Terms of Service for Individuals
We are Minds Studio Limited t/a Minds Sftudio (“Minds Studio”, “we” or “us” and that includes any of our group companies from time to time, who we act as trustee for in respect of the Terms). The following Terms of Service and any documents or additional terms on our App or offline or referred to below (all such terms and documents together referred to as the “Terms”) govern the legal relationship between you and Minds Studio in relation to your use of our web application (accessible at the URL mindsstudio.com/) (the “Web App”) and a mobile app which is currently or may soon be accessible from Apple iOS and Google Android (the “Mobile App”) (the Web App and Mobile App together being the “App” and all as further defined below) and any updates to those.
Please note that any relevant Platform’s terms and conditions also apply to your use of the App through such Platform (the “Platform Terms”). If there is any conflict between these Terms and the Platform Terms, the Platform Terms shall prevail. Our Web App and the Mobile App allow individuals to book and receive our course curation and coaching services as described on our Web App and/or the Mobile App from time to time (the “Services”), and from time to time related digital content. You must not use our Web App or Mobile App if you are under the age of 18 and/or do not have a valid and relevant right to undertake any relevant courses in the United Kingdom (UK) and you hereby warrant that you are 18 years old or over and have such a right.
1 – Acceptance of these Terms
By clicking on the “I accept” button below or otherwise provided to you or by providing your acceptance by email, you are deemed to have read and accepted these Terms prior to using either the Mobile App or the Web App as a registered user.
By clicking on the “I accept” button below or otherwise provided to you or by providing your acceptance by email, if you are downloading the Mobile App you represent and warrant to us that: (i) your access and use of the Mobile App will be in accordance with these Terms and with all applicable laws, rules and regulations of the United Kingdom and any other relevant jurisdictions; (ii) you are not located in a country that is subject to a US Government embargo or has been designated by the US Government as a ‘terrorist supporting’ country; and (iii) you are not listed on any US Government list of prohibited or restricted parties; (iv) the information you provide to us is true and accurate and you will update such information when necessary; and (v) you are legally entitled to own the device you are using to access and use the Mobile App and you legally own or control your account.
You acknowledge and agree that these Terms of Service apply from the date on which you click the “I accept” button below or otherwise provided to you or on which you provide your acceptance by email and that the other relevant documents mentioned at clause 2.1 below apply from the date you first visited our website or downloaded the Mobile App. Further you acknowledge and agree that the Terms apply to your use of our Web App and/or the Mobile App and that the Terms form a legally binding contract between you and Minds Studio.
If you disagree with these Terms you must not click the “I accept” button below or otherwise provided to you.
In order to use the Services (defined below) you must register through our App and accept these Terms. We reserve the right to decline or cancel your registration at any time subject to these Terms.
2 – These Terms
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake or something should be changed in these terms, please contact us to discuss.
3 – Information about us and how to contact us
Who we are. We are Minds Studio Limited a company registered in England and Wales. Our company registration number is 11840505 and our registered office is at C/O Wortham Jaques Ltd, 130a High Street, Crediton, Devon, United Kingdom, EX17 3LQ.
How to contact us. You can contact us by writing to us at email@example.com.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
4 – Our contract with you
How we will accept your order. Our acceptance of your order will take place as described at clause 1 above.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is unavailable, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
We only sell to the UK. Currently, our website is solely for the promotion of our products in the UK. Unfortunately, we do not currently accept orders from consumers who have rights outside of the UK. We will update these Terms if that position changes.
5 – Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).
6 – Our rights to make changes
Changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a cyber security threat. These changes should not affect your use of the Services or the type of products we currently provide. If they will, we will endeavour to notify you in advance of how you might be affected.
Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
7 – Providing the products
When we will provide the products. During the order process we will let you know when we will provide the products/services to you. If the products are ongoing services or subscriptions, we will supply the services or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
If you do not allow us access to provide services. If you do not allow us access to you to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange performance of the services we may end the contract and clause 10.2 will apply.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, phone number, name or address. If so, this will have been stated in the description of the products on our website. We will contact you in writing or by telephone or videophone to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6).
Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
8 – Your rights to end the contract
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), seeclause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, seeclause 8.2;
(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; and
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that the supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you that we are going to suspend them for technical reasons, in each case for a period of more than one month; or
(e) you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms of Service.
When you don’t have the right to change your mind. You do not have a right to change your mind in respect of the following and which may be relevant to the products we provide (should we provide any products in future to which you do not have a right to change your mind, we will update these Terms accordingly):
(a) digital products after you have started to download or stream these;
(b) services, once these have been completed, even if the cancellation period is still running; and
(c) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them.
How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought the Services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you bought digital content for download or streaming? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed. A contract for digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the product until 3 March. We will only charge you for supplying the product up to 3 March and will refund any sums you have paid in advance for the supply of the product after 3 March.
9 – How to end the contract with us (including if you have changed your mind)
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. Email us at firstname.lastname@example.org. Please provide your name, order number, details of the order and, where available, your phone number and email address.
How we will refund you. We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
10 – Our rights to end the contract
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, Name, Address or Phone number or
(c) you do not, within a reasonable time, allow us access to you to supply the services.
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 1 week in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11 – If there is a problem with the product
How to tell us about problems. Please contact us immediately using its contact details below if you: (a) have any questions, complaints, claims or concerns about content which appears in the App or in relation to us generally; or (b) believe that any act or omission by us or one of our other users of the App is in breach of applicable law. We will then consider your concerns and decide whether to take action and whether or not any other user has in our opinion, breached any of these Terms. We will endeavour to inform you of the outcome of any review within a reasonable time of receiving your complaint. We both acknowledge that we, not the Platform owner will be solely responsible, are responsible for addressing your or any third party’s claim relating to the App or your possession and/or use of the App including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
|Summary of your key legal rights|
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
a) If your product is digital content, for example a mobile phone app or a subscription to a data repository service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
b) If your digital content is faulty, you’re entitled to a repair or a replacement.
c) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
d) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
—If your product is services, for example the Services, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
–For your information only as we do not provide goods, if your product is goods, for example furniture or a laptop, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
12 – Price and payment
Where to find the price for the product. The price of the product (which includes VAT where applicable) will be the price indicated on Mobile App and/or Web App as applicable when you place your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions if you want to still proceed before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums due to you.
When you must pay and how you must pay. We accept payment with debit and credit cards such as VISA or MASTERCARD, Paypal and as otherwise set out on our Mobile App and/or Web App form time to time. When you must pay depends on what product you are buying:
(a) For any digital content we may make available from time to time, you must pay for the products before you download them and instructions will be provided on the App from time to time.
(b) For Services, the following terms apply:
(i) If at the time of placing an order for Services you are a FlatIron or Wework member and have provided the relevant evidence of that to us as requested on our Mobile App and/or Web App, you are able to, on registering to use the Services via our Mobile App and/or Web App, select to participate in a free trial (the “Trial Version”). The Trial Version entitles you to use the Services for a period of 8 weeks or such other period as we may notify to you in writing, for instance should our separate arrangements with those organisations end then the Trial Version may also come to an end at our discretion (the “Trial Period”). Following the Trial Period, you will either: (i) be required to cease using the Trial Version and, as set out in clause 14, any continued use of our Web App and/or the Mobile App as an unregistered user will continue to be subject to terms set out in the Relevant Documents; or (ii) subscribe to the Mobile App and/or Web App in accordance with the remainder of this clause 9 for a Subscription.
(ii) Subject to any applicable Trial Period, upon registering to use the Services via our Mobile App and/or Web App, the following monthly subscription terms apply (the “Subscription”):
(A) This offers the Services, following payment of the relevant Subscription Fee, for a one-month period commencing on the date that we take payment from you (“Subscription Period”).
(I) You must pay a fee in advance (the “Subscription Fee”). The Subscription Fee will be notified to you when registering to use the Services via our Mobile App and/or Web App. All Subscription Fees are exclusive of VAT or other taxes (where applicable).
(II) You shall pay the Subscription Fee using the facility on the Mobile App and/or Web App for payment. This includes Visa, Mastercard, Paypal or such other payment methods as we may notify you of from time to time. If you sign-up for a Subscription, this will be automatically renewed for each month and the Subscription Fee for the following month will be automatically charged to you at the end of each current Subscription Period. You can cancel that auto-renew by contacting us at email@example.com and we suggest providing notification that you wish to cancel your auto-renew at least 10 days before the end of the current Subscription Period. The cancellation will take effect the day after the last day of the current Subscription Period. In any event, you can otherwise cancel the ongoing Services in accordance with and subject to these Terms.
You acknowledge that we are not a payment provider or a ‘merchant’ for payment. Instead, payment services are provided by a payment provider integrated into the Mobile App and/or Web App. We are not party to any agreement between you and the payment provider and are not liable for any claim or liability in relation to payment provision services. You may be bound by the payment provider’s terms which may be different to these Terms. Payment providers may decide whether you are suitable to use their services and we are not liable for such decisions.
We may change the Subscription Fee from time to time and will communicate to you any price changes. Price changes will take effect at the start of the next Subscription Period and your agreement to use the Services following the date of the price change is deemed to be an agreement to the new price. If you do not accept the price change that you have the right to reject it by unsubscribing prior to the price change coming into effect.
We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13 – Our responsibility for loss or damage suffered by you
We are responsible to you 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 this contract 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 the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2.
When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. We only supply the products under these Terms to individuals for private use. If you use the products 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.
14. How we may use your personal information
15. Other important terms
Licence to use the App and Intellectual Property. Our Intellectual Property:
(a) “Minds Studio” (word) and all other names, logos, icons and marks identifying us, the App and its services are our trade marks. We own (or have a licence to use) all intellectual property subsisting in the App.By using the App under licence you do not acquire any Intellectual Property in our App and all right, title and interest to all such intellectual property remains with us or our licensor(s)(as the case may be).
(b) We both acknowledge and agree that in the event of any third party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s Intellectual Property we, not the Platform owner, are solely responsible for the investigation, defence, settlement and discharge of any such claim.
Licence: Provided that you have a valid account with us in respect of your access to and use of the App and/or in respect of the Platform from which you downloaded the Mobile App and in consideration of your agreement to be bound by these Terms, we grant you a single non-exclusive, non-transferable, revocable licence to use the App for your personal use on the devices which relate to the Platform under your account, and as permitted by any applicable usage rules set forth by the Platform. You may not distribute, rent lease, lend, sell, transfer or sublicense the App, nor copy (except as expressly permitted by any applicable Platform usage rules), decompile, reverse-engineer, dissembled, attempt to derive the source code of, modify or create derivative works of the App except to the extent as may be permitted by the licensing terms of any open sourced components included in the App and to the extent that the foregoing restrictions is not prohibited by applicable law.
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 1 month of us telling you about it and we will refund you any payments you have made in advance for products not provided.
You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if we reasonably believe that the transfer may not be in the interests of our business and we will explain why if that is the case.
Nobody else has any rights under this contract (except as set out below). No provision of these Terms shall be enforceable by any person who is not a party to it pursuant to the Contract (Rights of Third Parties) Act 1999 with the exception of Apple and Apple’s subsidiaries in relation to your use of the Mobile App on Apple iOS as and when that may be relevant.
If a court finds part of this contract illegal, the rest will continue in force. 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.
Even if we delay in enforcing this contract, 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 this contract, 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.