1. Overview & Acceptance:
By accessing, visiting, using or purchasing the services of BreathFinder Ltd and this Website you are bound and accept the terms, conditions, policy notices and disclaimers (and/or available by hyperlink) contained herein. These Terms apply to all users of the site, without limitation users who are visitors, browsers, vendors, customers, merchants, subscribers and/ or contributors of content and others who wish to access or use the Service. If you do not accept these Terms, you must immediately exit the Website and terminate using the Services offered by BreathFinder Ltd. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace (amend) any part of these Terms of Service by posting updates and/or changes to our website at any time for any reason whatsoever, without any prior notice and your continued use of the Website and Services following any changes shall be deemed to be your acceptance of such change. It is your sole responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1.1 Other documents that apply:
- 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 Disclaimer Policy, which sets out the access and use of our website.
- Our Subscriber Terms & Conditions, which set out the terms of the contract between us and breath coaches or practitioners registered on our site (subscribers).
- 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.
2. Modifications to the Terms:
3. Errors, problems, inaccuracies and omissions:
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated
- We can update our site, and may change the content, at any time. Any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
- We do not guarantee that our site, or any content on it, will be complete or accurate.
4. Accessing our site:
- The information on our site is made available free of charge.
- We do not guarantee that our site, or any content on it, will always be available or will never be interrupted. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if our site is ever unavailable for any reason.
- You are responsible for making all arrangements necessary for you to have access to our site.
5. Comments, Feedback, Suggestions and other request Submissions:
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, royalty free right to use, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation
- to maintain any comments in confidence;
- to pay compensation for any comments; or
- to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
6. Contests, Sweepstakes and Promotions:
- When a customer engages in work for a breath Coach or Practitioner, the customer has the right to express an opinion / feedback / comment on the services performed. This is referred to as review.
- A customer is entitled to add a review to the profile of the Breath Coach or Practitioner (Subscriber) whom rendered services. The customer warrants that the information in a review is provided in good faith and is accurate. A review by a customer may not be personal, defamatory, vulgar, obscene and/or racist. The customer must give a clear and concise review of the service provided by the Breath coach or Practitioner and/or a general impression. This is to ensure maximum transparency for future customers.
- Breath Coaches or Practitioners agree to submit themselves to a forum / platform for review by customers with the aim of positive feedback where review by satisfied customers will create more leads / referrals when registering with BreathFinder Ltd.
- Breath coaches or Practitioners also accept the risk of negative review from customers.
- A Breath coach or Practitioner has the right to post a short response to any review by a customer.
- The review may only be posted at completion of the service provided by the Breath Coach or Practitioner and after the customer paid for the services in full. If a dispute arises before the service is completed, the review posted will be limited to “Customer involved in pending dispute with the Breach Coach or Practitioner.” It is not permitted to post a review before the work is fully completed and paid.
- Reviews are composed of a positive, negative or neutral rating and a short comment or expression of the customer’s opinion. BreathFinder Ltd reserves the right to edit same in its sole and exclusive discretion, [without having any obligation to do so and/or accepting any liability whatsoever for not editing same].
- BreathFinder Ltd is entitled [but not obliged] at all times to remove a reference from the Website. In the following cases BreathFinder Ltd may consider to remove a review:
- In terms of a court order.
- If the review contains libellous, discriminating, vulgar, obscene or racist language and / or personal data or links to other websites / pages or scripts.
- If, in the sole discretion of BreathFinder Ltd, there is an abuse of the Website and services.
You agree to indemnify, defend and hold BreathFinder Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, will not be liable for any claim or demand, including but not limited to attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
9. Accounts & Passwords:
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
- You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service.
- You may not use as a username, identification the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorisation. You may not use as a username any name that is offensive, vulgar or obscene.
- You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
- If you think or know that anyone other than you knows your username, identification or password, you must tell us as soon as reasonably possible via email or live chat on our website.
10. 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 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.
11. Accuracy, Completeness and Timeliness of Information:
- We provide the content on our site for general information only. It is not advice you should rely on. You must get professional or specialist advice before taking, or deliberately not taking, any action on the basis of the content on our site.
- We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
12. 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.
- 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.
13. Uploading content to our site:
- Whenever you use a feature that allows you to upload content to our site, or to contact other users of our site, you must keep to the content standards set out in our acceptable use policy.
- Any contribution you make to our site must meet the content standards set out in our acceptable use policy. You will be liable to us for, and must compensate us for, any loss or damage we suffer if they don’t.
- Any content you upload to our site will be considered as non-confidential and
non-proprietary, and we have the right to use, copy, distribute and publish that content for any purpose.
- We also have the right to reveal your identity to any third party claiming that any content posted or uploaded by you breaks their intellectual property rights or their right to privacy.
- We will not be responsible, or liable to any third party, for any content posted by you or any other user of our site.
- We can remove any content you post on our site if, in our opinion, it does not meet the content standards set out in our acceptable use policy.
- The views expressed by other users on our site do not represent our views or values.
14. Links to other sites:
The website may contain references (e.g. through a hyperlink, banner or button) links to third-party websites and resources (“linked sites”) that are not owned or controlled by BreathFinder Ltd. These linked sites are provided solely as a convenience to you and not as an endorsement by BreathFinder Ltd. BreathFinder Ltd makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. BreathFinder Ltd may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the BreathFinder Ltd website.
You acknowledge and agree that BreathFinder Ltd has no control over these websites, and shall not be responsible for examining, evaluating or liable, directly or indirectly, for any damage or loss caused related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or alleged to be caused by or in connection with use of or reliance on any such content or accuracy and / or policies, practices, goods or services available on or through any such third party materials, web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
15. Linking to our site:
BreathFinder Ltd generally encourages and agrees to linking your website to our site in a way that is fair and legal and does not damage our reputation or take advantage of it. Please obtain our permission (which we can withdraw without notice). Please ask for permission via email.
Any link you make to our site must not suggest that you are associated with us, or that you are approved or endorsed by us, if that is not the case. You will only be considered to be associated with us, or approved or endorsed by us, if we have specifically told you so in writing.
BreathFinder Ltd does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted. You should use your own virus-protection software.
- You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.
- You must not try to gain unauthorised access to our site, the server our site is stored on or any server, computer or database connected to our site.
- You must not attack our site with a
denial-of-service (DoS) attack (an attack intended to make a system, service or network unusable by flooding it with traffic or information).
- Breaking this clause is a criminal offence under the Computer Misuse Act 1990. We would report the matter to the relevant law-enforcement authorities and give them your name and contact details.
- If you break this clause you will immediately lose your right to use our site.
17. 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.
19. Changes to our Terms:
We reserve the right, at our sole discretion, to update, modify, change or replace these Terms of Service at any time. You can review the most current version of the Terms of Service at any time at this page. It is your responsibility and we encourage you to read this page from time to time as they are legally binding on you.
By continuing to access or use our Service after any revisions become effective may be also be overruled or replaced by conditions or notices published elsewhere on our site, therefore you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Service. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
20. 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.
21. Contact Us
If you have any questions about these Terms, please contact us via email