1. Introduction:

• Our site at breathfinder.io is owned and operated by us, BreathFinder Ltd. We are a private limited company incorporated in Jersey, Channel Islands under company registration number 135013, and our registered office in, Jersey, Channel Islands.
• We run an online directory (the directory) of Breath Coaches, also known as Breathwork Service Providers (BSP) registered on the website at breathfinder.io or any other website we give BSPs registered with us (subscribers) notice of.
• These terms and conditions govern the relationship between you, the subscriber, and us.
• We can change these terms and conditions from time to time. We will give you written notice of any changes which disadvantage you. If there is any difference between these terms and conditions and any previous versions of them, these terms and conditions will apply (except where they say otherwise).
• By registering with us and paying for our services as a Breathwork Service or Training Provider set out in our  the Get Started page (as the case may be), you are agreeing to keep to these terms and conditions.
• By using this site, it is deemed that you agree to these terms and conditions. If you do not agree to these terms and conditions, you must stop using our website and our services immediately.

2. Other documents that apply:

These terms of use refer to the following documents, which also apply to your use of our Site.

• Our Cookie Policy, which sets out information about the cookies on our site
• Our Privacy Policy, which sets out how we process your personal information
• Our Resolving Issues Policy, which sets out disputes.
• Our Payment Terms & Refund Policy, which sets our terms that govern payments and refunds.
• Our Ethical Code Of Conduct Policy, which sets out how you can and cannot use our site and place material on it.
• Our Minors Privacy Policy, which sets out terms for children under the age of 18.
• Our Disclaimer Policy, which sets out the access and use of our website.
• Our Acceptable Use Policy, which sets out how you may use our website. It applies to everyone who visits or uses our site.   
• Our Copyright Infringement Policy, which explains how we take claims seriously on our website. 

3. Basis of contract:

• Your order to appear in the directory is an offer from you to buy our services in line with these terms and conditions.
• Your offer will be accepted, and the contract between you and us will come into force, on the date we send you written notice that we have accepted your order.
• The contract is the entire agreement between you and us. You must not rely on any statement, promise, assurance, guarantee or implied term (including, but not limited to, those shown on websites and in marketing material, adverts, brochures, communications and so on) which is not set out in the contract as it will not be binding on us.
• Any illustrations, descriptions or advertising issued by us, and any descriptions or illustrations contained in our publicity material or on our site, are provided only to give guidance on our services. They do not form part of the contract or give us any legal obligation.
• These terms and conditions apply over any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or otherwise.
• Any quotation we provide is not an offer from us, and is only valid for 10 business days (Monday to Friday, except bank holidays) from the date we issue it.

• You must be the author of your listing in the directory or have all the permissions you need to quote and use any information, graphics or photographs you have not written, created or taken. We have no liability if any listing breaks, limits or undermines a third party’s rights.
• The terms of your order and your subscriber information must at all times be complete, accurate, truthful and up to date.
• You must tell us, as soon as possible, about any complaints made about your professional services, as this may affect your eligibility to be a member of our directory.
• You must tell us, as soon as possible, about any matter which has affected or could affect your professional reputation (for example, professional sanctions, allegations, investigations and so on), as this may affect your eligibility to be a member of our directory.
• You must co-operate with us in all matters relating to our services.
• You must allow us and our employees, agents, consultants and subcontractors to contact you at all reasonable times and keep the contact details we have for you up to date.
• You must give us any information and materials we may reasonably need in order to provide our services, and make sure that the information is accurate.
• You must always have all the licences and permissions you need in order for us to provide our services.
• You must maintain any services or products we need to provide our services to you, such as email accounts, phone line and so on.
• You must protect any sensitive information and materials associated with your listing in the directory, including (but not limited to) your username, password, log-in details, documents, policies, notices and correspondence, and make sure that these are not given to any unauthorised third parties.
• Your listing in the directory must only specify issues, treatments or approaches you are qualified to offer or deal with.
• Your listing in the directory must not:
  1. use obscene or vulgar language or contain content that is intended to promote or incite violence;
  2. contain content that is unlawful or otherwise offensive or upsetting (including information that may break any rule, regulation or law specific to your business or industry);
  3. contain any content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
  4. break, limit or undermine the intellectual property rights of any third party; or
  5. contain viruses or any other software or instructions that may damage or disrupt other software, hardware or communications network.
• Your listing in the directory must be honest and fair, not make any claims that cannot be proved, not make dishonest or unreasonable comparisons with other businesses, be placed in the appropriate category and not impersonate other people or businesses.
• If we cannot meet, or are delayed in meeting, any of our obligations under these terms and conditions as a result of anything you have or have not done, or your failure to meet an obligation, the following will apply.
• We can suspend our services until you have put the matter right (if it can be put right), and not have to meet any of our obligations which have been prevented or delayed by something you have or haven’t done.
• In the event that any of the provisions are not followed, or any other conditions are broken, we may remove your listing and suspend or end our services. In this case, you will not be entitled to any refund. We can also make any alterations to listings if we consider it necessary to remove any material which might lead to legal action. In this case we will tell you about any alterations we have made. If we want to make changes to your listing for a reason other than the possibility of legal action, we will ask you for permission to make the change.
• We will not be liable for any costs, damages or losses you suffer as a direct or indirect result of us failing to meet, or a delay in us meeting, any of our obligations or as a result of any mistakes in your listing.
• If we ask in writing, you must reimburse any costs or losses we suffer as a direct or indirect result of something you did or failed to do.

6. Fees & Payments:

Subscribers, shall pay for all subscription fees, and hereby authorizes BreathFinder Ltd (and its payment processors) to a debit Subscriber’s bank account or charge a Subscriber’s credit or debit card, as stated on the subscribers account subscription page. We reserve the right to obtain validation of your credit or debit card details before we allow you to use the Service.  We will take the first payment on the day that we accept your order and start providing our services. We will automatically continue to take the fee until the contract ends.  For your convenience (and to keep our costs to a minimum) we hold your payment details on a secure server and take payments automatically using continuous payment authorities.

Subscribers agree that all subscriptions are recurring and will renew automatically.  All Subscriptions will automatically renew on the Renewal Date unless you notify us at least 14 working days in advance of the Renewal Date that you do not want to renew your Subscription Plan. (This timeframe is required to process any changes to your account). The Subscription Fee will be taken on your Renewal Date.  Your personal privacy and financial security are of the utmost importance to us and we will endeavour to ensure all user details, including payment methods, remain secure – see our Privacy Policy for more information.

Invoices are sent to you by email and also can be viewed from your account dashboard at any time which is dependent on your Subscription plan.

Subscribers shall also be solely responsible for paying and remitting to the appropriate tax authorities all applicable taxes (tax, sales tax, services tax, value-added tax (VAT), goods and services tax (GST), etc.) or duties imposed by any government entity or collecting agency except those taxes based on BreathFinder Ltd net income.

In the event Subscribers fail to satisfy their tax and/or duty obligations, Subscribers shall not hold BreathFinder Ltd liable against any claim (including penalties) resulting from Subscribers failure to pay such taxes and/or duties.

7. Refunds & Cancellations:

In the event we find a payment has been taken in error we’ll refund the amount promptly to your credit or debit card.  You can cancel your subscription in accordance with these Payment Terms via email.  You may cancel your subscription within the first 2 days of your subscription (“Cooling-Off Period “) in which case you will receive a refund of the initial Subscription fee (less any reasonable administration fee) paid prior to the date of cancellation of your subscription.  Other than as expressly set out in these Payment Terms, all refunds are at our sole discretion.

We reserve the right to review our fees from time to time.  Any changes to these Payment Terms will be posted on our Site. If we increase our Subscription Fees we will give you 14 days notice before the increased Subscription Fee takes effect. If we increase the Subscription Fees, provided you notify us via email before the increase takes effect stating that you wish to cancel your Subscription. 

You must make each payment you owe us in full within two business days of the due date shown in your profile management area of our site. If you do not make a payment on time, you will be considered to have broken the contract between you and us and we can end the contract and pursue any outstanding payments. Payments may not be withheld by either party regardless of any outstanding credit / debit issues between both parties.

• BreathFinder Ltd Basic (Free), Foundation & Advanced Subscription Plan includes a 14-day risk free trial.
• After 14 days, the chosen service is billed in advance for the year and is non-refundable after 2 days of first payment, no refunds will be issued after this date.
• A free trial cannot be paused or reinstated if any subscription plan is cancelled or downgraded before the initial trial period has ended.  
• All subscription annual plans, are recurringand will automatically renew after the end of each paid subscription period. 
• Similarly, it is your responsibility to evaluate BreathFinder Ltd, including its features, limitations and system requirements before selecting any Paid Subscription Plan. BreathFinder Ltd will not issue refunds to customerson the basis of customers not understanding the services features or the presence of compatibility issues, including inadequate internet speed or consistency, or incompatible devices, operating systems, or browser software versions. Platform compatibility should be tested during the free trial period for the related subscription plan. 

8. Switching Upgrade & Downgrade Plans:

Subscribers may upgrade, downgrade or cancel their subscription by logging into their BreathFinder.io account page and then navigating to the subscription tab, clicking settings and choosing the package options which you would like to change at any time.   A confirmation email receipt will be sent to the subscriber with the expiration date and the package details of the subscription and charges incurred.  Please keep in mind that you are solely responsible for upgrading, downgrading or cancelling your subscription packages within your account. 

9. Intellectual Property Rights:

The Service and its original content, icons, design, graphics, text and all software and source codes connected with the site (excluding Content provided by contributors and subscribers), features and functionality are and will remain the exclusive property of BreathFinder Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both Jersey, Channel Islands and foreign countries. Our trademarks and branding may not be used in connection with any product or service without the prior written consent of BreathFinder Ltd.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “The Copyright, Designs and Patents Act 1988”.  You may be held accountable for damages (including costs and lawyer fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright. 

If you print off, copy or download any part of our site in a way that breaks these terms of use, your right to use our site will end immediately and you must return or destroy (as specified by us) any copies you have made of the content. 

10. Cookies and further information on our site:

• Use of our site is also governed by our privacy policy.
• We use cookies to collect and sort information about your use of our site. Click here for more information about our cookie policy.
• As well as having your listing in the directory, once you are a subscriber you are entitled to publish articles, advertise events, seminars or workshops, and publish details of promotions or special offers. We can refuse to publish this information, edit the information, or remove the information from our site. You agree that the information you post on our site will be accurate at the time you post it and that if any of the information changes, you will tell us about the change within seven days.
• Our site may contain links to other sites, including the sites of other subscribers. Unless we have specifically said otherwise, those sites are not under our control. Our site having a link to another site does not mean that we endorse the linked site or its owner. We are not responsible for any content or information published on linked sites, and have no liability for any loss or damage arising from using a linked site.

11. General:

1. Assignment and other dealings: we may transfer, in any way, any of our rights under the contract, and may subcontract or delegate any or all of our obligations under the contract, to any third party or agent.  Unless you have our permission in writing, you must not transfer, in any way, any of our rights under the contract to any third party or agent.
2. Notices: any notice or other communication that must be given under the contract must be in writing, addressed to the other party’s registered office (if it is a company) or its main place of business (in any other case), or to any other address the relevant party has specified to the other party in writing. The notice or communication must be delivered personally, sent by first-class post or another next-working-day delivery service, courier, fax or email.

Any notice or other communication will be considered to have been received at the following times.

1. • If delivered personally, when it is left at the correct address.
   • If sent by first-class post or another next-working-day delivery service, at 9am on the second business day after it was sent.
   • If delivered by courier, when the courier’s delivery receipt is signed.
   • If sent by fax or email, the business day after it was sent.

This clause does not apply to any documents served during legal proceedings.

1. Separate provisions: if any of these terms (or part of them) cannot be enforced, that term is considered not to be included in these terms and conditions, and this will not affect the remaining conditions. This term will apply only in the country or state where a particular term cannot be enforced.
2. Failure to exercise rights: if you or we do not exercise any right under the agreement, this will not prevent that right from being exercised at a later date.
3. No partnership or agency: nothing in the contract between you and us creates any partnership or joint venture between you and us, or makes either you or us the other party’s agent. You and we do not have authority to act as an agent for, or to bind, the other in any way.
4. Third parties: nobody except you and us has any rights to enforce its terms.
5. Variation: except as set out in these terms and conditions, no changes can be made to the contract unless we agree to them in writing.

12. Governing Laws:

These Terms shall be governed and construed in accordance with the laws of Jersey, Channel Islands, without regard to its conflict of law provisions.  You agree that any legal dispute between you and us will only be settled in the courts of Jersey, Channel Islands.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

13. Disclaimer Notice:

By using www.breathfinder.io website you agree to abide by and acknowledge the following disclaimer.

• We have taken care in creating and operating the online BreathFinder.io Directory for breath coaches or practitioners (the directory) and aim to present and maintain accurate and up-to-date information. However, mistakes may sometimes happen. We will not be responsible for any loss, damage or inconvenience caused as a result of any mistake in the directory. If you think any information is incorrect or inappropriate, please Contact Us by sending an email.
• You accept that the directory, and all information on it, is only an online directory of breath coaches or practitioners registered on our site (subscribers). Their details (the subscriber information) are provided by the subscriber and published for the public. We do not certify, recommend, endorse, approve or refer you to any subscriber, their services or the information (including their qualifications) they have provided.
• We will do everything reasonably possible to make sure that the subscriber information is accurate, but the subscribers are ultimately responsible for their own information and we are not liable for its accuracy. We will not be liable to you for any loss, damage (even if it could have been expected) or otherwise arising in connection with you relying on any subscriber information.  You are responsible for checking the subscriber information before you rely on it.  Also, we will not be liable for any advice or breath coaching support a subscriber provides or any action you take as a result of that advice or support.
• We are not responsible for any content on websites you access from links on our site.
• The information displayed on our website is a directory for information only.  It is not intended to replace medical advice or the advice of any other healthcare professional.  While the information provided on this Website relates to medical and/or health issues, the information contained on this Website is not a substitute for medical or health advice from a professional who is aware of the facts and circumstances of your individual situation. 
• Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this website or for any damage you may suffer as a result of failing to seek competent medical or health advice from a professional who is familiar with your situation.  We will not be liable for any decisions or diagnoses provided by subscribers.  
• Your use of this Website – including implementation of any suggestions set out in this Website and/or use of any resources available on this Website – does not create a professional-client relationship between you and the Company or any of its professionals.
• The Company cannot accept you as a subscriber until we determine that your services are in line with our website polices ensuring various requirements are met such as the primary business of the subscriber been the modality of Breathwork. Thus, you recognize and agree that we have not created any professional-client relationship by the use of this Website until these requirements have been agreed.
• You agree that you will not sell or trade in any materials on the website or redistribute subscriber information in any way or for any purpose, including compiling databases, lists or directories, or providing commercial information to any third party.
• You agree that our site is for personal use only by those wanting to use the services of a subscriber. You must not use our site for commercial purposes, including contacting subscribers to promote your goods or services.
• Any telephone numbers listed on our site may be recorded for security purposes.
• BreathFinder Ltd are not involved in the actual transaction between business (subscribers) users and customers who contract their services after first being introduced via the website.
• We have no control over the quality, safety or legality of the items or content posted on the website by any user, the truth or accuracy of any posting, the ability of businesses to provider services or the ability of customers to buy services. We cannot censure and do not guarantee that a customer or business user will actually complete a transaction or act lawfully in using the website.
• BreathFinder Ltd cannot and does not confirm each business user’s purported identity.
• If you have any questions, concerns about this (please see the associated Disclaimer Policy for further details) Disclaimer Policy, your personal data, our use and disclosure practices, or your consent choices, please contact us via email.

14. Limitation of Liability & Warranties:

• We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
• any conduct or content of any third party on the Service linked to our site. We do not approve or endorse any linked websites and will not be liable for any loss or damage that may arise from you using them.
• We will not be liable for any loss or damage caused by a virus, hacking or other technologically harmful event or material that may infect your computer equipment, computer programs or other material due to you using our site, downloading content from it, or following any links to other websites.
• You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
• You expressly agree that your use of, or inability to use, the service is at your sole risk.
• The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
• To the extent allowed by law, we exclude all statements, promises, assurances guarantees and implied terms (including, but not limited to, those shown on websites and in marketing material, adverts, brochures, communications and so on) that may apply to our site or any content on it and are not set out in the contract.
• In no event shall BreathFinder Ltd, not its directors, officers, employees, partners. affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, death, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential or damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, use, goodwill, opportunity, reputation, or any similar intangible losses or damages, whether based in warranty, contract, tort (including negligence), fraudulent action or statements, or any other liability that cannot be removed or limited under Jersey, Channel Islands law, strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, unauthorised access, use or alteration of your transmissions or content, any errors or omissions in any content, use or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, or any other legal theory, even if advised of their possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

14.1.  Exclusions:

• Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

15. Modifications Of Terms:

BreathFinder Ltd does not warrant the accuracy, adequacy or completeness of material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of BreathFinder Ltd.  Please check these terms of use from time to time to take notice of any changes we made, as these are binding on you.

16. Contact Us:

If you have any questions, concerns about this subscribers terms, please contact us via email