Mind Tools Club™ Terms & Conditions of Service
1. These Terms & Conditions
These Terms & Conditions (the “Terms”) govern our provision and members' use of the Mind Tools Club™ 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 for the club, which forms an important part of this contract. In these Terms:
- We, us or our means Emerald Works Limited;
- 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
2.1 We are Mind Tools, a trading name of Emerald Works Limited, a company registered in Scotland with company number SC202102 with a VAT number of GB 665 3593 06 and registered office at Level 1, 50 Frederick Street, Edinburgh, Scotland EH2 1EX. Our business address is 3rd Floor, The News Building, London Bridge Street, London SE1 9SG, United Kingdom.
2.2 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 us or call our customer services team on +44 20 7788 7978, or write to us at our registered address listed above.
3. Our Obligations
3.1 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. 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.
3.2 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. For more information about how we use your personal data, please see our Privacy Policy.
3.3 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.
3.4 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.
3.5 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.
3.6 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
4.1 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.
4.2 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.
5. Payment and Validity
5.1 Unless otherwise stated, for monthly memberships, the subscription fees for the Service will be in US Dollars ($) (USD), and will be $1 for the first month. The subscription fees for subsequent months will be $19 for standard membership or $27 per month for premium membership.
5.2 Unless otherwise stated, for annual memberships, subscriptions fees for the Service will be in US Dollars ($) (USD), and will be $190 per year for a standard membership and $270 per year for a premium membership. The standard membership and the premium membership will continue from the purchase date for an initial term of 12 months, and thereafter shall automatically renew for subsequent renewal terms of 12 months, unless and until you cancel your membership in accordance with paragraph 6.
5.3 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.
5.4 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.
5.5 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.
5.6 Unless otherwise agreed, membership is non-transferable and may not be resold.
5.7 Discounts are only available for subscriptions made via the Website, unfortunately we are unable to apply any discount to purchases made via the app.
6. Cancellation Right and Money Back Guarantee for Individual Members
6.1 As an individual member, you may cancel your subscription to the Service at any time.
6.2 If you are unsatisfied with the Service, if requested, we will cancel your subscription and refund the last monthly payment made. For Annual memberships, you have a right to a full refund if cancelled within the first 14-days after the payment has been made. After the 14-day period has passed, no refund of the annual fee will be made, but you still have the right to cancel at any time.
6.3 To cancel your subscription or claim a refund, please call the customer services team on +44 20 7788 7978 or click here to email us. Please provide your name, home address, details of the subscription and, where available, your phone number and email address.
6.4 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. Unfortunately, iTunes do not provide a facility for us to credit user accounts meaning we cannot offer refunds for these in-app purchases.
6.5 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
7.1 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.
7.2 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.
7.3 Our liability to you under this contract shall not exceed the amount paid by you for the Service.
7.4 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
8.1. 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 mtecustomerservices@mindtools.com.
8.2. Members must be at least 16 years old to use the Service.
8.3 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.
8.4 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.
8.5 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.
8.6 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.
8.7 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.
8.8 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.
8.9 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.
Modified September 2020
Previous revision can be found here