AGREEMENTS TO TERMS
Company Number 13396132
Last updated on June 21, 2021.
Please ensure that you read and understand our terms and conditions before using and ordering any of our products or services. This also includes before ordering any of our products and services from the third party app stores e.g. Apple Store and Android Play Store.
ZENMIND PRODUCTS BY AKANISTA LIMITED
The contents on our website, mobile applications may be updated from time to time at the sole discretion of Zenmind. We reserve the right to make any changes as and when needed. Zenmind is a wholly owned UK based subsidiary of Akanista Limited.
Before purchasing and using any of our products and services on your device (refers to any device used to access products including but not limited to computers, smart phones, tablets) you may be asked to click “I accept” at the appropriate place before your purchase. You may not be able to complete the purchase or continue using our products and services if you do not “accept” our Terms and conditions. By using our Products and services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products and services.
AGREEMENT TO TERMS
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, please do not use our products or services including mobile application, website if you disagree with any part of these terms and conditions.
You are granted a personal, non-exclusive, non-transferable, non-sub licensable, limited privilege to enter and use the mobile application and website by Zenmind by Akanista Limited so long as you comply with these Terms and Conditions and any modifications.
CHANGES TO TERMS
Zenmind reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to our websites https://zenmind.co.uk and https://akanista.com and on the mobile applications. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Products or email.
Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration” section below, and except for certain types of disputes described in the “Arbitration“ section below, you and Zenmind agree that disputes relating to these terms or your use of the products will be resolved by mandatory binding arbitration, and you waive any right to participate in a class-action lawsuit or class-wide arbitration.
You may sign up as a registered user of the Products free of charge. To become a Member you need to go to the relevant section of the Products, then submit your first name, last name and email address to us, and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. You may not register for more than one Member account.You are also responsible for updating your user information.
By registering for a Zenmind account, the Products, you warrant that:
– You are legally capable of entering into binding contracts
– All registration information you submit is truthful and accurate
– You will maintain the accuracy of such information and
– Your use of the Products does not violate any applicable law or regulation
USE OF ZENMIND BY MINORS
Our products and services are planned for persons who are 18 years old or older. Persons below that age may use our products and services provided that they are under the guidance, supervision and consent of primary caregiver, parents/ guardian.
By agreeing to become a Member you may receive occasional special offer, marketing, and survey communication emails with respect to the Product. You can easily unsubscribe from Zenmind commercial emails by following the opt-out instruction in these emails.
Zenmind membership accounts and subscriptions are not transferable and therefore you agree to not sell, transfer, or exchange membership accounts or subscriptions in any way or under any circumstance. This expressly applies to any discounted, subsidized, or free accounts or subscriptions.
Zenmind account holders may access the Products and Services in two ways: (i), “Free” : a free-of-charge membership, which gives access to limited content. (ii) Paid Subscription (Zenmind “Standard” and “Premium”): a subscription fee-based membership, which gives access to all content including and beyond the “Free Limited” contents. You will only have access to Zenmind fee-based membership while your subscription is active and subsisting. You may have access to a free trial period of Zenmind Standard or Premium membership in accordance with certain promotional offers. You may access Zenmind applications in the following ways: by purchasing a subscription to the Products within the Apps, where allowed by the App marketplace partners, or through a bundle with one or more of our bundle subscription partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. If you purchase through one or more of our bundle subscription partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the bundle subscription may be administered by them.
You may access Zenmind membership via an annual subscription option, a year constitutes 365 calendar days.
Our “Annual” subscription is paid in annual installments. For each year that your annual subscription is active, you acknowledge and agree that Zenmind is authorized to charge the same credit card as was used for the initial subscription fee. The annual renewal subscription fees will continue to be billed to the Payment Method you provided until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next year’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
Our “Yearly” subscription is paid for by an upfront payment with automatic annual renewals. You acknowledge and agree that Zenmind is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the non-discounted renewal subscription fee(s). You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
Subscription: Zenmind offers certain special discount pricing options. The special discount pricing options will permit users to access to the same content included in Zenmind fee-based memberships; such special discount pricing options shall only be available to qualified users. To be considered a qualified user, your information will be provided directly by Zenmind’s third-party verification system. Zenmind reserves the right to determine if you are a qualifying user at our sole discretion.
You agree to promptly notify Zenmind of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
In the course of your use of the Products, Zenmind and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Zenmind and Zenmind’s third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
Our obligation to provide the Products only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. All prices in Pound Sterling include local taxes. You agree not to hold us responsible for banking charges, any currency exchange difference and any extra local or international transactional charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through Zenmind for commercial purposes.
Gift subscriptions are paid for by a one-time upfront payment. Once bought, the Giftor will receive an Order confirmation and receipt. The Zenmind gift subscription will be sent to the Recipient on the Giftor’s specified date. Gifting codes can only be used once in the country for which they were purchased and cannot be redeemed for cash, resold or combined with any other offers, including free trial. Please note that gifting codes cannot be redeemed if the Recipient has already purchased a subscription through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application. We will automatically bill the Payment Method you provided for any purchased Gift Subscriptions at the time of purchase, not delivery. There are no refunds or other credits for Gift Subscription that are not redeemed. Zendmind is not responsible if a Gift Subscription is lost, stolen or used without permission.
Partnerships (corporations, universities, hospitals, etc.) purchase and introduce the Products to their employees and members. In some cases, these partnerships may supplement these Terms with their own terms and conditions, which may include additional terms around subscription redemption, usage or supplementary payment for Zenmind fee-based memberships. In such an event, these partnership terms and conditions shall also apply to your use of the Products. In the event of any conflict with such additional terms and these Terms, the additional terms shall prevail.
FEES AND CHARGES
We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
CANCELLATION AND REFUND POLICY
You may cancel a Yearly subscription plan at any time. Cancellation is effective at the end of the applicable annual period. Additionally, our Yearly subscription plan is offered within a 14-day money back guarantee, which entitles you to a full refund upon cancellation and emailing firstname.lastname@example.org to request a refund. Such refund requests must be made within the first 14 calendar days from your first date of payment. You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the 14-day money back guarantee. No such refunds will apply to subsequent renewals of the Yearly subscription or subscriptions purchased through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application.
Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio and video content from the Products.
Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users. No promotion code or discount will apply to partnership subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.
You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves.
You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.
By breaching the provisions of the above, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.
You agree not to use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent of Zenmind.
All materials (including software and content whether downloaded or not) contained in the Products are owned by Zenmind (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You shall not acquire any ownership rights in or to such materials. The materials may not be used without our prior written permission.
You acknowledge and agree that certain materials on or in the Products are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions against you.
Audio or video content from Zenmind not explicitly indicated as downloadable may not be downloaded or copied from the Products or any Device.
The Products are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. No material from the Products to be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability.
A limited amount of content may be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, Instagram, LinkedIn etc.). You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.
ZENMIND®, the ZENMIND logo and all other Zenmind product or service marks are trademarks of Zenmind. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Products is strictly prohibited. Zenmind will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault or bug free. If a fault occurs in the Products, please report it to us at email@example.com and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.
Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can. In the event that the Products are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing firstname.lastname@example.org.
The Products may let you submit material to us: for example, you may be able to upload a photo to your profile. If you submit contents, you are agreeing to do so in accordance with these Terms. If you do not want to submit content in accordance with these Terms, then you should not do so.
We do not systematically review contents submitted by you or other users. We are not responsible for the content provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about contents, including as to its legality or accuracy.
We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your content, or to restrict, suspend, or terminate your access to all or any part of the Products. We may do this with or without giving you any prior notice.
You own your contents or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract.
Your content is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
Your content does not advertise any product or service or solicit any business.
Your content does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if content identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your content; and in submitting your content you are not impersonating any other person.
You will not collect email addresses of users for the purpose of sending unsolicited email.
You will not, without authorization, access, tamper with, or use non-public areas of the Products, Zenmind’s computer systems, or the technical delivery systems of Zenmind providers
We are entitled to identify you to third parties who claim that their rights have been infringed by
Content is not considered to be confidential. You agree not to submit any Content in which you have any expectation of privacy. We do not claim any ownership rights in Content. However, by submitting content you hereby grant Zenmind an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Content you post on the Products, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. Zenmind may include your Content in Zenmind’s Distribution Content that is made available to others through the Products. Be aware that Zenmind has no control over Content once it leaves the Products, and it is possible that others may duplicate material found on the Products, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your Content. You agree to compensate Zenmind and its affiliates for all claims arising from or in connection with any claims to any rights in your Content or any damages arising from your Content.
LINKS TO THIRD PARTY WEBSITES
We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites.
The information contained in the Products is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Zenmind is a provider of online, onsite and mobile meditation, mindfulness, sleep, movement and coaching content in the health & wellness space. We are not a health care or medical device provider, nor should our Products be considered medical advice. Only your physician, General Practitioner or other health care provider can do that. While there is third party evidence from research that meditation can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, Zenmind makes no claims, representations or guarantees that the Products provide a physical or therapeutic benefit.
Any health information and links on the Products, whether provided by Zenmind or by contract from outside providers, is provided simply for your convenience.
To the extent that you participate in any movement content, you represent and warrant that you are in inadequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. You should consult a licensed physician prior to beginning or modifying any movement program that you undertake, especially if you have a prior injury, a history of heart disease, high blood pressure, other chronic illness, or condition. You acknowledge that Zenmind has advised you of the necessity of doing so.
The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products.
There have been rare reports where people with certain psychiatric problems like anxiety and depression have experienced worsening conditions in conjunction with intensive meditation practice. People with existing or potential mental health conditions should speak with their health care providers before starting a meditation practice.
RIGHTS IN CONTENT GRANTED BY ZENMIND
Subject to the terms of this license agreement, Zenmind grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Products. All right, title and ownership in the Products remain with Zenmind or its licensors, as applicable. The rights to download and use the Products are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this agreement.
The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade.
We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
When using the Products and services, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Products. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
You can also contact us via email at email@example.com to unsubscribe from further communications. Unsubscribing from communication may impact your ability to use the Products.
We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by law.
AGREEMENT TO ARBITRATE
All disputes arising out of, relating to, or in connection with these Terms or your use of the Products that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and Zenmind are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
You may opt-out of this arbitration agreement. If you do so, neither you nor Zenmind can force the other to arbitrate. To opt-out, you must notify Zenmind in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your Zenmind account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice by email at firstname.lastname@example.org.
GENERAL TERMS AND CONDITIONS
Zenmind may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
You agree to defend, indemnify and hold Zenmind and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your negligent, reckless, or willful misuse of the Products, your placement or transmission of any message, content, information, software, or other submissions through the Products, any third-party claims of bodily injury, death, or damage to real or tangible personal property caused by your negligent or more culpable acts or omissions related to your use of the Products; or your breach or violation of the law or of these Terms. Zenmind reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Zenmind defense of such claim.
If you have any questions about these Terms or the Services or Products, please contact Zenmind at email@example.com.