Definitions & Interpretation
Hereunder the following terms shall have the following meanings:
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Service. By accessing the Website or becoming a Registered User, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
Shift Mindful reserves the right to refuse registration and access to the Website and Services for any reason, or to terminate the membership if Shift Mindful, in its sole discretion, considers that you could compromise the integrity of the Service as well as undermine the confidence of Shift Mindful members and in the safety, privacy and comfort.
3. Your Account.
In order to use Website and/or Service, you may sign in through your accounts on Facebook, Google.
You agree to provide accurate, current and complete information about yourself. You are responsible for maintaining the confidentiality of the login credentials you use to sign up for Website, and you are solely responsible for all activities that occur under those credentials. You agree to be fully responsible for all use of your account and for any actions that take place using your account. If you think someone has gained access to your account, please immediately contact us.
Any information you submit to us is at your own risk of loss. Registering for an account on the Website is void when prohibited by law. You may not set up an account or membership on behalf of another individual or entity unless you are authorized to do so.
Shift Mindful may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate. Services offered to registered users are provided subject to these terms. Shift Mindful reserves the right to modify or discontinue the accounts of registered users and related services at any time.
You may terminate your membership and/or subscription at any time, for any reason, by sending email notice of termination to.
If you purchase any Services that we offer for a fee, either on a one-time or subscription basis, you agree to Shift Mindful storing your payment information. You also agree to pay the applicable fees for the Services (including, without limitation, periodic fees for accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription.
Your participation as a Registered User and use of the related services terminates automatically upon your breach of any of these terms. In addition, Shift Mindful may, at any time an at its own discretion: (a) modify, suspend or terminate the operation of or access to your user account for any reason; (b) modify or change the Website and Services and any applicable terms and policies governing your user account and the Website and Services for any reason; and (c) interrupt user accounts and the related Website and Services for any reason.
Your access to your account, and use of the Website and Services may be terminated by either party at any time and for any reason whatsoever. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription.
In addition, Shift Mindful reserves the right to delete and purge any account and all content associated therewith following any prolonged period of inactivity, all as may be determined by Shift Mindful in its own discretion.
Shift Mindful disclaims any and all liability to registered users in the event Shift Mindful exercises its right to modify or discontinue user accounts or related services.
4. The Content on the Website
Shift Mindful is not responsible in any way for any user generated Content. You understand that all Content which you may have access to, as part of, or through your use of, the Website and Services are the sole responsibility of the person from which such Content originates. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list and/or link to.
You acknowledge that Shift Mindful does not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity or quality of the Content made available at the instigation of users of the Website and Services. You understand that by using the Websites and Services, you may be exposed to Content that is offensive, indecent or objectionable.
The Content generated by Shift Mindful is reviewed at its best efforts. Shift Mindful is not liable to you for any infringements, errors, omissions and/or text that you may regard objectionable.
5. Obligations of the Registered User(s)
Shift Mindful reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or engaged in conduct that is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service.
You as a (registered) user of the Website and/or Services agree not to use the Website or Services to post, use or transmit Content that:
1. is unsolicited or unauthorized, including “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of unsolicited or unwelcome solicitation or advertising;
2. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Website or Services or servers or networks connected to the Website or Services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Website or Services;
3. is harmful, offensive, libelous, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
4. infringes any intellectual property rights including –but not limited to- copyrights, trademark- and trade name rights, database rights, image rights, or other personal or proprietary rights;
5. is in violation of privacy of or impersonates another person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity; or is personally identifiable information about minors.
You as a (registered) user of the Website and/or Services agree not to (and not to authorize another party to):
- frame or otherwise co-brand the Website or Services (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website or Services);
- use the Website or Services in any manner that could disable, overburden, damage or impair the Website or Services, or interfere with any other party’s use and enjoyment of the Website or Services;
- use or attempt to use another’s account, service, or personal information;
- remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Website or Services;
- attempt to gain unauthorized access to the Website or Services, other accounts, computer systems or networks connected to the Website or Services, through hacking, password mining or any other means that interferes or attempts to interfere with the proper working of the Website or Services or any activities conducted through the Website or Services;
- copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without the prior written consent of the owner of such proprietary rights.
- express or imply that any statements you make are endorsed by Shift Mindful.
- use the Service or any content contained in the Service for any commercial purposes without our written consent
- use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- “frame” or “mirror” any part of the Service without Shift Mindful’s prior written authorization.
- use meta tags or code or other devices containing any reference to Shift Mindful or the Service (or any trademark, trade name, service mark, logo or slogan of Shift Mindful) to direct any person to any other website for any purpose.
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
- use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.
- use, access, or publish the Shift Mindful application programming interface without our written consent.
- probe, scan or test the vulnerability of our Service or any system or network.
- encourage or promote any activity that violates this Agreement.
Furthermore, you as a (registered) user of the Website and/or Services:
- are responsible for creating backup copies and replacing any Content you post on the Website or through our Services;
- authorize Shift Mindful to make copies of your content as we deem necessary in order to facilitate the posting of your Content on the Website or provide Services.
- may request the removal of your Content from the Websites at any time, and Shift Mindful will take reasonable steps to promptly remove such Content, provided, however, that Shift Mindful can remove any such content only from its Website and cannot remove Content from email archives and/or similar community forums where you may post Content, or others’ computers, such as content you may have sent to others in an email posted to a Shift Mindful email list. If you choose to remove your Content, the Shift Mindful license you granted when submitting such Content will remain in full force and effect in accordance with its terms.
- will use any and all Content on our Website or in relation to our Services in accordance with the applicable license terms.
Shift Mindful may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
6. Safety; Your Interactions with Other Users.
Shift Mindful is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT SHIFT MINDFUL DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. SHIFT MINDFUL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.
Shift Mindful will not intervene in disputes between you and members on and off the Service.
7. Rights you Grant Shift Mindful.
By creating an account, you grant to Shift Mindful a right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”).
You agree that all information that you submit upon creation of your account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Shift Mindful above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our representatives is at any time threatening or offensive, we reserve the right to immediately terminate your account.
You agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Shift Mindful regarding our Service, you agree that Shift Mindful may use and share such feedback for any purpose without compensating you.
You agree that Shift Mindful may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
8. Community Rules.
By using the Service, you agree that you will not:
- use the Service for any purpose that is illegal or prohibited by this Agreement.
- use the Service for any harmful or nefarious purpose.
- use the Service in order to damage Shift Mindful.
- spam, solicit money from or defraud any users.
- impersonate any person or entity or post any images of another person without his or her permission.
- bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
- post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
- post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
- use another user’s account, share an account with another user, or maintain more than one account.
- create another account if we have already terminated your account, unless you have our permission.
Shift Mindful reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Shift Mindful regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
9. Other Users’ Content.
Content that violates this Agreement is the sole responsibility of the user who posts it, and Shift Mindful cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service.
10. Intellectual Property and License
All Content on the Website or made available through the Services, including, but not limited to, all applicable copyrights, patents, trademarks, trade secrets, trade names text, images, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software, and other materials that has not been uploaded by (registered) users, including yourself, is the property of Shift Mindful or its affiliates.
By using the Web Site you acknowledge that such material is protected by applicable intellectual property and other laws.
You may only print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website or made available through the Services (1) for personal or educational purposes, unless otherwise provided in the country where you are residing; (2) if indicated on the Website and (3) if given express written permission to do so by Shift Mindful.
Specifically you agree that:
8.1. You will not use the Content of the Website or made available through the Services for commercial purposes;
8.2. You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Shift Mindful;
8.3 You will not otherwise reproduce or make publicly available any Content of the Website or made available through the Services without the express written permission of Shift Mindful.
You retain the intellectual property rights to the Content that you provide on the Website or in connection with the Services, however for the content that you provide that is protected by intellectual property rights you grant Shift Mindful and its affiliates a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the Content you provide on the Website or in connection with the Services. You grant Shift Mindful and its affiliates a non-exclusive and assignable right to use, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize the Content, in any way now known or in the future discovered, without any further consent, notice and/or compensation to you or to any third parties.
11. Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
- your contact information, including address, telephone number and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be sent via email. link
Shift Mindful will terminate the accounts of repeat infringers.
12. Links to other websites.
The Website and Services may contain links to other sites. Unless expressly stated, these sites are not under the control of Shift Mindful or its affiliates. Shift Mindful assumes no responsibility for the Content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on the Website or through the Services does not imply any endorsement of the sites themselves or of those in control of them.
Shift Mindful offers information, programs, workshops, and services for guiding individuals, kids & teens and organizations mindfully, by facilitating mindful change management to discover limited beliefs and overcome challenges which are holding them back from shifting into the state of flow and inner fulfillment through experiential learning in the form of 1-on-1 coaching, group education, workshops and retreats for personal growth, business development and kids & teens education.
Shift Mindful facilitates a safe and engaging space to support you to become more aware and connected with yourself. The relationship we create with you is for us really important since we connect it with our core values. We made a conscious choice to live our life authentically, it’s a choice we make every day, and the relationships we build between us need to be aligned with our core values.
The information, programs, workshops, and services offered are not medical treatment or psychological or psychiatric therapy, are not facilitated by a medical professional, and are not intended as a substitute for consultation and treatment from a qualified and registered healthcare provider.
Always consult with your doctor or therapist before participating in a Shift Mindful program, especially if you are experiencing problems with mental health. Consulting your doctor is especially important if you take any form of prescription medicine or you have a pre-existing condition.
In the case of mental health or physical illness, Shift Mindful should not be considered as an alternative to professional assessment and regular treatment under an appropriately qualified and registered health care practitioner or service.
Shift Mindful does not take any responsibility for any adverse experiences or consequences that may arise for an individual during or after attending our training courses/workshops if they have not sought appropriate professional advice and treatment in regard to any concerns they have about their health. It is always the primary responsibility of the individual attending our training programs to seek appropriate assessment, advice, support, and treatment from a qualified health professional if they have concerns about their health.
Our partnership with other professionals is intended to serve as a resource. Any work you do individually with one of these or any professional is a relationship you elect to develop directly with them, is strictly between you and them, and is not one in Shift Mindful is a part, and you agree not to look to hold Shift Mindful for any outcomes or consequences to experience.
If you are currently experiencing mental health concerns, please seek professional help from a local psychologist or mental health counselor.
Shift Mindful is not responsible for any incorrect or inaccurate Content posted with the Service, whether caused by Registered Users or by any of the equipment or programming associated with or utilized in the Service. Shift Mindful is not responsible for the conduct, whether online or offline, of any Registered User of the Service. Shift Mindful assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Registered User communications. Shift Mindful is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of email, including injury or damage to users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Shift Mindful or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Registered Users, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and Shift Mindful expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Shift Mindful cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Shift Mindful makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
To the fullest extent permitted by the applicable law(s), Shift Mindful offers the Website and services as-is and makes no representations or warranties of any kind concerning the Website or Services, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement. Shift Mindful does not warrant that the functions or content contained on the Website or services will be uninterrupted, secure or error-free, that defects will be corrected, or that Shift Mindful servers are free of viruses or other harmful components. Shift Mindful does not warrant or make any representation regarding use or the result of use of the Content in terms of reliability or otherwise.
Whilst every effort has been made to ensure that all information and/or descriptions of services provided through this Web Site is correct and/or correspond to the actual services available, Shift Mindful is not responsible for the actual services provided further to the information and/or descriptions on this Web Site.
14. Limitation of Liability.
Except in jurisdictions where such provisions are restricted, in no event will Shift Mindful be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, punitive or enhanced damages, including also lost profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, even if Shift Mindful has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, Shift Mindful’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Shift Mindful for the Service during the term of membership.
THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Under no circumstances is Shift Mindful liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Website and Services.
(Registered) users use the Website and Services at their own risk.
15. Location of the Website
The Websites and Services are controlled and offered by Shift Mindful Holding BV in the Netherlands. Shift Mindful makes no representations that the Website or services are appropriate or available for use in other locations. If you are accessing or using the Website or service from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law.
16. Jurisdiction and Choice of Law.
If there is any dispute arising out of the Service, you expressly agree that any such dispute shall be governed by the laws of The Netherlands, without regard to its conflict of law provisions ,and you expressly agree and consent to the exclusive jurisdiction of the competent court in Amsterdam, for the resolution of any such dispute.
17. Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Shift Mindful, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
18. Entire Agreement; Other.
19. Contact details
If you have questions or comments about this, please contact us at:
e-mail: [email protected]