Terms and Conditions are designed to protect you and us. If in doubt about anything, please e-mail us.
General Statement

Every effort has been taken to design our web site and products and services to be useful, informative, helpful, honest and fun. If you feel this has not been achieved then please contact us and let us know.

By using the mindonedigital.com website and by accessing any of our products and services, you agree to the following Terms and Conditions. Should you not agree with these terms, then do not use this site and destroy all of our materials relating to it.

We at mindonedigital.com reserve the right to make any modifications to the Terms and Conditions at any time. It is your duty as an individual and/or organization to continue to check these terms at your own discretion. Continued use and access of the  mindonedigital.com web site and any of our products and services means that you accept any changes which may take place. For the sake of clarification, products and service means any product or service provided on the mindonedigital.com website, regardless of the nature, price or market orientation of the product or service in question.

Mind One Digital Ltd. Registered in Scotland Number SC401083. Registered Address: 24 Great King Street, Edinburgh, EH3 6QN, United Kingdom

Restrictions on Use of Our Online Materials

All online materials on the mindonedigital.com web site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usage rights are owned and controlled by mindonedigital.com or licensed to us. You, the visitor, may download online materials for non-commercial, personal use only provided you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download any materials to a database, server, or personal computer for reuse for commercial purposes. 5) that you have let us know in advance of your actions, and that your actions have been acknowledged by us and registered in our database.

You may not copy, reproduce, republish, upload, post, transmit or distribute online materials in any way or for any other purpose unless you get our written permission at mindonedigital.com first. Neither may you add, delete, distort or misrepresent any content on the mindonedigital.com site. Any attempts to modify any online material, or to defeat or circumvent our security features is prohibited and may lead to prosecution.

Everything you download, including software, files, data and all images incorporated in or generated by software, is considered licensed to you by mindonedigital.com or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. We retain full and complete title to the software and to all of the associated intellectual-property rights. You are not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that can be used by yourself, any organization or any individual.

Submitting Your Online Material to Us

All remarks, suggestions, ideas, graphics, comments, or other information that you send to mindonedigital.com through our site (other than information we promise to protect under our privacy policy) becomes and remains our property, even if this agreement is later terminated.

We do not treat any such submission as confidential. We have no liability to you or anyone for any ideas that you submit to us. If we use any idea, or a transmogrification of them, we do not have to pay yourself, any organization or individual any amount of money, or anything of value at all. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our mindonedigital.com mission, without compensating you or anyone else for them.

You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Limitation of Liability

mindonedigital.com, its associated websites and Mind One Digital WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE, PRODUCTS OR SERVICES.

THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY:

  • USE OF (OR INABILITY TO USE) THE SITE
  • USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
  • FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
  • ERROR ON OUR SITE
  • OMISSION ON OUR SITE
  • INTERRUPTION OF AVAILABILITY OF OUR SITE
  • DEFECT ON OUR SITE
  • DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
  • COMPUTER VIRUS OR LINE FAILURE
  • DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
  • DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
  • OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTAL DAMAGES.")
  • WE ARE NOT LIABLE EVEN IF WE HAVE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

IN ANY EVENT, OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE COST INCURRED TO ACCESS THE SITE.

Links to Other Sites Or Relations To Other Sites

We sometimes provide referrals to and links to other world wide web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your www browser to see if you are still in a mindonedigital.com-operated site or have moved to another site. mindonedigital.com is not responsible for the content or practices of third party sites that may be linked to our site. When mindonedigital.com provides links or references to other web sites, no inference or assumption should be made and no representation should be inferred that mindonedigital.com is connected with, operates or controls these web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any mindonedigital.com site or endorsement, sponsorship or support of mindonedigital.com, including its respective employees, agents, authors or directors.

Also, material on our website may make claims to mindonedigital.com having been displayed on various independent media agency material. These claims are based upon our online advert impressions appearing on the respective website of the agency. This is by permission of the agency to allow adverts to appear on their website, because they had agreed to the Google terms and conditions which had allowed such adverts to be displayed in the first place. By you reading this text, and/or being on our website, you agree to hold mindonedigital.com and all of its associates, free of any liability of any kind in any form whatsoever relating to the display of our ads.

Disclaimer

Every effort has been made to accurately represent our products/services and their potential. Materials in our product and our website may contain information that includes or is based upon forward-looking statements. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as "anticipate", "estimate", "expect", "project", "intend", "plan", "believe" and other words and terms of similar meaning in connection with a description of performance. These forward looking statements are the results which will incur if you follow our instructions.

Material on our website may make claims to our products being displayed on various independent media agency material. These claims are based upon our online advert impressions appearing on the respective website of the agency. This is by permission of the agency to allow adverts to appear on their website, because they had accepted the terms and conditions of the ad displayer to allow our adverts to be displayed there in the first place.

Medical Note

Nothing on the mindonedigital.com website or in any of our products, services or literature is to be regarded as medical, psychiatric or clinical advice. You are solely responsible for your actions and mindonedigital.com is not responsible for any of your actions in any way shape or form. By reading this text, and entering our website, you agree to hold immune mindonedigital.com and all its associates from any liability whatsoever. If you are in doubt as to the medical status or appropriateness of our techniques and programs for you, please consult a medical or psychiatric professional. If you have any illness or condition which may be affected by use of our techniques and programs, please consult a medical or psychiatric professional in advance of commencement of any program.

Specific Trademarks, Copyrights, Patents And Intellectual Property

All products of Mind One Digital Ltd and mindonedigital.com are trademarks of mindonedigital.com which is owned by or licensed to Mind One Digital Ltd. By accessing our site or any of our products or literature, whether as a visitor, investor, prospect, customer, partner or in any other way, you have no right, ownership or claim to any of our trademarks whatsoever. All our trademarks belong exclusively to us or are licensed to us, or are our sole intellectual property. All website material on mindonedigital.com are Copyright 2009-2011 Mind One Digital Ltd. All Rights Reserved. Our material is registered in multiple jurisdictions and protected globally under the Berne Convention. Any illegal use of our trademarks or any of our material will lead to prosecution to the maximum extent possible by law. This does not affect any of our other rights outlined in other clauses of these Terms and Conditions, or other remedies under these Terms and Conditions.

 

Furthermore, all images used on this site or any of our literature, products and services are either owned by us, or licensed to us. If at any time it is found that the validity of a license on an image is in question, we have no liability, whether financial or otherwise to anyone whatsoever for any reason. We will also only deal exclusively with the copyright holder of an image to discuss any queries and not any of their "agents", even if the copyright holder chooses to designate such "agents" through agreements between the agent and copyright holder. Any agreement between a copyright holder and their agent is strictly between the copyright holder and the agent, and therefore does not affect our right to communicate directly and exclusively with the copyright holder alone. The copyright holder is defined as the person who is the copyright owner of the work in question. An agent is defined as any entity besides the copyright holder, who deals, negotiates or communicates on behalf or for the copyright holder. Finally, any copyright holder will need to prove that they are the copyright holder before we can embark on any negotiations or discussions.

 

In regards to patents: all technology used in the production and in use of our materials are either owned by us, or licensed to us. In a case where the validity of a license on a technology is in question, we will have no liability, financial or otherwise to anyone whatsoever for any reason. We will also only communicate directly with the patent holder to discuss any queries and not any of their agents or intermediaries, even if the patent holder chooses to designate such agents through agreements between the patent holder and the agent. Any agreement between the patent holder and agent is exclusively between the patent holder and the agent, and does not affect our rights in anyway, to be able and have the right to communicate directly and exclusively with the patent holder alone. The patent holder is defined as the person or organisation who are the registered patent owner of the technology in question in the jurisdictions where the patent applies. An agent is defined as any entity besides the patents holder, who deals, negotiates or communicates on behalf or for the patent holder. Finally, any patent holder will need to prove that they are the patent holder before we can embark on any negotiations or discussions.

 

By reading these Terms And Conditions or accessing anything on our site or any of our literature, you agree to the terms of this clause and all other clauses in this document.

 

Licenses

 

On ordering any of our products and services, you agree to adhere to these terms and conditions, by which mindonedigital.com will issue you a license. On ordering any of our products or services, mindonedigital.com grants you a royalty free and worldwide license for personal use of the said product or service. This license is represented by a code designated by a series of numbers and letters and is exclusive to you. You are not allowed in any way to distribute your license or product to others. This will result in access to the products being denied, and may lead to prosecution action. Furthermore, if you are not issued a license: a) you must purchase a license immediately from us and b) you are still subject to the Terms And Conditions outlined in this document regardless. Also every single customer who purchases a product from us, or orders a service, will be issued a license which is personal to them. This license allows them to use the product or service for their personal use only. A license issued to you therefore does not affect the licenses and license rights issued to others.

 

By purchasing any of our products, you also agree that we can record information to prevent fraud, including your geographic location and I.P. address, and these details will be registered in our licensing database. You also agree to allow us to fit our guides, services and products with tracking device software to deter fraudulent use which will record your name, geographic location, I.P address, serial number and license number.  By purchasing or accessing any of our material and/or possessing it on your computer, you unconditionally accept and allow our tracking devices to be fitted on our guides and products to obtain this information. This does not affect any of our rights outlined in other clauses of these Terms and Conditions which still apply. Our tracking devices will not under any circumstances record "strictly personal details" which is any information outside the scope of I.P address, geographic location, your name, serial number of the product in question and license number.

 

Furthermore, we will not be responsible for any damages, injury or liability in anyway arising from use of the licensing system. Please see the Limitation Of Liability Clause.

Refund Policy

In compliance with EU legislation, all shoppers have the right to cancel within seven days of their contract with us, or seven days of receipt of the goods (whichever is the longer). If the shopper does cancel their order, they will have their payment returned promptly. For digital downloads, the customer must delete the downloads off their computer. For physical products, please return them to Mind One Digital Ltd, Bonnington Bond, 2 Anderson Place, Edinburgh, EH6 5NP, United Kingdom

Termination of The Terms And Conditions

This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all mindonedigital.com web sites, along with all related documentation and all copies and installations. mindonedigital.com may terminate this agreement at any time and without notice to you, if, in our sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by us providing materials to you via our web site, we do not in any way promise that the materials will remain available to you. mindonedigital.com is entitled to terminate all or any part of any of its web site without any notice to you of any kind.

Jurisdiction and Other Points to Consider

If you use our web site from locations outside of the United Kingdom, you are responsible for compliance with any applicable local laws.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the United Kingdom, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate mindonedigital.com and/or its affiliates' intellectual property rights, mindonedigital.com and/or its affiliates may seek injunctive or other appropriate relief in any court in the United Kingdom.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator. Any costs and fees other than lawyer fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

mindonedigital.com may modify these Terms and conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you.

End Of Terms And Conditions