TERMS AND CONDITIONS

Updated September 2019

 

MindBodyAgnieszka website offer a platform for the purchase and use of digital content (included but not limited to classes, courses, challenges, tutorials, programs, articles) which allows users to purchase a subscription and stream pre-recorded audio and video content over the Internet for only personal use. MindBodyAgnieszka website propose an e-commerce site, which allows users to purchase products and services from the MindBodyAgnieszka online store.

All called “Services” below

Please take a moment to carefully read through these Terms of Use. 

BY ACCESSING AND/OR USING THE MINDBODYAGNIESZKA WEBSITE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE FOLLOWING TERMS OF USE AND PRIVACY POLICY. If you do not accept the terms of this Agreement, you are not permitted to use the Website and/or subscribe to the Services.

The MindBodyAgnieszka website reserves the right to modify this Agreement whenever needed, and modifications shall be effective upon posting at MindBodyAgnieszka website. It is user responsibility to monitor the website for the posting of modifications and to review such modifications on a regular basis. By using MindBodyAgnieszka website after any such modification is posted, you are agreeing to be bound by such modifications. 

The MindBodyAgnieszka website and Services are for EXCLUSIVELY personal and non-commercial use only. 

Access to the Services is available only to Registered Users who are paid subscribers. If you wish to become a Registered User, you must complete the registration procedures displayed on the MindBodyAgnieszka website and, where applicable, pay the required subscription fee. Some aspects of the Website and the Services are available to all Registered Users, and some are available only to Registered Users who have paid the required subscription fee and/or other charges.

By completing the registration procedures, you acknowledge and agree that you are representing to us that you are providing accurate and complete information about yourself as prompted by the registration form, and you are obliged to maintain and update your Registration Data to keep it true and current. If you provide any information that is untrue or we have reasonable grounds to suspect that such information is untrue, we reserve the right to suspend or terminate your account and refuse any and all current or future access to and/or use of the website and the Services.

As a Registered User, you are required to choose a password, and provide personal information. You are responsible for maintaining the confidentiality and security of the password and you are fully responsible and liable for all access to and use of the website and the Services that occur under your password or account. 

Age Limitations

You must be 18 years of age to use the MindBodyAgnieszka website and Services. Individuals under the age of 18 may utilize the Services only with the involvement of a parent or legal guardian, under such person's account.

Geographic Limitations 

You may view MindBodyAgnieszka content primarily within the country in which you have established your account and only in geographic locations where we offer our service. It exists the Geographic Limitations due to certain licensing restrictions placed on our titles, some content may not be available in your geographic location.

Payment and Subscription Fees 

Access to the MindBodyAgnieszka website and use of the Services is subject to a fee. The Fee is payable in U.S. dollars or other currency as applicable. You will be required to provide your credit card number and other information at the time of your initial registration. Your credit card will automatically be charged at the time of your subscription, and regularly thereafter based on the terms of your subscription, and you hereby authorize to charge your credit card for the then-applicable subscription fee. The Fee is non-refundable. The MindBodyAgnieszka reserves the right to change or modify the Fee or payment schedule (including, without limitation, increasing prices and charging a fee for upgrades) at any time. You agree to pay your account balance on time. You are responsible and liable for any costs and expenses, including attorney and collection fees, that may incur in its efforts to collect any remaining balances due from you.

Membership

  1. Your membership will continue month-to-month and automatically renew until terminated. To use the MindBodyAgnieszka Services you must have Internet access, device and provide us with Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. You can update your Payment Methods when needed. Following any update, you authorize us to continue to charge the applicable Payment Method. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

  2. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. 

Billing Cycle and Cancellation of Membership

The membership fee for the MindBodyAgnieszka Services any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is cancelled. Membership fees are fully earned upon payment. 

Cancellation

You can cancel your membership at any time. We do not provide refunds or credits for any partial-month membership periods or unwatched content. If you cancel your membership, your account will automatically close at the end of your current billing period. At any time, and for any reason, we may provide a refund, or discount.

General Registration

  1. You agree to use the MindBodyAgnieszka Services in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Services or content therein. You agree not to copy, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the MindBodyAgnieszka Services. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the MindBodyAgnieszka Services; use any robot, spider, scraper or other automated means to access the MindBodyAgnieszka Services; decompile, reverse engineer or disassemble any software or other products or processes accessible through the MindBodyAgnieszka Services; insert any code or product or manipulate the content of the MindBodyAgnieszka Services in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the MindBodyAgnieszka Services, including any software viruses or any other computer code, files or programs. 

  2. The quality of the display of the MindBodyAgnieszka content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Please check with your Internet provider for information on possible Internet data usage charges. MindBodyAgnieszka makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching MindBodyAgnieszka content show will vary based on a number of factors, including your location, available bandwidth at the time, the MindBodyAgnieszka content you have selected and the configuration of your device.

  3. MindBodyAgnieszka software may solely be used for authorized streaming and viewing of content from MindBodyAgnieszka through devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the MindBodyAgnieszka and related third-party software. If you do not accept the foregoing terms, do not use our service.

  4. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the MindBodyAgnieszka Services. We do not take responsibility or otherwise warrant the performance of MindBodyAgnieszka devices, including the continued compatibility with our service. If your device is sold, lost or stolen, please deactivate the MindBodyAgnieszka account. If you fail to log out or deactivate your device, subsequent users may access the MindBodyAgnieszka Services through your account and may be able to access certain of your account information. 

Disclaimers of Warranties and Limitations on Liability

  1. THE MINDBODYAGNIESZKA SERVICES AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE MINDBODYAGNIESZKA SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. MINDBODYAGNIESZKA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE MINDBODYAGNIESZKA SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MINDBODYAGNIESZKA SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, AND MINDBODYAGNIESZKA SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICES).

  2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL MINDBODYAGNIESZKA, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

  3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
    NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

  4. By applicable laws, the MindBodyAgnieszka will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Website and/or the Services, and/or any content, information, products or services accessible through the Website and/or the Services. 

  5. You agree to indemnify, defend, and hold harmless the MindBodyAgnieszka from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

  6. The MindBodyAgnieszka make no warranty that the Website or the Services, the Site Content, and/or the information, products and services available through the Website or the Services will meet your expectations or requirements, or that you will achieve any particular results from the use of any of the foregoing, or that the Websites or the Services will be uninterrupted, timely, secure, error-free, or free of any harmless components (including viruses, malware, spyware, or comparable components.

  7. Any material obtained through the use of our Website or the Services is accessed at your own discretion and risk, and you will be solely responsible for any loss or damage to your computer system or loss of data that results from the download of any such material.

  8. You hereby waive, release and discharge the MindBodyAgnieszka from and against any claims that you may be entitled to make by reason of any use of your User Content including but not limited to any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation and otherwise.

Modification

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Website and/or the Services. You agree that we will not be liable to you or to any third party for any such actions.

Health and Medical Concerns. 

Before actively using the MindbodyAgnieszka website and/or participating in any exercise program, you need to consult with a physician or other healthcare provider your health. You acknowledge and agree that when participating in any exercise or exercise program, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results. If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the Mauritius Island without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

Communication 

We will send you information relating to your account in electronic form only, via emails to your email address. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

PRIVACY POLICY

The following Privacy Policy governs your use of the Website and the Services, which are offer by MindBodyAgnieszka.

This Privacy Policy is a part of the Terms and Conditions of use our website. By accessing or using any of the Website and the Services, you acknowledge and agree that you have read and agree to be bound by this Privacy Policy.

The site is owned by MindBodyAgnieszka, located in Tamarin, Mauritius Island, contact email agnieszka@mindbodyagnieszka.com.

MindBodyAgnieszka reserves the right to add to, delete from and/or change this Privacy Policy at any time. The user is responsible for monitoring the Website to determine if any changes have been made to the Privacy Policy. By agreeing to the Terms and Conditions applicable to the Website at which this Privacy Policy is posted, you are also agreeing to be bound by this Privacy Policy.

We collect personal information on our Website during the registration process. To access offered Services we require you to register and select a user name and password. We may ask for additional information, including personally identifiable information, when you subscribe to the Services (such as your name, address, e-mail address, or credit card number, etc.)

We use the information collected on the Websites for a variety of purposes, including, but not limited to, running the Websites and the Services and contacting users. We may use your information to communicate back to you, to update you on products, services and benefits, to provide you with marketing information, newsletters, etc. In addition, if you make a purchase on any of the Websites, we may send you order and shipping confirmation emails.

We may collect non-personal information like the type of Internet browser you are using, the type of computer operating system application software, and peripherals you are using and the domain name of the web site from which you linked to our Site. We use your information on an aggregated basis to do such things as operate our Website.

Certain features on the Websites and/or the Services may utilize cookie technology. A cookie is a small data file that certain web sites write to your hard drive when you visit them. A cookie file can contain various types of information, including a user ID that the site uses to track the pages you've visited. We may use cookies to enhance your experience on our Websites, to determine user traffic patterns and for other purposes. Most browsers are initially set up to accept cookies; however, you can reset your browser to refuse all cookies or indicate when a cookie is being sent or you can flush your browser of cookies from time to time. (Note: you may need to consult the help area of your browser application for instructions.) If you choose to disable your cookies setting or refuse to accept a cookie, however, you may not be able to access all areas of the Website and/or the Services.

MindBodyAgnieszka may share your personal information with third parties who are under obligations of confidentiality. We may employ third parties to perform services or functions on our behalf in order to improve our Website, merchandising, marketing and promotional efforts, communications or other services. Those third parties may include authorized contractors, consultants and other companies working with us. They only have access to personal information needed to perform their functions, and they may not share any personal information with others or use it for any other purpose than providing or improving our services and offerings.

This Privacy Policy applies only to the Website and the Services and does not address the practices of third parties who may collect your personal information.

The MindBodyAgnieszka may reserves the right to disclose or transfer personal information and non-personal information about you and your activities on our Website in order to comply with a legal requirement or request from law enforcement or other government officials, administrative agencies or third parties as we, in our sole discretion, determine necessary for the administration of justice, or in connection with an investigation of fraud, intellectual property infringements or violations of any other law, rule or regulation, our Terms and Conditions or other rules or policies of our Website, the rights of third parties, or an investigation of any other activity that may expose us or you to legal liability.

We have installed encryption software conforming to the Secure Socket Layers (SSL) protocol to safeguard all of the commerce related information you send to us. All information is stored on our servers in a secure location. It is important for you to protect against unauthorized access to your password and to your computer.

No data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via our online services.

All Content © Copyright MindBodyAgnieszka 2019. All Rights Reserved

Terms & Conditions

Privacy Policy

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