Terms and Conditions

TERMS OF SERVICE

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using the Mindful Platform, you agree to comply with and be bound by these Terms of Service. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and Mindful (Pvt.) Ltd, governing your access to and use of the Mindful (Pvt.) Ltd website, including any subdomains thereof, and any other websites through which Mindful (Pvt.) Ltd makes the Mindful (Pvt.) Ltd Services available (collectively, “Site”), and all associated services (collectively, ” Mindful Services”). The Site and Mindful Services together are hereinafter collectively referred to as the “Mindful Platform”.

When these Terms mention “Mindful,” “we,” “us,” or “our,” it refers to the Mindful (Pvt.) Ltd Company you are contracting with.

Our collection and use of personal information in connection with your access to and use of the Mindful Platform is described in our Privacy Policy.

  1. SCOPE OF MINDFUL TRAVELS PRODUCTS AND SERVICES

1.1 Mindful Travels is an online community platform and marketplace where Users (referred to as “Mindful Travellers”) can (I) Book services, experiences , programs and events by certain third parties and individuals who offer such services (Third parties who offer such services and listings are referred to as “Hosts”) (II) Find individuals interested in the same experiences to travel together and share expenses (Mindful Travellers that opt to travel together are referred to as “Travel Buddies”) (III) Share content on reviews, experiences, stories and other insights (Content submitted by Mindful Travellers are referred to as “Community content”) (IV) Buy or rent travel gear accessories and cultural merchandise offered by Hosts. (V) access content submitted by Hosts and Mindful (Pvt.) Ltd (Content submitted by Hosts are referred to as “Host content” and content submitted by Mindful (Pvt.) Ltd is referred to as “Our Content”). Hosts are able to connect with social media influencers that are endorsed by Mindful (Pvt.) Ltd to promote their listings and services (social media influencers endorsed by Mindful Travels are referred to as “Mindful Assistants’ and the content they produce is referred to as “Assistant content”)

1.1.1 We may also, in the future, offer new services and/or features through the Mindful Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

1.1.2 Certain content, products and services available through the Mindful Platform may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

1.1.3 Due to the nature of the Internet we cannot guarantee that the Mindful Platform will be up and running at all times continuously without any interruptions. We may restrict certain parts and features of the Mindful Platform whenever necessary in maintenance measures and security checks to ensure the proper functioning of the Mindful Platform

1.2 BOOKING AND LISTING PRODUCTS AND SERVICES

1.2.1 Hosts are solely responsible for their listings and services. When a Mindful Travellers makes a booking, they enter into a contraction relationship directly with each other. Mindful (Pvt.) Ltd does not in any way become involved in a contractual relationship between the two parties

1.2.2 If you chose to become a Host your relationship with Mindful Travels is not in any way a partnership or joint venture. We are not employees, employers or agents for your listing or service. You act on your own behalf for your own benefit.

1.3 TRAVEL BUDDIES

1.3.1 Mindful Travels is not in any way a party or participant in a contractual relationship between Travel Buddies

1.3.2 User verification on the internet is very difficult and we do not assume any responsibility for the confirmation of any Mindful Travellers identity. When you opt to become a travel buddy with a fellow Mindful Traveller you do so at your own risk.

1.3.3 Mindful Travels is not responsible for what Travel Buddies do and how they spend their time or money together.

1.4 PROMOTIONS

1.4.1 We promote the listed products, services and content through multiple channels, resources, and websites in both online and offline advertisements.

1.4.2 If you are a host you may opt in to get your listed product or service promoted through Mindful Assistants. When you opt for this service you enter into a contractual agreement between each other. Once we connect you as a host with a Mindful Assistant we are no longer in a contractual relationship with the parties in any way. To gain access to Mindful Assistants you must agree to provide a free service in return for content on promotion on the Mindful Assistants platform.

1.4.3 If you are a Mindful Assistant you can opt to promote a listing in return for a free service. Once we connect you with a Host we are no longer in any contractual relationship between the two parties. To opt for a free service you must agree to create content and promote it on your platform.

  1. CONTENT

2.1 There are 4 main types of content on the Mindful Platform. (I) Community content – submitted by Mindful Travelers (II) Host content – submitted by Mindful Hosts (III) Assistant content – submitted by Mindful Assistants (IV) our content – submitted by Mindful (Pvt.) Ltd. (Collectively addressed as Mindful Content)

2.2 Mindful Content is protected by copyright, trademark, and/or other laws. You must agree that all Mindful Content is associated intellectual property and are the exclusive property of Mindful (Pvt.) Ltd and all other parties involved in the creation of such content. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Mindful Platform and Mindful Content. All the trademarks, service marks, logos, and trade names from Mindful (Pvt.) Ltd are registered trademarks of Mindful (Pvt.) Ltd. All the trademarks, service marks, logos, and trade names from our associated third parties are used in connection with the Mindful Platform only for identification purposes and are trademarked by their respective sources and owners.

2.3 Unless you are the legal owner of the content or have specific permission you will not copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Mindful Content or Mindful Platform. We are not in any way permitting you to use the Mindful content as expressed above unless specified in these Terms.

2.4 If you do create, upload, post, share, send, store and make available any Mindful Content throughout the Mindful Platform you are granting Mindful (Pvt.) Ltd a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to use Mindful Content to promote the Mindful Platform in any channel, medium or other platform, unless you specify otherwise. Mindful (Pvt.) Ltd does not in any way claim ownership of such content and in no place in these terms allow us to claim ownership of such content.

2.5 If you are a Host and opt to use a Mindful Assistants to create content for your listing you are solely responsible for ensuring that this content represents your listing accurately. You must agree that if in any case, your listing is no longer on the Platform, Mindful Travels will still be able to use Influencer content as a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to promote the Mindful Platform in any channel, medium or another platform. In return, you are granted access to such Assistant content to use outside of the Mindful Platform.

2.6 If you are a Mindful Assistant and in any case are no longer a part of the Mindful Assistant team you must agree to allow your content to be used as a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to promote the Mindful Platform and Host in any channel, medium or other platform.

2.7 You will not publish, post, upload or transfer any content that is (I) Fraudulent, false and misleading or deceptive (II) Pornographic, offensive or vulgar (III) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group (III) promotes violence or harm or any illegal activity or substance. Mindful (Pvt.) Ltd, without any notice, will remove content that violates these terms.

2.8 All community content including reviews, stories, insights, and experiences are not verified by Mindful (Pvt.) Ltd. They are content submitted by Fellow Mindful Travellers. All content, especially ratings and reviews must be fair, truthful and factual and cannot contain any violence, foul language or offensive subjects. Users are prohibited from manipulating the ratings, reviews and any other Mindful content as well as instruct third parties to publish negative content on another user.

2.9 Mindful (Pvt.) Ltd in its sole discretion reserves the right to delete any content published (without prior notice) that is not in line with these terms to help the protection of all users.

  1. PAYMENT TERMS

3.1 All payment is accepted through our online gateway made available through our payment entity.

3.2 MINDFUL TRAVELERS

3.2.1 For a booking to be confirmed the payment needs to be made in full before the listing is provided.

3.2.2 An additional service fee may be added on occasion. It will be displayed before a booking or purchase is made with a full description. We reserve the right to change the service fee at any time and will provide Users with adequate notice before any changes are enforced.

3.2.3 Donations made to Non-profits are transferred through to the organization through our payment entity and bank without any service fee.

3.2.4 If you are renting an item of high value you must pay a deposit that will be returned to you after the renting period only if you have not caused any damage to the item. If you have damaged the item then your deposit is transferred to the Host that listed the item.

3.3 HOSTS

3.3.1 Hosts will be paid in full once the service has been delivered unless specified otherwise.

3.3.2 A service fee of 10% will be charged for every booking.

3.3.3 Mindful Hosts must clearly specify their payment cancellation and refund policies including any other policies for their listing.

3.3.4 If you are renting an item that is of high value and requires a deposit, it is arranged on your listing page and the deposit must be made before your item is rented. Mindful Travels will hold this deposit and return it back to the Mindful Traveller once the renting period is over. If there is any damage the deposit is transferred to you to repair damages.

3.4 MINDFUL ASSISTANTS

3.4.1 Mindful Assistants are provided with a free service in return for content creation and promotion on their platform. Free service is only what is included in the listing so a Mindful Assistant must cover all costs outside the listing unless specified otherwise.

3.5 ROUNDING OFF, CURRENCY CONVERSION

3.5.1 All listings are published in dollars.

3.5.2 Mindful (Pvt.) Ltd may, in its sole discretion, round up or down to amounts that need to be paid to the nearest whole unit. (i.e. to the nearest dollar) for example, Mindful (Pvt.) Ltd will round up an amount of $40.50 to $41.00 and round down an amount of $40.49 to $40.00.

  1. SPECIFIC TERMS

4.1 HOSTS

4.1.1 When you create a listing on the Mindful Platform for a Service you have to provide clear and accurate information about your listing. You must cover all deficiencies, restrictions, and requirements such as age, fitness levels required for the listing or anything else that a Mindful Traveller should know before booking. You must provide any other information that is requested by Mindful (Pvt.) Ltd and you are completely responsible for updating this information. You are responsible for setting a price and must include everything you provide for in this price. You cannot ask for a higher price once a Mindful Traveller has made a booking. You must provide any terms and conditions, such as cancellation and refund policies with the description of your listing.

4.1.2 When you create a listing for a Product you have to provide clear and accurate information about your listing. You must provide all the dimensions of the listed item along with anything else a Mindful Traveller should know before listing. You must provide any other information that is requested by Mindful (Pvt.) Ltd and you are completely responsible for updating this information. You are responsible for setting a price and must include everything you provide for at this price (including applicable taxes, stated clearly). You must provide any terms and conditions, such as cancellation and refund policies with the description of your listing along with shipping costs and times. If you are renting an item you must clearly state all your terms and conditions along with any other information and guidance that a Mindful Traveller should know. If a down payment is required for renting of a particular item it must be stated clearly and a Mindful Traveller must make this payment.

4.1.3 When you accept a booking or purchases you enter into a legally binding contract with the Mindful Traveller and must provide everything as described on your listing in a timely manner. You agree to pay a service fee of 10% for every booking or purchase through the Mindful Platform.

4.1.4 All listing must meet the quality and standard of the Mindful Platform. Once a listing is submitted it will go through our strict procedure of verification. You will be notified this verification process once you have submitted a listing for approval. You must agree to provide a free service or product or invite a Mindful employee to test out the listing for approval and verification purposes. Only once your listing has been verified will it be available on the Mindful Platform.

4.1.5 All the content (Pictures and Videos) must accurately reflect the quality and condition of your listing. We reserve the right to insist a certain number of images or videos, quality, and size.

4.1.6 Please obtain appropriate insurance to cover any hazard if it may occur to or by Mindful Travellers.

4.1.7 You represent a warrant that you understand all the laws and rules and regulations that apply to your listing. You must acquire any license, permit or registration required for the sale and delivery of your product or service

4.1.8 You must represent your listing and cannot allow any third party to provide the listing unless clearly specified in the listing description.

4.1.9 If you opt for promotions using a Mindful Assistant you enter into a legally binding agreement with the Mindful Assistant. Mindful (Pvt.) Ltd is not in any way involved in a contractual agreement between Mindful Assistants and Hosts. We simply provide you a connection to the Assistant. You must agree to all the terms and conditions including any other specifications from the profile of the Mindful Assistant. The Mindful Assistant, in turn, has to agree to all your terms and conditions or any other specifications of the promotion including timelines for the promotion.

4.1.10 Mindful (Pvt.) Ltd in its sole discretion, whenever necessary, can opt to cancel a listing and make appropriate refunds to protect the Platform and other users from harm or illegitimate users as set out in these terms.

4.2 MINDFUL TRAVELERS

4.2.1 You can book, rent or purchase any listing on the Mindful Platform as long as you meet any requirements or verification process that is set by the Host. Once your booking is confirmed you enter into a legally binding agreement between yourself and the Host. The agreement is specific to the listing’s terms and conditions such as refund and cancellation policies as well as listing requirements, laws and restrictions, all of which will be outlined clearly on the listing page and booking confirmation emails. You must inform the Mindful Host of any information and circumstances that may affect the safety and suitability of your participation in the listing, such as Medical and Physical conditions or Vegetarian and Halal diets.

4.2.2 Each listing has its specific booking, renting or purchasing process and must be followed. All fees that apply to you will be clearly outlined, such as the fee for the listing, service fee and additional taxes before your booking. You must agree to pay all these fees before your bookings are confirmed. You are required to pay for your booking once a Host confirms the availability or as soon as you request a booking.

4.2.3 You must adhere to the Mindful Hosts instructions at all time.

4.2.4 If you are booking on behalf of another user you are responsible to notify them all the terms, conditions, requirements and restrictions of that particular listing. If you are booking on behalf of a Minor you must represent a warrant that you are legally authorized to act on behalf of the minor. Minors can only participate in listings that are permissible for the age and must be accompanied by an adult responsible for the Minor.

4.2.5 You cannot bring another Mindful Traveller to a listing unless you have added the individual in the booking process.

4.2.6 When purchasing a product you must be aware of your countries process customs and duties as each country charges based on a certain price threshold. If your order passes this threshold you will have to pay this extra fee, which is not included in the price, due to the many variations worldwide.

4.2.7 Shipping times and conditions of each item listing are notified on the listing page.

4.3 MINDFUL ASSISTANT

4.3.1 If you choose to use the Mindful Platform as a Mindful Assistant you must apply for and go through our registration and verification process. You must provide clear and accurate information about your profile, following, metrics, content creation, and platforms including any other terms and conditions of your service. You must cover all deficiencies, restrictions, and requirements for promotion on your platform or anything else that a Host should know before he chooses you for a promotion. You must provide any other information that is requested by Hosts and you are completely responsible for updating this information. You must inform the Host of any information and circumstances that may affect the safety and suitability of your participation in the listing, such as Medical and Physical conditions or Vegetarian and Halal diets.

4.3.2 Once you accept a Host listing for promotion you enter into a legally binding agreement with the Hosts. Mindful (Pvt.) Ltd is not in any way involved in a contractual agreement between Mindful Assistants and Mindful Hosts. We simply provide you a connection to the Host.

4.3.3 If you as a Mindful Assistant fail to provide the required promotion within the deadline your account will be suspended from the Mindful Platform.

4.3.4 All content produced for promotions must meet the quality and standard as agreed in the verification process. When content is not up to standard your account will be terminated with details outlining why the necessary action was taken by Mindful (Pvt.) Ltd and the Hosts that the promotion was done for.

4.3.5 You must adhere to the Hosts instructions at all time.

4.3.6 Hosts and Mindful Assistants must agree to content policies outlined in the content section of this agreement.

  1. BOOKING MODIFICATIONS, CANCELLATIONS, AND REFUNDS

5.1 BOOKINGS

5.1.1 Hosts and Mindful Travellers are responsible for any modifications of the booking. Mindful Travellers must agree to pay any additional fees that have been specified in the listing’s terms and conditions for modification.

5.1.2 You can cancel a booking and get a refund depending on the specific listings cancellation and refund policies. These will be outlined clearly before you make a booking.

5.1.3 If the listing is cancelled due to external conditions or unforeseen circumstances that are not solely due to the Mindful Traveler or Host, your booking can be postponed at no additional cost or you can opt to get a full refund for the cancellation of the booking.

5.1.4 If a Host cancels a booking the Mindful Assistant will receive a full refund of the booking. The Host will be charged a cancellation fee if not given a valid reason for the cancellation.

5.1.5 If a Mindful Travellers cancellation or modification of a booking is due to a travel issue then Mindful (Pvt.) Ltd can in its sole discretion opt to refund the guest partially or fully in accordance with the Host.

5.1.6 Mindful (Pvt.) Ltd in its sole discretion, whenever necessary, can opt to cancel a booking and make appropriate refunds to protect the Platform and other users from harm or illegitimate users as set out in these terms.

5.1.7 Mindful Travellers can use the Mindful (Pvt.) Ltd customer service arm to help resolve any issues, refunds, damage claims, or any concern with bookings and listings.

5.2 ITEMS

5.2.1 Cancellation is possible only before the product has been packaged. Message us within 6 hours after the purchase and we will cancel your order. As soon as the cancellation is done, we will refund the entire amount paid for the order. Your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. Cancellation policies are specific to each listing and Host and will be outlined clearly when purchased.

5.2.2 If you request a cancellation after the product has been packed, we will not be able to cancel your order.

5.2.3 Our Return policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately, we can’t offer you a refund or exchange.

5.2.4 To be eligible for a refund or exchange, you must send us a picture or video, within the stated time period, proving that your item is faulty for reasons due to the Hosts or our error.

5.2.5 You do not have to worry about sending your items back. If you have proved that it is faulty, due to our or Hosts error, we will send you a brand new item or refund your payment right away.

5.2.6 Once you send us proof that your item is faulty, and you have chosen to get a refund, (instead of getting a brand new item) we will notify you of the approval or rejection right away. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. If your item was charged for shipping cost, the shipping cost will be refunded as well.

5.2.7 We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email with a picture or video, proving that the item is faulty due to our error, and we will send you a brand new item once approved. Certain listing and Hosts have their own exchange policies and will be outlines once purchased.

  1. ELIGIBILITY AND ACCOUNT REGISTRATION

6.1 You have to be at least 12 years and able to enter into legally binding contracts to access the Mindful Platform and register an Account. When you use the Mindful Platform you warrant that you are 12 or older and have the legal capacity and authority to enter into a contract.

6.2 To create an account you must submit your email address and assign a password. You can disable your account at any time. You are responsible for maintaining the confidentiality and security of your account credentials and cannot disclose it to any other party. You must notify us if you have any reason to believe that your account has any unauthorized use. You are liable for any and all activities conducted through your account unless such activities are not authorized by you and you have not failed to inform us its unauthorized use.

6.3 You must register an account to access certain parts of the Mindful Platform. If you are registering an account on behalf of a company or organization you represent a warrant that you have the authority to bind that entity with Mindful (Pvt.) Ltd and grant us all permissions and licenses provided in these terms. You have to provide accurate, current and complete information during the registration process.

6.4 There are certain features, aspects, and sections of the Mindful Platform that are only available to registered users that meet certain requirements, conditions, and standards. There are strict verification processes and criteria to meet before accessing these features, aspects, and sections of the Mindful Platform, all of which is outlined during the registration process.

6.5 There may be instances where Mindful Travels may requests (to see but have no obligation to ask) users to provide certain credentials or form of government identification or other information for safety and protection of all users of the Mindful Platform. We may also request certain reports, licenses, information and other legal formalities from Hosts to ensure they are legally allowed to list their product or service.

6.6 Certain sections, features, and aspects of the Mindful Platform are subject to separate policies, standards, and guidelines or require acceptance of specific terms and conditions. If the terms specific to these areas are not in line with the Eligibility terms, the specific terms take precedence.

  1. MODIFICATION OF THE TERMS

7.1 Mindful (Pvt.) Ltd reserves the rights to make modifications to these terms. The date of the last modification will be highlighted on the top of the page. Whenever we modify these terms we will notify you within 30 days prior to when the modification will become effective. If you wish to terminate this agreement before the modifications are effective you may do so immediately by notifying us and deleting your account and registration. If you do not terminate the agreement before the 30 day period your continued access to the Mindful Platform will be in respect of the modified terms.

  1. TERMINATION OF THIS AGREEMENT

8.1 If you use the Mindful Platform as a Mindful Traveller you may terminate this agreement by simply disabling your account

8.2 If you use the Mindful Platform as a Host you must send a prior notice at least 30 days before termination of the agreement. All Bookings that have been made that apply after the 30 day period from which you have given notice will be cancelled and refunded in full. Your content is subject to the content terms outlined in this agreement.

8.3 If you use the Mindful Platform as a Mindful Assistant you must send a prior notice at least 30 days before termination of the agreement. You are still legally bound to Mindful Affiliates to whom you still have not delivered content from a promotion. The termination of this agreement will only take place once you have completed all ongoing promotions by delivering promised content within the deadline. Mindful Affiliates are allowed to take legal action if the content is not delivered. All scheduled promotions for Hosts after the 30 day period from which you have given notice will be cancelled. Your content is subject to the content terms outlined in this agreement.

 

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