Privacy Policy

Updated February 22, 2020

Organizational Soul Limited (“Organizational Soul Limited”, “we”, “us”, and “our”) is committed to respecting and protecting your privacy. We prepared this Privacy Policy to describe how we collect, use, and share the Personal Information (as defined below) we collect from users of our websites, located at https://theconsciousorganization.co and all related domains thereof (including but not limited to www.yvettebethel.com; www.thegamespeopleplayatwork.com; www.orgsoul.com and our widgets (collectively, the “Site”) and online services (“Services”) 

  1. Questions; Contacting Organizational Soul Limited about our Privacy Policy. If you have any questions or concerns about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at the following address: info@orgsoul.com.
  2. For the purpose of applicable data protection legislation, the data controller of your Personal Information is Organizational Soul Limited. Our data protection officer is Alice Lingerfelt, info@orgsoul.com Subject: Privacy Matter.  We are committed to resolving any complaints about our collection or use of your Personal Information.  If you would like to express a concern regarding this Privacy Policy or our practices in relation to your Personal Information, please contact us at: 1811 NW 51st St, PMB 2689, Fort Lauderdale FL 33309 or through https://www.theconsciousorganization.co/expression-of-interest/. We will reply to your concern as soon as we can and in any event, within 60 days.  We hope to resolve any concern brought to our attention; however, if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.
  1. A Note About Children. This Policy applies to users of the Site and Services who are age 16 or older, as indicated in our Terms of Use https://theconsciousorganization.co/termsofuse . We do not intentionally gather Personal Information from visitors who are under the age 16. If a child submits Personal Information to us without specific parental consent and we learn that the Personal Information is the information of a child, we will attempt to delete the information as soon as possible.  If you believe that we might have any Personal Information from a child under 16, please contact us at https://www.theconsciousorganization.co/expression-of-interest/.
  1. A Note to Users Outside of the United States re Data Transfers. Your data, including Personal Information that we collect from you, may be transferred to, stored at and processed by us and our affiliates and other third parties outside the country in which you reside, including, but not limited to the United States, where data protection and privacy regulations and laws may not offer the same level of protection as in other parts of the world.  We will take all steps reasonably necessary to ensure that your data, including Personal Information, is treated securely and in accordance with this policy.
  1. Types of Data We Collect. We collect information about you in a range of forms, including Personal Information.  “Personal Information”(or “Personal Data” as defined in the EU General Data Protection Regulation “GDPR”) is data that allows someone to identify or contact you, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that does not relate to an identified or identifiable natural person or to Personal Information rendered anonymous in such a manner that the data subject is not or is no longer identifiable. Anonymous Data does not, by itself, permit the identification of individuals. We collect Personal Information and Anonymous Data, as described below.
  1. Why do we need your Personal Information? We will only process your Personal Information in accordance with applicable data protection and privacy laws. We need certain Personal Information in order to provide you with access to the Site and Services. If you created a profile/registered with us, you will have been asked to indicate your agreement to provide this data in order to access our Services, purchase our products, or view our content. This consent provides us with the legal basis we require under applicable law to process your data. You maintain the right to withdraw such consent at any time. If you do not agree to our use of your Personal Information in line with this policy, please do not use our Site or Services.

 

         (a)        Information You Provide Us.

    • We, or our affiliates collect your first and last name, e-mail address, and password when you create an account to log in to our network (“Account”). You are also required to tell us where you are based. You may also supply additional contact information, such as your mailing address, and your job title and organization name.
    • We collect information, including Personal Information, from any behavioral assessments and Services we provide.
    • If you use our Services on your mobile device, including through our Applications, we may collect your phone number and the unique device id number.
    • Our mobile homepage lets you store preferences like your location, safe search settings, and favorite widgets. We may associate these choices with your ID or the mobile device, and you can edit these preferences at any time on our mobile homepage.
    • When connecting to our Services via a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services and/or functionality.
    • Certain Services may require our collection of your phone number. We may associate that phone number to your mobile device identification information.
    • When you order Products or Services on our online store, we will collect all information necessary to complete the transaction, including your name, credit card information, billing information and shipping information.
    • We retain information on your behalf, such as files and messages that you store using your Account.
    • If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply. This information may be shared with third parties who help process and fulfill your purchases. When you submit credit card numbers, we encrypt that information using industry standard technology.
    • When you post content (text, images, photographs, messages, comments or any other kind of content that is not your e-mail address) on our Site, the information contained in your posting will be stored in our servers and other users will be able to see it, along with your profile photo and any other information that you choose to make public on your public profile page (“Profile”). The information that you provide in your Profile will be visible to others, including anonymous visitors to the Site.
    • When you post messages on the message boards of our Site, the information contained in your posting will be stored on our servers and other users will be able to see it.
    • When you participate in one of our surveys, we may collect additional profile information.
    • We also collect other types of Personal Information that you provide to us voluntarily, such as your operating system and version, product registration number, and other requested information if you contact us via e-mail regarding support for the Services.
    • If you participate in a sweepstakes, contest or giveaway on our Site, we may ask you for your e-mail address and/or home number (to notify you if you win or not). We may also ask for first and last names, and sometimes physical addresses to verify your identity. In some situations we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary. We recommend that you read the rules for each sweepstakes and contest that you enter.

(b)       Information You Provide to Social Networking Sites (“SNSs”). The Licensed program Network allows Licensees to access Facebook to interact with other network members and to share on Facebook through Wall and friends’ News Feeds.  By logging into Facebook,  you are allowing their Services to access your information and you are agreeing to the Facebook or other SNS’s Terms of Use in your use of the Services. Conversely, if you are not currently registered as a user of the Services, and you click on “Sign in” using Facebook or another SNS that we support, you will first be asked to enter your Facebook or SNS credentials and then be given the option to register for the Services. In this case, we may receive information from Facebook or another SNS. You will be able to automatically post recent activity back to Facebook or the other SNS. Any information that we collect from your Facebook or other SNS account may depend on the privacy settings you have with that SNS, so please consult the SNS’s privacy and data practices. You have the option to disable Facebook Connect at any time by logging into your Account through the Site and going to settings, “About Me,” “Linked Accounts,” and then unselecting “Facebook.” Further, you can edit privacy settings for the reviews that appear on Facebook or disconnect your Services activity stream by visiting the Facebook Applications Settings page.

(c)        Information Collected via Technology.

    • Information Collected by Our Servers. To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
    • Log Files.As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Site, track users’ movements around the Site, gather demographic information about our user base as a whole, and better tailor our Licensed Programs to our users’ needs. For example, some of the information may be collected so that when you visit the Site or the Services again, it will recognize you. Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Information.
    • Pixel TagIn addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies,that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user. We do not tie the information gathered by Pixel Tags to our users’ Personal Information.
    • Do Not Track. We do not currently respond to “do not track” signals from web browsers.
    • Mobile Services. We may also collect non-personal information from your mobile device if you have downloaded our Applications. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the Applications, and information about the type of device you use.   In addition, in the event our Applications crash on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Applications. This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual.
    • “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. Our Site and Services may use any or all of the following types of cookies for the purposes set out below:

 

 

Type of cookies Purpose
Essential Cookies These cookies are essential to provide you with services available through our Site and Services and to enable you to use some of its features.   Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.
Functionality Cookies These cookies allow our Site and Services to remember choices you make when you use our Site or Services, such as remembering your login details and remembering the changes you make to other parts of our Site and Services. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Site or use our Services.
Analytics and Performance Cookies These cookies are used to collect information about traffic to our Site and Service and how users use our Site and Services.  The information gathered does not identify any individual visitor.  The information is aggregated and anonymous. It includes the number of visitors to our Site, the websites that referred them to our Site, the pages they visited on our Site, what time of day they visited our Site or used our Services, whether they have visited our Site or used our Services before, and other similar information. We use this information to help operate our Site and Services more efficiently, to gather broad demographic information and to monitor the level of activity on our Site.

We use Google Analytics and other third party analytics services for this purpose. Google Analytics uses its own cookies.  It is only used to improve how our Site and Services work.  You can find out more information about Google Analytics cookies here:  https://developers.google.com/analytics/resources/concepts/gaConceptsCookies.  You can find out more about how Google protects your data here: www.google.com/analytics/learn/privacy.html.

You can prevent the use of Google Analytics relating to your use of our Site and Services by downloading and installing the browser plugin available via this link: http://tools.google.com/dlpage/gaoptout?hl=en-GB.

Targeted and advertising cookies We may from time to time use cookies that track your browsing habits to enable us to show advertising which is more likely to be of interest to you.  These cookies use information about your browsing history to group you with other users who have similar interests.  Based on that information, and with our permission, third party advertisers can place cookies to enable them to show advertisements which we think will be relevant to your interests while you are on third party websites.

You can disable cookies which remember your browsing habits and target advertising at you by visiting http://www.youronlinechoices.com/uk/your-ad-choices,http://www.aboutads.info/choices or http://www.networkadvertising.org.  If you choose to remove targeted or advertising cookies, you will still see advertisements but they may not be relevant to you.  Even if you do choose to remove cookies by the companies listed at the above link, not all companies that serve online behavioral cookies are included in this list, and so you may still receive some cookies and tailored advertisements from companies that are not listed.

Social Media Cookies These cookies are used when you share information using a social media sharing button or “like” button on our Site or you link your account or engage with our content on or through a social networking website such as Facebook, Twitter, or Google+.  The social network will record that you have done this.
 

 

(d)     Information Collected from Third Party Companies. We may receive Personal Information and/or Anonymous Data about you from companies that provide our Services by way of a co-branded or affiliate website that offer their products and/or services on our Site. These third-party companies may supply us with Personal Information. For example, we use Eventbrite for our events. Eventbrite shares the Personal Information they collect with us and we add that Personal Information to our database.

 

  1. Use of Your Personal Information
  • In general, Personal Information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We also use your Personal Information to:
  • facilitate the creation of and secure your Account on our network;
  • identify you as a user in our system;
  • provide improved administration of our Site and Services;
  • provide the Services you request;
  • improve the quality of experience when you interact with our Site and Services;
  • send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;
  • send you administrative e-mail notifications, such as security or support and maintenance advisories;
  • respond to your inquiries related to employment opportunities or other requests; and
  • send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of Organizational Soul Limited.

 

(b)   User Testimonials and Feedback. We receive, and occasionally publish, testimonials and comments from users who have had positive experiences with our Services. When we publish this content, we may identify our users by first and last name, job title, company, country, or other information provided for the testimonial. We obtain user consent prior to posting his or her name along with the testimonial. We may post user feedback on our Sites from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback. If you make any comments on a blog or forum associated with our Sites, you should be aware that any Personal Information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to submit in these blogs and forums.

(c)    Creation of Anonymous Data. We may create Anonymous Data records from Personal Information by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to gain better insight into how our Services are working and to conduct research about global trends to advance the understanding of emotions, emotional intelligence, and positive change. We also use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.

  1. Disclosure of Your Personal Information. We disclose your Personal Information as described below and as described elsewhere in this Privacy Policy.
  • We will share your Personal Information with other Users solely for the purpose of providing the Services. For instance, licensees must have certain information, such as name, email address, and assessment information, to provide the Services to you.
  • Third-Party Service Providers. We may share your Personal Information with third-party service providers to: provide you with the Services that we offer you through our Site; for example, for third party assessment tools; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to the Company. These third-party service providers are required not to use your Personal Information other than to provide the services requested by Company.
  • Affiliates. We may share some or all of your Personal Information with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.
  • Corporate Restructuring. We may share some or all of your Personal Information in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.
  • Social Networking Sites. Some of our Applications and Services may enable you to post content to SNSs (e.g., Facebook or Twitter). If you choose to do this, we will provide information to such SNSs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs. We will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs.

 

(f)              Disclosure to Third Party Companies. We may enter into agreements with companies that provide our Services by way of affiliates, co-branded or private-labeled website or companies that offer their products and/or services on our website (“Third Party Companies”). A Third Party Company may want access to Personal Information that we collect from its customers. As a result, we may disclose your Personal Information to a Third Party Company; however, we will not disclose your Personal Information to any Third Party Company for the Third Party Company’s own direct marketing purposes, unless you have “opted-in” by following the instructions we provide to allow such disclosure. If you have opted-in to receive e-mail communications from a Third Party Company and later wish to discontinue receipt of these e-mails, please contact the Third Party Company directly to update your preferences. The privacy policies of these Third Party Companies may apply to the use and disclosure of your Personal Information that we collect and disclose to such Third Party Companies. Because we do not control the privacy practices of Third Party Companies, you should read and understand their privacy policies.

 

(g)             Other Disclosures. Regardless of any choices you make regarding your Personal Information (as described below), we may disclose Personal Information if we believe in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Organizational Soul Limited; (c) to protect or defend the rights or property of Organizational Soul Limited or users of the Site or Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use

 

  1. Third Party Websites.Our Site may contain links to third party websites. When you click on a link to any other website or location, you will leave our Site and go to another site, and another entity may collect Personal Information or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. As such, terms of this Privacy Policy do not apply to these outside websites or content. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.
  2. Your Rights and Choices.You have several choices regarding the use of information on our Service:
  3. Opt-out. You may contact us anytime to opt-out of: direct marketing communications, including newsletters and emails; or the transfer of your Personal Information outside your country. Please note that your use of some of the Site or Services may be ineffective upon opt-out.
  4. Your data is portable – i.e. you to have the flexibility to move your data to other service providers as you wish.
  5. Erase and forget. In certain situations, for example when the data we hold about you is no longer relevant or is incorrect, you can request that we erase your data.
  6. Applications; De-Linking SNS.You can stop all collection of information by the Applications by uninstalling them, either through the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You may also de-link the SNS account in the “preferences” section in your account settings if you wish to de-link your Account from the SNS account. You may also manage the sharing of certain Personal Information with us when you connect with us through an SNS, such as through Facebook Connect. Please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Services and your social media account or mobile device.

If you wish to exercise any of these rights, please contact us using the contact information above. In your request, please make clear: (i) what Personal Information is concerned; and (ii) which of the above rights you would like to enforce.  For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you used to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and in any event, within one month of your request. Please note that we may need to retain certain information for record-keeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.

 

  1. Online Security
  • For online payments, you may elect to use the following payment services on our sites; for more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to the links for each payment processor:
    • PayPal https://www.paypal.com/us/webapps/mpp/ua/privacy-full
  • Organizational Soul Limited is committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use, or disclosure. We also require you to enter a password to access your Account information. Please do not disclose your Account password to unauthorized people. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while Organizational Soul Limited uses reasonable efforts to protect your Personal Information, Organizational Soul Limited cannot guarantee its absolute security.

 

  1. Retention. We will only retain your Personal Information as long reasonably required for you to use the Site/Application(s) and/or to provide you with the Services and/or until you close your account/cancel your subscription, unless a longer retention period is required or permitted by law (for example for regulatory purposes).

 

  1. Changes. This Privacy Policy may be updated from time to time for any reason. We will post any modifications or changes to our Privacy Policy at https://www.theconsciousorganization.co/policies/privacy/ and we will change the “Last Updated” date above. You should consult the Privacy Policy webpage regularly for any changes.

 

________________________________

Terms of Use

For Website and Licensed & Certified Programs

Last Updated: February 22, 2020

The following is a legal agreement between you (“you” or “Certified Individuals” and “Licensees”) and us (“we”, “us”, or “Organizational Soul Limited”) in connection with the websites https://theconsciousorganization.co and https://orgsoul.com  (the “Websites”) and all other related websites, software, mobile apps, coaching and training materials, courses, and Licensed Programs we provide (together, the “Service”). Your use of the Service, and our provision of the Licensed Programs to you, constitutes an agreement between you and Organizational Soul Limited to be bound by the terms and conditions in these Terms of Service (“Terms”).

“Content” shall refer collectively to all intellectual property including: courses, assessments, training and coaching material available under the licenses granted by Organizational Soul Limited.

“Properties” shall refer to websites and social media pages owned and administered by Organizational Soul Limited.

We reserve the right, at our sole discretion, to change or modify portions of these User Terms at any time. If we do this, we will post the changes on this web page and indicate at the top of this page the date these Terms of Use were last revised. Any such changes will become effective immediately. Your continued use of the Licensed Programs after the date any such changes become effective constitutes your acceptance of the new Terms.

1.      LICENSE REQUIREMENTS

You may use the products and services associated with our license only if you have a current license to offer programs offered by Organizational Soul Limited, and only in compliance with these Terms and all applicable laws, rules, and regulations.

 

For each of our licensed programs, you are required to be first certified then licensed with us to access and use our licensed resources. If you choose to become certified and licensed for any, or all our programs, you agree to provide and maintain true, accurate, and current information.

Registration data and certain other information about you are governed by our Privacy Policy at  https://www.theconsciousorganization.co/policies/privacy/

 

2.      INDEMNIFICATION FOR BREACH OF TERMS

You agree to indemnify and hold harmless Organizational Soul Limited from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the User Terms. You also agree to indemnify and hold harmless Organizational Soul Limited from and against any and all claims brought by third parties arising from your use of any and all materials, products and courses associated with the Pillar of Trust and Becoming a Conscious Organization Programs.

 

  1. TERMS OF USE

Organizational Soul Limited. (“OrgSoul”, “we”, “us and “our”) offers you access to its interactive online website. These Terms of Use, together with our Privacy Policy and any additional Licensee terms which might apply to certain programs, products or services, govern your use of our Website, programs and your use of any other Licensed Programs we provide. Our websites include https://www.theconsciousorganization.co, www.yvettebethel.com; www.orgsoul.com; www.gamespeopleplayatwork.com and all other websites or web pages on which we place these Terms of Use (collectively, “Website”).

Consistent with Section 16 below, we may, from time-to-time modify, alter or update the Terms of Use.  Any revised version of the Terms of Use will be posted on our Website and noted with an “effective date” – meaning that the revised Terms of Use govern your future use of our Website and Licensed Programs.  If you do not agree to the revised version, you must immediately stop using our Website and Licensed Programs.  You agree that revised Terms of Use will apply to your continued use of our Website or Service if, after we post the revised Terms of Use, you continue use of our Website or our Service.

 

  1. INTELLECTUAL PROPERTY

Our website, courses, licensed programs and related content (and any derivative works or enhancements of the same) including, but not limited to, all text, file downloads, content, materials, products, services, URLs and all intellectual property rights to the same are owned by Organizational Soul Limited.  Additionally, all trademarks, service marks, trade names and trade dress that may appear on our website (https://theconsciousorganization.co) licensed programs are owned by us, our licensors, or both. Except for the limited use rights granted in these Terms of Use, you shall not acquire any right, title or interest in our Website and certified and licensed programs. Any rights not expressly granted in these Terms of Use are expressly reserved.

Ownership of the service marks:

The following marks and logos appear on the www.theconsciousorganization.co; www.yvettebethel,com; www.orgsoul.com and www.gamespeoplplayatwork.com websites and are owned by Organizational Soul Limited. They may only be used on the documents associated with the Pillar of Trust Program and other licensed programs offered by Organizational Soul Limited. Any other use is prohibited.

The following mark/logo is owned by Six Seconds and is being used on the www.consciousorganization.co; www.yvettebethel.com; www.orgsoul.com; and www.gamespeopleplayatwork,com websites and social media with permission.

 

  1. ACCESS

To access or use some content or features of our website and licensed programs, you may choose to provide us certain information, we may require you to provide certain information, or require that you establish an account with us or our affiliates through registration.  Your access to certain content or features may be limited if you are not 18 years of age or older, or the legal age in your jurisdiction to form a legally binding agreement, or for other reasons.

Whenever you submit information to Organizational Soul Limited, you agree to provide true, accurate and complete information and agree to, if the option is available, promptly update the information if there have been changes to the information you provided.

We may require that you establish an account with use to access certain parts of our website or use certain materials.  When registering an account, you may need to select a username (“ID”) and password. YOU ARE RESPONSIBLE FOR KEEPING YOUR ID AND PASSWORD, AND OTHER ACCOUNT INFORMATION, CONFIDENTIAL AND ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT, WHETHER OR NOT YOU AUTHORIZED SUCH ACTIVITIES.  You agree to notify us immediately of any breach of security or unauthorized use of your account or ID and password by contacting us at info@orgsoul.com.

 

  1. ACCEPTABLE USE

Our Website, Third Party software and other Services (including, without limitation, Organizational Soul Limited’s Content and User Content) are provided for your information and personal, non-commercial use only.  When using our Website, the learning management system or other materials and Licensed Programs, you agree to comply with these Terms of Use, and all applicable laws.

Except as expressly permitted by these Terms of Use, you may not:

  • use our Website licensed programs, third party systems/software, courses, or materials. in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information, or to impersonate other users;
  • modify our copyright/trademark or other proprietary rights notices, or interfere with the security-related features of our website or programs (e.g., those that prevent or restrict copying content owned by Organizational Soul Limited);
  • take any action to interfere with, damage, disrupt any part of our Website, licensed programs, courses, content, or materials;
  • use our website, third party systems, other associated third party websites, to send, knowingly receive, upload/post, download, any material which does not comply with our content standards;
  • use our website, third party systems or other associated third party websites to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material;
  • use our website, the third party system or licensed programs to transmit any data, or upload to our website, the third party system or licensed program any data, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • decompile, reverse engineer or disassemble any portion of our website, the third party system or licensed program;
  • engage in any conduct that restricts or inhibits any other user from using or enjoying our Website or licensed programs.

You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

 

7.      USE OF THE SOFTWARE

In connection with your use of the License or Certification you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. The technology and software underlying the License is the property of Organizational Soul Limited and or its affiliates and partners and you are granted no license in respect of that Software. You agree not to copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in such technology or software. Any rights not expressly granted herein are reserved by Organizational Soul Limited.

Large scale or systematic copying of Content, including using any of the methods referred to above, is prohibited except as expressly authorized by Organizational Soul Limited. This applies to all Content, including Content made available as part of the public domain. Our licensed programs and related materials  are protected by copyright as a collective work and/or compilation, pursuant to copyright laws, international conventions, and other intellectual property laws.

The Service is not available to any Users previously removed by Organizational Soul Limited.

 

  1. MATERIAL DUPLICATION

You may copy parts of the course to support your learning process. You are prohibited from representing any materials provided in our licensed packages as your own. However, you may use them for developmental interactions with your clients.

 

  1. PHOTOGRAPHS

Photographs used on this website are downloaded from www.pexels.com and www.unsplash.com or are photographs purchased by Organizational Soul Limited.

According to the terms at Pexels.com (As at February 2020) the photographs are:

  • Are free to use.
  • Do not require attribution.
  • Can be modified.

According to the terms at Unsplash.com (As at February 2020):

All photos published on Unsplash can be used for free. You can use them for commercial and noncommercial purposes. You do not need to ask permission from or provide credit to the photographer or Unsplash, although it is appreciated when possible.

More precisely, Unsplash grants you an irrevocable, nonexclusive, worldwide copyright license to download, copy, modify, distribute, perform, and use photos from Unsplash for free, including for commercial purposes, without permission from or attributing the photographer or Unsplash. This license does not include the right to compile photos from Unsplash to replicate a similar or competing service.

Licensees, users and visitors to the websites (www.theconsciousorganization.co; www.yvettebethel.com; www.orgsoul.com; www.gamespeopleplayatwork.com ) are not given permission to download photos from the following websites as we do not provide this service.

 

  1. USER CONTENT

We may now or in the future permit you to post, upload, transmit through or otherwise provide through our website, the third party system, social media platform or licensed program (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information (e.g., your name, e-mail address, etc.) and other content (collectively “User Content”).  For example, when you join our FaceBook Group (The Conscious Organization), any comment you post to the social media website is considered your User Content.

Standards. You agree not to submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from your User Content. Furthermore, you represent and warrant that your User Content:

  • will not contain any material which tortious (e.g., defames or invades the privacy of any person, etc.), obscene, offensive, hateful or inflammatory;
  • will not promote sexually explicit material or violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • does not breach any legal duty you owe to a third party, such as a contractual duty or a duty of confidence
  • will not be threatening, harassing, abusive or invade another’s privacy;
  • will not be provided with an intent to impersonate any person, to misrepresent your identity or affiliation with any person, or to falsely give the impression that your User Content comes from someone else; or
  • will not advocate, promote or assist any unlawful act (e.g., criminal acts, copyright infringement, computer misuse, etc.).

Organizational Soul Limited has the right to monitor, edit or remove any User Content for violation of the letter or spirit of these terms of use, or for any other lawful reason.  However, we have no obligation to look for, edit or remove any User Content for any reason including, without limitation, violation of these terms of use.

Grant of Rights & Use.

We do not claim ownership to your User Content.  By submitting User Content, you automatically grant, or warrant that you expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable right and license to use, reproduce, distribute, create derivative works based upon (e.g., translations, etc.), public display/perform, transmit and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate in connection with our business and operations.

By submitting User Content for publication on our website, you grant us the right, to publically use your biographical or other information about you including, without limitation, all or some of your name, alias, nickname and geographical location (e.g., “Jill M. – Clifton, N.J.”), in connection with the use or publication of your User Content consistent with the license granted in the previous paragraph.

 

  1. RELIANCE ON THE CONTENT AND USER CONTENT OF ORGANIZATIONAL SOUL LIMITED

Information available through our Website, third party websites, programs, products and services is for learning and transformation purposes. While we make efforts to ensure information provided by us is accurate, we do not verify User Content or all Organizational Soul Limited Content. For this and other reasons, such information may have errors, inaccuracies and omissions.

If there is a dispute between you and anyone accessing our Website, courses, licensed programs, products or services, or you and any third party in connection with our Website or Licensed Program, you understand and agree that we are under no obligation to become involved.  In such instances, you hereby release Organizational Soul Limited  and its officers, directors, employees, partners, successors, agents, affiliates, subsidiaries and their related companies from claims, demands and damages of every kind or nature arising out of, relating to or in any way connected with such dispute.

12.   USER CONDUCT.

As a condition of use, you agree not to use Organizational Soul Limited’s Intellectual Properties for any purpose that is prohibited by the Terms of Use or by applicable laws. You shall not (and shall not permit any third party) either (a) take any action or (b) Make Available any Content on or through Organizational Soul Limited that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail;
  • involves commercial activities and/or sales without Organizational Soul Limited’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • impersonates any person or entity, including any employee or representative of Organizational Soul Limited;
  • interferes with or attempts to interfere with the proper functioning of Organizational Soul Limited’s Intellectual Properties or uses Organizational Soul Limited’s Intellectual Properties in any way not expressly permitted by the Terms of Use; or
  • attempts to engage in or engages in, any potentially harmful acts that are directed against Organizational Soul Limited’s websites or social media pages, including but not limited to violating or attempting to violate any security features of Organizational Soul Limited websites or social media pages, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in Organizational Soul Limited websites or social media pages, introducing viruses, worms, or similar harmful code into Organizational Soul Limited websites or social media pages, or interfering or attempting to interfere with use of Organizational Soul Limited websites or social media pages by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Organizational Soul Limited’s websites or social media pages.

If you use any assessments provided by Organizational Soul Limited, then this Section applies to you, and you hereby represent and warrant that you will comply with the requirements of these Terms of Use, above. You hereby represent and warrant that you comply with all of the applicable regulations in your country (for European Union residents, including the EU General Data Protection Regulation), regarding administration of behavioral assessments to minors and privacy of information. If you are using any Organizational Soul Limited assessments with minors under the age of 13 years old in the United States, you represent and warrant that have you have obtained and have on file, the written consent of the child’s parent (or legal guardian as applicable) to whom you are administering the assessment as set forth by the Children’s Online Privacy Protection Act (“COPPA”) and you have read and complied with COPPA as it relates to obtaining proper written consent of the child’s parent. (More about COPPA and schools.)

You also represent and warrant that you have read and are complying with all of the applicable regulations in your country regarding administration of behavioral assessments and regulations regarding privacy of information as they relate to minors, (for European Union residents, including the EU General Data Protection Regulation). If you are a psychologist or counselor in the United States, you represent and warrant that you have read and will comply with the code of ethics of the American Psychological Association (APA) regarding assessments. All information collected from or relating to any child age 13 or under shall be handled in accordance with Organizational Soul Limited’s PRIVACY POLICY.

 

13.   INVESTIGATIONS

Organizational Soul Limited may, but is not obligated to, monitor or review Organizational Soul Limited Properties and Content at any time. Without limiting the foregoing, Organizational Soul Limited shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms of Use or any applicable law. Although Organizational Soul Limited does not generally monitor user activity occurring in connection with Organizational Soul Limited Properties or Content, if Organizational Soul Limited becomes aware of any possible violations by you of any provision of the Terms of Use, Organizational Soul Limited reserves the right to investigate such violations, and Organizational Soul Limited may, at its sole discretion, immediately terminate your license to use Organizational Soul Limited Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.

 

14.   INTERACTIONS WITH OTHER USERS/LICENSEES

User Responsibility. You are solely responsible for your interactions with other Users/Licensees and any other parties with whom you interact on Organizational Soul Limited’s websites, social media platforms and affiliate websites. Organizational Soul Limited reserves the right, but has no obligation, to intercede in such disputes. You agree that Organizational Soul Limited will not be responsible for any liability incurred as the result of such interactions.

Content Provided by Other Users. Organizational Soul Limited’ websites, social media pages and affiliate websites may contain User Content provided by other Users. Organizational Soul Limited is not responsible for and does not control User Content. Organizational Soul Limited has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.

 

15.   THIRD-PARTY SERVICES.

Third-Party Websites, Applications & Ads. Organizational Soul Limited websites and materials may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left an Organizational Soul Limited website and are subject to the terms of use and conditions (including privacy policies) of another website or destination.

Such Third-Party Websites and Third-Party Applications are not under the control of Organizational Soul Limited. Organizational Soul Limited is not responsible for any Third-Party Websites or Third-Party Applications. Organizational Soul Limited provides these Third-Party Websites, and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, or Third-Party Applications, or their products or services. You use all links in Third-Party Websites and Third-Party Applications at your own risk and we accept no responsibility for them or for any loss or damage that may arise from your use of them. When you leave our Website, our Terms of Use and policies no longer govern your interactions. You should review applicable terms of use and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

 

  1. LIMITS ON OUR LIABILITY

UNDER NO CIRCUMSTANCES SHALL ORGANIZATIONAL SOUL LIMITED OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR SITE, PROGRAMS OR THESE TERMS OF USE. ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE LICENSED PROGRAMS OR THEIR CONTENT ARE YOUR RESPONSIBILITY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SITE OR SERVICE INCLUDING, WITHOUT LIMITATION, ORGSOUL CONTENT IS TO STOP USING OUR SITE AND SERVICE.

REGARDLESS OF ANY INFORMATION YOU HAVE RECEIVED TO THE CONTRARY, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR THAT OF OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED $100.  FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH OUR SITE, LICENSED PROGRAMS, COURSES, PRODUCTS, SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. CAUSES OF ACTION BROUGHT OUTSIDE THIS TIME PERIOD ARE WAIVED.

In some jurisdictions limitations of liability are not permitted and, therefore, some of the above limits may not apply in all instances.

 

  1. DISCLAIMER OF WARRANTIES

TO THE FULL EXTENT PERMITTED BY LAW, CERTIFICATIONS, LICENSED PROGRAMS, PRODUCTS, COURSES, AND SERVICES OF ORGANIZATIONAL SOUL LIMITED AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS LICENSED PROGRAMS ARE PROVIDED BY ORGANIZATIONAL SOUL LIMITED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARE NOT WARRANTED TO BE, AMONG OTHER THINGS, FREE OF COMPUTER VIRUSUS. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE AND LICENSED PROGRAMS IS AT YOUR OWN RISK. ORGSOUL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON ITS SITE OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS LICENSED PROGRAMS.

OUR LICENSED PROGRAMS AND THEIR CONTENT ARE PROVIDED “AS IS”. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY CONTENT, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ORGANIZATIONAL SOUL LIMITED DOES NOT REPRESENT OR WARRANT THAT THE LICENSED PROGRAMS OR THEIR CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Certain laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.

 

  1. INDEMNIFICATION

You agree to indemnify and hold harmless Organizational Soul Limited and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, third party providers, subsidiaries and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or related to:  (i) your access to or use of our Website or Licensed Programs; (ii) your User Content; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty or covenant that you have made to us; or (v) your acts or omissions.  You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

 

  1. MANDATORY ARBITRATION

The parties understand that they have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.

We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810.

We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction

Exception to Arbitrate. Either of us may bring qualifying claims in small claims court. Further, pursuant to Section 13 below, we each agree that any arbitration will be solely between you and ORGSOUL, not as part of a classwide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction in Section 13 is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the classwide dispute must be brought in court.

 

20.   FEES AND PURCHASE TERMS

General Purpose of Terms: Sale of Programs, not Software. The purpose of the Terms of Use is for you to secure access to the licensed Programs. All fees set forth within and paid by you under the Terms of Use shall be considered solely in furtherance of this purpose. In no way are these fees paid considered payment for the sale, license, or use of Organizational Soul Limited’s or their affiliates’ software, and, furthermore, any use of Organizational Soul Limited’ software by you in furtherance of the Terms of Use  will be considered merely in support of the purpose of the Terms of Use.

Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You may provide Organizational Soul Limited with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) PayPal account (“Payment Provider”) when purchasing. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not the Terms of Use to determine your rights and liabilities.

By providing Organizational Soul Limited with your credit card number or PayPal account and associated payment information, you agree that Organizational Soul Limited is authorized to immediately invoice your Account for all fees and charges due and payable to Organizational Soul Limited hereunder and that no additional notice or consent is required. You agree to immediately notify Organizational Soul Limited of any change in your billing address or the credit card or PayPal account used for payment hereunder. Organizational Soul Limited reserves the right at any time to change its prices and billing methods, either immediately upon posting on Organizational Soul Limited’ websites or by e-mail delivery to you.

Program License Fees. You will be responsible for payment of the applicable fee for any Licensed Programs at the time you create your Account for your annual license. Except as set forth in the Terms of Use, all fees for the Licensed Program are non-refundable. No contract will exist between you and Organizational Soul Limited for the Licensed Programs until Organizational Soul Limited accepts your order by a confirmatory e-mail or other means of communication. By purchasing an annual license for which Organizational Soul Limited charges annual fees for the term, you authorize Organizational Soul Limited to charge your Payment Provider now, and again at the beginning of each month during  payment plan term.

Taxes. Organizational Soul Limited’ fees are net of any applicable Sales Tax.  If any payments for any Licensed Programs, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Organizational Soul Limited, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Organizational Soul Limited for any liability or expense we may incur in connection with such Sales Taxes.  Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Organizational Soul Limited is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

Withholding Taxes. You agree to make all payments of fees to Organizational Soul Limited free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Organizational Soul Limited will be your sole responsibility, and you will provide Organizational Soul Limited with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.

Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: 1811 NW 51st St, PMB 2689, Fort Lauderdale FL 33309.

Cancellation Period. If you are a resident of the United Kingdom then this Section applies to you. You have a legal right to cancel your subscription until 14 days after the day on which the subscription was entered into. This means that during that period if you change your mind or decide for any other reason that you do not want to continue receiving the Services, you can notify us of your decision to cancel your subscription and receive a refund. Advice about your legal right to cancel your license terms as described in the previous sentence is available from your local Citizens’ Advice Bureau or Trading Standards office. To cancel a subscription, you just need to let us know that you have decided to cancel. The easiest way to do this is to email us, or complete the cancellation form below. If you use the form or e-mail us we will e-mail you to confirm we have received your cancellation. If you cancel your subscription we will refund you the price paid for the subscription.

 

  1. NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

 

  1. NO TRIAL BY JURY

To the extent allowed by law, we each waive any right to trial by jury in any lawsuit, arbitration or other proceeding.

 

  1. COPYRIGHT INFRINGEMENT

In appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may infringe the copyright of others.

Consistent with the Digital Millennium Copyright Act (“DMCA”), Organizational Soul Limited will respond to a notice of alleged copyright infringement regarding any information available on our Website or through our Service. Please note that this procedure is exclusively for notifying us that copyrighted material has allegedly been infringed and matters other than informing Organizational Soul Limited that copyrighted material may have been infringed will not receive a response through this process.

Pursuant to the DMCA, your infringement notification must include the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including a link or screenshot of the webpage containing the infringing material, if applicable;
  • Your address, telephone number and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send your notice of copyright infringement to Organizational Soul Limited’s designated Copyright Agent as follows:

 

24.   TERM AND TERMINATION

We may, in our sole discretion, temporarily or permanently change, limit, suspend or terminate your access to our website, the third party software or Licensed programs without prior notice. We may do so based on changes to our business practices, if you violate the letter and spirit of these Terms of Use, or for any other lawful reason. You agree that we are not liable to you or any third party for any such action.

Term. The Terms of Use commence on the date when you accept them and remain in full force and effect while you use Organizational Soul Limited’s Intellectual Properties and websites (including affiliate websites), unless terminated earlier in accordance with the Terms of Use.

Prior Use. Notwithstanding the foregoing, if you used Organizational Soul Limited Properties prior to the date you accepted the Terms of Use, you hereby acknowledge and agree that the Terms of Use commenced on the date you first used Organizational Soul Limited Properties (whichever is earlier) and will remain in full force and effect while you use Organizational Soul Limited Properties, unless earlier terminated in accordance with the Terms of Use.

Termination of Licensed Programs by Organizational Soul Limited. Your licensee agreement will articulate your termination clause details including the terms under which Organizational Soul Limited will refund your Annual License Fee, if already paid for the applicable Licensed Program. Except as set forth above, the Licensed Program Fee for any Licensed Program shall be non-refundable. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms of Use, or if Organizational Soul Limited is required to do so by law (e.g., where the provision of the Website, the Application, or the Licensed programs are is, or becomes, unlawful), Organizational Soul Limited has the right to, immediately and without notice, suspend or terminate any Licensed programs provided to you. You agree that all terminations for cause shall be made in Organizational Soul Limited’s sole discretion and that Organizational Soul Limited shall not be liable to you or any third party for any termination of your Account.

Termination of Licensed Program by You. If you want to terminate the Licensed Program(s) provided by Organizational Soul Limited, you may do so by (a) notifying Organizational Soul Limited at any time and (b) closing your Account for all of the Licensed Programs that you use. Your notice should be sent, by an officer authorized to sign on behalf of the company, in writing, to Organizational Soul Limited’s email address set forth below:

info@orgsoul.com

Effect of Termination. Termination of any Licensed Program includes removal of access to such Licensed program and barring of further use of the Licensed Program(s). Termination of all Licensed Programs also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Licensed Program, your right to use such Licensed Program will automatically terminate. You understand that any termination of Licensed Programs may involve deletion of Your Content associated therewith from our live databases. Organizational Soul Limited will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms of Use which by their nature should survive, shall survive termination of Licensed Programs, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

No Subsequent Registration. If your registration(s) with or ability to access Organizational Soul Limited Websites, or any other Organizational Soul Limited community is discontinued by Organizational Soul Limited due to your violation of any portion of the Terms of Use, then you agree you shall not attempt to re-register with or access Organizational Soul Limited’s website or any Organizational Soul Limited communities through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Organizational Soul Limited Programs to which your access has been terminated.

Any limitation, suspension or termination we impose shall not alter your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive any such action on our part shall survive including, but not limited to, the rights and licenses that you have granted to us in your User Content and provisions relating to indemnities, releases, disclaimers, limitations on liability, mandatory arbitration, no class action and any other miscellaneous provisions.

 

25.   INTERNATIONAL USERS

Organizational Soul Limited’ websites and social media pages can be accessed from countries around the world and may contain references to Licensed Programs and Content that are not available in your country. These references do not imply that Organizational Soul Limited intends to announce such Licensed Programs or Content in your country. Organizational Soul Limited websites are controlled and offered by Organizational Soul Limited. Organizational Soul Limited makes no representations that Organizational Soul Limited’s websites are appropriate or available for use in other locations. Those who access or use Organizational Soul Limited websites from other countries do so at their own volition and are responsible for compliance with local law.

 

  1. ADDITIONAL TERMS OF USE

In certain instances it may be necessary to update or modify our Terms of Use to reflect changes to our business, practices or policies.  We also may, in some instances, need to provide you with operating rules or additional terms that govern your use of parts of our Website or any Licensed Programs (“Additional Terms of Use”). Accordingly, you agree that we may at any time provide you with Additional Terms of Use, or update or modify these Terms of Use, as appropriate or necessary.  To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms of Use will control.

Modifications to these Terms of Use or any Additional Terms will be effective upon: (a) notice, either by posting on our Website or by email notification; and (b) your subsequent use of our Website or Licensed Programs.  It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms of Use.  Your access and continued use of our Website or Licensed Programs following any modification of these Terms of Use or the provision of Additional Terms of Use will signify your assent to and acceptance of the same.  If you object to any revision to the Terms of Use or to any Additional Terms of Use, immediately discontinue use of our Website and Licensed Programs and, if applicable, terminate your account.

No waiver by either of us of any breach or default under these Terms of Use shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in these Terms of Use are for convenience only and shall not be given any legal import.

If any part of these Terms of Use is unlawful or unenforceable for any reason, both parties to these terms agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected.  So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in force.

You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Where we have provided you with a translation of the English language version of these Terms of Use, our Privacy Policy or Additional Terms of Use, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions.

 

  1. THE ENTIRE AGREEMENT

These Terms of Use (including the Privacy Policy and any Additional Terms of Use incorporated by reference) constitute the entire agreement, and supersede all previous written or oral agreements, between you and Organizational Soul Limited in connection with the Website and Licensed Programs, and supersede all previous written or oral agreements between you and Organizational Soul Limited.

 

  1. GOVERNING LAW AND FORUM

These Terms of Use shall be construed in accordance with the laws of the Maryland without regard to its conflict of laws rules.  Any controversy or claim arising out of or relating to this Agreement or relating to use of this website and the material contained in this website shall be resolved in a federal or state court in Maryland. Each of us agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or it will be forever barred.

 

  1. QUESTIONS: CONTACTING ORGANIZATIONAL SOUL LIMITED.

If you have any questions or concerns about our Terms of Service, or if you want to report any security violations to us, please contact us at the following address:  info@orgsoul.com.