Please take the time to read these Terms and Conditions (“Terms”) before using, visiting, viewing, purchasing from, or accessing Mindful Tree Education/ www.mindfultree.ch and its sub-domains, affiliated sites, and social media pages and accounts of Mindful Tree Education on Facebook, LinkedIn, YouTube, Instagram, and Twitter. (“Site” / “Sites”).
The Sites and all of the audio, visual, and written resources and information contained therein, including but not limited to blog posts, designs, documents, and e-mails received from Mindful Tree Education/ Tulasi Ilen Aeschlimann, email lists and sequences, courses, coaching services, recordings, templates, contracts, forms, guides, e-books, workbooks, website materials, products, and tools (“Contents, Services, and/or Products”) are owned by Mindful Tree Education/ Tulasi Ilen Aeschlimann (“We”, “Us” Our”).
These terms apply to all Users, Visitors, Viewers, Subscribers, Clients, and/or Customers of our Sites (“User”, “You”, and/or “Your”) and govern your use of, access to, and/or purchase from our Sites.
Your Consent
By using, visiting, viewing, downloading, purchasing, and/or accessing our Contents, Services, and/or Products, you are consenting and agreeing to be bound by these Terms.
You further warrant and acknowledge to reading these Terms or at the very least, had the opportunity to read them and chose not to do so.
You represent and warrant that you are at least 18 years of age. If you are under the age of majority, please refrain from using our Sites unless your parent/guardian has given you the permission and has consented to these Terms. Minors whose parent/guardian did not agree to these Terms are prohibited from using our Site or accessing any of our Contents, Services, and/or Products.
If you do not agree to ALL of these Terms, you are prohibited from using, visiting, viewing, downloading, purchasing or accessing any of our Contents, Services, and/or Products.
Rules that apply to our Sites
When you use, visit, view, download, purchase from, and/or access our Sites, you agree:
We reserve the right to disclose any materials you posted or information you provided in our Sites, in order to comply with any legal or governmental requests.
Personal Information
In order to download or purchase our Contents, Services, and/or Products, you may be required to provide personal information about yourself including but not limited to your name, email address, billing address, payment details, and other personal information. Any identifiable information that you provide us is governed by our Privacy Policy which you can access here.
You agree to give only your own complete, accurate, correct, and up-to-date information.
You shall not create a false identity or sign an agreement as someone else when using, visiting, viewing, downloading, purchasing, and/or accessing our Sites.
While we strive to protect your personal information, no data transmission over the web
can be guaranteed to be 100% secure. You agree that we cannot warrant the security of any information you transmit via the internet. When you transmit any personal information,
you do so at your own risk.
Username and Password
When you access our membership areas, you will need to create a user account that entails the submission of a username or password. You agree to protect your own username and password and to keep it confidential.
We reserve the right to terminate your access to any of our Contents, Services, and/or Products, without refund, in case you share your username or password or if we have reasonable grounds to suspect that you shared your username or password for purposes of allowing anyone person, group or individual, to have access to our Services, and/or Products.
Disclaimers
Our Content are solely for Educational and Informational Purposes Only
The Contents, Services, and/or Products stated in the Sites are of general nature and are not intended to be personalized financial/medical/legal advice. All information and/or resources we share and provide are intended for private use and solely for informational and educational purposes only.
The Contents, Services, and/or Products provided in or through our Sites pertaining to you, your business, career, or any aspect of your life is not intended to be a substitute for professional advice.
If you want personalized advice specific to your situation, consider seeking advice from a qualified professional in your locality or a professional that suits your individual circumstances.
We do not provide Medical or Mental Health Advice.
We are not holding ourselves as your doctor, physician, nurse, medical professional
(“Medical provider”), or Mental health provider. We do not provide health care, medical, or nutritional therapy services and neither are we diagnosing or attempting to diagnose, treat, prevent, or cure any physical, mental, or emotional issue, disease, or condition. Nothing
stated or posted on our Sites must be taken to be, the practice or medical, counseling,
or professional advice or care.
Do not use this Site or any of our Contents, Services, and/or Products if your mental or medical health care provider advises against it.
If you experience faintness, dizziness, pain, or shortness of breath at any time while using
or implementing any of our Contents, Services and/or Products, you should stop immediately and contact your medical or mental health provider. Do not delay or disregard medical advice given to you by your medical or mental health professional because of any information you may have
read on our Sites. Do not start or stop taking the medication without speaking to your
Medical or Mental health Provider.
Use this Site and our Contents, Services, and/or Products at your own risk. You should
not rely on any information on this Site as a substitute for, or replacement for professional
medical advice, diagnosis, or treatment.
We do not guarantee any specific Results
While we make every effort to ensure that we accurately represent our Contents, Services,
and/or Products, and the value they provide, there is no guarantee that you will achieve specific results by following the techniques, ideas, tips or strategies in our Contents, Services, and/or Products.
Your level of success in attaining the results claimed depends on several factors such as your background dedication, your skills, motivation, level of effort and commitment.
What we presented in our Site are examples of exceptional results. There is no guarantee that employing our techniques, ideas, tips or strategies, Contents, Services and/or Products will
yield the same results.
We cannot be responsible for your own actions. You should use your own due diligence when you use our Contents, Services and/or Products.
We do not guarantee earnings or income.
While we make every effort to ensure that we accurately represent all Contents, Services, and/or Products, and the value they provide, income and earnings statements made by us and our advertisers, sponsors, or affiliates are nothing but estimates of what a client can possibly earn. There is no guarantee that you will make these levels of income and you further accept the risk that earnings and income results will differ by individuals.
Building a business, whether online, offline, passive, or active takes time and effort. We cannot guarantee success because success and results will depend on your background dedication, your skills, motivation, level of effort, and market factors.
What we presented on our Site are examples of exceptional results. There is no guarantee that employing our techniques, strategies, ideas, products, and services will yield the same results.
Every business is different. We cannot be responsible for your own business decisions.
You should use your own due diligence when you use our Contents, Services, and/or Products.
Testimonials, Feedback, and Positive Reviews are but examples
The testimonials, reviews, opinions, and statements presented on our Sites are applicable to the individuals depicted. They are but examples and there is no guarantee that you will achieve the same results achieved by other Users.
We do not claim that they are typical results that Users generally achieve. The testimonials are not necessarily representative of all those who use our Contents, Services, and/or Products.
The testimonials displayed are given verbatim, except for the correction of grammatical or typographical errors. Some have been shortened in the event that the testimonial is lengthy, or if the entire testimonial did not seem relevant to the general public.
Fair Use Notice
We are aware that allowance is made for “fair use” for purposes such as criticism, comment, news reporting, scholarship, teaching, and research.
We do not own all our Content and it is possible that we used content that is owned by another person or entity. All rights and credit go directly to the rightful owners. We do not intend to infringe on the copyrights of others.
If you wish to use copyrighted material from our Site for purposes of your own, beyond “fair use”, you must obtain permission from us or the copyright owner.
Opinions that you find on our Site are those of the authors
The views and opinions expressed on our Site are those of the authors and do not necessarily reflect the official policy or position of Mindful Tree Educator and Tulasi Ilen Aeschlimann. Any content provided by our guest bloggers, authors, or speakers is their opinion.
Our views or opinions in our Site are personal and do not reflect the ideas, ideologies, or points of view of any organization we may be affiliated with, in a professional or personal capacity, unless explicitly stated.
Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.
We do not make any representations as to the accuracy or completeness of any opinion expressed on Our Sites.
We will not be liable for losses, injuries, or damages from the display or use of these opinions.
Our Site contains Content that you may consider offensive, controversial, or triggering. Use your discretion.
Our Sites may contain topics that Users may consider sensitive, profane, vulgar, violent, sexual, offensive, controversial, or objectionable. Some of our content may trigger post-traumatic stress disorder.
We do not endorse this content or information and they do not represent our opinions.
By using, viewing, visiting, subscribing to, purchasing from, or accessing our Sites, you agree that you were informed and warned about the nature of some of our contents. Your discretion is advised.
Our Sites may include Third-Party and Affiliate links. If you click or purchase something from the said link, we may earn a commission.
We do not guarantee the safety of any third-party Links found on our Sites. We have no control over and assume no responsibility for the content, services, courses, products, privacy policies, or practices of any third-party links. Proceed at your own risk.
Use your discretion when using products or services we endorse
Once in a while, our Site may feature sponsored posts for Products and Services that we tried.
We will only provide a truthful evaluation of such Products and/or Services. However, we make no warranties, guarantees, or representations as to the success, effectiveness, or safety of said Products and/or Services. Use them at your own risk.
You alone are Personally Responsible for your Actions
You acknowledge that you voluntarily used, viewed, purchased, subscribed to, downloaded from,
or access our Sites, Contents, Services, and/or Products. You alone are responsible for your choices, actions, and inactions. You agree to use your own judgment and due diligence before implementing any idea, suggestion, or recommendation from our Sites.
You agree that we are not liable to you or any third party
To the fullest extent permitted by applicable laws, you agree that we are not liable to you or
others in any way or for any direct, indirect, special, incidental, consequential, or punitive damages or claims, arising out of your use, visit, subscription to, download from, purchase from, or access of our Sites, Contents, Services, and/or Products, including but not limited to, liability or damages caused by viruses contained in electronic files in our Sites or any linked Sites, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or your inability to access or Sites.
You hereby release, forgive, and forever discharge Mindful Tree Education, Tulasi Ilen Aeschlimann, our employees, agents, contracts, and subcontracts, from any and all claims including those related to personal or business interruptions, misapplication, or information.
You agree that your sole remedy with respect to any claim arising out of your use of our Sites, Contents, Services, and/or Products is to cease using them.
Intellectual Property
The Site, Contents, Services, and Products, and all other information and Intellectual Property, including without limitation, copyrights, trademarks, designs, patents, trade secrets, and proprietary information, accessible on or through www.mindfultree.ch, any third-party websites we may use to distribute or host our Sites, Contents, Services, and Products, as well as emails we send to you, are owned by us and are protected by copyright, trademark, and other intellectual property laws.
Our name, the course, service and product names, logos, designs, taglines, and slogans are our trademarks which you cannot use without our written permission.
By using, visiting, viewing, downloading, purchasing, and/or accessing any of our Content, Services, and Products, you do not gain any right, title, or interest in the said intellectual property, unless we otherwise grant you rights through prior written authorization.
Any violation of our intellectual property rights and the Terms contained in this provision, including but not limited to unauthorized use, reproduction, copying, or dissemination of any of our Contents, Services, or Products, shall be prosecuted to the fullest extent of the law.
Limited Rights Granted to You
When you purchase and/or download any of our Content, Services, or Products, you are only granted a non-exclusive, non-transferable, limited, and revocable license that covers personal use.
Unless otherwise authorized, you cannot copy, share, forward, distribute, reproduce, republish or otherwise, disseminate, sell, license, rent, adapt, edit, translate, enhance, reverse engineer, or create derivative works of any of our Content, Services, or Products.
Any violation of the Terms contained in this section shall be considered infringement and shall be prosecuted to the fullest extent of the law. We reserve any rights that are not expressly granted in these Terms.
Content Sharing
You may share our Content found on our Sites only after requesting and receiving a written authorization from us. You can direct your request to mindfultreeeducation@gmail.com
Permission shall be conditioned on your agreement to abide by the following terms:
Unauthorized Use
In the event that you use any of our Contents, Services, and/or Products without our express authorization or contrary to the authorization we granted, you agree to pay liquidated damages of ten (10) times the total fees you paid for our Services, and/or Products, or a minimum of 5,000 euros if you did not pay any fees, in addition to other remedies that we may be entitled to pursue.
Piracy
In case you violate or threatened to violate any of our intellectual property rights, titles, or interests through acts such as but not limited to pirating, enhancing, reverse engineering, usurping, or creating derivative works of our Contents, Services, or Products, you agree to indemnify, pay and transfer to us any and all the earnings you gained or will gain through such violations, acts, or negligence.
You further agree that we do not need to prove any pecuniary damage on our part, it being sufficient that we prove that you violated or threatened to violate any of our intellectual property rights, titles, or interests.
You likewise agree to indemnify us in the case through your acts or negligence, another person is able to make use, disseminate, distribute or share our Contents, Services, and/or Products, or engage in any act that violates our intellectual property rights, title, or interests.
You recognize that any violation or threatened violation of our Intellectual Property Rights,
titles, or interests would cause irreparable injury to our business and reputation which may not be adequately compensated by damages. Therefore, you agree that any such violation or threatened violation will entitle us to obtain injunctive relief without having to file a bond, in addition to other legal remedies that we may pursue.
Your posts and Recordings of Group/Personal Calls
When you submit comments, photos, posts, images, videos, or other contributions (“Media”) to our Sites or any third-party Sites that we operate, you represent that you are the owner of such Media and that you are at least 18 years of age. You also give us permission to take your photographs, and make video and/or audio recordings of you (“Photographs and Recordings”), during our calls, webinars, workshops, or any other communications (“Communications”).If you are a minor, you cannot submit to us any Media without the consent of your parent or guardian.
You grant to us, or any of our contracts or subcontracts, unlimited, royalty-free, irrevocable, unrestricted, non-exclusive license to print, copy, use, transmit, exploit, modify, create derivative works from, display your Media, Photographs, and Recordings in any manner, or for any purpose, and to include them in our current or future Services, and/or Products.
You authorize us to use your Photographs, Recordings, and Media, including your image and likeness, and to identify you as the person in the Photographs or Recordings or the individual or author who submitted the Media. We can identify you either by your name, email address, social media handle, or screen name, for any purposes including marketing, advertising, or commercial activities.
At any time, or for any reason, we can elect to cease the use of your Media, Photographs, and/or Recordings.
You further agree to grant us intellectual property rights to your Media, Photographs, and Recording without the need to ask permission from you or to compensate you, now or at any time in the future.
We do not use the photographs, recordings, or any Media that includes a Minor without the express consent of the Parent/Guardian.
Payment Terms
When you Download or Purchase any of our Services, and/or Products, you may use a bank account, credit card, debit card, Stripe, TWINT, or PayPal
You give us permission to automatically charge your credit card for payment and you will receive your receipt via email following your Purchase. This receipt should be retained for your records.
In case you elect to pay in installments, you give us permission to automatically charge each installment on your bank account, credit card, debit card, or PayPal without asking your permission. The amount and dates when each installment is due are agreed upon at checkout.
In case your payment method is declined, we will give you a grace period of 7 (seven) days to settle your account. After which, you will automatically lose access to any of our Services, or Products you purchased, without a refund of payments already made. The total or full cost of your Purchase is still due, and you remain responsible for settling it despite your payment method being declined.
We do not entertain, tolerate or accept any type of chargeback threat or actual chargeback from your credit card company placed on your purchase or download of any of our Services, and/or Products.
Should request for a chargeback, we reserve the right to report you to all credit card reporting agencies (CRA) or to any other entity for inclusion in any chargeback or delinquent account database.
You understand that our report which includes your name, e-mail address, and billing address, could negatively impact your credit score/credit report.
You can only have the report removed by contacting us at mindfultreeeducation@gmail.com and arranging for the payment of any outstanding payment.
No Refunds
Due to the nature of our Services, and Products, you agree that all sales are final. You agree and understand that no refunds shall be issued, for whatever reason. If you have concerns or if there is anything we can do to ensure your satisfaction, please email Tulasi Ilen Aeschlimann at mindfultreeeducation@gmail.com.
If you are returning an item because of an error on our part or because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you and pay your costs of returning it to us. Please contact us first at mindfultreeeducation@gmail.com before sending the goods back.
Cancellation or Rescheduling of Sessions
You may reschedule any sessions, provided that you give a notice 48 hours before the agreed appointment date. In case a notice is given less than 48 hours before the session, the session will be considered completed and payments will be forfeited, in which case, no refund will be given.
In the event that you fail to join a session within 15 minutes from the agreed appointment time, we will forfeit any payments made and the session is deemed completed, in which case, no refund will be given. No extensions will be allowed in case we started late without fault on our part.
Termination
In case you abuse, breach or violate any of these Terms, our Privacy Policy and any other terms to which you agreed to with us, we will terminate your use or access to our Sites, Services, and/or Products, without refund, at our sole discretion and without the need to notify you.
We will not be responsible for any claims, damage, or liability you may suffer arising from or in connection with such exclusion or discontinuance.
Assignment of Rights
You agree that we can assign, transfer, and subcontract our rights and/or our obligations as stated under these Terms without having to notify or wait for your consent. You are however not allowed to assign, transfer and/or subcontract your rights and/or obligations stated under these Terms.
Complaints and Arbitration Clause
If you have any complaints or grievances, contact us first at mindfultreeeducation@gmail.com so that we can resolve the dispute with you, to our mutual satisfaction as quickly and effectively as possible.
In case we are unable to amicably resolve the dispute, you agree to submit it to binding arbitration to occur in or nearest Zurich.
You agree and hereby waive any right to class arbitration. You further agree to conduct an arbitration solely based on your individual claim and/or entirely related to your claims against us. The arbitral proceedings shall be concluded in English.
You further agree that you shall be responsible for all the costs that are associated with initiating the arbitration proceedings and all administration costs related thereto.
You hereby understand and agree that you are waiving your right to a jury trial in any court of any jurisdiction, which would otherwise be available to you if not for this Arbitration Clause.
Any award or judgment that is issued by the arbitrator shall be binding. The only award that can be issued to you is a refund of any payment made to us for the particular Service, Course, or Product that you purchased from us. You agree that you are not permitted to seek additional damages, consequential, punitive, or otherwise.
No relationship created
You agree that by using of our Contents, Services, or Products, no joint venture, employment or agency relationship is created between you and us.
Entire Agreement
These Terms constitute the entire agreement between you and Mindful Tree Education/Tulasi Ilen Aeschlimann pertaining to our Sites, Contents, Services, and/or Products. These Terms supersede all and prior or contemporaneous agreements, representations, proposals, and understandings between us.
Severability
In case any provisions of these Terms are held invalid, illegal, or unenforceable, any other provisions or part thereof not affected shall remain valid, in full force and effect. The provision rendered invalid, illegal, or unenforceable shall be changed or interpreted so as to best accomplish the objectives and purpose of the whole provision and/or these Terms.
Changes to these Terms
We reserve the right to update, replace, or change any part/s of these Terms without having to personally notify you. It is your responsibility to check these changes and to update yourself.
Any new Content, Services, and/or Products we add to our Sites shall be subject to these Terms. By remaining and continue using and/or purchasing from our Site after we posted the modifications, you are deemed to have implicitly and voluntarily accepted the changes to these Terms.
Consent to Governing Law and Jurisdiction
These Terms, claims, or disputes arising out of it shall be governed by the laws of Switzerland.
If you have any questions or concerns regarding these Terms and conditions, please contact us:
E-mail: mindfultreeeducation@gmail.com
Updated on 20. February 2022
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