Thank you for purchasing the Mindfulness for Modern Life (MBCT-L) Course (“Product”). All sales are final for this course. By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the product for which these terms appear ("Product," “Course,” and/or “Program”), you (“Client” and/or “Customer”) agree to be provided with products, programs, or services by Natalie Englander ("Owner") in their capacity as owner of Natalie Englander Ltd (“Company”), and you are executing a legally binding agreement with the Company, subject to the following terms and conditions:
The Company provides online mindfulness based cognitive therapy courses to millennial women. The Company has created the Product to teach course participants how to incorporate mindfulness into their daily lives. The Product is an 8-week course including weekly live 2 hour sessions on Zoom, pre-recorded meditations, and a course workbook.
2. TERM & TERMINATION
This Term of this Agreement shall be eight (8) weeks, from October 10, 2022 (“Start Date”) to November 28, 2022 (“End Date”), with the exception of Section 6 through 11, which shall survive the Term of this Agreement.
Termination - Customer dissatisfaction with the Company subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to Customer. Even if Customer does not complete all portions of the Program, Customer is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Program at checkout and executing these Terms and Conditions.
The Company is not a psychiatrist, psychologist, psychotherapist, doctor, counsellor, or other licensed healthcare provider while delivering this mindfulness course. The course is not group therapy and it is not a substitute for counselling, psychotherapy or medical advice.
Customer understands that the Program is created to help Customer learn new skills and assist Customer with finding his/her own direction. The Program may offer guidance regarding decisions about how to practice mindfulness and use cognitive-behavioural tools, but it is the responsibility of the Customer to make the final decision and choose the best option for themselves.
Customer understands that the Product has been designed by the Company for general educational and informational purposes only, with the goal of teaching Customer new mindfulness skills and providing Customer with awareness of cognitive-behavioural tools. Through the Product, the Company might provide guidance regarding how to implement mindfulness and cognitive-behavioural tools to improve their wellbeing, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision for themselves. By using the Company’s services and purchasing this Product, Customer accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Customer agrees that the Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program. Customer agrees that use of this Product is at the user's own risk.
Customer hereby acknowledges that mindfulness based cognitive therapy courses are subjective services and Company’s methods to provide this service may change in terms of style and/or technique. The Company may use its personal judgment to provide the Program services to Customer, even if these methods do not follow strict adherence to Customer’s suggestions.
MINDFULNESS BASED COGNITIVE THERAPY FOR LIFE (MBCT-L) –
- Customer understands that Mindfulness Based Cognitive Therapy for Life (MBCT-L) is a skills-based course rather than group therapy, and is intended for people who want to reduce stress and improve mental wellbeing (hereinafter referred to as “MBCT-L”).
- Customer also understands that the Product is not a substitute for medical and/or other physical and mental health care. Customer hereby understands and agrees that Company is not “diagnosing” or “treating” the physical body or mental health conditions, which falls under the jurisdiction and expertise of licensed medical health care providers. Customer hereby acknowledges and agrees that they shall consult their health care provider and discuss any recommendations made by the Company. From time to time, it is possible that the use of mindfulness practices and/or cognitive-behavioural tools may present itself in physical and/or emotional manners. Customer also agrees to immediately inform their health care provider of any illness, pain, or other mental distress and/or physical discomfort that occurs during or after Customer’s participation in the Program.
- Customer also acknowledges and understands that the exact benefits and risks of MBCT-L are not fully known. As such, all methods used by the Company are merely experimental and cannot promise to deliver specific results or achieve specific outcomes. Customer hereby assumes and accepts all risks associated with the Program described herein.
This Product does not include: 1) 1:1 mindfulness coaching 2) mental health assessment, diagnosis and/or treatment 3) therapy sessions in the form of psychotherapy, psychoanalysis, or cognitive behavioural therapy 4) mental health crisis support 5) medical advice.
Customer hereby acknowledges that Customer is solely responsible for their wellbeing and mental health during the course and by implementing techniques and advice provided by the Course. Customer also acknowledges that the Company cannot and does not guarantee that implementation of the Course will provide Customer with improved wellbeing and mental health. Customer also agrees that he/she is solely responsible for any decision Customer makes and indemnifies the Company from any liability regarding said decision.
Customer hereby acknowledges that Customer is solely responsible for ensuring they are psychologically and physically fit to participate in the Program. Customer also agrees that he/she is solely responsible for any decision Customer makes about whether to take part in a specific activity during the course, including those that require physical movement such as mindful stretching.
The Company reserves the right to refuse the Customer entry into a session and to remove a Customer from the course if deemed by the Company to be unsuitable for the course.
Customer hereby acknowledges that should a session need to be cancelled by the Company, this session will resume the following week and The Product will shift from 8 weeks to 9 weeks in length. Customer agrees to block out 9 weeks in their diary to allow for this, and if unable to make the final session in week 9 Customer is able to watch the session recording to catch-up.
4. PROGRAM SPECIFICS
The Product includes eight 2 hour live sessions, consisting of guided meditation practices, reflection on the experiences of the meditation practices, discussion of experiences of home practice during the week, cognitive behavioural exercises and subsequent learning reflections, and discussion of home practices for the following week. The Product also includes presentation slides, pre-recorded meditations for home practice, and a workbook.
This Product may be distributed by the Company either directly or through a third-party platform. The Company reserves the right to substitute services equal to or comparable to the value of Product if reasonably required by the prevailing circumstances as determined by the Company. Access to this Product is currently through a third-party platform, Zoom Video Communications (“Zoom”). The Company is not liable for any limitation of access to the Product caused by Zoom.
Customer understands that by signing up to the course they will be added onto the Company’s email list for the purpose of receiving session summary emails and that they can unsubscribe at any time.
5. CLIENT’S RESPONSIBILITIES
The Product has been developed for educational purposes only. The Company has established its proprietary Product in order to educate and inspire Customer to pursue his/her personal goals. However, Customer hereby acknowledges that the Company does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Product. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Product. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain his/her goals by simply completing the Program.
Nevertheless, Customer acknowledges that he/she can optimise their potential results from the Product by adhering to the following:
● Completion of all Product material, including assignments and worksheets;
● Thoughtful and meaningful participation in all live sessions;
● Utilisation of the Product’s workbook;
● Attending each live session at the scheduled date, on time;
● Taking 100% responsibility for Customer’s results, 100% of the time.
6. PAYMENT & FEES
(a) Upon execution of this Agreement, Customer agrees to pay to the Company the full purchase amount for the Product, regardless of what payment option Customer selects at checkout.
(b) If Customer selects a payment plan option, Customer agrees to pay all fees pursuant to the payment schedule outlined at checkout and selected by Customer, or else Company reserves the right to send Customer to collections for any outstanding monies due and owed under this Agreement.
(c) Customer authorises Company to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Customer selected at checkout, and Customer does not require separate authorisation for each payment.
(d) If any payments fail, Customer agrees to remedy the situation immediately (i.e. update Customer’s payment information, provide a new credit card, and/or make all past-due payments within 5 business days) or else Customer forfeits his/her right to access the Product.
(e) The Customer shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. Company reserves the right to collect any and all monies owed by Customer to Company for the Program, by any means necessary within the parameters of the law. The Customer shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, the Company the right to report the incident to credit reporting agencies as a delinquent account.
(f) Late Fees – Company understands that, from time to time, there are issues with payment. All payments must be received by the Company within five (5) days of the due date for that instalment. Any payments not received within 5 days of their due date shall be subject to a late fee of £30.00 GBP. Any payments not received within 10 days of their due date shall result in Customers breach of these terms and may result in removal of access to the Program. Customer shall still remain responsible to make all payments due and owing under this Agreement to Company in the event Customer’s access to the Program is revoked.
7. REFUND POLICY
The Customer can receive a full refund if they request a cancellation by email within 14 days of purchasing the course (day 1 being the day you made the purchase), unless the course is due to take place within this 14 day period in which case the booking cannot be cancelled and no refund will be given. No refunds will be given under any other circumstances.
8. NON-DISCLOSURE, CONFIDENTIALITY & NON-DISPARAGEMENT
Confidential Information & Non-Disclosure - Company takes pride in its proprietary information included in each Product. As such, Customer agrees and acknowledges all Confidential Information shared through this Product and by the Owner is confidential, proprietary, and belongs exclusively to the Company.
“Confidential Information” includes, but is not limited to:
● Any systems, sequences, processes or steps shared with Customer;
● Any information disclosed in association with this Agreement;
● Any systems, sequences, processes, or trade secrets in connection with the Product or Company’s business practices.
Customer Confidentiality – Customer agrees to treat any information shared in the course by another Customer as confidential.
Recordings – Recordings will be taken of the sessions for the purposes of offering a catch-up opportunity to any Customer’s that missed the session. The Company is not required to do this (the workbook is sufficient for catch-up) but can offer this at their discretion. Customer’s will be provided with a Zoom link to watch the recording, and all recordings will expire 1 week after the end of the course. Customer agrees not to share the recording link with anyone else.
Testimonials - Company also agrees to protect Customer’s personally identifiable information. However, from time to time, Company may use general statements about Customer’s success for testimonials as part of Company’s marketing strategy. By agreeing to these Terms, Customer agrees to Company sharing Customer’s success stories as testimonials in any matter across any media at the sole discretion of Company.
Non-Disparagement - Customer agrees, during and/or after use of Product, to refrain from making any statements, whether oral or in writing, that negatively impact Company’s program, business, services, products, or reputation.
9. INTELLECTUAL PROPERTY & LIMITED LICENSE
Intellectual Property - This Product and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and within Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast or YouTube recordings, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”).
Limited License - Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Customer, nor grant any right or license other than those stated in this Agreement. Customer acknowledges that his/her purchase of this Product is for his/her/its single individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise.
If Customer is also a business owner or professional in a similar industry, Customer shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:
● Teaching Customer’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Customer’s own;
● Copying any of Company’s Product content and/or material for Customer’s commercial use;
● Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent.
10. INDEMNIFICATION / LIMITATION OF LIABILITY
Customer hereby acknowledges that Company is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions based off Customer’s participation in this Program, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Customer’s business decisions, any of Customer’s financial decisions. Customer hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of this Product.
Access to this Product is currently through a third-party platform Zoom, the Company is not liable for any limitation of access to the Product caused by Zoom.
A. Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
B. Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favourable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
C. Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
D. All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us.
E. Governing Law - the Company is located in the United Kingdom and is subject to the applicable laws governing the United Kingdom. The governing law for this agreement is the laws of England.
F. Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration.
G. Maximum Damages - Customer agrees and acknowledges that the maximum amount of damages that Customer may be entitled to in any claim arising from this Agreement or Program shall not exceed the total cost of the Program.
H. Execution – Customer agrees to accept the above Agreement in its entirety when Customer places their order at the Product checkout page and by rendering their first payment.