Terms and Conditions of Use
Please read these Terms and Conditions of Use carefully (the "Terms"). These Terms govern and apply to your access and use of the website and booking platform offered by Mindful Career Inc. (“Mindful Career”) via GoDaddy.com LLC (“GoDaddy”) (the “Platform”). Mindful Career’s career counseling services, powered by a GoDaddy website (the "Service(s)") and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Platform (collectively referred to as "Content") are subject to the Terms. By accessing or using the Service, you agree to comply with and to be bound by all of the terms and conditions described in these Terms, including, without limitation, the Cancellation and Return Policy, as set out below and GoDaddy’s terms of service as set forth here and incorporated by reference:
If you do not agree to all of these terms and conditions, you are not authorized to use the Service. The terms “You", "Your,” and “Yourself” refer to the individual user of the Service.
You hereby certify that you are (i) over the age of eighteen (18) or have the legal ability to consent to career counseling and authorize any payments required to book a session. You hereby agree to provide certain basic contact and payment information in order to reserve a time slot with a Career Coach (defined hereinafter) (examples of required information are: name, email, phone number and credit card information). You acknowledge that your ability to access and use the Service is conditional upon the truthfulness of the information you provide regarding your authority to enter into a service contract with Mindful Career and that Mindful Career is relying upon this representation in order to interact with you and provide the Services.
1. Site Content
Including the guidance and advice you receive directly from your professional career coach assigned to perform the Service (“Career Coach”), educational, graphics, research sources and other incidental information on the Platform, the Content, should not be considered as psychiatric or any other kind of warrantable advice and should not be relied on to relieve any psychological symptoms including but not limited to stress or depression. Mindful Career does not endorse any specific tests, products or procedures.
For clarity, Mindful Career does not warrant to any degree, that purchasing the Services shall result in any economic benefits, career advancement or financial relief of any kind.
2. Restrictions and Acceptable Use
You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these Terms. You shall not post, use, store or transmit (i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to the Platform or to any other user information, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither Mindful Career nor its officers or consultants are under any obligation to respond to messages posted on the Service.
Any payment you make for the use of the Services (the “Fee”) is used to compensate Mindful Career for its software costs, overhead, administrative services and other corporate costs and fees, including transaction fees for credit card usage.
Such payments are to be made in advance in order to ensure accountability. Part of the Fee shall be remitted to the Career Coach for the direct Services provided to you. Mindful Career does not hold itself out as your direct provider of the Services as that is the role of your verified Career Coach.
You agree to pay all fees and charges associated with your booking requirements in accordance with the instructions and rates published on the Platform, which may be amended from time to time by Mindful Career, at its sole discretion. Such Fees and charges (including any taxes, as applicable) may be charged to the credit card you provided when you book a session on an “on demand” basis. You agree to provide valid credit card information when you are booking for the Services. By providing Mindful Career with credit card information, you authorize Mindful Career to bill and charge your credit card.
4. Cancellations, Booking Adjustments and Refunds
In any case where you need to re-schedule or cancel a session that was booked and paid for, it must be done a minimum of Seventy-two (72) hours prior to the scheduled session that was originally booked using the Platform. Last minute cancellations have a direct impact on the Career Coaches schedules and on Mindful Career’s economic viability. This is an essential consideration of the Terms and of your use of our Services. Please respect this requirement.
Should you fail to advise Mindful Career of the change or cancellation for your booking within the period required, as stated above, there will be no refunds provided whatsoever. Should Mindful Career receive notice within the prescribed delay it will either i) in the case of a cancellation, fully refund the entire cost of the session to you or ii) in the case of a rescheduling, maintain the Fee that was initially paid and apply it to the rescheduled session.
Mindful Career does not directly employ the Career Coaches matched to you through the Service. Mindful Career created a modern, digital network of trained Career Coaches. Mindful Career only works with independent, vetted professionals. Mindful Career is not involved in the Coach-client relationship and does not interfere, validate or control the Career Coach’s advice or recommendations unless following up on a particular complaint. You are always advised to exercise a high level of care and caution in the use of Mindful Career.
6. Intellectual Property
All of the Content available on or through the Service is the property of Mindful Career or its licensors (including GoDaddy) and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party.
Subject to the terms of these Terms, Mindful Career hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, content and documentation on the Platform to the extent, and only to the extent, necessary to access and use the Service.
The license granted herein does not permit you to, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Platform or Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.
ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MINDFUL CAREER DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, MINDFUL CAREER DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK. YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. MINDFUL CAREER CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.
8. Limitations of Liability
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL MINDFUL CAREER, ANY MINDFUL CAREER LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANYCONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL MINDFUL CAREER, ITS LICENSORS OR SUPPLIERS OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF MINDFUL CAREER OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Mindful Career Platform advises both its client/users and Career Coaches to be aware of and respect and comply with the local laws of any Client. Mindful Career is cognizant and respects the formal promulgation of the existing European Union (EU) data privacy regulations. Mindful Career is hosted on a GoDaddy platform which offers all its sites, the following:
GoDaddy offers certain hosted Services that may involve the processing of personal data about web users (“Your Data”) in the course of your use of the Services. GoDaddy’s Controller to Processor Data Processing Addendum (“DPA”), which is hereby incorporated by reference and applicable to the Services, is meant to provide you contractual assurance that we have robust mechanisms to ensure the processing of Your Data is private and safe.
(transcribed from from GoDaddy’s Universal Terms of Service – See Link above)
No Personal Data Collection: Mindful Career does not itself, collect or store any of your personal data. While your basic payment information is subject to the Terms and Conditions applicable to GoDaddy platforms, Mindful Career does not retain anything besides anonymized records of payments, for accounting purposes, for the duration of time required by local laws.
Notice/Audit: At Mindful Career, we will provide our clients notice of any data breach.
Mindful Career may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. Mindful Career has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Mindful Career reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.
All disputes, controversies, or claims arising out of or relating to the Services shall be resolved by binding arbitration under the Rules of Arbitration of the International Chamber of Commerce (the "ICC Rules"). The following provisions shall apply to an arbitration commenced pursuant to this clause:
a) The number of arbitrators shall be one, who shall be appointed in accordance with the ICC Rules.
b) The place or legal seat of the arbitration shall be Montreal, Quebec, Canada.
c) The language to be used in all aspects of the arbitration shall be English.
d) All awards issued by the arbitral tribunal shall be final, non-appealable and binding on the Parties. Any award may be filed in any court of competent jurisdiction and may be enforced by a Party as a final judgment in such court. The Parties expressly waive, to the maximum extent permitted by law, any right of appeal of any award.
e) The Parties agree that any arbitration carried out hereunder shall be kept strictly private and confidential, and that the existence of the proceedings and any element of it (including but not limited to all awards, the identity of the Parties and all witnesses and experts, all materials created for the purposes of the arbitration, all testimony or other oral submissions, all documents disclosed in arbitration and all documents produced by a Party that were not already in the possession of the other Party) shall be kept strictly private and confidential, except (i) with the consent of the Parties, (ii) to the extent disclosure may be lawfully required in bona fide judicial proceedings relating to the arbitration, (iii) where disclosure is lawfully required by a legal duty, or (iv) where such information is already in the public domain other than as a result of a breach of this clause. The Parties shall request that the arbitral tribunal and the ICC keep any arbitration carried out hereunder strictly private and confidential, including but not limited to all of the foregoing items, and shall request that the arbitral tribunal and the ICC refrain from publishing or disclosing any such items. The Parties also agree not to use any information disclosed to them during the arbitration for any purpose other than in connection with the arbitration.
The present Agreement shall be construed, interpreted and enforced in accordance with, and respective rights and obligations of the Parties shall be governed by, the laws of Quebec and Canadian law applicable herein.
Mindful Career’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Notices required to be given to you by Mindful Career may be delivered by electronic mail to the address provided on the Platform. These Terms constitute the entire Agreement between Mindful Career and yourself regarding the Service and supersede and replace any prior agreements you and Mindful Career might have regarding the Service. Mindful Career may revise these Terms from time to time without notice to you. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read the Terms periodically.