EnjoyMinded - Terms and conditions of use

1. Introduction

1.1 These terms and conditions shall govern your use of our mobile application and website.

1.2 By using our mobile application and website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our mobile application and website.

1.3 If you register with our website or mobile application, submit any material to our website or mobile application or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website or mobile application; by using our website/mobile application or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. Copyright notice

2.1 Copyright (c) 2016 Enjoy Minded Limited.

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and mobile application and the material on our website and mobile application; and

(b) all the copyright and other intellectual property rights in our website and mobile application and the material on our website are reserved.

3. Licence to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website and mobile application for your own personal and business purposes, and you must not use our website and mobile application for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website or mobile application.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website or mobile application (including republication on another website);

(b) sell, rent or sub-license material from our website or mobile application;

(c) exploit material from our website or mobile application for a commercial purpose; or

(d) redistribute material from our website or mobile application.

3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7 We reserve the right to restrict access to areas of our website and mobile application, or indeed our whole website and mobile application, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable use

4.1 You must not:

(a) use our website or mobile application in any way or take any action that causes, or may cause, damage to the website/mobile application or impairment of the performance, availability or accessibility of the website/mobile application;

(b) use our website or mobile application in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website or mobile application to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must ensure that all the information you supply to us through our website/mobile application, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Registration and accounts

5.1 To be eligible for an account on our website/mobile application under this Section 5, you must be resident or situated in the United Kingdom.

5.2 You may register for an account with our website or mobile application by completing and submitting the account registration form on our website or mobile application.

5.3 You must not allow any other person to use your account to access the website or mobile application.

5.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

5.5 You must not use any other person's account to access the website or mobile application, unless you have that person's express permission to do so.

6. User login details

6.1 If you register for an account with our website or mobile application, you will be asked to choose a password, email address and your real name.

6.2 Your name and email must not be liable to mislead and must comply with the content rules set out in Section 11; you must not use your account, name or email for or in connection with the impersonation of any person.

6.3 You must keep your password confidential.

6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5 You are responsible for any activity on our website or mobile application arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7. Cancellation and suspension of account

7.1 We may:

(a) edit your account details;

(b) temporarily suspend your account; and/or

(c) cancel your account,

at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you notice of any cancellation under this Section 7.1.

7.2 You may cancel your account on our website or mobile application by writing to us on the contact form on our website. You will not be entitled to any refund if you cancel your account in accordance with this Section 7.2.

8. Services

8.1 Save where expressly requested or permitted by us to do so, you must not add any information to our website or mobile application that may facilitate direct communications with other users (including without limitation email addresses, postal addresses, instant messaging IDs, telephone numbers, fax numbers, personal website URLs and social networking profile URLs).

8.7 You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off the website or mobile application, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to Section 14.1 you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.

9. Personal profiles

9.1 All information that you supply as part of a personal profile on the website or mobile application must be true, accurate, current, complete and non-misleading.

9.2 You must keep your personal profile on our website and mobile application up to date.

9.3 Personal profile information must also comply with the provisions of Section 4 and Section 11.

10. Your content: licence

10.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website or mobile application for storage or publication on, processing by, or transmission via, our website or mobile application.

10.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on and in relation to this website and any successor website.

10.3 You grant to us the right to sub-license the rights licensed under Section 10.2.

10.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 10.2.

10.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

10.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

10.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

11. Your content: rules

11.1 You warrant and represent that your content will comply with these terms and conditions.

11.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

11.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

11.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

11.5 You must not use our website or mobile application to link to any website or web page consisting of or containing material that would, were it posted on our website or mobile application, breach the provisions of these terms and conditions.

11.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

12. Report abuse

12.1 If you learn of any unlawful material or activity on our website or mobile application, or any material or activity that breaches these terms and conditions, please let us know.

12.2 You can let us know about any such material or activity by email or using our contact form.

13. Limited warranties

13.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website or mobile application;

(b) that the material on the website and mobile application is up to date; or

(c) that the website and mobile application or any service on the website and mobile application will remain available.

13.2 We reserve the right to discontinue or alter any or all of our website and mobile application services, and to stop publishing our website and mobile application, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website or mobile application services, or if we stop publishing the website or mobile application.

13.3 To the maximum extent permitted by applicable law and subject to Section 14.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and mobile application and the use of our website and mobile application.

14. Limitations and exclusions of liability

14.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

14.2 The limitations and exclusions of liability set out in this Section 14 and elsewhere in these terms and conditions:

(a) are subject to Section 14.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

14.3 To the extent that our website and mobile application and the information and services on our website and mobile application are provided free of charge, we will not be liable for any loss or damage of any nature.

14.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

14.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

14.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

14.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

14.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or mobile application or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

15. Indemnity

15.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or mobile application or any breach by you of any provision of these terms and conditions.

16. Breaches of these terms and conditions

16.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website and mobile application;

(c) permanently prohibit you from accessing our website and mobile application;

(d) block computers using your IP address from accessing our website and mobile application;

(e) contact any or all of your internet service providers and request that they block your access to our website and mobile application;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website and mobile application.

16.2 Where we suspend or prohibit or block your access to our website or mobile application or a part of our website or mobile application, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

17. Third party websites

17.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

17.2 We have no control over third party websites and their contents, and subject to Section 14.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

18. Trade marks

18.1 EnjoyMinded, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

18.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

19. Variation

19.1 We may revise these terms and conditions from time to time.

19.2 The revised terms and conditions shall apply to the use of our website and mobile application from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

20. Assignment

20.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

20.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

21. Severability

21.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

21.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

22. Third party rights

22.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

22.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

23. Entire agreement

23.1 Subject to Section 14.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website or mobile application and shall supersede all previous agreements between you and us in relation to your use of our website or mobile application.

24. Law and jurisdiction

24.1 These terms and conditions shall be governed by and construed in accordance with English law.

24.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

25. Statutory and regulatory disclosures

25.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

25.2 These terms and conditions are available in the English language only.

25.3 We are registered in England and Wales; you can find the online version of the register at https://beta.companieshouse.gov.uk/company/09956590, and our registration number is 0995690.

25.4 We are registered as Enjoy Minded Limited in the United Kingdom.

26. Our details

26.1 This website and mobile application is owned and operated by Enjoy Minded Limited.

26.2 We are registered in England and Wales under registration number09956590, and our registered office is at 7 Millbrooke Court, SW15 2RA, United Kingdom.

26.3 Our principal place of business is at 7 Millbrooke Court, SW15 2RA, United Kingdom.

26.4 You can contact us:

(a) using our website contact form; or

(b) by email, using the email address published on our website from time to time.

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