Terms & Conditions
Your continued use of the Service after changes become effective shall mean that you accept those changes. You should visit the services regularly to ensure you are aware of the latest version of the Terms, as any revised Terms shall supersede all previous Terms.
The pursuit of Healthiness may modify the Services or discontinue their availability at any time.
You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with your access to and use of the services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
If You elect to access or use our services that involve payment of a fee, then you agree to pay and will be responsible for payment of, that fee and all taxes associated with such access or use. if you provide the credit card information to pay for such fees then you hereby represent and warrant that you are authorized to supply such information and hereby authorize Pursuit of Healthiness to charge your credit card on a regular basis to pay the fees as they are due.
If your payment method fails or your account is past due, then We may collect fees owed using other collection mechanisms. this may include charging other payment methods on file with Us and/or retaining collection agencies and legal counsel. we may also block your access to any of The services pending resolution of any amounts due by You to Pursuit of Healthiness.
All of your use, access and other activities relating to the services must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. further, access to our services from territories where their contents are illegal is prohibited. you agree to comply with all applicable laws regarding the transmission of technical data exported from Spain or the country in which You reside. you must agree to abide by all local rules regarding online conduct and acceptable content.
Your Pursuit of Healthiness membership will continue until terminated. Unless you cancel your membership before your payment date, you authorize us to charge your membership fee to your Payment Method (see “Cancellation 5.3” below). To use the Pursuit of Healthiness´s/Mindsense service you must have Internet access and a compatible device, and you must provide us with a current, valid, accepted method of payment, which you may update from time to time (“Payment Method”).
In relation to per, course and/or lifetime memberships or any other form of access excluding subscription membership Pursuit of Healthiness/Mindsense reserves the right to terminate membership without refund if your Account is inactive for a continuous period of 60 days or more at any stage subsequent to purchase. Should the user wish to reactivate the lifetime membership they may do so at the rates available at that future time. Activity and inactivity is defined based by a users’ login to either desktop or mobile services determined by Pursuit of Healthiness/Mindsense.
Third-party vouchers used to gain membership may only provide access to a single course or program, after which point you will adhere to the same membership fees as a standard member.
Whilst we do not provide refunds or credits for any partial membership periods or lessons or Courses, please contact us at email@example.com
Billing Cycle. The membership fee for our service will be billed on a recurring basis in accordance with your membership plan. You will be billed to your Payment Method on the calendar day corresponding to the commencement of your paid membership. In some cases, the timing of your billing may change, for example, if your Payment Method has not successfully settled or if your paying membership began on a day not contained in a given month.
Payment Methods. If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method. You authorize us to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Cancellation: You can cancel your Pursuit of Healthiness´s Coaching membership at any time. If you want to enquire about a payment made on your account, please contact us at firstname.lastname@example.org.
Changes to the Price and Service Plans. We reserve the right to and may change our service plans and the price of our service from time to time. The pursuit of Healthiness will communicate any price changes to you in advance. We will post the changes on this page and/or notify you, either through the member's user interface, the membership and payments user interface and/or through other reasonable means such as by email notice sent to the email address specified in your account or otherwise. price changes for membership subscriptions will take effect at the start of the next subscription period following the date of the price change. Price changes for Membership Subscriptions will take effect at the start of the next subscription period following the date of the price change. please therefore make sure you read any such notification of price changes carefully and if you have any questions or concerns regarding your account, please contact us at email@example.com. please therefore make sure you read any such notification of price changes carefully. For all payment related enquiries, please contact us at: firstname.lastname@example.org
If a client purchases a 1:1 coaching session, by checkout page or single click purchase, refunds cannot be provided without just cause, as defined by incorrect content or pricing. Single purchases.
5. SUBSCRIBER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS.
Subscriber promises, acknowledges, and agrees on behalf of itself and any other Subscribers added to their subscription (“Authorized End Users” or “Multi-User Subscriptions”) that:
Access privileges may not be transferred to any third-parties; It will not access, store, distribute or transmit any Viruses;
It will comply with all applicable laws and regulations with respect to use of the Services;
It will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Services or any component thereof;
It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;
It will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or contained in the Services;
It is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Services;
It will not use the Services
in any manner, or in connection with any content, data, hardware, software or other materials that infringe upon or violates any patent, copyright, trade secret, trademark, or other intellectual property rights of any third party, or that constitutes defamation, libel, invasion of privacy, or violation of any right of publicity or another third party right, or that is threatening, harassing or malicious.
6. AVAILABILITY OF WEBSITE
Subscriber recognizes that the traffic of data through the Internet may cause delays during the download of information from the Website and accordingly, it shall not hold the Company liable for delays that are ordinary in the course of Internet use. Subscriber further acknowledges and accepts that the Website will not be available on a continual twenty-four-hour basis due to such delays, or delays caused by the Company’s upgrading, modification, or standard maintenance of the Website.
7. THIRD-PARTY LINKS OR INFORMATION
This Website may contain links to other websites that are not operated by or related to Company. Company is not responsible for the content, accuracy or opinions expressed in such third-party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by Company. A Subscriber that leaves this Website to access these third-party sites does so at its own risk.
8. DISCLAIMERS OF STATEMENTS/WARRANTIES
SUBSCRIBER’S USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT ITS OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY STATEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY STATEMENT, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY PROMISES THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR ANY PORTION THEREOF, WILL BE ACCURATE, RELIABLE, ERRORFREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET SUBSCRIBER’S NEEDS OR EXPECTATIONS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
9. LIMITATION OF LIABILITY
COMPANY DOES NOT IN ANY WAY EXCLUDE OR LIMIT ITS LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL FOR COMPANY TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.
(I) THE AMOUNT PAID BY SUBSCRIBER TO COMPANY IN SUBSCRIPTION FEES DURING THE TWO (2) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM OR ACTION AROSE OR
(II) TWO HUNDRED DOLLARS ($200), REGARDLESS OF WHETHER THE CLAIM OR ACTION IS BASED ON CONTRACT, TORT, WARRANTY, INDEMNIFICATION OR OTHERWISE. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. SUBSCRIBER WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE SERVICES BY SUBSCRIBER AND/OR ITS AUTHORIZED END USERS. THIS SECTION APPLIES TO INDIVIDUAL SUBSCRIBER RESIDENTS OF A EUROPEAN UNION MEMBER COUNTRY: IN NO EVENT WILL COMPANY, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL LOSSES (WHERE CONSEQUENTIAL LOSSES MEANS LOSS ARISING AS A SIDE EFFECT OF THE MAIN LOSS), WHICH ARE NOT A REASONABLY FORESEEABLE CONSEQUENCE OF SUCH MAIN LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO (I) LOSS OF INCOME OR REVENUE; (II) LOSS OF BUSINESS; (III) LOSS OF PROFITS; (IV) LOSS OF ANTICIPATED SAVINGS; OR (V) LOSS OF DATA.
Subscriber agrees to compensate and defend fully Company, its officers, employees, agents, successors, and assigns, from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any third-party claim, action or demand arising out of any breach by Subscriber of any representation, warranty, covenant, obligation or a duty of Subscriber under this Agreement.
All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or earlier termination of these Terms of Service.
15. COMPLETE UNDERSTANDING