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Mind Tools Terms & Conditions of Service

1. These Terms & Conditions

 

These Terms & Conditions (the “Terms”) govern our provision and members' use of Mind Tools online service ("the Service"). Please read them carefully. We may amend these Terms from time to time and it is your responsibility to read these Terms each time you use our Website.

 

We provide the Service only in accordance with these Terms and if you do not agree to be bound by the following terms you may not use the Service. By registering as a member, you agree to accept the following terms.

 

As part of these Terms, each member must agree to and follow the Terms of Use, which forms an important part of this contract. In these Terms:

  • We, us or our means Mind Tools Ltd;

  • Website means our website at www.mindtools.com; and

  • You or your means the person using our Website to subscribe to the Service.

2. Information About Us and How to Contact Us

 

Mind Tools Ltd is registered in Scotland with company number SC202102.

 

We care very much about the standard of the Service, and we want to hear from you if you are not satisfied in any way. If you don’t understand anything in these Terms and want to talk to us about them, please click here to email our customer services team at mtecustomerservices@mindtools.com.

 

3. Our Obligations

 

We will provide members with the rights to use the Service. These rights will depend on the form of the membership that you have chosen to open with us. We will supply the Service until the subscription expires (if applicable) or you end the contract as described in paragraph 6.1 or we end the contract by written notice to you as described in paragraph 6.5.

 

We will observe all relevant UK data protection legislation in relation to the data you provide to us on purchase or registration and will only use it for authorized purposes. For more information about how we use your personal data, please see our Privacy Policy.

 

We will provide the Service to members with reasonable care and skill and will use our reasonable endeavors to maintain continuity of Service. However, we cannot guarantee that the Service will be continuous or error free.

 

Whilst we take all reasonable care in providing the Service, we may not monitor those portions of the Service which are generated by other users of the Service (for example, members' forum postings). We take no responsibility for material that has not been introduced by us.

 

We reserve the right to change or delete any material or postings generated by members, in order to ensure compliance with the Terms of Use. We also reserve the right to suspend or terminate our provision to members of the Service if members do not comply with our Terms of Use.

 

Whilst we take all reasonable care in providing the Service, any contract members may make with others via the Service is entered into at his or her own risk and we make no representation as to whether they will be satisfied with what others provide to them.

 

4. Materials and Intellectual Property

 

Members acknowledge that they are solely responsible for the form, content and accuracy of any material introduced by them and that their use of any forum associated with the Service will comply with our Terms of Use.

 

Unless otherwise indicated, resources within the Content Library or provided to members are the property of Mind Tools and protected by Intellectual Property law. Resources are lisensed to members during the term of their membership for their personal use. The right to use Mind Tools resources ceases when membership is cancelled by the member or by Mind Tools.

 

5. Payment and Validity

 

Unless otherwise stated, for monthly memberships, the subscription fees for the Service will be $20(USD)/£12(GBP), and will be free for the first 7 days. Monthly memberships will automatically renew 1 month from the purchase date, and continue to renew each subsequent month unless and until you cancel your membership in accordance with paragraph 6.

 

Each Annual membership will continue from the purchase date for an initial term of 12 months (or, if you have selected a Multi-Year membership, for an initial term of 36 months), and thereafter shall automatically renew for subsequent renewal terms of 12 months (36 months for Multi-Year memberships), unless and until you cancel your membership in accordance with paragraph 6.

 

Where other fees or payment arrangements apply, these are as defined on sign up or ordering.

 

Unless agreed otherwise, all our charges are inclusive of any applicable value added or other sales tax. VAT for EU countries will be calculated based on the billing address of the cardholder.

 

We reserve the right to suspend our provision to you of the Service or terminate the contract between us if our charges are overdue for payment.

 

Unless otherwise agreed, membership is non-transferable and may not be resold.

 

Discounts are only available for subscriptions made via the Website, unfortunately we are unable to apply any discount to purchases made via the app.

 

6. Cancellation Right and Money Back Guarantee for Individual Members

 

As an individual member, you may cancel your subscription to the Service at any time.

 

If you are unsatisfied with the Service, if requested, we will cancel your membership and, if you have subscribed to a Monthly membership, we will refund the last monthly payment made.

 

For Annual and Multi-Year memberships, you have a right to a full refund if cancelled and requested within the first 14-days after the payment has been made. After the 14-day period has passed, no refund of the Annual or Multi-Year fee will be made, but you still have the right to cancel at any time. Money back guarantee applies to new memberships only.

 

To cancel your subscription or claim a refund, please email the customer services team at mtecustomerservices@mindtools.com. Please provide your name, home address, details of the subscription and, where available, your phone number and email address.

 

We will issue the refund to the person who paid, by the method you used for payment, within 5 working days of our receipt of your request. We cannot offer refunds for in-app purchases.

 

We reserve the right to cancel memberships at our own discretion. Where we initiate a cancellation, we will refund on a pro-rata basis any future months' membership remaining, and we will also refund the last month's membership in full.

 

7. Warranty and Liability - YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS PARAGRAPH

 

Nothing in this contract shall be construed as restricting or excluding our liability for death or personal injury resulting from our negligence or for fraud or fraudulent misrepresentation, or liability which we are responsible for in relation to consumer protection rights, or for any other matters which it would be illegal for us to exclude. Nothing in this contract affects your statutory rights as a consumer.

 

We will not be responsible for any losses that were not foreseeable to you or us when the contract was formed, or that were not caused by any breach on our part. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

Our liability to you under this contract shall not exceed the amount paid by you for the Service.

 

We only provide you with access to the Service for domestic and private use. If you use the Service 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.

 

8. General

 

By becoming a member, you consent to us sending you the regular Mind Tools newsletter by email, and also contacting you on other occasions regarding events. If you wish to opt out of all of these mailings, please contact mtecustomerservices@mindtools.com.

 

Members must be at least 16 years old to use the Service.

 

A person who is not a party to these Terms may not enforce any of them under the Contracts (Rights of Third Parties) Act 1999.

 

If any dispute arises out of these Terms, we will try to resolve any disputes with you quickly and efficiently. We will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure.

 

This contract shall be governed by the laws of England and we both agree that any dispute arising under or connected to it will be decided by the English Courts. If you are a consumer in an overseas jurisdiction, including Scotland or Northern Ireland, this will not affect your rights to bring a claim in your local Courts or otherwise affect any statutory or other local law protections which you have.

 

We may transfer or assign our rights and obligations under these Terms to another organisation or appoint third parties to assist us at any time, but this will not affect your rights or our obligations under these Terms.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

This contract is the entire agreement and understanding between us and all other statements and terms whether written or verbal are excluded to the fullest extent permitted by law.

 

If either of us does not at any time act on any rights we have or we delay in doing so, it will not affect the rights of either of us to enforce any rights at a later stage. If either of us choose not to rely on a right which we have, it will not affect any other rights which either of us has.

 

9. Mind Tools Gift Card Terms and Conditions 

Mind Tools Gift Card purchases are non-refundable and cannot be exchanged for money, however this does not affect your cancellation rights.

Mind Tools Gift Cards can be used against any membership offered at the time of redemption, and if any credit remains after the initial purchase, can be used against additional membership periods.

A Mind Tools Gift Card cannot be used against multiple accounts. After purchasing, please keep a copy of your email confirmation as proof of purchase as you will be asked to produce this if you need to query the gift card.

 

 

 

Terms of Website Use

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.mindtools.com (our site), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

 

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

 

1. Other Applicable Terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

  • Our Acceptable Use Policy (available further down this page), which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

  • Our Cookies Policy, which sets out information about the cookies on our site.

By using a log-in for or visiting the www.mindtools.com Website (the “Website”) you are accepting and consenting to the practices described in this policy.

 

2. Information About Us

www.mindtools.com is a site operated by Mind Tools Ltd ("We"). We are registered in Scotland under company number SC202102 and have our registered office at Mind Tools Ltd, Level 1, 50 Frederick Street, Edinburgh, Scotland EH2 1EX.

3. Changes to These Terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

 

4. Changes to Our Site

 

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

 

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

 

5. Accessing Our Site

 

Our site is made available free of charge.

 

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

 

You are responsible for making all arrangements necessary for you to have access to our site.

 

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

6. Your Account and Password

 

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

 

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

 

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at mtecustomerservices@mindtools.com.

 

7. Intellectual Property Rights

 

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use, and you may draw the attention of others within your organisation to content posted on our site.

 

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

 

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

 

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

8. No Reliance on Information

 

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

 

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

 

9. Limitation of Our Liability

 

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

 

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

 

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or use of or reliance on any content displayed on our site.

 

If you are a business user, please note that in particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

 

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

 

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

 

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of supply.

 

10. Uploading Content to Our Site

 

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

 

Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

 

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

 

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

 

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy below.

 

The views expressed by other users on our site do not represent our views or values.

 

11. Viruses

 

We do not guarantee that our site will be secure or free from bugs or viruses.

 

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

 

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

 

You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.

 

You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.

 

We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

12. Linking to Our Site

 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

 

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

You must not establish a link to our site in any website that is not owned by you.

 

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

 

We reserve the right to withdraw linking permission without notice.

 

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

 

If you wish to make any use of content on our site other than that set out above, please contact permissions@mindtools.com.

 

13. Third-party Links and Resources in Our Site

 

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

 

We have no control over the contents of those sites or resources.

 

14. Applicable Law

 

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction.

 

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

 

15. Contact Us

 

To contact us, please email learn@mindtools.com. Thank you for visiting our site.

 

Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access our website www.mindtools.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms of Website Use.

 

www.mindtools.com is a site operated by Mind Tools Ltd ("We"). We are registered in Scotland under company number SC202102 and have our registered office at Mind Tools Ltd, Level 1, 50 Frederick Street, Edinburgh, Scotland EH2 1EX.

 

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.

  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

  • For the purpose of harming or attempting to harm minors in any way.

  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.

  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

  • To knowingly transmit any data, send or upload any material 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.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms of Website Use.

  • Not to access without authority, interfere with, damage or disrupt:

    • Any part of our site;

    • Any equipment or network on which our site is stored;

    • Any software used in the provision of our site; or

    • Any equipment or network or software owned or used by any third party.

1. Interactive Services

We may from time to time provide interactive services on our site, including, without limitation:

  • Chat rooms.

  • Bulletin boards.

  • Forums

  • Blog comment boards.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

 

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

 

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

 

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

 

2. Content Standards

 

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.

 

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

 

Contributions must:

  • Be accurate (where they state facts).

  • Be genuinely held (where they state opinions).

  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.

  • Contain any material which is obscene, offensive, hateful or inflammatory.

  • Promote sexually explicit material.

  • Promote violence.

  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

  • Infringe any copyright, database right or trade mark of any other person.

  • Be likely to deceive any person.

  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

  • Promote any illegal activity.

  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

  • Be likely to harass, upset, embarrass, alarm or annoy any other person.

  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

  • Give the impression that they emanate from us, if this is not the case.

  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

3. Suspension and Termination

 

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

 

Failure to comply with this acceptable use policy constitutes a material breach of the Terms of Website Use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.

  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

  • Issue of a warning to you.

  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

  • Further legal action against you.

  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

 

4. Changes to the Acceptable Use Policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

© Mind Tools Ltd 2024. All rights reserved. "Mind Tools" is a registered trademark of Mind Tools Ltd.
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