Please carefully go through these terms and conditions before you decide to access the Website or avail the services made available on the Website by iAmMotherly. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and iAmMotherly in connection with your visit to the Website and your use of the Services (as defined below). By using our Services, you agree to be bound by these Terms as well as the policies referenced in these Terms.
Scope of Use
This Agreement applies to those services made available by iAmMotherly on the Website, which are offered to the Users (“Services”). The Services may change from time to time, at the sole discretion of iAmMotherly, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are signed up as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at team@iammotherly.org
By accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.
We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications may not be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.
You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.
Your access to use of the Website and the Services will be solely at the discretion of iAmMotherly.
The Agreement is published in compliance of, and is governed by the provisions of the laws of Bangladesh, including but not limited to:
- The (Bangladesh) Contract Act, 1872,
- The (Bangladesh) information and communication technology Act, 2006, and
- The (Bangladesh) Digital Security Act 2018
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined in the “Definitions” section below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to MINDVALLEY INC., a Delaware corporation, located at 7302 Royal Oaks Ct. Pleasanton, CA 94566.
- Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- Device means any device that can access the Website such as a computer, a cellphone or a digital tablet.
- Services refer to the programs offered for sale on the Website.
- Orders mean a request by You to purchase Goods from Us.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Website.
- Website refers to iAmMotherly, accessible from https://www.iammotherly.com/
- You (also, referred to as “Your”) means the individual accessing or using the Website, or the company, or other legal entity
Privacy Policy
All information we collect on the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You represent and warrant that all data provided by you is accurate.
Your Account
You may establish an account on the Site. At a minimum, account registration requires you to (i) indicate agreement to these Terms of Service, (ii) provide certain contact information and identification details, and (iii) submit any other form of authentication required as part of the registration process. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.
You are responsible for all activities that occur under your account or password, whether or not authorized by you. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify us immediately. We may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on the Site, have been made by you unless we receive notice indicating otherwise.
You may cancel your account at any time by contacting us as specified on the “Contact Us” page on the Site. iAmMotherly may terminate your account and refuse any and all current or future use of the Site or other services, or any portion thereof, (i) in order to comply with applicable laws, rules and regulations, (ii) if you provide any information that iAmMotherly determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (iii) if you are using your account in a manner not permitted by these Terms of Service, or (iv) in other circumstances, as iAmMotherly deems appropriate in its sole discretion.
Placing Orders for Services
By placing an Order for services through the Website, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Services available on the Website, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your Child’s name, age, birthday, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Pricing and Availability
Prices and availability of products and services are subject to change without notice. iAmMotherly reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, whether or not the order has been confirmed and/or your credit or debit card has been charged. If your credit or debit card has already been charged for a purchase and your order is cancelled, we will issue a credit to your credit or debit card account in the amount of the charge. Individual bank policies will control when this amount is credited to your account.
Promotions
Any Promotions made available through the Website may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Payments
Payment can be made through various payment methods, such as bank transfers with Visa, MasterCard, American Express cards or online payment methods, such as PayPal, Apple Store In-App Payments, and Google Play In-App Payments. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay in placing Your Order.
Installment Plans: For instalment plans (i.e. a purchase made with a fixed number of installments), in case there is an error collecting any of the installment payments, access to the purchased product(s) will be removed immediately, and Company will attempt to collect the payment for an unlimited period in the future until it collects the installment payment due. In case future installment payments accrue, Company reserves the right to charge all accrued installment payments at any time. In case all accrued installment payments are successfully collected, access to the product(s) purchased will be re-granted.
Cancellation & Refund Policy
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Service availability
- Errors in the description or prices for Services
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected
Any purchase ON Our Website can only be cancelled in accordance with these Terms and Conditions and Our Refund Policy. In the case of this cancellation, if the payment has already been made, the amount will be refunded to the User within the next ten (10) business days in the original mode of payment done by the User while booking.
Intellectual Property
You acknowledge that iAmMotherly own all rights, title and interest in and to the Site, the Content, and all kits and program materials, including, but not limited to, manuals, lessons, activities, stories, posters, games, songs, and other works (“Materials”), all of which are protected by copyright, trademark and other intellectual property or proprietary rights laws. Except for your personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the design or layout of the Site, any Content or any Materials for any purpose without our prior written consent.
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are registered and unregistered Trademarks of iAmMotherly. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks. Unauthorized use of any Trademark may be a violation of trademark laws.
External Websites and Links
This Site may contain links to websites operated by third parties. iAmMotherly provides links to other websites as a convenience to you, and access to any other sites linked to this Site is at your own risk. Such linked websites are not under our control, and we are not responsible or liable for any loss or damage that may arise from your use of them.
Electronic Communications
When you use the Site or send emails to iAmMotherly, you are communicating with iAmMotherly electronically. You consent to receive electronically any communications related to your use of this Site. iAmMotherly may communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of Warranties
You expressly agree that your use of this site is at your sole risk. This site, its content and any products and services obtained through the site (including, but not limited to, the materials) are provided to you on an "as is" "as available" basis, without warranties of any kind, and iAmMotherly hereby disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, accuracy, title, quiet enjoyment, and non-infringement.
Neither iAmMotherly nor any person associated with iAmMotherly makes any representation or warranty with respect to the completeness, security, reliability, quality, accuracy or availability of the site, its content or any products or services obtained through the site.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation of Liability
In no event will iAmMotherly 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 site, any content on the site or any products or services obtained through the site (including, but not limited to, the materials), including any direct, indirect, special, incidental, consequential, exemplary 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. By your use of this site, you acknowledge that this paragraph shall apply to all content, products and services available through this site (including, but not limited to, the materials), except where the exclusion or limitation of liability which cannot be excluded or limited under applicable law. In any event, under no circumstances will iAmMotherly be liable to you for any amount exceeding the amount of fees actually paid by you to iAmMotherly during the month immediately preceding the act allegedly giving rise to our liability.
Indemnification
You agree to defend, indemnify and hold harmless iAmMotherly and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Service or your use of the Site, including, without limitation, any use of the Site’s Content, services and products (including, but not limited to, the Materials) other than as expressly authorized in these Terms of Service or your use of any information obtained from the Site.
Violations
iAmMotherly reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service, including without limitation the right to block access from a particular Internet address to the Site and to refer any illegal or unauthorized use of the Site to law enforcement.
Termination
In addition to any other legal or equitable remedies, iAmMotherly may, without prior notice to you, terminate these Terms of Service and revoke any or all of your rights granted under these Terms of Service. Upon any such termination, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of these Terms of Service shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising prior to the date of termination.
Severability
If any clause within the Terms and Conditions (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from the Terms and Conditions, and the remainder of these Terms and Conditions will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, the dispute will be decided by a court of competent jurisdiction.
Governing Law and Jurisdiction
You agree that any dispute related to these Terms shall be governed by and construed in accordance with the laws of Bangladesh.
Entire Agreement
These Terms of Service and our Privacy Policy, Return Policy, Shipping Policy and all other rules, guidelines, policies, terms, and conditions applicable to your use of the Site constitute the sole and entire agreement between you and iAmMotherly with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written an oral, with respect to the Site.
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