Terms & conditions

General

Thank you for visiting our Site www.friendlyeyes.com (the “Site”). Please read these Terms and Conditions (hereafter: “T&C”) carefully before you start to use the Site.

By accessing this Site, you accept and agree to be bound and abide by these T&C, our Privacy Policy, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with the foregoing or any part of the T&C, you must not use or access this Site. Your access and use of our Site, including any content, functionality, or products or services offered on the Site (collectively, the “Services”), is subject to these T&C.

If you are under 16 years old, you must obtain the consent of your parents, legal representatives or legal guardians; they are legally bound to these T&C.

Friendly Eyes reserves the right to update or modify these T&C at any time in our sole discretion without prior notice. All changes are effective immediately when we post them. The use of this Site and the use of our Services following any such change constitutes your agreement and acceptance to such changes and to the revised T&C. For this reason, we encourage you to review these T&C whenever you use this Site so that you are aware of any changes.

The Site is owned by the Friendly Eyes Stichting (“Friendly Eyes”, “us” or “we”), whose registered office is located at IJsbaanpad 43, 1076 CV, Amsterdam, the Netherlands.

The term ‘you’ refers to the user or viewer of this Site and is considered to be any party that makes use of this Site or enters into an agreement with Friendly Eyes or requests an offer from Friendly Eyes.

If you have any questions about the use of the Site or the T&C, you can contact us via [email protected]

 

Access to the Site

Friendly Eyes reserves the right to withdraw or amend the Site and any of its contents and Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, without giving any reason.

Access to the Services is granted on an individual user basis. To use our Services, you need to go to the relevant section, submit a username and email address to us, and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your device(s) if you are asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, and to terminate your access at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these T&C.

 

Offers and agreements

All prices on this Site are offered without engagement and are valid for the period of time as indicated by Friendly Eyes. We reserve the right to change prices. An agreement will be reached after our acceptance of your order.

We reserve the right to refuse a registration for no reason/without cause. We will inform you within a reasonable period of time if a registration is not accepted by us.

 

Grant of license

Friendly Eyes grants you a non-exclusive, non-transferable, limited licence to access and use the Site and Services for personal, non-commercial purposes only. You may not:

  • download any of the material on our Site, with the exception of material we explicitly invite you to download;
  • reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, rent, lease, store, or transmit any of the material on our Site;
  • use the materials on the Site for any commercial or educational training purpose without our prior permission in writing;
  • attempt to decompile, reverse engineer, modify or use modified versions of, any software contained on the Site;
  • remove any copyright or other proprietary notations from any materials on our Site;
  • transfer the materials on our Site to another person or ‘mirror’ the materials on any other server.

If you breach the T&C, this license shall automatically terminate and you must immediately cease to use the Site and its content and you must also destroy (or at our option, return) any copies of the materials you have made. Any use of the Site not expressly permitted by these T&C is a breach of these T&C and may violate copyright, trademark, and other laws.

 

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these T&C. You agree not to use the Site:

  • In any way that violates any applicable national or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Friendly Eyes or users of the Site or expose them to liability.
  • To use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site.
  • To use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • To use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

 

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending an email to us at [email protected] Upon any termination, discontinuation or cancellation of Services or your account, all provisions of these T&C which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

 

Intellectual property rights

Friendly Eyes has the sole and exclusive intellectual property of the content and technology of the Site and Services (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) created and owned by Friendly Eyes, including all copyrights, trademarks and other intellectual property rights in accordance with trademark, patent, trade secret, and other intellectual property or proprietary rights laws, including without limitation EC Directive 96/9 on protection of databases as incorporated in the Dutch Copyright Act 1912.

We have done our best to find all copy rights holders with regard to (photo) material on this Site. We kindly ask anyone who believes that his / her material has been used here without prior permission to contact us via [email protected]

 

Trademarks

The name “Friendly Eyes Stichting”, “Friendly Eyes Foundation”, the terms “Friend Eyes” and “Friendly Eyes Mindset”, “Mindset”, the Friendly Eyes logo and the Mindset logo and all related names, logos, product and service names, designs, and slogans are trademarks of Friendly Eyes or The Mindset or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

 

Disclaimer of Warranties and Liability

Content of the Site and Services

The information contained on or through the Site is made available solely for general information purposes only, and does not constitute professional or expert advice, whether medical, psychological or otherwise, on any particular matter. You agree and acknowledge that any information contained on the Site cannot be construed or substituted as psychological counselling or any other type of therapy or medical advice. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Friendly Eyes will not be liable for any direct, indirect or consequential damages arising from the use of such information provided by the Site and Services, or from any decision based thereon. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

The content on the Site has been carefully compiled by Friendly Eyes. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. Friendly Eyes reserves the right to make additions, deletions, or modification to the contents on the Site at any time without prior notice. No representation is made or warranty given (either express or implied) as to the completeness or accuracy of the information on the Site. Friendly Eyes is not liable for the any use of or reliance on information on the Site or any decision or consequence based the contents of the Site.

This Site includes content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Friendly Eyes, are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Access to the Site and Services

Friendly Eyes does not warrant that the Site is free of viruses or other harmful components. It is your duty to ensure that your computer or other device that you use for our Service is adequately protected against viruses, unauthorized access and other security breaches. Friendly Eyes is not responsible for any damage to your computer or other device or any other connected computer from any such security breach, virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deleting, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction whether in relation to our services.

It is our goal to offer you the best possible service. We do not, however, warrant that our Services will be uninterrupted and error-free and cannot guarantee our Services will function and meet your requirements. Friendly Eyes is not liable for periods of non-accessibility of its Services and Friendly Eyes shall not be liable for any damage caused by a malfunction or the Site ceasing to be operative. If access to (a part of) the online content is not possible as a result of a system breakdown or malfunctioning of our online hardware and/or software infrastructure, we will make all reasonable efforts to solve this problem as soon as possible.

Your access to the Site and Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Friendly Eyes will restore Site and Services as soon as reasonably practicable.

The Site and Services are provided to you on an “as is” basis without warranty or condition of any kind and your use of thereof shall be at your sole risk.

 

Disclaimers

To the fullest extent permitted by law, in no event shall Friendly Eyes, its employees, agents, officers, directors, affiliates, licensors, or service providers be liable for any special, punitive direct, indirect, consequential, or incidental damages or any damages whatsoever, including but not limited to damages for personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, whether in an action of contract, negligence or other tort, arising out of or in connection with the access, use or misuse of the Site and Services or the contents of the Site and Services. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

 

Medical Disclaimer

Any advice or other materials on our Site are for general information purposes. They are not intended to be relied upon and are not a substitute for professional medical or psychological advice based on your individual condition and circumstances. Our Service is not intended for medical or therapeutic objectives. Friendly Eyes is not a medical health care provider and does not engage in providing medical care or medical advice. While there is third party evidence from among others academic research that mindfulness, meditation and related exercises may help in the prevention and recovery process for a wide variety of conditions and illnesses as well as in improving performance and relationship issues, Friendly Eyes makes no claims or guarantees that this will be the case by using the Service. We are not liable or responsible for any actions taken due to your having read or been told about such advice or other materials. If you are experiencing serious medical issues or need medical advice, you should consult your medical doctor.

 

External links disclaimer

The Site contains links to external websites that are not provided or maintained by or in any way affiliated with Friendly Eyes. Please note that Friendly Eyes does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.

 

Disputes and applicable law

All rights, obligations, offers and agreements contained in these Terms and Conditions, are governed by the laws of the Netherlands. All disputes between parties are subject to the exclusive jurisdiction of the competent Court in Amsterdam, the Netherlands.

 

Invalid terms

In the event that any part of these Terms and Conditions is determined by a competent authority to be invalid, such parts shall be severed from the remaining terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.

 

Entire Agreement

The T&C constitute the sole and entire agreement between you and Friendly Eyes regarding access to and use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding access to and use of the Site. Friendly Eyes shall not accept provisions in derogation of these T&C unless Friendly Eyes has confirmed them in writing.

 

Geographic Restrictions

The owner of the Site is based in Netherlands. Access to the Site may not be legal by certain persons and/or in certain countries. If you access the Site, you do so on your own initiative and are responsible for compliance with local laws.

 

Force Majeure

If Friendly Eyes cannot comply with any of the provisions of the agreement with you due to an event of force majeure, which continues for more than 60 (sixty) days, you and Friendly Eyes are entitled to terminate the agreement. Neither party shall have any liability to the other as a result of an event of force majeure, notwithstanding any liability that may result from non-performance before an event of force majeure.

Force majeure shall include, but not be limited to, (threat of) war, terrorism, rioting, civil disobedience, molest, strike, government measures, business interruption, transport interruption, (data) network interruption, natural disaster, fire, machine breakdown and all circumstances under which Friendly Eyes, according to the principles of reasonableness and fairness, cannot be required to perform all or part of the agreement.

 

Friendly Eyes Stichting

IJsbaanpad 43

1076 CV  Amsterdam

The Netherlands

Email: [email protected]

VAT No NL858084442B01

Chamber of Commerce Amsterdam (KvK) No. 69966451