TERMS AND CONDITIONS OF PURCHASE AGREEMENT – Courses and retreats

Please read carefully. By purchasing this product, the following Terms and Conditions are entered into by The Mindful Cook Ltd. (“Company”, “we”, or “us”) and You (“Client” or “You”) agree to the follow terms stated herein.

All programs, products, courses or services are owned and provided by The Mindful Cook (“Company” or “we” or “us” or “our”). The term “you” or “your” refers to any user or purchaser of said program(s), product(s), course(s), or service(s) (the “Course”). These Terms and Conditions of Use (“Terms”) govern and define how you are allowed to use and access Company’s Course. We reserve the right to update and change these Terms at any time and will update them accordingly with the ‘date last updated’ at the top of this page.

You are legally bound to these Terms whether or not you have read them.

As part of the programme or courses, the Company shall provide the following to Client:

A password protected area: The Company shall maintain a course/programme area that will include video, audio and written lessons, worksheets, checklists, PDF lessons and other training and support information. You shall have access to this Programme Area for as long as the Programme Area exists, however no less than 120 days. In the event that Company intends to close the Programme Area, it shall provide clients with a 30 day notice and the ability to download the core resources contained in the Programme Area.

From time to time, the Company will offer bonuses and price offers to individuals who sign up for the Programme. You shall be entitled to any bonuses and price deals offered to you at the time of your enrolment. Bonuses are not guaranteed to be available for the entire lifespan of the programme and they vary depending on specific live and automated promotions throughout the year.

If you are on a course with a linked Facebook community. The Closed “Students Only” Facebook Groups fall under this bonus category. This group is a “community ran group” meaning that students are encouraged to help each other. A Community Manager, employed by the Company, oversees the group to ensure it is running smoothly. You shall have access to this closed Facebook Group area for as long as the closed Facebook Group Area exists, and you are enrolled on a course, however no less than 120 days. In the event that Company intends to close the closed Facebook Group Area, it shall provide clients with a 30 day notice.

PRICING

Fees for Courses are set on the website. We reserve the right to change Course prices at any time.

PAYMENT PLANS:

If you select the payment plan, you must pay the initial payment immediately and then your selected payment method will be automatically charged the following 1 payment on a monthly basis. If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program.

METHODS OF PAYMENT

If you elect for the payment plan, you hereby authorise the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your programme access will be removed.

If you do not request a refund within the terms of the programme, you are required by law to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorise us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.

REFUNDS

If you are unhappy with the course content for any reason, please email Josie at: josie@themindfulcook.co.uk. Josie will do her best to assist you, talk through your concerns and refund any fees where necessary.

CONFIDENTIALITY

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Programme, you hereby agree to respect the privacy of other Programme participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Programme participants outside of the bounds of the Programme unless you receive express written permission from such other participant to share the information. Similarly, the content of the Programme contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Programme with anyone other than the Company, it’s owners and employees, and other Programme participants.

DISCLAIMER

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Programme.

Client understands Josie Buck (herein referred to as “Consultant”) and The Mindful Cook Ltd., is not an agent, lawyer, doctor, manager, counsellor, registered dietician, nutritional therapist, or psychotherapist. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) act as a therapist providing psychoanalysis, psychological counselling or behavioural therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this programme. If the Parties continue their relationship, a separate agreement will be entered into.

NO TRANSFER OF INTELLECTUAL PROPERTY

We are the owners or licensees of all intellectual property rights in the website, and the digital products or services you purchase, including any databases that hold relevant information about the website or its digital products or services. These rights are protected by copyright or trade mark registration and you may only use the digital products or services, or any part of them, in accordance with these terms.

Upon payment of the price for any of our digital products or services we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to use the digital products or services for your own personal, non-commercial use. 

You must not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any digital products or services, or part of the digital products or services, that you purchase through this website or from us unless agreed with us in writing. To do so would be breaching our intellectual property rights, and we reserve our rights to take legal action if this occurs.    

YOU​ ​MAY:

Access the Courses for your individual use;

Download and/or print any Course materials for your individual use.

YOU​ ​MAY​ ​NOT:

Re-sell or trade your access to the Course;

Share the Course with anyone else who has not yet purchased it or opted to receive it;

Reprint any portion of the Course, except as set forth above and for your own individual use;

Republish any of the Course, in part or in whole;

Distribute any of the materials contained in the Course or related materials and/or communications as your own;

Reproduce and alter any part or whole of the Course for distribution as your own work;

Claim ownership or use over any of our intellectual property without our prior written consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, taglines or other unique source identifiers;

Use our Course or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors.

You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Programme are the trademarks of their respective owners.

Your participation in the Programme does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Programme, You agree to observe and abide by all copyright and other intellectual property protection.

The Company content is not for resale. Your participation in the Programme does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.

CLIENT RESPONSIBILITY

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Programme, you hereby agree to respect the privacy of other Programme participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Programme participants outside of the bounds of the Programme unless you receive express written permission from such other participant to share the information. Similarly, the content of the Programme contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Programme with anyone other than the Company, it’s owners and employees, and other Programme participants.

FORCE MAJEURE

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

MISCELLANEOUS

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Programme and/or any information and resources contained in the Programme. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Programme.

MODIFICATION

Company may modify terms of this agreement at any time. All modifications shall be posted on the The Mindful Cook Ltd website and purchasers shall be notified.

TERMINATION

The Company reserves the right, in its sole discretion, to terminate your access to the Programme and the related services or any portion thereof at any time, if You become disruptive to the Company or other Programme participants, if You fail to follow the Programme guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

CONTACT.​

​If you have any questions about any term of these Terms of Use, please contact us at josie@themindfulcook.com. The Mindful Cook Ltd

Last Updated: 20 March 2020

RETREAT TERMS AND CONDITIONS

This is what you need to know when booking on a retreat:

  1. By making a booking with The Mindful Cook, you accept these Terms and Conditions. A booking is accepted and becomes definite once you make a payment and I send you a confirmation email.
  2. It is your responsibility to check the booking and ensure that the contained therein are correct.
  3. A deposit of £100 will be taken for each booking. This deposit becomes non-refundable within 60 days of the event start date.
  4. The remaining balance of your retreat payment is due 2 months or approximately 60 days before the retreat start date. We notify you of the balance due date after your deposit has been processed. We understand that unexpected events can arise that can affect your plans. We recommend all our retreat guests purchase travel insurance to protect their purchase. We have partnered with Travel Guard to provide such policies to our valued clients.
  5. If choosing to pay a deposit and the balance is not received at the requested date of 2 months prior to the start date The Mindful Cook reserves the right to cancel the booking and retain the deposit.
  6. In the event of cancellation by the customer, regardless of the circumstances, the following refund fees apply:
  7. Cancellation 6 weeks or less before due arrival date, 0% refund
  8. Cancellation 7 weeks before due arrival date, 25% refund
  9. Due to situations beyond our control, The Mindful Cook reserves the right to change, bookings and shall inform the customer as soon as possible. Alternative arrangements may be offered but we do not accept responsibility for any costs incurred.
  10. We reserve the right to increase or decrease retreat prices.
  11. As a retreat guest the customer shall keep all retreat fixtures, fittings, furniture and effects of the venue in a clean and good condition and shall replace any articles which are destroyed or missing with articles of a similar kind and of equal value.
  12. The Mindful Cook reserves the right to alter any facility, accommodation or activity.
  13. The customer must comply fully with all and any health and safety regulations introduced by The Mindful Cook. Customers who have injuries or illnesses are advised to seek doctor’s advice if practicing yoga. The Mindful Cook is not liable for any injuries to the customer in his/her use of our facilities or participation in activities. A customer must always stop and rest if he/she is feeling any pain or sickness and inform the teacher of any previous injuries.
  14. The Mindful Cook cannot accept any responsibility for loss or damage of personal possessions or valuables of the customer.
  15. The Mindful Cook reserves the right to cancel or postpone any retreat for any reason, but will not cancel less than 90 days before departure except for Force Majeure, unusual or unforeseen circumstances outside our control. The Mindful Cook is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the booking cancellation such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc
  16.  Force Majeure. The Mindful Cook shall not be liable for any failures beyond its control. This covers natural disasters, war, ‘acts of God’, closure of airports, pandemics, civil strife, accidents or failure to perform by third parties, including suppliers and subcontractors.
  17.  These terms and conditions shall be governed by English Law and the parties consent to the exclusive jurisdiction of the English courts in all matters regarding them.