TERMS AND CONDITIONS OF SUPPLY OF MINDSET, MIMI and ME

1. Introduction

Please read these terms and conditions carefully before placing an order with Mindset Mimi & Me Ltd (“us”, “we”, “our”), a company registered in England with company number 15490308 and registered address at, 5 Brayford Square, London, E1 0SG

By purchasing products or courses on this site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions please do not purchase products or courses on this site.

2. Changes to terms

We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.

Please therefore check these terms and conditions periodically for changes.

Your continued use of this site and purchase of products on this site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.

3. Privacy policy

Any personal data that we collect and process about you will be held in accordance with the provisions of the UK data protection legislation.

How we use any personal data you give us is set out in our Privacy Policy. This includes registration and other information provided by you when making a purchase. We only use your personal data as set out in our privacy policy. For more information, about how we collect, process and store your personal data, and information about our retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Policy and Cookie Policy.

4. Products and Courses

We have made every effort to display the images and describe the digital products and course accurately on our site, but they are for illustrative purposes only. The digital products and courses delivered may vary slightly from those images and descriptions provided.

We may also add new content to the course over time and evolve aspects of the course to improve it. In the event that we do so, you will be updated on any major changes.

We can suspend the supply of a digital product if we need to (i) deal with technical problems or make minor technical changes; (ii) update the product to reflect changes in relevant laws and regulatory requirements; or (iii) make changes to the digital product.

We will contact you in advance to tell you we’re suspending supply, unless the problem is urgent or an emergency. If we suspend the product for longer than a month then you can contact us at shilpa@mindsetmimiandme.com to end the contract and we will refund you any sums you have already paid for the digital product that you won’t be receiving.

ONLINE MONTHLY Q&A AND COACHING SESSIONS

Some of our courses offer virtual online monthly Q&A sessions or coaching services where you will join us and sometimes other customers in group sessions.

These sessions may be provided online via a pre-agreed livestream service (for example Zoom, Teams, WhatsApp, Skype).

When using a third-party supplier for online sessions your personal and special category data will be treated in accordance with our Privacy Policy, and may be subject to the privacy policy of the third-party supplier. We will not be liable to you for any costs or losses incurred by you as a result of using any third-party online provider for the purposes of attending a session virtually with us. You should make yourself familiar with such providers own terms and conditions and privacy policy.

If we provide any of our Services as a livestream, we will use all reasonable endeavours to start at the time scheduled. If the start is delayed by circumstances beyond our control, we will not be liable for any such delay.

In some limited circumstances, we may need to suspend the provision of an online session for one or more of the following reasons:

(i) To fix technical problems or to make necessary technical changes;

(ii) In the event of illness or other circumstances beyond our control.

In the event of any of the circumstances listed above occurring, then we will use reasonable endeavours to give as much notice as possible to you.

Ahead of your online session, we ask you to plan where in your location you will sit for the meeting. It is important that the connection to the internet is as strong as possible.

It is important that you ensure the space is private and that you cannot be interrupted or overheard. You are strongly encouraged to make any necessary arrangements with anyone you may normally share the location with to ensure that your protected space can be achieved.

Wearing earphones attached to your mobile, laptop or tablet device is helpful in blocking out “feedback” noise and ensuring extra privacy.

Recording of sessions

We are occasionally asked by customer if they can record our session to listen again in their own time. Unfortunately, because other customers may be present in these sessions you are not permitted, under any circumstances, to record the sessions.

Coaching Services

Coaching services provided as part of our courses are intended for informational and educational purposes only. These services are not a substitute for professional mental health care or medical care and are not intended to diagnose, treat, or cure any mental health or medical conditions.

By participating in coaching services, you acknowledge and agree that you fully assume any and all risks associated with such participation. You accept that any decisions and actions you take based on the coaching services are your own responsibility, and you agree to hold us harmless from any liabilities, claims, or damages that may arise.

While we strive to provide helpful and effective coaching services, we make no guarantees, representations, or warranties of any kind regarding the outcomes or results of the coaching services. Any testimonials or examples provided are not intended to represent or guarantee that current or future clients will achieve the same or similar results.

To the fullest extent permitted by applicable law, we disclaim any liability for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with your participation in the coaching services. This includes, without limitation, any loss of profit, loss of business, or any other loss or damage that may result from your reliance on the coaching services.

We are committed to maintaining the confidentiality of all information shared during coaching sessions, in accordance with our Privacy Policy. However, you acknowledge that we may be required to disclose certain information by law (e.g., if there is a risk of harm to yourself or others). Coaching Sessions shall be by appointment only and will be via livestream service or by telephone. Details of the timings, length and fees shall be agreed and will be made available to you in advance. If you know you are going to be late for an appointment, you should contact us to tell us. If you arrive later than 15 minutes after an appointment time, we will try to provide the session you have booked but if we decide that we cannot, the appointment will be treated as cancelled without notice by you and it may be treated as one of your sessions.

VOXER ‘OFFICE HOURS’

It is the Client’s responsibility to

a) provide us with their Voxer username at the point of purchase - an email will be sent on the day of purchase with set up instructions.

The 35 day period will start from the point of purchase to allow the client a few days for set up.

The Voxer Hour Support and Accountability service (hereinafter referred to as "the Service") is designed to provide parents with one hour of Voxer support and accountability per week for a duration of four weeks. The service aims to offer support, guidance, and accountability in managing parenting challenges connected to the use of the materials and questions regarding the materials.

The service is not designed to provide bespoke advice about your child’s behaviour. The Service provider is not a licensed therapist or counsellor. The Service is not a substitute for professional therapy or medical advice. Clients are encouraged to seek appropriate professional help for any mental health or medical concerns concerning them or their child.

If the client does not wish to use the Voxer service, they can send questions on the same basis as set out above to shilpa@mindsetmimiandme.com and the Office Hour will be used to respond to these questions.

Confidentiality: All conversations and interactions between the client and the service provider will be treated with utmost confidentiality.

When using a third-party supplier for the accountability and support office hour, your personal and special category data will be treated in accordance with our Privacy Policy, and may be subject to the privacy policy of the third-party supplier. We will not be liable to you for any costs or losses incurred by you as a result of using any third-party online provider for the purposes of partaking in the office hours. You should make yourself familiar with such providers’ own terms and conditions and privacy policy.

Office Hours: Voxer hours are 10-11 on a Thursday. Clients can leave a message at any point during the week, or email shilpa@mindsetmimiandme, and Mindset, Mimi and Me will respond during the designated Voxer Hours. On occasions, we may respond out of office hours on our choosing.

Code of Conduct: Clients are expected to engage in respectful and constructive communication during sessions. Any behaviour deemed inappropriate or harmful towards the service provider will result in termination of this aspect of service without refund.

DISCLAIMER

While we strive to provide accurate and helpful information in our courses, we make no guarantees regarding the effectiveness or outcomes of implementing the techniques or strategies presented. None of the content in our courses constitutes advice on which you should rely. We provide information about supporting children and young people’s mental health for use as information or for educational purposes. The information contained in the courses provided are not intended as, and shall not be understood or construed as, professional advice. The information contained in our courses are not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation.

Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions in this course or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

If you are a medical or health professional then you are encouraged to use the information in this course for general information purposes.  However, you should not rely on material included here and we do not accept any responsibility if you do.

Your use of our courses– including implementation of any suggestions set out in this course – does not create a professional-client relationship between you and the Company or any of its staff.

5. Age restriction

You shall not purchase any Products from our Site if you are below the age of 18 years old.

6. Acceptance of order

6.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the Order issued to you by email (Dispatch Confirmation). We are not bound by the Order unless we accept it in writing.

6.2 If there is any conflict between these Terms and any term of the Order, the Order will take priority.

6.3 At the time of acceptance of an Order an order number is assigned to you. You should quote the order number in all your subsequent correspondence relating to the Order.

7. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

8. Representations

8.1 You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.

8.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.

8.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

9. Digital Product Usage

Digital products and courses will normally be available to download immediately upon purchase. There may be occasions when they are not available and we make no guarantee that any digital product or course ordered will be made available immediately (for example, if the site is taken down for maintenance or there is another technical issue). In such cases, we will use our best endeavours to give you access to your downloadable digital products and courses as soon as possible following your purchase. You will have lifetime access to the materials subject to termination clauses below.

ERRORS AND OMISSIONS

We make no warranty or guarantee as to the timeliness, performance, completeness or suitability of the information in our Products and Course materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the landscape is constantly evolving and changing, we cannot be held responsible for future changes pertaining to our subject. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

10. Copyright Notice

10.1 We are the owner (or licensee) of all intellectual property rights in this course and the information provided within it. These works are protected by copyright laws and treaties around the world. We grant to you a limited, worldwide, non-exclusive, non-transferable, non-sub-licensable, royalty-free, revocable licence to access and use this product. You may not share or reproduce this digital product or course or course materials in any format (including on another website) any part of our website (including content, images, course materials, designs, look and feel) without our prior written consent. Other than the above, we do not grant you any other rights in relation to this digital product or course and all other rights are reserved. For the avoidance of doubt, you must not copy, sell, adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, share or show or play in public this digital product or course material (in any form or media) without our prior written permission.

10.2 We take the protection of our copyright very seriously. If we discover that you have breached the terms of the above licence, we may bring legal proceedings against you and seek monetary damages and/or an injunction to stop you using our materials. You could also be ordered to pay our legal costs.

PERMISSION TO USE CONTENT

Any request for written permission to use our Course or Course materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by completing the “Contact Us” form on this Website, or by sending an e-mail to shilpa@mindsetmimiandme.com.

We clearly state that you may not use our Courses or Course materials, in whole or in part, in any way that is contrary to these Terms of Use unless we have given you specific written permission to do so.

If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission.

If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such content from us, and you consent to immediately stop using such content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Products or Course Materials.

11. RefundS

11.1 You acknowledge and agree that once you have initiated a download of a digital product or commenced access to a course, you lose your right to cancel the purchase. This is because the digital product or course is deemed to have been provided to you immediately upon commencement of the download or access, and you shall have immediate use and benefit from the product or course. Therefore, all sales are considered final and non- refundable once the download has begun or access to the course has been granted.

We offer a 30-day money-back guarantee for our courses.

To qualify for a refund:

Complete and return the 4 ‘Playbook’ exercise books provided with the course within 30 days of the purchase date.

Refunds will be issued once we receive the completed exercise books and verify the completed exercises. Please allow 10 business days for the course materials to be reviewed and refund to be processed.

Once payment is processed and access to the course materials is granted, the purchase is considered final unless a refund is requested in accordance with this policy.

If you think there is something wrong with your digital product or course, you must contact us at shilpa@mindsetmimiandme.com and we will investigate for you. We honour our legal duty to provide you with digital products that are as described to you on our website and that meet all the requirements imposed by law.

11.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of refund in this clause 11 or anything else in these Terms. You can seek advice on your legal rights from your local Citizens’ Advice Bureau or Trading Standards office.

12. Price

12.1 Prices of the Products and courses are specified on our site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.

12.2 Despite our best efforts, there may be incorrect prices on some of the Products. If the Products’ correct price is less than a price shown on our site, the lower amount will be charged. If the Products’ correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the Products to you at the lower price that was incorrect.

13. Payment

13.1 Payment for Products is to be made in advance by credit or debit card. Your credit or debit card will be charged prior to the dispatch of the digital product or course.

13.2 By providing the details of a credit or debit card or payment account to be debited, you confirm that you are authorised to purchase the digital products and that you have the permission of or are the holder of the credit or debit card, PayPal or other account being used to pay for the transaction. All card payments and cardholder details may be subject to validation checks carried out by us and/or the card issuer. If any validation checks are required, we will not be held liable for any delays or non-delivery nor are we obliged to.

13.3 In respect of validation checks and authorisation carried out by the card issuer, if the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery or any bank charges applied to you. We are not obliged to inform you of the reason for the refusal.

13.4 If you believe that we have charged you an incorrect amount, please contact us at shilpa@mindsetmimiandme.com as soon as reasonable possible to let us know.

14. Limitation of liability

14.1 Products supplied by us are for non-commercial purposes only. You shall not use the Products for any business or re-sale, commercial purpose.

14.2 We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and us.

14.3 Our total liability to you for all other losses arising out of or in connection with any contract between you and us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be 100% of the total sums paid by you under the contract in question.

14.4 Exceptions to Limitation of Liability

Our liability does not exclude or limit in any way:

• a) fraud or fraudulent misrepresentation;

• b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

• c) defective products under the Consumer Protection Act 1987;

• d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

• e) breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession).

PASSWORDS

To use certain features of our Products or Course Materials, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration process. You may be able to change to username and password of your choosing. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account.

You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Course or any other related communication.

It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.

15. Circumstances beyond our control

15.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.

15.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.

15.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:

15.4 you will be notified as soon as reasonably possible; and

15.5 the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control. If the delivery date is affected by the Circumstances Beyond Our Control, we will reschedule the delivery date with you after the Circumstances Beyond Our Control are over.

DISPUTE RESOLUTION

You must submit all complaints in writing to shilpa@mindsetmimiandme.com and include all of your reasons for dissatisfaction with your Product or Course.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Courses products or services. Where requested by law, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

16. Notice

16.1 Any notice to us should be in writing and sent to us by e-mail to Mindset, Mimi and Me at shilpa@mindsetmimiandme.com.

16.2 Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the Order.

17. miscellaneous

17.1 We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.

17.2 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.

17.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.

17.4 Each paragraph of these Terms are separate and distinct form other. If any court or relevant authority determines any of paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.

17.5 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.

17.6 English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us. However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland, and you may bring proceedings in Scotland if you are a resident of Scotland.

18. contact us

If you wish to contact us with any queries or complaints you can contact us at shilpa@mindsetmimiandme.com.