL reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Users, and you will not, in any event, settle any claim or matter on behalf of VLL without the written consent of VLL.

5.4 Promotions, discounts and special offers

From time to time we may offer discounts, promotions or special offers on terms set out on the Site at relevant time. If several discounts, promotions or special offers potentially apply, only one such may be selected. All discounts, promotions or special offers are entirely discretionary, subject to availability and may be withdrawn or changed at any time without notice.

5.5 Confidentiality

You undertake that you shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, Clients or suppliers of VLL, except that you may disclose such confidential information as may be required by law, court order or any governmental or regulatory authority. You will not use such confidential information for any purpose other than to perform your obligations under these Terms, the VLL Services Agreement and the Practitioner Client Agreement (as applicable).

5.6 Disclaimer of warranties

Use of the Site is at your sole risk unless otherwise explicitly stated. The Site, including the information, services, and content, is provided on an “as is”, “as available”, and “with all faults” basis. VLL disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. VLL makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the Site.

VLL makes no warranty or representations that: (a) the Site will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Site will be accurate or reliable; (c) the quality of any products, services, content, information, or other Material purchased or obtained from Practitioners will meet your expectations or requirements; or (d) any errors in the Site will be corrected.

You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the Site, including any damages resulting from computer viruses.

5.7 Limitation of liability

You understand and agree that VLL has no control over the acts or omissions of any User and that VLL makes no representations or warranties about the quality of the services provided by any Practitioner, Client or any other User. You understand and agree that VLL is not responsible for the performance or conduct, whether online or offline, of any Practitioner, Client or any other User of the Site. As such, VLL expressly disclaims any and all liability whatsoever for any disputes, claims, suits, injuries and/or damages arising from and/or in any way related to the Site.

Users of the Site transact between themselves. VLL will not be involved in any user interactions. VLL is not responsible for disputes, claims, loss, injury, or damage of any kind that might arise during and after user interaction.

You understand and agree that VLL has no control over the acts or omissions of any Practitioner, Client or any other User on or off the Site and that VLL makes no representations or warranties about the quality of the services provided by any Practitioner, Client or any other User. You understand and agree that VLL is not responsible for the performance or conduct, whether on or off the Site, of any Practitioner, Client or any other User. as such, VLL expressly disclaims, and each User expressly releases VLL from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to the Site, including without limitation any acts and/or omissions of Practitioners, Clients or any other Users on or off the Site.

To the full extent permitted by law, VLL is not liable for any direct, indirect, punitive, special, incidental, consequential or exemplary damages (including without limitation loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Site, even if VLL has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the Site; (b) the cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from the Site; (c) statements or conduct of any third party on the Site, including without limitation unauthorised access to or alteration of transmission or data, malicious or criminal behaviour, or false or fraudulent transactions; or (d) content or information Users may download, use, modify, or distribute. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. In no event shall VLL’s total liability to you for all damages, losses and causes of action, whether in contract, tort (including but not limited to, negligence) or otherwise, exceed (a) the amount paid by you to VLL or (b) GBP100 (whichever is less).

You and VLL agree that the warranty disclaimers and limitations of liability in these Terms are material and that they have been taken into account in determining the consideration to be given by each party under these Terms and in the decision by each party to enter into these Terms. You and VLL agree that the warranty disclaimers and limitations of liability in these Terms are fair and reasonable.