1. Introduction
Welcome to Mindful Career Inc. (“Mindful Career,” “we,” “us,” or “our”). These Terms and Conditions of Use (“Terms”) govern your access to and use of the Mindful Career website and booking platform powered by GoDaddy.com LLC (“GoDaddy”), as well as the career counseling services offered through the Platform.
By booking, clicking to accept, accessing, browsing, purchasing, or using the Platform or Services, you agree to be bound by these Terms, including our Cancellation, Rescheduling, and Refund Policy and GoDaddy’s Universal Terms of Service, which is incorporated by reference.
GoDaddy Universal Terms:
https://www.godaddy.com/legal/agreements/universal-terms-of-service-agreement
If you do not agree to these Terms in full, you are not authorized to access or use the Platform or Services.
2. Eligibility and User Certification
By using the Platform, you represent and warrant that:
You acknowledge that Mindful Career relies on the accuracy of the information you provide in order to offer Services.
3. Scope of Services and Content
The Services, including career coaching, assessments, advice, text, graphics, materials, or other content made available through the Platform, are for informational and educational purposes only.
Mindful Career does not provide psychiatric, psychological, medical, legal, financial, tax, investment, or emergency advice through the Platform.
The Services are not a substitute for mental health counseling, psychotherapy, medical care, legal advice, financial advice, or crisis support.
Mindful Career does not guarantee career advancement, income increases, job placement, financial outcomes, or specific employment results.
4. Acceptable Use
You agree not to:
Mindful Career reserves the right to monitor usage and remove, block, suspend, or terminate access at its sole discretion.
5. Fees and Payments
All fees for Services (“Fees”) are due and payable in advance.
Except as expressly provided in Section 6, Fees are non-refundable once Services have been accessed, scheduled, initiated, reserved, delivered, or otherwise used in whole or in part, except to the extent otherwise required by applicable law.
You authorize Mindful Career to charge your provided payment method for all scheduled sessions, program purchases, payment plan installments, applicable taxes, missed-session charges, recurring payments where applicable, and any other amounts due under these Terms.
Mindful Career may update Fees for future bookings or purchases at its discretion.
Mindful Career allocates a portion of payments to independent Career Coaches engaged to deliver Services. Mindful Career provides the Platform, scheduling, administrative support, and related infrastructure, but does not itself provide direct career coaching services.
Where you purchase a program or package, including under a payment plan, you acknowledge and agree that you are purchasing the full program or package and not individual sessions on a session-by-session basis.
A payment plan is offered solely as a convenience and does not convert the purchase into a month-to-month or per-session arrangement, except to the extent prohibited by applicable law.
You remain responsible for all outstanding amounts under any program or package, regardless of your level of participation, attendance, decision to pause, or decision to discontinue, except to the extent otherwise required by applicable law.
Failure to schedule or complete sessions does not relieve you of your obligation to complete all remaining payments due under your purchase.
6. Automatic Payments and Recurring Billing
If you enroll in a payment plan or any automatically renewing or recurring billing arrangement made available through the Platform, you expressly authorize Mindful Career and its payment processors to charge the payment method you provide for the amounts and at the frequency disclosed to you at the time of purchase.
This authorization continues until all amounts owed are paid in full or the arrangement is canceled in accordance with its disclosed terms and applicable law.
You may cancel future recurring charges before the next scheduled charge by using any cancellation functionality made available through the Platform or by contacting Mindful Career.
Cancellation will not affect charges already processed or any remaining amounts due for a program or commitment you have already purchased.
You agree to maintain current, valid payment information.
7. Cancellation, Rescheduling, and Refund Policy
7.1 Notice Requirement
Cancellations or rescheduling requests must be submitted at least seventy-two (72) hours before the scheduled session.
7.2 Late Cancellation and No-Show Policy
Sessions canceled, missed, or rescheduled with less than seventy-two (72) hours’ notice are deemed used, non-refundable, and non-transferable, except to the extent required by applicable law.
7.3 Refunds
Completed, partially completed, scheduled, initiated, accessed, reserved, or used Services are non-refundable, except to the extent required by applicable law.
This includes, but is not limited to:
Unused prepaid Services that have not been accessed, scheduled, initiated, reserved, delivered, or used in any capacity may be eligible for a refund upon written request made within the applicable validity period.
Any approved refund will be limited to the unused portion only and may be issued net of non-refundable payment processing, transaction, credit card, Stripe, and merchant fees, to the extent permitted by applicable law.
7.4 Service Validity and Expiry
Unless otherwise agreed in writing, all Services must be used within the following timelines:
Any unused portion remaining after the applicable validity period expires will be automatically forfeited without refund, credit, extension, or transfer, except to the extent required by applicable law.
7.5 Services Rendered
For greater certainty, any session attended, missed, or canceled within the applicable cancellation window, and any assessment, report, onboarding activity, profile review, preparation, analysis, or other work initiated or performed on your behalf, shall be deemed Services rendered.
No refund, credit, or reversal will be available for Services rendered, except to the extent required by applicable law.
7.6 Processing and Merchant Fees
You acknowledge and agree that payment processing and merchant fees are charged by third-party providers and are incurred at the time of payment.
These fees are generally non-recoverable by Mindful Career. Any refund otherwise payable under these Terms may be reduced by applicable non-refundable processing, transaction, and third-party merchant fees, to the extent permitted by applicable law.
7.7 Outstanding Payments
If any charge is declined, reversed, returned unpaid, or remains overdue, you remain responsible for the full outstanding amount.
Mindful Career may suspend future bookings or access to Services until all outstanding amounts are paid in full.
Where permitted by applicable law, you also agree to reimburse any reasonable third-party costs actually incurred by Mindful Career to collect overdue amounts, excluding legal fees unless awarded or recoverable by law.
8. Independent Providers
Career Coaches are independent contractors, not employees or agents of Mindful Career.
Mindful Career does not supervise, control, or guarantee the professional judgment, recommendations, methods, acts, omissions, or conduct of Career Coaches.
Mindful Career provides the Platform and related administrative support only and does not itself provide direct career coaching services.
Clients are encouraged to exercise independent judgment and discretion in evaluating Career Coaches and the Services provided.
Mindful Career shall not be liable for:
9. Intellectual Property
The Platform, Services, and all related content are the intellectual property of Mindful Career or its licensors and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not copy, reproduce, distribute, sell, publish, modify, reverse engineer, or create derivative works based on the Platform, Services, or content without Mindful Career’s prior written consent.
Mindful Career grants you a limited, revocable, non-transferable, non-exclusive license to access and use the Platform solely for the purpose of accessing the Services.
10. Disclaimers
The Platform, Services, and content are provided “as is” and “as available,” without warranties of any kind, express or implied, except for any warranties that cannot be disclaimed under applicable law.
To the fullest extent permitted by applicable law, Mindful Career disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Mindful Career does not guarantee uninterrupted or error-free access to the Platform, nor does it guarantee that defects will be corrected.
Your use of the Platform and Services is at your own risk.
11. Limitation of Liability
To the maximum extent permitted by law, Mindful Career and its affiliates, licensors, suppliers, officers, directors, contractors, and service providers shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, revenue, data, business opportunity, or goodwill, arising from or related to your use of the Platform or Services.
Your sole remedy for dissatisfaction with the Platform or Services is to stop using them, except to the extent otherwise required by applicable law.
12. Privacy
Mindful Career respects your privacy. Personal data collected through the Platform is processed in accordance with applicable U.S. federal and state privacy and consumer protection laws, applicable privacy laws, and GoDaddy’s applicable privacy and data processing terms.
Mindful Career does not retain full payment card details. Payment card data is processed through third-party service providers.
Mindful Career stores only the personal information reasonably necessary to provide the Services, maintain business records, support customers, comply with legal and accounting obligations, and operate the business.
In the event of a data breach, Mindful Career will notify affected users as required by applicable law.
13. Termination
Mindful Career reserves the right, without notice and in its sole discretion, to terminate or suspend your access to the Platform or Services for any reason, including violation of these Terms.
Mindful Career may modify, suspend, or discontinue the Platform or Services at any time without liability.
14. Dispute Resolution and Arbitration
Except where prohibited by applicable law and where disputes cannot be resolved amicably, all disputes, controversies, or claims arising out of or relating to the Services or these Terms shall be resolved by binding arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Rules”).
The following provisions shall apply:
To the maximum extent permitted by applicable law, each party agrees that arbitration shall be conducted only on an individual basis and not as a class, collective, mass, consolidated, private attorney general, or representative action.
Each party waives, to the maximum extent permitted by applicable law, any right to a jury trial and any right to participate in a class or representative action.
Arbitration proceedings shall be strictly private and confidential, except where disclosure is required by law, necessary for enforcement, or otherwise permitted under the ICC Rules or applicable law.
If any portion of this Section is found unenforceable as to a particular claim or request for relief, that claim shall proceed only to the extent required by applicable law, and the remainder of this Section shall remain enforceable to the fullest extent permitted by law.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada and the federal laws applicable therein, without regard to conflict of law principles, except to the extent preempted or superseded by applicable law.
16. Changes to Terms
Mindful Career reserves the right to update or modify these Terms at any time.
Updated Terms become effective upon posting on the Platform and, where required by applicable law, by providing additional notice to you.
Your continued use of the Platform or Services after changes are posted constitutes acceptance of the updated Terms.
17. General
Mindful Career’s 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, the remaining provisions will remain in effect.
Nothing in these Terms will exclude or limit any non-waivable rights you may have under applicable law.
Notices required to be given to you by Mindful Career may be delivered by electronic mail to the address provided on the Platform.
These Terms constitute the entire agreement between Mindful Career and you regarding the Services and supersede any prior agreements.
18. Contact Information
If you have questions about these Terms or the Services, please contact:
Mindful Career Inc.
Email: info.support@mindfulcareer.ca
Website: www.mindful-career.com