Terms & Conditions

Terms and Conditions of Use

Please read these terms and conditions carefully before using this site and/or our applications.

These terms of use (together with the documents referred to in it) tells you the terms on which you may make use of our website www.mindstoreonline.com (our site) and our applications which can be downloaded on to mobile telephones and/or tablets (the site and the applications are together referred to as the ‘Platform’). Use of our Platforms includes accessing, browsing, registering to use our Platforms and/or purchasing one or any of our digital programs (‘Programs’).

Please read these terms of use carefully before you start to use our Platforms, as these will apply to your use of our Platforms. We recommend that you print a copy of this for future reference. By using our Platforms, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our Platforms.

Other applicable terms

These terms refer to the following additional terms, which also apply to your use of our Platforms:

• Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Platforms, you consent to such processing and you warrant that all data provided by you is accurate.
• Our Cookie Policy which sets out information about the cookies on our Platforms.
• Our Terms and Conditions of Sale which are applicable if you buy one of our Programs.

Information about us

www.mindstoreonline.com is a site operated by MindStore International Limited. We are a limited company registered in Scotland under company number SC270146 and our registered office is at 28-30 North Street, Dalry, Ayrshire, KA24 5DW. Our VAT number is GB847 2396 96

Changes to these terms
We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our Platforms

We may update our Platforms from time to time, and may change the content at anytime. However, please note that any of the content on our Platforms may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Platforms, or any content on it including Programs, will be free from errors or omissions.

Accessing our Platforms

Our Platforms are made available free of charge. We do not guarantee that our Platforms, or any content on it, will always be available or be uninterrupted. Access to our Platforms is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Platforms without notice. We will not be liable to you if for any reason our Platforms are unavailable at any time or for any period, except where this means you cannot access a Program in which case our Terms and Conditions of Sale will apply. You are responsible for making all arrangements necessary for you to have access to our Platforms.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our Platforms, and in the material published on it. All such rights are reserved.You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal use and you may draw the attention of others to content posted on our Platform. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Platforms must always be acknowledged.You must not use any part of the content on our Platforms for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Platforms in breach of these terms of use, your right to use our Platforms will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Soundtrack of Line in the Sand Program courtesy of Ed Peppitt: www.ballonview.com with background music by Johann Kotze: www.beingambientmusic.com

No reliance on information

The content on our Platforms is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platforms. Although we make reasonable efforts to update the information on our Platforms, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up-to-date.

Limitation of our liability

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Platforms or any content on it, whether express or implied. To the extent permitted by law, we will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our Platforms;or
• use of or reliance on any content displayed on our Platforms.

You agree not to use our Platforms for any commercial or business purposes, and we have no liability to you for any indirect and/or consequential loss including loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not guarantee that our Platforms will be secure or free from bugs or viruses. You should use your own virus protection software. 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 computer equipment, computer programs, data or other proprietary material due to your use of our Platforms or to your downloading of any content on it, or on any website linked to it except as otherwise stated in the Terms and Conditions of Sale. We assume no responsibility for the content of websites linked on our Platforms. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods and/or services by us to you, which are set out in our Terms and Conditions.

Viruses

You must not misuse our Platforms 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 Platforms, the server on which our Platforms are stored or any server, computer or database connected to our Platforms. You must not attack our Platforms via a denial-of-service attack or a distributed denial-of service attack. In the event of such action, your right to use our Platforms will cease immediately.

Linking to our site

You may link to our home page, 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 site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.If you wish to make any use of content on our Platforms other than that set out above, please contact mol@mindstoreonline.com

Applicable law

Please note that these terms of use, its subject matter and its formation, are governed by Scottish law. You and we both agree that the courts of Scotland will have exclusive jurisdiction.

To contact us, please email mol@mindstoreonline.com

MindStore International Ltd

Terms and Conditions of Sale

1. These Terms

1.1. These are the Terms and Conditions in which we, MindStore International Limited, supply digital content (“Programs”) to you via www.mindstoreonline.com (“the site”) and/or any mobile application.

1.2. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Programs to you, how you and we may change or end the contract, what to do if there is a problem and other important information. These terms incorporate our Terms of Use, Privacy Policy and Cookie Policy. If you do not wish to be bound by these terms and other documents referred to in these terms, do not purchase a Program.

1.3. If required by local or international law, you agree to sign a non-electronic version of these terms.

2. Information about us and how to contact us

2.1. We are MindStore International Limited, a company registered in Scotland. Our company registration number is SC270146 and our registered office is at 28-30 North Street, Dalry, Ayrshire, KA24 5DW. Our registered VAT number is GB847 2396 96.

2.2. You can contact our customer service by email via the online ‘contact us’ form at mol@mindstoreonline.com, or writing to us at 28-30 North Street, Dalry, Ayrshire, KA24 5DW.

2.3. If we have to contact you we will do so by writing to you with the email address or postal address you provided to us in your order.

2.4. When we use the words “writing” or “written” in these terms, this includes emails.

3. How Do You Purchase A Program

3.1. To purchase a Program, you must be over the age of 18 and create an account on our site. You may then submit an order to purchase one or more of our Programs.

3.2. To create an account, you must provide us with a password and a valid email address. When purchasing a Program from us we will require your full name, postal address and telephone number. All personal information provided must be accurate and will be held by us in accordance with our Privacy Policy .

3.3. You should keep your account information confidential and secure. We recommend that you do not give your account information to anyone else. We shall not be responsible for any losses arising out of the unauthorised use of your account. If you are aware that the security of your account has, or is in danger of, being breached, please let us know immediately.You may be held responsible for any loss we suffer as a result of a third party using your account.

3.4. Our acceptance of your order will take place when we send you a confirmatory email, at which point a contract will come into existence between you and us. We will make the Program available for download by you at the same time as we send the confirmatory email or immediately thereafter.

3.5. If we are unable to accept your order (for whatever reason including where payment cannot be taken), we will inform you of this during the ordering process and you will not be charged for the Program.

4.0 Price

4.1. All prices are inclusive of VAT where applicable at the current rate. You must pay for the Programs before you download them.

4.2. While unlikely, it is possible that some of the prices on the site may be incorrectly priced. We will verify prices as part of our sales procedure so that the correct price will be stated when you pay for the Program. If we discover a manifest error with our prices then we may cancel your order and refund you. In such circumstances, we reserve the right to terminate your access to the Program immediately and without notice.

4.3. You may pay using credit or debit card or via PayPal. All payment methods are subject to validation checks (which you consent to) and authorisation by the card issuer. If payment is refused for whatever reason, we will not accept your order. Notwithstanding the foregoing, if an error occurs and we do accept your order in such circumstances, we reserve the right to terminate your access to the Program with immediate effect and without notice.

5. The Program

5.1. Once purchased, the Program will be available to you via your account which is accessible via our web site and on our mobile applications, which can be downloaded onto mobile telephones, laptop computers, PC’s and/or various tablets.

5.2. Before purchasing the Program, you should satisfy yourself that it will be accessible on your specific computer hardware and/or mobile/tablet. We provide no guarantee relative to the operability of the Program on any specific computer hardware and software platform.

5.3. The Program is made available to you under these terms on a non-exclusive, non-sub-licensable, non-transferable licence. The licence is personal to you and you may not allow others to use the Program without our permission. You are also not permitted to duplicate, copy, reverse-engineer, create derivate works or distribute the Program or any part of it without our prior written permission.

5.4. We only supply the Program for domestic and private use. You are not permitted to use the Program 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.

5.5. All legal rights and title, including intellectual property rights, in the program belong and shall remain with us or our licensors.

5.6. Where a module/day within a Program includes a meditation, the meditation component should not be listened to in a moving vehicle, when operating machinery, or in an environment when your full attention is required.

5.7. The Program does not provide you with medical, financial or other professional counselling advice and is not intended as a substitute for the advice and/or supervision of professional services, consultation or supervision you may need.

6. Our Rights To Make Changes

6.1. 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 security threat.

6.2. 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. Your Rights To End The Contract

7.1. The Program will be made available to you for download at the same time as, or immediately following, when we send you our confirmatory email following submission of your order. You will no longer have a right to cancel this contract and/or the purchase of the relevant Program once the Program has been made available to you. By agreeing to these terms and submitting your order, you are requesting us to provide you with the Program immediately and acknowledge that you will lose your cancellation rights once it is available to you.

7.2. In the unlikely event, for whatever reason, a Program is not available to download immediately, you may cancel the contract within 14 days from the day after we confirm your order. Should you choose not to cancel within 14 days and we have still not provided you with access to the Program (for whatever reason), you can still cancel the contract for non-delivery.

7.3. If you do choose to treat the contract as at an end for late delivery under clause 7.2, you can cancel your order for the relevant Program. After that we will refund any sums you have paid to us for the cancelled Program. This is your sole remedy.

8. How To End The Contract With Us

8.1. To end the contract with us if we fail to make the Program available to you, please let us know by doing one of the following:

(a) Email. Complete the cancellation form attached as Annex 1 to these terms and scan it back to us to the email address noted on the form. Alternatively email customer services using the online ‘contact us’ form at mol@mindstoreonline.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b) By Post. Cut, paste and print the cancellation form and post it to us at the address on the form. Or simply write to us at that address, including the information required in the form.

8.2. We will refund you the price you paid for the Program, by the method you used for payment. We will make any refunds due to you as soon as possible.

9. Our Rights To End The Contract

9.1. We may end the contract and terminate your access to the relevant Program with immediate effect and without notice if:

(a) you do not make any payment to us when it is due;

(b) you materially breach these terms, and where such breach is capable of remedy, you do not remedy the breach within twenty-four (24) hours of us requesting you to do so;

(c) if we are unable to perform the contract due to circumstances outwith our reasonable control; and

(d) any of the situations in clauses 4.2 and/or and 4.3 arise.

10. If There Is A Problem With The Program

10.1. If you have any questions or complaints about the Program or our service, please contact us. You can email us at mol@mindstoreonline.com or telephone +44 (0) 7525 452758 or write to us at MindStore International Limited, 28-30 North Street, Dalry, North Ayrshire, KA24 5DW.

10.2. We are under a legal duty to supply Programs that are in conformity with this contract. See the points below for a summary of your key legal rights in relation to the Programs. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality;

• if your digital content is faulty, you’re entitled to a repair or a replacement.
• if the fault can’t be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back.
• 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.

11. Our Responsibility For Loss Or Damage Suffered By You

11.1. 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.

11.2. 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.

11.3. Notwithstanding clauses 11.1 and 11.2, we shall not be liable for indirect and consequential loss arising under or in relation to this Agreement. Except where otherwise stated in these terms, we also exclude all warranties of any kind, implied or express, in relation to the Program in so far as we are able to do so under applicable law.

11.4. Our entire aggregate liability to you under or in relation to these terms including in relation to any breach of contract (including non-performance or negligence), delict, or otherwise shall be limited to Five Hundred Pounds (£500) STERLING. For the avoidance of doubt this limitation on our liability will not apply to loss incurred by you as a result of: (i) the Program failing to be of satisfactory quality; (ii) the Program failing to be fit for the purpose communicated by you to us and confirmed by us to you prior to you ordering the Program; (iii) the Program not being as described by us; (iv) where it is found that we do not have the right to supply the Programs; (v) our failure to provide you with the necessary information required under Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; and (vi) anything that cannot be excluded by law.

12. Other Important Terms

12.1. We may transfer our rights and obligations under these terms to another organisation. You need our consent to transfer your rights to someone else.

12.2. 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.

12.3. 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.

12.4. The contract between MindStore International Ltd and you for the purchase of the Program shall be concluded in English only. We will not retain a copy of the version of the T&Cs you have agreed to in relation to the purchase of this Program. We recommend you print a copy of these terms, as well as our Privacy Policy and Cookie Policy, for your records.

12.5. These terms are governed by Scottish law and you can bring legal proceedings in respect of the products in the Scottish courts exclusively.

Annex 1 Model Cancellation Form

To: Mindstore International Limited, 28-30 North Street, Dalry, Ayrshire, KA24 5DW or mol@mindstoreonline.com

I hereby give notice that I would like to cancel my contract for the purchase of [x], on the basis that you have failed to make it available to me.

Name: [Consumer to insert name]

Address: [Consumer to insert address]

Email Address: [Consumer to insert email address]

Date of Order: [Consumer to insert email address]

Signature: [Only if this is posted to Mindstore as opposed to submitting it online]

Date: [Consumer to insert date]