What do these Terms cover?
These Terms are the terms and conditions that govern your access to, and use of, the Site. This Site is not intended for children below 16 and you should not use the Site (and/or accept these Terms) if you are below 16.
Why should you read these Terms?
These terms create a legally binding agreement between you and us. By accessing or using the Site, you are accepting these Terms. You confirm that you can enter the agreement. You confirm and promise to us that you have the right, authority, and capacity to enter into these Terms. The key terms that you should consider in particular detail are:
- Accounts, Access to the Site, and User Content
- Our Responsibility for Loss or Damage
Operating System Requirements.
The minimum platform requirements for use of the Mind over Tech app and Site are set out at Minimum Platform Requirements. To allow Mind over Tech to stay current in the rapidly moving mobile and online market, your devices must comply with the Minimum Platform Requirements. The Minimum Platform Requirements are subject to change at any time, at the sole discretion of Mind over Tech. This may be with or without advance notice.
What to do if you don’t want to accept these Terms?
If you do not agree with all of the provisions of these Terms, do not access and/or use the Site.
1. Information about Mind over Tech and contact details
- Who we are. Mind over Tech is a company registered in England & Wales and our company registration number is 11646071.
- Where we are based. Our head office is located at 37a Princess May Road, London N16 8DF.
- How to contact us. You can contact us by writing to us at firstname.lastname@example.org.
- How we may contact you. If we have to contact you we may do so by email to the address you provided when you registered for an Account (defined below) or, if applicable, by telephone.
- Email counts as “in writing”. When we use the words “writing” or “written” in these Terms, this includes emails. For contractual purposes, you: (a) consent to receiving communications from Mind over Tech by email; and (b) agree that all communications that we provide to you by email satisfy any legal requirement that such communications would satisfy if it were be in a hard copy writing.
2. How do we deal with you personal information?
- Account Creation. In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form.
- Accurate and up-to-date Information. All the registration information you submit must be truthful and accurate. If for any reason any information you submit becomes untruthful, inaccurate and/or incomplete, you agree that you will update that information to maintain its accuracy.
- What to do if you want to delete your Account. You can delete your Account at any time, for any reason, by emailing email@example.com. At this point, we should remind you that we also have certain rights to suspend or terminate your Account, these are outlined in Section 8.
- Automatic Account Deletion. Your Account may be automatically deleted by Mind over Tech at their sole discretion (see Section 8). We will notify you in advance if your Account is scheduled for deletion. If you believe the Account deletion notification is an error, you may contact firstname.lastname@example.org for further information.
- You are responsible for your Account. You are responsible for maintaining the confidentiality of your Account log-in information (including, for example, your password). Accordingly, you are responsible for all activities that occur under your Account.
- What to do if you become aware of, or suspect, unauthorised use of your Account. You should notify us immediately if you suspect or become aware of any unauthorised use of your Account or any other breach of security by emailing email@example.com.
4. Access to Site
- License. Subject to these Terms (in particular, the restrictions described below), Mind over Tech grants you a licence to use and access the Site on the basis that this licence is:
- not a commercial licence – you can only access and use the Site for your own personal, non-commercial uses (i.e., not for your business);
- non-transferable – you can’t pass this right to someone else;
- non-exclusive – other people can access and use the Site;
- revocable – we have the right to remove your ability to use the Site in accordance with these Terms; and
- limited – the licence does not extend beyond what has just been described above.
- Certain Restrictions. The rights granted to you in these Terms are subject to a number of important restrictions, particularly relating to how you access and use the Site, Mind over Tech’s property that is comprised in the Site and other users’ User Content. In particular, you agree that your use of the Site is subject to the following restrictions:
- you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site;
- you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site, otherwise that as permitted by applicable law for interoperability purposes;
- you shall not access the Site in order to build a similar or competitive website, product, or service; and
- except as expressly stated in these Terms, you agree that no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
- Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
- Modification. Mind over Tech reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part). We may do this with or without notice to you. You agree that Mind over Tech will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
- No Support or Maintenance. You acknowledge and agree that Mind over Tech will have no obligation to provide you with any support or maintenance in connection with the Site. However, if a fault occurs in the Site, please report it to us at firstname.lastname@example.org and we will review your complaint and, where we determine it is appropriate to do so, attempt to correct the fault. If the need arises, we may suspend access to the Site while we address the fault. We will not be liable to you if the Site is unavailable for the period of time it takes to fix or attempt to fix such fault. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.
- Ownership. Excluding any User Content (this term is defined below) that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Mind over Tech, Mind over Tech’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, ownership or similar interests in or to such intellectual property rights, except for the limited access rights expressly set forth in this policy. Mind over Tech and its suppliers reserve all rights not granted in these Terms. There are no implied licences granted under these Terms.
5. Third-party links and ads: other users
- Third-Party Links. The Site may contain links to third-party websites and services (collectively, “Third-Party Links”). Where the Site contains links to Third-Party Links, these links are provided for your information and convenience only. We have no control over the contents of those sites or resources. Mind over Tech does not review, approve, endorse or make any promises with respect to Third-Party Links.
- You use Third-Party Links at your own risk. You use all Third-Party Links at your own risk and you should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, not these Terms.
- Other Users. Each Site user is solely responsible for any and all of its own User Content.
6. Our responsibility for loss or damage
- The Site is not bespoke to you. You acknowledge that the Site has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Site meet your requirements.
- We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Terms are entered into both we and you knew it might happen.
- We are not liable for business losses. As noted above, we only make the Site available for your domestic and private use. If you use the Site for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- No liability for damage caused by unauthorised access. We will not be responsible for any loss or damage incurred as a result of unauthorised access to your Account which is not within our reasonable control, including where you fail to comply with Section 4.
- What we do not exclude. Nothing in these Terms shall limit or exclude our liability for:
- death or personal injury resulting from our negligence;
- fraud or fraudulent misrepresentation; or
- any other liability that cannot be excluded or limited by English law.
7. Term and Termination
- Duration of Terms. Subject to this Section 7, these Terms will remain in full force and effect while you use the Site.
- When we might suspend or terminate your Account or Site access. We may suspend or terminate your rights to use the Site (including your Account and all associated User Data) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms.
- What happens when these Terms terminate? Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases – for this reason, we recommend you pay particular attention to Section 5 (Backing up User Content).
- What terms will continue after these Terms have been terminated? Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 to 9.
8. Other important Terms
- Headings and Interpretation. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
- We may transfer these Terms to someone else. We may transfer our rights and obligations under these Terms to another organisation – for example, this could include another member of our group of companies or someone who buys our business. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
- Nobody else has any rights under these Terms. These Terms are between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of these Terms illegal, the rest will continue in force. Each of the Sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Sections will remain in full force and effect.
- Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
- Which laws apply to these Terms and where you may bring legal proceedings. These Terms are governed by English law and we both agree to submit to the non-exclusive jurisdiction of the English courts. This means that, if you are a citizen of a country in the EU, you may bring a claim to enforce your consumer protection rights in connection with these Terms in England or in the EU country in which you live.
Copyright/Trademark Information. Copyright © 2021 Mind over Tech Ltd. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.