MindWorks terms & conditions of use

This document sets out Clare Flaxen's MindWorks Terms and Conditions of Use (these “Terms”). This is a contract between you (“You” or “User”) and Clare Flaxen. Please read these Terms carefully as we want you to be aware of your and our rights before you use the MindWorks membership with Clare Flaxen.  Once you access, view or use the membership group, you will be legally bound by the terms and conditions of these terms.

 

 

1. Information about MindWorks

MindWorks is the online membership subscription for CBT therapist, Clare Flaxen. It allows members to learn mindset techniques and habits for wellbeing and connect and support other members on their respective journeys as women wanting to create lives they love.

Users will have access to the MindWorks membership site, for as long as their subscription is active, where the recorded modules and workbooks for the member journey and masterclass library are housed.

Users will need to create a profile on Facebook in order to access the MindWorks community in a private Facebook group.

Some live sessions within MindWorks take place within the community on Facebook. The group coaching calls and hypnotherapy reset sessions take place on a Zoom call.

Clare Flaxen shall be entitled at her own discretion to suspend the group for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the group, including but not limited to preventing you from using the membership or using any of the Services available through the membership.

Clare Flaxen reserves the right to make any changes to the membership including any functionalities and content therein or to discontinue any aspect of the same without notice to you.

Clare Flaxen relies on third party providers (such as network providers, data centres and telecommunication providers) to make the membership and the content therein and the Services available to you. Whilst Clare Flaxen takes all reasonable steps available to her to provide you with a good level of service, you acknowledge and agree that Clare Flaxen does not warrant that the membership shall be uninterrupted or fault-free at all times. Clare Flaxen, therefore, shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Services and membership as a result of Clare Flaxen's service providers.

The Membership is owned and managed, operated and maintained by Clare Flaxen.

Clare Flaxen's team can be contacted at hello@clareflaxen.com

2. MindWorks rules

Before you can join the MindWorks community, you will need to register for a membership subscription (“subscription”). In order to create a subscription you must:

  1. Be legally capable of entering into binding contracts
  2. be at least 18 years old; and
  3. be legally permitted to use the website legally in your country.

You hereby warrant that the information provided by you to Clare Flaxen is true, accurate and correct. You further warrant that you shall promptly notify Clare Flaxen in the event of any changes to such information.

You will not give access to the membership group to any unauthorised person (any person who does not have their own subscription to MindWorks).

You shall keep your personal registration details for the membership (“Login Details”) confidential and secure.

We hope you love being part of the community of like-minded women in MindWorks, but if you decided you’d like to leave, you can leave the private Facebook group at any time. Just go to the group ‘Settings’ in the Facebook group and select "Leave Group".

You will also need to cancel your subscription with Clare Flaxen to stop your membership payments (see 'Subscription Cancellation' below)

Clare Flaxen reserves the right at her sole discretion to terminate or suspend any member, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.

3. Types of content

There are three types of content that you will be able to access through the membership group:

  1. content that you provide through comments and interactions in the private Facebook group (“Your Content”);
  2. content that other members provide (“Member Content”); and
  3. content that Clare Flaxen provides (“Our Content”).

We don’t allow certain content in the MindWorks Facebook Group

We want our users to freely communicate in MindWorks, but we have to impose restrictions on certain content that:

  • contains language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
  • is obscene, pornographic or otherwise may offend human dignity;
  • is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry;
  • encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
  • is defamatory or libellous;
  • relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
  • involves the transmission of “junk” mail or “spam”;
  • contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Clare Flaxen or otherwise;
  • promotes or contains information that you know or believe to be inaccurate, false or misleading
  • itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
  • shows another person which was created or distributed without that person’s consent.

We operates a zero-tolerance policy for this kind of content.

You agree that Clare Flaxen may, at its sole discretion, choose to display or to remove any User Submission or any part of the same that you make in the Facebook group, and you hereby grant to Clare Flaxen a non-exclusive, perpetual, irrevocable, worldwide license to do so.

Your Content

As Your Content is created by you, you are solely responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You are responsible and liable for all activities carried out by your use of the membership including for the content of any communication made through or about the membership.

If you choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.

We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.

Member Content

Other members of MindWorks may also share content on the website. Member Content belongs to the user who posted the content.

You do not have any rights in relation to other users’ Member Content, You may not use other users’ information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your subscription if you misuse other users’ information.

Our Content

All of the rest of the content on MindWorks belongs to Clare Flaxen. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Clare Flaxen are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.

You use the information made available to you in the membership and through the Services at your own risk.

We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:

  1. you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the membership;
  2. you shall not use our name in metatags, keywords and/or hidden text;
  3. you shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way; and
  4. you shall use Our Content for lawful purposes only.

We reserve all other rights.

  1. User obligations

We don’t tolerate bad behaviour in MindWorks.

You can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. Email us at hello@clareflaxen.com

In the event that you have a dispute with any other User of the membership, you hereby release Clare Flaxen from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in relation to such dispute.

We want our users to respect MindWorks. Scraping or replicating any part of the membership without our prior consent is prohibited. This includes by any means (automated or otherwise)  – unless you have been specifically allowed to do so in a separate agreement with us.

4. Membership Subscriptions

Subscription Period

The Service is available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription Cancellation

You may cancel Your Subscription renewal by contacting the Company by email at hello@clareflaxen.com

You will not receive a refund for the fees you already paid for your current subscription period and you will be able to access the Service until the end of your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, post code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

With the exception of Founding Members, your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free trial offer.

We want you to be happy!

We want your experience of dealing with MindWorks to be as easy and
pleasurable as possible. In the event of any problem please contact us on hello@clareflaxen.com. Your feedback is important to us and we will do our best to resolve any matters as quickly as possible.

 

“Learn to be unapologetically YOU and love your life"