Terms & Conditions
TERMS OF APPLICATIONS USE
Other application terms
These terms also apply using our applications and should be included in the Terms & Conditions:
Sets out the permitted uses and prohibited uses of our applications. When using our applications, you must comply with this Acceptable Use Policy.
MindMate, MindMate Family and MindMate Pro are applications operated by MindMate Limited (("MindMate", "our", "we", or "us"), with registered office at 94 Hope Street, Glasgow, G2 6PH in Scotland under company number SC501984.
Changes to these terms
Changes to our applications
We will update our applications frequently, and may change the content at any time. However, please note any of the content on our applications may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our applications, or any content on it, will be free from errors or omissions.
Accessing our applications
Our applications are free to download via the Apple App Store. Users will have the option to upgrade to paid subscription services. Details to that can be found on the App Store. Since the products we provide are intangible, we cannot accept any requests for refund. In the case where a purchase error is made, please contact us via firstname.lastname@example.org to discuss a resolution.
We do not guarantee that our applications, or any content on it, will always be available or uninterrupted. Access to our applications is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our applications without notice. We will not be liable to you if for any reason our applications are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our applications.
Our applications are directed to users worldwide. However, we do not guarantee that content available on, or through our applications is appropriate or available in other locations. If you choose to access our applications from outside the United Kingdom, you do so at your own initiative and risk. This means that you are also responsible for compliance with local laws, if and to the extent applicable. MindMate reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the applications to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.
Accounts, passwords and security
If any of the applications require you to open an account, you must complete the registration process by providing MindMate with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to MindMate which is untrue, inaccurate, not current or incomplete, MindMate reserves the right to terminate this Agreement and your continued access and use of the MindMate' applications and/or the Services.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify MindMate immediately of any unauthorised use of your account or any other breach of security via email@example.com. MindMate will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by MindMate or another party due to someone else using your account or password.
MindMate is the owner or licensee of all intellectual property rights in our applications, and in the material published on it, and we reserve all rights on it.
Our status (and that of any identified contributors) as the authors of content on our applications must always be acknowledged.
You must not use any part of the content on our applications for commercial purposes without obtaining a license from us or our licensors.
Limitation of Liability
Neither MindMate nor its Directors, Officers, Employees, Contractors Agents, Investors or Sponsors are responsible or liable to you or anyone else for any loss or injury or any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability, or other theory arising out of/or relating in any ways to
Professional Advice Disclaimer
The content on our applications is provided for general information only. You should not rely on this information. The information given IS NOT a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment.
If you have any concerns or questions about your health, you should ALWAYS consult with a Physician or other Healthcare Professional. Do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional, because of something you may have read on one of the applications. The use of any information provided on our applications is solely at your own risk.
Nothing stated or posted on one of MindMate's applications, website or available through any third party providers within the applications, are intended to be, and must not be taken to be, the practice of medical or counselling care. For purpose of these Terms & Conditions, the practice of Medicine and Counselling includes, but is not limited to, Psychiatry, Psychology, Psychotherapy, or providing healthcare treatment, instructions, diagnosis, prognosis or advice.
MindMate's applications are frequently under development and MindMate makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. In that regard, developments in medical research may impact the health, fitness, nutritional advice etc. that appears in the applications. No assurance can be given that the advice contained in the application will always include the most recent findings or developments with respect to the particular material.
Although we make reasonable efforts to update the information on our applications, we do not guarantee that the content on our applications is accurate, complete or up-to-date.
If you are a consumer user, please note that we only provide our applications for domestic and private use. You agree not to use our applications for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your device, equipment, programs, data or other proprietary material due to your use of our applications or to your downloading of any content on it, or on any applications or website linked to it.
We assume no responsibility for the content of applications or websites linked on our applications. Such links should not be interpreted as endorsement by us of those linked applications or websites. We will not be liable for any loss or damage that may arise from your use of them.
Uploading content to our applications
Whenever you make use of a feature that allows you to upload content to our applications, or to make contact with other users of our applications, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our applications will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the applications a limited license to use, store and copy that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our applications constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our applications.
We have the right to remove any posting you make on our applications if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our applications do not represent our views or values.
You are solely responsible for securing and backing up your content.
We do not guarantee that our applications will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our applications. You should use your own virus protection software.
You must not misuse our applications by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our applications, the server on which our applications are stored or any server, computer or database connected to our applications. You must not attack our applications via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our applications will cease immediately.
Linking to our applications
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our applications in any application that is not owned by you.
Our applications must not be framed on any other application, nor may you create a link to any part of our applications other than the home page.
We reserve the right to withdraw linking permission without notice.
The applications in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our applications other than that set out above, please contact firstname.lastname@example.org.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer or device if you agree. Cookies contain information that is transferred to the hard drive of your computer or device.
We use the following cookies:
You block cookies by activating the setting that allow you to refuse the setting of all or some cookies. However, if you use block all cookies (including essential cookies) you may not be able to access all or parts of our applications.
Except for essential cookies, all cookies will expire after two weeks.
Third party links and resources in our applications
Where our applications contain links to other applications and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those applications or resources.
This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that MindMate, in its sole discretion, may terminate your password, account (in whole or in part), or use of the applications, and remove and discard any content within on of the applications, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.
To contact us, please email email@example.com.
MindMate Ltd ("MindMate", "our", "we", or "us") are committed to protecting and respecting your privacy.
SCOPE OF POLICY
For the purpose of the Data Protection Act 1998, the data controller is MindMate Ltd of 94 Hope Street, Glasgow, G2 6PH.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
Uses made of your information
We use information held about you in the following ways:
Submitted Information: Provide the service to our users (user account details, pictures, "About Me" entries, chat conversations, reminders, to-do lists, notes)
Device information: Statistical analysis
Content Information: Provide the service to our users (user account details, pictures, "About Me" entries, chat conversations, reminders, to-do lists, notes)
Log information: Statistical analysis
Location information: Statistical analysis
Unique application numbers: Statistical analysis, Notifications sent to the user.
We may associate any category of information with any other category of information and will treat the combined information as personal data in accordance with this policy for as long as it is combined.
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with anonymous aggregate information about our users (for example, we may inform them that 500 women aged under 25 have clicked on their advertisement or service on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, men in G1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
Disclosure of your information
We may disclose some or all of the data we collect from you when you download or use the Apps to the following third parties:
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.
We may disclose your personal information to third parties:
Where we store your personal data
All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using Secured Sockets Layer technology. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our applications, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our applications. Any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
We may collect and store personal data on your device using applications’ data caches and browser web storage (including HTML 5).
Certain Services include social networking, chat room or forum features. Ensure when using these features that you do not submit any personal data that you do not want to be seen, collected or used by other users.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at 94 Hope Street, Glasgow, G2 6PH or firstname.lastname@example.org.
Our applications may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which the Apps or the Services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
Access to information
The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
PLEASE READ THIS ACCEPTABLE USE POLICY CAREFULLY BEFORE USING THIS
APPLICATIONS MINDMATE ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our Applications MindMate, MindMate Plus and MindMate Pro (our Applications). This acceptable use policy applies to all users of, and visitors to, our Applications.
MindMate, MindMate Plus and MindMate Pro are applications operated by MindMate Limited ("MindMate", "our", "we", or "us"), with registered office at 94 Hope Street, Glasgow, G2 6PH in Scotland under company number SC501984.
You may use our Applications only for lawful purposes. You may not use our Applications:
We may from time to time provide interactive services on our Applications, including, but not limited to:
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Applications, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Applications, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not a perfect solution. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our Applications (contributions), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Applications. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our Applications.