Terms of Service
Last Update: December 2020
Welcome to MindfulCommerce.io.
The following terms of service (these "Terms of Service"), govern your access to and use of the MindfulCommerce website, including any content, functionality and services offered on or through www.MindfulCommerce.io (the "Site") by MovingWave Ltd trading as Mindfulcommerce (6 Brookfield Close Braunton, Ex33 2AN United Kingdom).
Movingwave Ltd trading as MindfulCommerce is referred herein as "MindfulCommerce" "we" or "us" and “you” or “user” means you as an user of the Site. Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, and our Privacy Policy, found here, each of which is incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.
By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available Monday - Friday 9am - 5pm GMT if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by emailing info@minfulcommerce.io
The original language of these Terms of Service, as well as all other texts throughout the Site, is English. MindfulCommerce makes available this translation for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
Overview (Main terms, in a nutshell)
Only registered users will be listed on the MindfulCommerce directory. Registration is granted based on meeting certain sustainability criteria outlined in our framework and will be reviewed on application. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any communications between you and any customer connected via the MindfulCommerce directory and you are accountable for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.
User Conduct and Protection
MindfulCommerce enables people around the world to connect and collaborate to create a more sustainable ecommerce world.
Members of the MindfulCommerce community communicate and engage through direct email, phone, social media, and on MindfulCommerce’s Community Forums.
MindfulCommerce maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of MindfulCommerce. This section relates to the expected conduct users should adhere to while interacting with each other via MindfulCommerce.
To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team info@mindfulcommerce.io
Basics
MindfulCommerce does not provide any guarantee of the level of service offered to Buyers.
MindfulCommerce does not provide protection for users who interact outside of the MindfulCommerce platform.
Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
MindfulCommerce is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and will result in the suspension/removal of your account.
Reporting Violations
If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us by emailing info@mindfulcommerce.io. All cases are reviewed by us.
Violations
Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our team. A warning will be sent to the user's email address. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.
Non-Permitted Usage
Adult Services & Pornography - MindfulCommerce does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language - Communication on MindfulCommerce should be friendly, constructive, and professional. MindfulCommerce condemns bullying, harassment, and hate speech towards others.
Phishing and Spam - Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their offer.
Privacy & Identity - You may not publish or post other people's private and confidential information. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the customer. Any users who engage and communicate off of MindfulCommerce will not be protected by our Terms of Service.
Authentic MindfulCommerce Profile - You may not create a false identity on MindfulCommerce, misrepresent your identity, create a MindfulCommerce profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. MindfulCommerce reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims - MindfulCommerce will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.
Fraud / Unlawful Use - You may not use MindfulCommerce for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts - To prevent fraud and abuse, users are limited to one active MindfulCommerce listing. Any additional listing determined to be created to circumvent guidelines, promote competitive advantages, or mislead the MindfulCommerce community will be disabled. Mass listing creation may result in disabling of all related accounts. Note: any violations of MindfulCommerce’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all listings.
Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on MindfulCommerce. This includes creating new multiple listings to harass members.
Selling Accounts - You may not buy or sell MindfulCommerce listings.
Proprietary Restrictions
The Site, including its general layout, design and content, is exclusively owned by MovingWave Ltd T/A MindfulCommerce. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site: (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
Feedback Rights
To the extent that you provide MindfulCommerce with any comments, suggestions or other feedback regarding the MindfulCommerce platform or the Site as a whole, as well as other MindfulCommerce products or services (collective, the “Feedback”), you will be deemed to have granted MindfulCommerce an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. MindfulCommerce is under no obligation to implement any Feedback it may receive from users.
Confidentiality
Listees should recognize that there might be a need for customers to disclose certain confidential information to be used by Service providers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Service providers agree to treat any information received from customers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Service providers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the customer’s permission.
General Terms
MindfulCommerce reserves the right to put any account/listing on hold or permanently disable accounts/listees due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
Violation of MindfulCommerce's Terms of Service and/or our Community Standards may get your account/listing disabled permanently.
Users with disabled accounts/listings will not be able to sell or buy on MindfulCommerce.
Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact us for more information surrounding the violation and status of the account: info@mindfulcommerce.io
Users must be able to verify their account ownership by providing materials that prove ownership of that account.
Disputes should be handled by contacting info@mindfulcommerce.io
MindfulCommerce may make changes to its Terms of Service from time to time. When these changes are made, MindfulCommerce will make a new copy of the terms of service available on this page.
You understand and agree that if you use MindfulCommerce after the date on which the Terms of Service have changed, MindfulCommerce will treat your use as acceptance of the updated Terms of Service.
By offering a service, the Service provider undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on MindfulCommerce.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MINDFULCOMMERCE NOR ANY PERSON ASSOCIATED WITH MINDFULCOMMERCE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL MINDFULCOMMERCE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with MindfulCommerce, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.