Terms of Use

1. Acceptance of Terms

By accessing or using the Tranquil Mind Academy website (the "Website"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree with any part of these Terms, you should not access or use the Website.

These Terms apply to all visitors, users, and any other persons who access or use the Website. You must be at least 16 years of age to use this Website. By using the Website, you represent and warrant that you are at least 16 years old and that you have the legal capacity to enter into these Terms.

Continued use of the Website following any modifications to these Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically for any changes.

2. Description of Services

Tranquil Mind Academy is an educational organization that provides online meditation education, mindfulness learning, awareness development programs, and personal well-being educational content. Our services are delivered through online educational programs accessible across Canada.

The services provided through the Website include, but are not limited to:

• Online meditation and mindfulness educational programs ranging from 6 to 12 weeks in duration
• Recorded learning modules and self-paced educational content
• Live instructor-guided online learning sessions
• Downloadable educational resources such as worksheets, journals, and learning guides
• Learning progress tracking through a participant dashboard
• General informational content relating to meditation education and mindfulness learning

All programs, workshops, educational materials, learning resources, and downloadable content are provided exclusively for educational and personal development purposes. Tranquil Mind Academy does not provide medical, psychological, therapeutic, financial, career, or legal services of any kind.

We reserve the right to modify, suspend, or discontinue any part of our services at any time without prior notice, although we will make reasonable efforts to communicate significant changes where possible.

3. User Obligations

When using the Website, you agree to the following obligations:

• Lawful use only: You may use the Website solely for lawful purposes and in compliance with all applicable local, national, and international laws and regulations.
• No unauthorized access: You may not attempt to gain unauthorized access to any part of the Website, its servers, databases, or any connected systems or networks.
• No scraping or data harvesting: You may not use automated tools, bots, crawlers, or scrapers to collect data, content, or information from the Website without our prior written consent.
• No impersonation: You may not impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• No interference: You may not interfere with or disrupt the integrity, security, or performance of the Website or the experience of other users.
• No illegal activity: You may not use the Website to facilitate or promote any illegal activity, including but not limited to fraud, harassment, or the distribution of harmful content.
• Accurate information: Any information you provide to us, including through contact forms or registration processes, must be accurate, current, and complete.
• Respectful conduct: You agree to treat all other users, staff, and educational specialists with respect and courtesy in any interactions facilitated through the Website.

We reserve the right to take appropriate action, including restricting or terminating your access, if we determine in our sole discretion that you have violated any of these obligations.

4. Intellectual Property

All content on the Website, including but not limited to text, graphics, images, logos, icons, audio, video, downloadable materials, educational curricula, course structures, worksheets, journals, learning guides, and software, is the property of Tranquil Mind Academy B.V. or its content suppliers and is protected by Dutch and international copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its content solely for personal, non-commercial, educational purposes. This license does not include the right to:

• Reproduce, distribute, publicly display, or publicly perform any Website content without our prior written consent
• Modify, adapt, translate, reverse engineer, or create derivative works based on the Website content
• Use the Website content for commercial purposes, including resale, redistribution, or incorporation into other products or services
• Remove or alter any copyright, trademark, or other proprietary notices from any Website content

The Tranquil Mind Academy name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Tranquil Mind Academy B.V. You may not use these marks without our prior written permission.

5. Disclaimers

The Website and all content, materials, information, services, and programs available through it are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied.

Tranquil Mind Academy B.V. expressly disclaims all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding the accuracy, reliability, completeness, or timeliness of any content or information
• Warranties that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components
• Warranties regarding the results that may be obtained from the use of the Website or participation in any educational programs

All programs, workshops, educational materials, learning resources, and downloadable content are provided exclusively for educational and personal development purposes. No specific personal, emotional, educational, professional, medical, or other outcomes are guaranteed. Individual experiences and results will vary.

Invited specialists, experts in relevant subject areas, and specialists in personal development education participate solely as educational contributors. Their involvement does not constitute a professional-client, therapist-patient, or similar relationship.

The educational content provided by Tranquil Mind Academy is not a substitute for professional medical advice, psychological counseling, therapy, or any other professional service. If you have concerns about your physical or mental health, please consult a qualified healthcare provider.

6. Limitation of Liability

To the maximum extent permitted by applicable law, Tranquil Mind Academy B.V., its directors, officers, employees, agents, affiliates, and educational contributors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or relating to your use of or inability to use the Website, its content, or any educational programs, even if advised of the possibility of such damages.

This limitation applies to, but is not limited to, damages for:

• Loss of data, revenue, profits, business opportunities, or goodwill
• Personal injury or emotional distress
• Errors, omissions, interruptions, or delays in the Website or its content
• Unauthorized access to or alteration of your transmissions or data
• Statements or conduct of any third party on the Website

In jurisdictions that do not allow the exclusion or limitation of liability for certain types of damages, our liability shall be limited to the fullest extent permitted by applicable law.

In any event, our total aggregate liability to you for all claims arising out of or related to the use of the Website or any educational programs shall not exceed the amount you have paid to Tranquil Mind Academy B.V. during the twelve (12) months immediately preceding the event giving rise to the claim, or one hundred euros (EUR 100), whichever is greater.

7. Indemnification

You agree to defend, indemnify, and hold harmless Tranquil Mind Academy B.V., its directors, officers, employees, agents, affiliates, and educational contributors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your access to or use of the Website or its content
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights or privacy rights
• Your violation of any applicable law, regulation, or guideline
• Any content or information you submit, post, or transmit through the Website
• Your misuse or misapplication of any educational content obtained through the Website

This indemnification obligation will survive the termination of these Terms and your use of the Website.

8. Third-Party Links

The Website may contain links to third-party websites, resources, or services that are not owned or controlled by Tranquil Mind Academy B.V. These links are provided for your convenience and informational purposes only.

We have no control over, and assume no responsibility for, the content, privacy policies, practices, accuracy, or opinions expressed on any third-party websites. Inclusion of any linked website on our Website does not imply our approval, endorsement, or recommendation of that website or its content.

We strongly recommend that you review the terms and conditions and privacy policies of any third-party websites you visit. Your interactions with third-party websites are solely between you and the third party, and Tranquil Mind Academy B.V. shall not be liable for any damages or losses resulting from such interactions.

9. Privacy

Your use of the Website is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your personal data. By using the Website, you acknowledge that you have read and understood our Privacy Policy.

The Privacy Policy is incorporated into these Terms by reference. If there is any conflict between these Terms and the Privacy Policy regarding data protection matters, the Privacy Policy shall prevail.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms, the Website, or the services provided by Tranquil Mind Academy B.V. shall be subject to the exclusive jurisdiction of the competent courts in Rotterdam, the Netherlands.

If you are accessing the Website from outside the Netherlands, you are responsible for compliance with all applicable local laws. Nothing in these Terms shall deprive consumers residing in the European Union of the protection afforded by mandatory provisions of the law of their country of residence, in accordance with Regulation (EC) No 593/2008 (Rome I).

11. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Website, we encourage you to first attempt to resolve the matter informally by contacting us at [email protected]. We will make reasonable efforts to resolve your concern within thirty (30) business days of receipt.

If the dispute cannot be resolved informally within thirty (30) business days, either party may submit the dispute to the competent courts in Rotterdam, the Netherlands, in accordance with Section 10 of these Terms.

EU residents may also submit complaints through the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. Please note that the ODR platform is provided as an informational resource and does not create an obligation on our part to participate in alternative dispute resolution proceedings.

Nothing in this section shall prevent either party from seeking injunctive relief or other equitable remedies from a court of competent jurisdiction where necessary to protect its rights or prevent irreparable harm.

12. Termination

We may suspend, restrict, or terminate your access to the Website at any time, with or without cause, and with or without notice, if we believe in our sole discretion that you have violated these Terms or that your continued access poses a risk to the Website, its users, or our operations.

Upon termination:

• Your right to access and use the Website will immediately cease
• Any licenses granted to you under these Terms will immediately terminate
• You must cease all use of the Website and destroy any materials obtained from it

The following sections of these Terms shall survive termination: Intellectual Property (Section 4), Disclaimers (Section 5), Limitation of Liability (Section 6), Indemnification (Section 7), Governing Law and Jurisdiction (Section 10), and Dispute Resolution (Section 11).

You may discontinue your use of the Website at any time. Termination does not relieve you of any obligations incurred prior to termination.

13. Changes to Terms

We reserve the right to modify, update, or replace these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this page and, where the changes are significant, we will provide a prominent notice on the Website homepage at least fourteen (14) days before the new Terms take effect.

Changes that are minor in nature, such as typographical corrections or clarifications that do not alter the substance of these Terms, may be made without prior notice.

Your continued use of the Website following the effective date of any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree with the modified Terms, you should discontinue your use of the Website before the changes take effect.

14. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Use, please contact us using the information below:

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the provision.

16. Entire Agreement

These Terms, together with our Privacy Policy and Cookies Policy, constitute the entire agreement between you and Tranquil Mind Academy B.V. regarding the use of the Website. These Terms supersede all prior or contemporaneous communications, proposals, and representations, whether electronic, oral, or written, between you and Tranquil Mind Academy B.V. with respect to the Website.

17. Waiver

The failure of Tranquil Mind Academy B.V. to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Tranquil Mind Academy B.V.

18. Assignment

You may not assign or transfer these Terms, or any rights or obligations under these Terms, without our prior written consent. Tranquil Mind Academy B.V. may freely assign or transfer these Terms, in whole or in part, without restriction and without prior notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.