Mind Tools Club™ Terms & Conditions of Service
1. Contract Terms
These terms govern our provision and members' use of the Mind Tools Club™ online service ("the Service"). Please read them carefully.
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, or by agreeing to Corporate Membership for your employees and associates, you agree to accept the following terms.
As part of these Terms & Conditions of Service, each member must agree to and follow the Terms of Use for the club, which forms an important part of this agreement.
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. Please click here to email us or call our customer services team on +44 20 7788 7978.
WE ARE:
Mind Tools Ltd, a company registered in England under registered number 4829074, with a VAT number of GB 665 3593 06 and registered office at Mind Tools, Howard House, Wagon Lane, Bingley, West Yorkshire, England, BD16 1WA. Our business address is 3rd Floor, The News Building, London Bridge Street, London SE1 9SG, United Kingdom.
2. Our Obligations
2.1 We will provide members of the club 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.
2.2 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. Please see our Privacy Policy for more information on this.
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.
We do not accept liability for any special loss or any indirect or consequential loss of any nature (including without limitation any economic loss or other loss of business, production, revenue, profit, goodwill or anticipated savings), whether arising in contract, tort, negligence, breach of statutory duty or otherwise, and whether or not the possibility of such loss arising has been brought to our attention.
2.3 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.
2.4 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.
3. Materials and Intellectual Property
3.1 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.
3.2 Unless otherwise indicated, resources within the club 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 club resources ceases when membership is cancelled by the member or by Mind Tools.
4. Payment and Validity
4.1 Unless otherwise stated, the subscription fees for the Service will be $1 for the first month.The subscription fees for subsequent months will be $19 for standard membership or $27 per month for premium membership. Where other fees or payment arrangements apply, these are as defined on sign up or ordering. Please note that pricing formats for in-app purchases are dictated by Apple or Android and will differ from other payment formats.
4.2 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.
4.3 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.
4.4 For Gift Subscriptions, the Gift Certificate Number is valid for and must be activated within 12 months of purchase.
4.5 For Corporate Subscriptions, unless otherwise agreed, subscription codes are valid for and must be activated within 2 months of purchase.
4.6 Unless otherwise agreed, membership is non-transferable and may not be resold. Corporate customers may only provide Corporate subscriptions codes to persons employed by their company.
4.7 Discounts are only available for subscriptions made via the website, unfortunately we are unable to apply any discount to purchases made via the app.
5. Cancellation Right and Money Back Guarantee for Individual Members
5.1 As an individual member, you may cancel your subscription to the Service at any time.
5.2 Where purchase was made via the website, if you are unsatisfied with the Service, we will cancel your subscription and refund the last monthly payment made. For advance payments covering a longer period of membership, we will refund on a pro-rata basis for full future months' membership remaining. Where purchase was made via the App, cancellation must be made via your app store account settings.
5.3 Gift Subscriptions may also be cancelled and refunded on the basis described in 5.2 above, or if unused, providing this is requested within 90 days of the purchase date.
5.4 Where purchase was made via the website, to cancel your subscription or claim a refund, please send an email to our customer services team. We will issue the refund to the person who paid, within 5 working days of our receipt of your request. Unfortunately, iTunes do not provide a facility for us to credit user accounts meaning we cannot offer refunds for these in-app purchases.
5.5 Unless otherwise agreed, Corporate Subscriptions, purchased at discounted multi-user rates, are non-refundable.
5.6 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.
6. Warranty and Liability
6.1 Nothing in this Agreement shall be construed as restricting or excluding our liability for death or personal injury resulting from our negligence or for fraud. Nothing in this agreement affects your statutory rights as a consumer.
6.2 Our liability to you under this Agreement shall not exceed the amount paid by you for the Service.
7. General
7.1. Members must be at least 16 years old to use the Service.
7.2 No waiver or any amendment to these terms shall be effective unless in writing and signed by both you and us.
7.3 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.
7.4 If any dispute arises out of these terms we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure.
7.5 This Agreement shall be governed by the laws of England and we both agree to submit to the exclusive jurisdiction of the English Courts.
7.6 By becoming a member, you consent to us sending you the regular Club newsletter by email, and also contacting you on other occasions regarding events within the Club. If you wish
to opt out of all of these mailings, please contact members.helpdesk@mindtools.com.
Modified September 26, 2018
Previous revision can be found here
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