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Mindset T&Cs

Mindset App Terms of Use

Welcome to the Mindset mobile application provided by Quintessential Apps Ltd (“the App’’). These Terms of Use govern your use of the App and its associated services. The terms “Mindset”, “Quintessential”, “App”, “we”, “us” and “our” refer to Quintessential Apps Ltd.

  1. Use Constitutes Acceptance

BY USING THE APP, YOU AGREE TO THESE TERMS OF USE AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE APP.

  1. Authorised Use

You may use the App for lawful purposes only and may use the App only in ways consistent with the law.

  1. Protection of Minors

You must be 13 years or older to use the App and must be 18 years or older to submit content through the App. In cases where you have authorized a minor (someone under 18 years of age) to use the App, you acknowledge and agree that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the App; and (iii) the consequences of any misuse by the minor.

  1. Quintessential Apps Ltd Privacy Statement

Quintessential recognizes that you have a right to privacy, and we will not give away or sell any of your personal information unless authorised by you to do so. We will only collect and use your personal information in order to:

  • process and fill an order from you;
  • contact you regarding the processing of your orders;
  • improve the App and associated services; and
  • send informative and promotional emails that may be of interest to you.

While your information may be used by us for marketing purposes, it is never shared or sold to other organizations for commercial purposes. Your use of this App signifies your continuing consent to this Privacy Statement. Personal information that you supply to Quintessential, and any information about your use of the App that we obtain will be subject to this Privacy Statement.

  1. Your California Privacy Rights

Residents of the State of California, under the California Civil Code, have a right to request from companies conducting business in California a list of third parties to which the company has disclosed personal information during the preceding year for direct marketing purposes and a disclosure of the shared information. As stated above, we do not share your information in this way. However, if you are a California resident and request information about how to exercise your third party disclosure choices, send a request to the following email address: info@quintessentialapps.net.

  1. Third Parties and External Links

6.1 Third Party Suppliers: You agree that your dealings with third party suppliers found on or through the App including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party supplier, and you agree not to hold Quintessential liable for any disputes you may have with such third party supplier.

6.2 Links: This App may provide, or third parties may provide, links to other apps, websites or resources. As we have no control over such apps, websites and resources you agree that links to third parties are provided solely for your convenience and we are not responsible for the availability of such external apps, websites or resources and are not liable for the content found on or through such apps, websites or resources.  If you decide to access any third party through our App you do so entirely at your own risk.

  1. Intellectual Property

You acknowledge and agree that any content, including but not limited to text, data, photos, images, graphics, files, documents and audio contained or distributed on or through the App is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any content received through the App without the authorization of us or the content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute content available through the App, in violation of applicable copyright and other intellectual property laws.

  1. Your Contents

8.1 Your Contributed Content: You agree that we may use any content you upload or submit in any way, including but not limited to in future modifications of the App, other products or services, and advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the content you provide to us in association with the App in any way.

8.2 Use of Your Feedback: You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the App or services, other products or services, and advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.

8.3 Prohibited Content: You may not use the App for any of the following purposes:

  • Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  • Transmitting material that is or which encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  • Gaining unauthorised access to other computer systems.
  • Interfering with any other person’s use or enjoyment of the App.
  • Breaching any laws concerning the use of public telecommunications networks.
  • Interfering or disrupting apps, networks or websites connected to the App.
  • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
  • Engaging in technically harmful behaviour, which includes but is not limited to: computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data and other malicious software or harmful data.

8.4 Right to Remove: We reserve the right to refuse to publish or disseminate material on or through the App and to remove or edit any such material.

8.5 Claims of Copyright Infringement: If you believe that your work has been copied and is accessible on this App in a way that constitutes copyright infringement, please follow the instructions below on how to contact us to report possible copyright infringement. We will act expeditiously to remove content as soon as we have we have actual knowledge that it infringes copyright. If you believe there is copyright infringing material on the App or on our website, please contact us by email to info@quintessentialapps.net with the following information:

  • The name and address of the complaining party.
  • A description of the infringing materials and their Internet location, usually the URL.
  • Sufficient information to identify the copyrighted works.
  • A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of.
  • A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is the owner or authorized to act on the behalf of the owner.
  1. Changes to the App
    We may discontinue or change any of the App’s content, services, functions or features at any time with or without notice and at our sole discretion.
  2. Your Representations and Warranties

You represent and warrant to us that:

  • This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
  • You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
  • You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
  • All information you supply to us in connection with your use of our services is true and complete in all material respects and will be kept up to date if it changes.
  1. Indemnification

You agree to indemnify and hold harmless Quintessential and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement, your violation of any law or third party right, any claim that use of our services has harmed a third party, your use of the App or your data. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. Quintessential reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any claims. You agree to reasonably cooperate as requested by Quintessential in the defence of any claims.

  1. Our Warranties and Disclaimers

12.1 Disclaimers: EXCEPT AS SET FORTH IN CLAUSE 12.2 WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THIS MINDSET APP. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE APP AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. QUINTESSENTIAL DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE APP AND SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. Because some jurisdictions do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.

12.2 Limited Warranty:  Where we supply you with goods or services and the supply is subject to English law, any non-excludable warranties and conditions implied by law apply; but to the fullest extent allowed by law, our liability for breach of them is limited to the total fees paid or payable by you under this Agreement. We warrant that goods and services will be supplied with reasonable skill and care.

  1. Limitation of Liability

The App and services are provided on an “AS IS” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. We assume no liability for any:

  • viruses or any other disabling features that affect your access to or use of the App
  • incompatibility between the App and other apps, websites, services, software and hardware
  • delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the App
  • modification, suspension or discontinuance of any of the App or services
  • use of the App including, without limitation, direct, indirect, incidental or consequential loss or damages or any loss of profits, loss of revenue business interruption, loss or programme or otherwise.

Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by negligence; or fraud or misrepresentation; or any liability which cannot be excluded or limited under law.

  1. Changes to the Terms of Use

We may change the Terms of Use at any time. If you continue to use this App after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these Terms periodically for any changes.

  1. Electronic Delivery Statement and Your Consent

You agree that we may provide to you notices and other information concerning Quintessential or this App electronically, including notice to any email address that you may provide.

  1. No Duty to Monitor

You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.

  1. International Use

We make no representation that content or functions of the App are appropriate or available for use in locations outside the United Kingdom. If you choose to use the App from a location outside the UK, you do so on your own initiative and you are responsible for compliance with local laws.

  1. Choice of Law and Location for Resolving Disputes

This Agreement will be governed in all respects by the laws of England. The Parties may try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then the Parties irrevocably submit to the non-exclusive jurisdiction of the English courts.

  1. Severability and Integration

This contract and any supplemental terms, policies, rules and guidelines posted on the App and the related website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

  1. Termination

We reserve the right to terminate your use of the App if you violate the Terms of Use or for any other reason in our discretion. Upon termination you shall cease all use of the App, and destroy all copies, full or partial, of the App.

  1. Additional Terms and Conditions

Use of the App on any iPhone, iPad or iPod Touch is also governed by Apple’s Usage Rules, as set forth in the App Store Terms and Conditions, and use on any Android-enabled mobile device is also subject to the Google Play Terms of Service or the Android Market Terms of Service and Policies, as applicable (the “Usage Rules”).

  1. Equitable Remedies

You hereby agree that if any of these Terms are not specifically enforced, Quintessential will be irreparably damaged, and therefore you agree that Quintessential shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.

  1. General

No partnership, joint venture, employment, or agency relationship exists between you and us as a result of these Terms or your use of the App.

Titles and headings are inserted in these Terms for reference purposes only, and must not be used to interpret the Terms.

Except as expressly provided for herein, these Terms do not confer any rights, remedies, or benefits upon any person other than you.

Quintessential may assign its rights and duties under these Terms at any time to any third-party without notice. You may not assign these Terms without our prior written consent.

  1. Contact and Help

You can contact us by email to info@quintessentialapps.net.

Revision Date: 16th December, 2014

Copyright © 2014 Quintessential Apps Ltd. All Rights Reserved.