Terms of Use
Definitions & Interpretation

Here under the following terms shall have the following meanings:

Website means www.shiftmindful.com

Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website

Service[s] means collectively any online facilities, tools, services or information that Shift Mindful makes available through the Website or other systems either now or in the future

System means any online communications infrastructure that Shift Mindful makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links

User[s] means any third party that accesses the Website and is not employed by Shift Mindful and acting in the course of their employment

Registered User[s] means any User that has joined Shift Mindful registering for an account with Shift Mindful

1. General Information regarding the terms of use

We advise you to read the terms carefully because they apply to your use or access of the Website and the related Services available through our Website, mobile applications, and/or other applications.

Unless otherwise agreed in writing with Shift Mindful, your use of the Website or Services will always be subject to, at a minimum, the terms and conditions set out in this document. These are referred to as: “the terms of use”.

The terms of use form a binding legal agreement between you and Shift Mindful Holding BV, located in the Netherlands, in relation to your use of the Website and the Services.

2. Your Agreement to the terms of use

Your access and use of the Website and/or Services by joining Shift Mindful or otherwise signifies that you understand the English language, have read, understood and agreed to be bound by these terms of use. By joining accessing or using the Website or Services, you also represent that you have the legal authority to accept the terms of use on behalf of yourself and any party you represent.

If you do not agree to the terms of use, we cannot authorize you to use the Website or Services.

3. Changes to the terms of use

From time to time, Shift Mindful may change, remove, add to (or otherwise modify) the terms of use and Shift Mindful reserves the right to do so in its own discretion. We encourage you to periodically review the terms. All new and/or amended terms take effect immediately. Your continued use of the Website or service after new and/or revised terms are effective indicate that you have read, understood and agreed to the updated terms of use.

4. Account

You agree to (a) provide accurate, current and complete information about yourself, (b) maintain the security of your password(s) and identification, (c) maintain and promptly update your registration information and any other information you provide to Shift Mindful, and to keep it accurate and complete to, among other things, allow us to contact you, and (d) be fully responsible for all use of your account and for any actions that take place using your account. It is your responsibility to ensure that Shift Mindful has up-to-date contact information on you. For protection of your privacy, we refer to the paragraph on our Privacy Policy. 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. To register an account you must 1) be 18 years of age or older or have express permission of your parent or legal guardian and 2) be fully competent to enter into the terms of use, conditions, obligations, affirmations, representations and warranties set forth in the terms of use and 3) abide by and comply with the terms of use.

Shift Mindful can at its own discretion refuse registration and access to the Website and services for any reason.

You may not set up an account or membership on behalf of another individual or entity unless you are authorized to do so.

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.

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.

5. Termination and inactivation of Accounts

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.

6. 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.

Shift Mindful may, but is not obligated to, review your submissions and may in its sole discretion delete or remove (without notice) any Content that Shift Mindful determines to violate the terms of use or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. Shift Mindful does not endorse or support any Content posted by you or any other third party on or through the Website or Services.

7. (Registered) User’s obligations

You may only submit Content to the Website or in connection with the Services that you have the right to submit. This means that you can only submit content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with these terms of use. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted.
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):

(i) 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);

(ii) 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;

(iii) use or attempt to use another’s account, service, or personal information;

(iv) remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Website or Services;

(v) 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;

Furthermore, you as a (registered) user of the Website and/or Services:

(1) are responsible for creating backup copies and replacing any Content you post on the Website or through our Services;

(2) 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.

(3) 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.

(4) will use any and all Content on our Website or in relation to our Services in accordance with the applicable license terms.

8. Intellectual Property and License

All Content on the Website or made available through the Services, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software, 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.

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted under these terms of use. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

9. 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.

10. Disclaimer of Warranties

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.

No part of this Website is intended to constitute advice and Shift Mindful does not accept any liability for any decisions made or any action taken based upon the Content of this Web Site.

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.

11. Limitation of Liability

To the maximum extent permitted by law, Shift Mindful cannot accept any liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website and the Services or any Content contained therein. (Registered) users use the Website and Services at their own risk.

In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from the other terms of use and shall not affect the validity and enforceability of the remaining terms of use.

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.

12. 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.

13. Miscellaneous Terms

These terms and all relations between Shift Mindful and its (registered) users are exclusively governed by and construed by Dutch law. The parties agree that any disputes or proceedings between Shift Mindful and you concerning these terms and/or the Website or Services will be exclusively submitted to the competent Court in Amsterdam, The Netherlands.

Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Shift Mindful as a result of these terms or your use of the Website or Services.

14. Contact details

If you have questions or comments about this Privacy Policy, please contact us at:
e-mail: [email protected]
Shift Mindful, the Netherlands

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