1. Welcome to MYND

Please read these Terms of Use carefully before you start using the Website.  Mindful Asia Sdn. Bhd., a Malaysian company (“MYND,” “we,” “our,” “us”), operates the website located at the URL www.mynd.asia. These Terms of Use constitute an agreement between MYND and you, the visitor, governing your access and use of the Website. 

2. Acceptance of these Terms of Use

By accessing the website, you represent that you have read, understood and agree to be bound by these Terms of Use, whether or not you are a registered user. If you do not agree to these Terms of Use, or to any changes we may subsequently make to these Terms of Use, you must immediately stop accessing the website and discontinue using the services provided by MYND. These Terms of Use applies to all visitors, users, vendors, customers, merchants and others who access this website.

Your access to and use of the Website is subject to your continued compliance with these Terms of Use and all applicable laws. Your right to access and use the Website will terminate immediately, without any further action by MYND, if you breach these Terms of Use.

3. Modification and Changes to Terms of Use

We reserve the right, in our sole discretion, to modify or update these Terms of Use at any time for any reason, with or without prior notice to you, and any such changes to these Terms of Use will supersede and replace any previous Terms of Use effective immediately upon posting to this page. It is your responsibility to periodically review these Terms of Use as posted here for any changes. Your continued use of the Website after the posting of changes to these Terms of Use will constitute your acceptance of such changes. For the avoidance of doubt, you should discontinue using the Website if you do not agree with any changes to these Terms of Use. 

4. TERMS OF USE

  • License to Use the Website
  • Children’s Online Privacy Protection 
  • Registration / Accounts
  • Intellectual Property Rights Restrictions
  • Restrictions
  • User Generated Material
  • Privacy and Communications
  • Modification or Suspension of the Website and Right to Terminate your use of the Website
  • Linked Destinations and Advertising
  • Notice and Procedure for Claims of Copyright or Intellectual Property Infringement
  • Disclaimers
  • Warranty Disclaimer
  • Medical, Nutrition & Fitness Information
  • Indemnity and Release
  • Limitations on Liability
  • Law and Jurisdiction
  • Binding Arbitration and Class Action Waiver
  • Waiver and Severability
  • Assignment
  • Admissibility
  • Entire Agreement

5. License to Use the Website

We are pleased to grant you a non-exclusive, revocable, limited license to use the Website solely for your personal and non-commercial use. You may only use the Website in the manner in which the Content (as defined below) you access is intended and in compliance with these Terms of Use and with any and all applicable federal, state, local and international laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Content, software, products or services contained with the Website without the express written consent of MYND. You may not use the Website or any of its Content to further any commercial purpose, including any advertising or advertising revenue generation active on your own website or in any other form or medium. All rights not expressly granted to you in these Terms of Use are reserved and retained by MYND and/or its Content providers. The licenses granted by MYND terminate if you do not comply with these Terms of Use and/or any other Website terms and conditions.

By using the Website, you represent that you are not a person barred from using the Website under the laws, rules and regulations of Malaysia, your place of residence or any other applicable jurisdiction. No other rights, assignment, licenses or legal relationship of any nature, including, but not limited to, agency, partnership, joint-venture, employer-employee, franchisor-franchisee or otherwise, either express or implied, are created through your use of the Website unless expressly reserved in these Terms of Use.

6. Children’s Online Privacy Protection Act Notification

You should not access the content or services of the Website if you are under the age of 18. No part of the Website is designed to attract anyone under the age of 13.  Children are not eligible to use any services provided by us and we ask that children under the age of 13 not submit any personal information to us or visit the Website.

7. Registration / Accounts

You may create an account by providing us with your name and e-mail address (an “Account”). Users who have created an Account (“Registered Users”) are able access their accounts through a specific component of the Website and manage their email address and shipping addresses and view their existing or past orders. You do not need to create an account to receive Content or other marketing information via a Subscription or to submit an order to purchase products that may be listed on the Website. Please refer to our Customer Terms and Conditions for more details about ordering products through the Website and our Privacy Policy for more details about submitting your personal information to us.

By creating an account, you agree: (a) that you are able to and have the appropriate authority and authorization to create a binding agreement with MYND; (b) provide true, accurate, current and complete information about yourself when we request it; (c) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Service permit such updates; and (d) use limited-access portions of the Services only using access credentials that we have issued to you. If you have previously had your access to or use of the Website terminated by us, you may not access or use the Website under any circumstances. You should never share your Account information with third parties or allow third parties to use your Account. Please keep your password confidential and be sure to exit from your Account at the end of each session. You are responsible for all of the activity on your Account, including the use of your Account by other people who you may or may not authorize to use your Account. If you allow others to access your Account in violation of these Terms of Use, you agree to be responsible for ensuring that they comply with these Terms of Use. You must notify us immediately of any breach of security or unauthorized use of your Account by sending an e-mail to support@mynd.asia with “Unauthorized Use” in the subject line. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account. MYND will not be liable for any losses caused by any unauthorized use of your account.

By creating an account, you agree: (a) that you are able to and have the appropriate authority and authorization to create a binding agreement with MYND; (b) provide true, accurate, current and complete information about yourself when we request it; (c) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Service permit such updates; and (d) use limited-access portions of the Services only using access credentials that we have issued to you. If you have previously had your access to or use of the Website terminated by us, you may not access or use the Website under any circumstances. You should never share your Account information with third parties or allow third parties to use your Account. Please keep your password confidential and be sure to exit from your Account at the end of each session. You are responsible for all of the activity on your Account, including the use of your Account by other people who you may or may not authorize to use your Account. If you allow others to access your Account in violation of these Terms of Use, you agree to be responsible for ensuring that they comply with these Terms of Use. You must notify us immediately of any breach of security or unauthorized use of your Account by sending an e-mail to support@mynd.asia with “Unauthorized Use” in the subject line. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account. MYND will not be liable for any losses caused by any unauthorized use of your account.

By providing MYND your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Website and special offers. If you do not want to receive such email messages, you may opt-out or change your preferences on the personal settings page associated with your account. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

When you sign up for or use our products and services, you may give us permission to access your information in other services. For example, you may link your Facebook account, which allows us to obtain information from those accounts (like your full name and email). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are.

MYND reserves the right, in its sole discretion, to terminate your access to the Website or any portion thereof at any time, without notice. You may terminate your Account at any time by sending an e-mail to support@mynd.asia with “Cancel Account” in the subject line or you may unsubscribe to a Subscription by clicking the “Unsubscribe” link at the bottom of the email or sending an email to support@mynd.asia with “Unsubscribe” in the subject line. Please allow 48 hours for termination to take effect. Following termination, you will not receive any further communications from us unless and until you re-register by creating a new Account or request a new Subscription. Our rights under these Terms of Use will expressly survive termination of these Terms of Use, the cessation of your use of or access to the Website, termination of your Account and/or cancellation of your Subscription. 

8. Intellectual Property Rights

The MYND website is our propriety property and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Website (collectively, the ‘Content’) and the trademarks, service marks, and logos contained therein (the ‘Marks’) are owned and controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights of Malaysia and international conventions.  The Content and the Marks are provided on the Website ‘As Is’ for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

9. Restrictions

You agree not to use our Website for the following purposes:

  • Copy or print any of the Content, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such Content;
  • Reproduce, download, modify, translate, add to, distribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any part of the Website or the content thereon in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written permission;
  • Remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection measures either directly or through other means;
  • Mirror, frame, screen scrape or deep link to any aspect of the Website or access any Content through technology or means other than those provided or authorized by us;
  • Access the Website via any automated system, including, without limitation, by “robots,” “spiders,” “offline readers,” etc., or take any action that imposes, or may impose (as determined in our sole discretion), an unreasonable or disproportionately large load on our infrastructure;
  • Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, to the Website, or tamper with, impair, damage, attack, exploit or penetrate the MYND system or network, or otherwise attempt to interfere with or compromise the system integrity or security of MYND or any connected networks, or take any action to impact the proper operation of the Website and any person’s or entity’s use or enjoyment thereof;
  • Bypass the measures we may use to prevent or restrict access to or use of the Website, including by hacking into secured or non-public areas of the Website, circumventing any geo-blocking mechanisms or otherwise;
  • Use the Website to collect any personally identifiable information, including Account names and e-mail addresses, or use the Website for any commercial solicitation purposes, without our prior express written permission; or
  • Attempt to reverse engineer any aspect of the Website or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Website, create any derivative works or materials of any kind using the Content, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Website.

10. User Generated Material

With respect to User Generated Material posted by you,  you acknowledge and agree that:

  • You are not a minor
  • The User Generated Content was created by you or you own or control all rights in such User Generated Content, such that you have all the necessary licenses, rights, consents and permissions to publish the User Generated content and to grant the rights herein, including permission from all person(s) appearing in your User Generated Content
  • The User Generated Content does not contain any worms, viruses or other code deemed harmful to MYND or MYND’s users
  • The User Generate Content is not, in MYND’s reasonable discretion, libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful
  • The exercise by MYND of its rights under these User Generated Content Terms of Use will not violate the rights of any third party or any applicable laws, rules and regulations, including , without limitation, consumer protection, privacy, copyright, trademark, trade laws, these Terms of Use or any of our other posted policies

By posting User Generated Material, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non¬exclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content globally in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Generated Material and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Generated Material for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Generated Material, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Generated Material that you post on the Website.

We may refuse, alter, or remove a User Submission without notice for any reason at MYND’s sole discretion, including our belief that a User Submission may violate these Terms of Use or be otherwise objectionable. If and to the extent that we elect to accept User Generated Material, we have the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify and store all User Generated Material posted on the Website, at any time and for any reason, without notice, including to ensure that all such User Generated Material complies with these Terms of Use. We do not endorse any User Generated Material and the User Generated Material posted does not reflect our opinions, views or advice. You are solely responsible for your User Generated Material and the consequences of posting and publishing it and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Generated Material. We take no responsibility and assume no liability for any User Generated Material that you or any other user or third-party posts or sends on or through the Website, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on the Website and your interactions with other users.

Notwithstanding our rules with regard to User Generated Material, you may be exposed to content on the Website that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose or in violation of our Terms of Use. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Generated Material on the Website, whether or not it violates our Terms of Use.

If and to the extent that we elect to accept User Generated Material, please choose carefully the information you post on the Website and that you give to other users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other users with whom you come in contact through the Website, and to the extent that the law permits, you release us from any claims or liability related to any User Generated Material posted on the Website and from any claims related to the conduct of any other users.

11. Privacy and Communications

PRIVACY

Please refer to our Privacy Policy which governs our treatment of your information, including personally identifiable information.

CONSENT TO ELECTRONIC COMMUNICATION

You consent to receive communications from us, whether required by law or otherwise, either by e-mail if you have provided us with your e-mail address, or by notice posted on the Website as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.

MOBILE MESSAGING TERMS

When you provide us with your mobile telephone number, you agree that MYND may send you text messages (including Whatsapp, SMS and MMS) to that mobile telephone number. 

You may opt-out of receiving any future text messages from MYND at any time by sending an email to: support@mynd.asia with title “Remove Mobile Number”.  Please notify us of any changes to your mobile telephone number by support@mynd.asia with title “Update Mobile Number” in the subject line. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

12. Modification or Suspension of the Website and Right to Terminate Your Use of the Website

Any aspect of the Website may be changed, suspended or discontinued at any time and from time to time, in our sole discretion and without notice or liability, including by adding or eliminating certain features or discontinuing the Website entirely. From time to time, we may restrict access to some or all of the Website, including for Registered Users. We also reserve the right to terminate or suspend your Account or restrict your use of or access to the Website, without notice or liability, for any reason or no reason at our sole discretion. Accordingly, for any reason, and without notice, all or any part of the Website may become unavailable to you at any time and for any period.

If we suspend or discontinue any aspect of the Website or terminate your Account, we are not responsible for providing you with any information or content. We may also delete your other preferences and interests to the extent stored within or in connection with your Account. You have no recourse with regard to any information that we delete regardless of any value you may ascribe to such information. We expressly disclaim any value you may attribute to any of your information stored on our servers. 

13. Linked Destinations and Advertising

Access to or from Linked Sites is made available by MYND only as a convenience. Such Linked Sites are not owned, operated or controlled by us and if you visit Linked Sites, you do so entirely at your own risk and subject to the terms of use and privacy policies of such Linked Sites. 

We do not endorse, and MYND expressly disclaims responsibility and liability for, Linked Sites, including with respect to the content, products and services provided by the Linked Sites.  

14. Notice and Procedure for Claims of Copyright or Intellectual Property Infringement

All contents of the Website including but not limited to text, design, graphics, interfaces, copyright by MYND, Inc. All rights reserved.

All trademarks, service marks, and trade names are trademarks or registered trademarks and are proprietary to MYND, or other respective owners that have granted MYND license to use such marks.

If you believe that any content appearing on the Website, including content created and/or displayed by MYND or other material provided through a link, infringes your copyright, you should notify us at support@mynd.asia with “Takedown Request” in the subject line. Please provide a description of the copyrighted work that you claim has been infringed and proof that you are the owner of the copyright material which has been infringed.

15. Disclaimers

You understand that products offered by MYND may contain materials that could be dangerous if handled improperly, and you acknowledge that MYND is not liable for any personal injury or property damage arising from any misuse of any products offered through the Website. You further acknowledge that products may not be suitable for use by children, and you expressly assume sole liability for providing any individual under the age of 18 with access to any products. You hereby agree not to use products for any illegal purpose and you assume all liability for any action you take for any action that is contrary to any law, rule, or regulation of any territory.

16. Warranty Disclaimer

MYND does not warrant or represent that information, products and/or services provided on the Website are reliable, accurate, complete, uninterrupted, error free, secure or free of defects, viruses or bugs. Accordingly, the website is provided “as is” and “as available” with no representation or warranty or condition of any kind and your use of the website is entirely at your own risk. MYND and/or its suppliers expressly disclaim any warranty or condition, express or implied, regarding the website, information, software, products services or related graphics, including but not limited to, any implied warranties or conditions of merchantability, satisfactory purpose, fitness for a particular purpose, non-infringement, title, compatibility, security and accuracy, and all warranties that may arise from a course of dealing, course of performance or usage of trade. 

MYND does not warrant, endorse, guarantee or assume responsibilty for any information, product or service provided, advertised or offered by a third party through the website or any linked site and MYND will not be a party to or in any way monitor any transaction between you and any linked site. MYND reserves the right, in its sole and absolute discretion, to correct any errors or omissions in any part of the website and to make changes to the services, materials, products, programs and features included therein at any time with or without notice. 

17. Medical, Nutrition and Fitness Information

You acknowledge and agree that all medical, nutrition and fitness information provided on the website, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by MYND or by other users or third parties, is provided for informational purposes only and is not intended to be and should not be used in place of (i) the advice of your physician or other medical professionals, (ii) a visit, call or consultation with your physician or other medical professionals, or (iii) information contained on or in any product packaging or label. Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the website. Information and statements regarding dietary supplements have not been evaluated by the food and drug administration and are not intended to diagnose, treat, cure or prevent any disease. Should you have any health-related questions, please call or see your physician or other healthcare provider promptly. 

You should never disregard medical advice or delay in seeking medical advice because of any content presented on or via the website and you should not use the website or any content available through or via the website for diagnosing or treating a health problem. The transmission and receipt of any content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and MYND, its affiliates or any third party.

The website may periodically provide information concerning fitness and athletic activities. You expressly acknowledge and agree that such activities carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by our action, inaction or negligence or by the action, inaction or negligence of others. MYND strongly recommends that you consult with your physician or other healthcare provider before beginning any new fitness program or engaging in any new athletic activities.

18. Indemnity and Release

You agree to defend, indemnify, and hold harmless MYND and its agents, managers, affiliates, licensors, licensees, successors and assigns and each of their respective directors, officers, contractors, employees, agents, service providers and partners (“Indemnified Parties”), from and against any demands, losses, cost or debt, liabilities, claims or expenses (including reasonable attorneys’ fees) made against MYND by any third party due to or arising out of or in connection with (i) your use of and access to the Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Generated Material or any that is submitted via your account; or (vi) any other party’s access and use of the Website with your unique username, password, or other appropriate security code.

Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use, the Privacy Policy and/or any use by you of the Website.

19. Limitations on Liability

MYND is not liable for the acts, errors, omissions, representations, waranties, breaches or negligence of any third party providers or for any personal injuries, death, property damage or other damage or expenses resulting, directly or indirectly, from third party products and/or services.

Except for a breach of these terms of use by you (such as, for example, a commercial use of the website in violation of these terms of use), a violation of intellectual property rights or indemnification obligations or with respect to products or services that we provide to a specific consumer for a fee which shall be governed by its own contractual terms, to the maximum extent permitted by applicable law, in no event shall you or MYND and/or its affiliates, licensors, licensees, successors or assigns be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, or any damages whatsoever, including, without limitation, damages for loss of use, data, goodwill or profits, arising out of or in any way connected with the use or performance of the website, the delay or inability to use the website, the provision of or failure to provide services and/or functionality of the website, or for any content, products or services obtained or purchased through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if MYND and/or any of its affiliates, licensors, licensees, successors or assigns has been advised of the possibility of such damages. If you are dissatisfied with any portion of the website or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website. Except for a breach of these terms of use by you (such as, for example, a commercial use of the website in violation of these terms of use), violation of intellectual property rights or indemnification obligations or with respect to products or services that we provide to a specific consumer for a fee which shall be governed by its own contractual terms, to the maximum extent permitted by applicable law, in no event shall your or our total liability for all damages, losses or causes of action, whether in contract, tort (including negligence) or otherwise exceed the amount paid by you to us, if any, for accessing or participating in any activity related to use of the website or RM 50 (whichever is less).

Under no circumstances will MYND and/or any of its affiliates, licensors, licensees, successors or assigns be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the website, your data or your account or the information contained therein. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, rule, regulation, legal process or governmental request. You waive and hold harmless MYND and its affiliates, licensors, licensees, successors and assigns from any claims resulting from any action relating to your account or taken as a result of any such disclosure. MYND makes no representation that the website is appropriate or available for use at locations outside of Malaysia. 

20. Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia.

Disputes arising from these terms of use and your use of the website shall be resolved by binding arbitration as provided below. By agreeing to binding arbitration, you are hereby waiving the right to bring disputes to a court, including the right to trial by jury. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Any cause of action you may have with respect to your use of the website must be commenced within one year after the claim or cause of action arises.

21. Binding Arbitration and Class Action Waiver

In the event of any disputes regarding these Terms of Use, the Privacy Policy, the Website and/or any products or services purchased from the Website, you and MYND agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by e-mail to support@mynd.asia . We will send any notice of dispute to you at the contact information we have for you. You and MYND will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court. 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at support@mynd.asia  with “Arbitration Request” in the subject line. 

THIS WAIVER APPLIES TO CLASS ARBITRATION. You agree to arbitrate with MYND only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms of Use or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in Kuala Lumpur, Malaysia.

22. Waiver and Severability

No waiver by MYND of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of MYND to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.

23. Assignment

These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you. We may assign our rights under these Terms of Use without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. 

24. Admissibility

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

25. Entire Agreement

These Terms of Use and the other agreements referred to herein constitute the sole and entire agreement between you and MYND with respect to the Website and supersede any understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

If you have any questions or comments about these Terms of Use, please feel free to contact us by e-mail at support@mynd.asia