Terms of Website Sale

1. These Terms

These terms and conditions (together with any documents referred to in them) (Terms) govern our provision and your use as a subscriber or one-time purchaser (as applicable) of any Mindtools’ online service (Service) made available via the Website. Please read them carefully before subscribing to or purchasing the Service.  

We may amend these Terms from time to time and it is your responsibility to read these Terms each time you use the Service. If you reasonably believe that any amendment to the Terms seriously impacts you negatively, you can terminate your subscription or purchase immediately by emailing our customer services team at  mtecustomerservices@mindtools.com provided that if you continue to use the Service after we amend these Terms, you will be deemed to have agreed to the change.  

We provide the Service only in accordance with these Terms. If you do not agree with any of these Terms, you may not use the Service. By registering as a subscriber or otherwise purchasing a Service from us, you agree to accept the following Terms and acknowledge they are legally binding on you.  

In these Terms: 

2. Information About Us and How to Contact Us 

Mind Tools Ltd is registered in Scotland with company number SC202102. We have our registered office at Mind Tools Ltd, 21 Young Street, Edinburgh, Scotland, EH2 4HU. 

We care very much about the standard of the Service, and we want to hear from you. If you are not satisfied in any way or don’t understand anything in these Terms and want to talk to us about them, please email our customer services team at  mtecustomerservices@mindtools.com. 

3. Our Obligations 

We will provide you with access to your subscribed or purchased (as applicable) Service. Your rights to the Service vary depending on the subscription you have chosen to open with us or purchase from us. We will supply the Service until: (a) where you have an ongoing subscription to a Service, your subscription expires; or (b) where you purchase a Service as a one-time purchase (i.e. without a subscription), you have used the Service; or (c) either of us end the contract as described in paragraph 6. 

When we obtain any personal information about you, we will only use it in accordance with our Privacy Policy, which explains what personal information we collect and hold about you, how we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.  

We will provide the Service to you with reasonable care and skill and will use our reasonable endeavours to maintain continuity of Service. However, we cannot guarantee that the Service will be continuous or error free. 

Whilst we will take reasonable care in providing the Service: (a) we may not monitor those portions of the Service which are generated by other users of the Service (for example, other user comments). We take no responsibility for material that has not been created by us; and (b) any contract you may make with others via the Service is entered into at your own risk and we make no representation as to whether you will be satisfied with what others provide to you.  

We reserve the right to change or delete any material or postings generated by you to ensure compliance with the Terms and to protect our interests.  

4. Materials and Intellectual Property 

You acknowledge that you are solely responsible for the form, content and accuracy of any material introduced by you and ensuring that your use of any forum associated with the Service will comply with these Terms. 

We are the owner or the licensee of all intellectual property rights (including, but not limited to, all copyright, trademarks, domain names and database rights) in our Website, the Service and in the material (including, any text, images, video, audio or other multimedia content) published on them.  

We and our licensors reserve all our intellectual property rights whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit. 

Resources accessible through the Website and Service are licensed to you during the term of: (a) your subscription to the Service; or (b) permitted use of a one-time purchase Service (as applicable), in each case, for your personal and domestic use. Your right to use those resources ceases when your subscription is cancelled or access to a one-time purchase ends. 

5. Payment and Validity 

The fees for the Service and promotions are detailed on www.mindtools.com. Where other fees or payment arrangements apply, these are as defined on the sign up or ordering pages on the Website. 

For subscription-based Services, we offer 1-month, 3-month, annual and 3-year subscriptions. Your subscription starts on the date you purchase it and will automatically renew at the end of the current subscription term for periods equivalent to your initial subscription term, until you cancel or we terminate your subscription in accordance with paragraph 6. That means: (a) if you have a monthly subscription, the initial term is one month and each renewal term will be one month; (b) if you have a 3-month subscription, the initial term is 3 months and each renewal term will be 3 months; (c) if you have an annual membership, the initial term is 12 months and each renewal term will be 12 months; and (d) if you have an 3-year subscription, the initial term is 36 months month and each renewal term will be 36 months.  

Unless agreed otherwise, all our charges are inclusive of any applicable value added or other sales tax. VAT for EU countries will be calculated based on the billing address of the cardholder. 

Unless otherwise agreed with us, your subscription or one-time purchase (as applicable) is non-transferable and may not be resold. 

Discounts are only available for subscriptions and one-time purchases via the Website, and only available to new users unless otherwise stated by us. 

6. Suspension and Cancellation Rights  

You may cancel your subscription (including any free trial) to the Service at any time by visiting the subscription & billing section of your account or emailing: mtecustomerservices@mindtools.com.   

Your cancellation will be effective at the end of your current subscription period and you will continue to have access to the Service during that time. That means cancellation of a monthly, 3-month, annual or 3-year subscription is effective at the end of the applicable monthly, 3-month, annual or 3-year period (as applicable).   

If you sign up for a free trial to a subscription Service, you can cancel your subscription without charge provided you do so with 7 days after you subscribe to the trial. If you don’t cancel your trial within that period, you will move onto your paid subscription when the trial ends and authorise us to automatically charge you the agreed price for the subscription until you cancel the paid subscription. 

If you purchase a paid subscription Service with no free trial, you agree you have a right to withdraw from your contract with us and cancel your subscription within fourteen (14) days after  purchase without giving any reasons, however, we will only issue you a full refund of fees paid if you have not started using the paid subscription Service during the withdrawal period. If you requested that we begin the performance of the contract related to a paid subscription during the withdrawal period, we may withhold from the refund the value the paid subscription Services provided to you to the time you cancel.  

If you purchase a one-time purchase Service, you agree you have a right to withdraw from your contract with us and cancel your subscription within fourteen (14) days after purchase without giving any reasons, however, we will only issue you a refund of fees paid if you have not requested that we begin the performance of the contract  related to a one-time purchase Service during the withdrawal period. If you do, you lose your right of withdrawal.  

The withdrawal period will expire after 14 days from the day of the conclusion of the contract related to paid subscription or one-time purchase Services (as applicable). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the rights of withdrawal before the withdrawal period ends. If you are entitled to a full or partial refund, we will reimburse you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the contract.  

We may suspend your access to the Service: (a) if we suspect that you have misused the Services or have breached these Terms, in which case (without prejudice to our rights to terminate your subscription or access) we will take steps to investigate the issue following which we may restore or continue to suspend access; (b) if you fail to pay any sums due by the payment date, in which case we will restore access to the Service after we receive payment in full and cleared funds; or (c) if required by law, or by court, governmental or regulatory order. You are required to continue to pay the fees during any period of suspension, even though you may not have access to all or part of the Service. 

If you breach these Terms (including by failing to pay us the fees for your subscription or one-time purchase when due) we can immediately terminate your subscription or access to the one-time purchase Service. If we terminate your subscription or access under this paragraph, to the maximum extent permitted by law, you will not be entitled to a refund of any fees you have paid in advance.  

We also reserve the right to cancel your subscription or access to the one-time purchase Service if you haven’t breached these Terms at our discretion. If we cancel your subscription or access under this paragraph, we will refund on a pro-rata basis. Fees for any future months’ subscription remaining or access that has not been granted (as applicable). 

7. Warranty and Liability  

Nothing in these Terms exclude or limit our liability for: (a) death or personal injury arising from our negligence; (b) our fraud or fraudulent misrepresentation; or (c) any other liability the law does not allow us to exclude or limit. 

If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time these Terms were formed, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).  

We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage (for example, loss of business opportunity, business interruption, or loss of profits). 

The Service is provided in the same form to all our subscribers and purchasers. It is your responsibility to make sure the Service meets your individual needs, whether or not these have been discussed with us. 

To the maximum extent permitted by law: (a) our liability to you shall not exceed the amount paid by you for the Service; and (b) we will not be liable if any breach, delay or default by us arises or was contributed to by: (i) a breach of these Terms by you; or (ii) an event or sequence of events beyond our reasonable control preventing or delaying us from performing our obligations. 

The Service relies on several things working properly to enable you to enjoy all their features. Many of these, such as your internet connection and your device, are entirely outside of our control. We are not responsible to you for any delays, interruptions, errors or other problems resulting from use of the internet or electronic communications network, faulty components in your device, or anything else that it would not be reasonable to expect us to control. 

We only provide you with access to the Service for domestic and private use.  

8. General 

You must be at least 16 years old to access and use the Service. 

No one other than us or you have any right to enforce any of these Terms. 

We may transfer or assign our rights and obligations under these Terms to another organisation or appoint third parties to assist us at any time, but this will not affect your rights or our obligations under these Terms. 

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. 

This contract is the entire agreement and understanding between us and all other statements and terms whether written or verbal are excluded to the fullest extent permitted by law. 

If either of us does not at any time act on any rights we have or we delay in doing so, it will not affect the rights of either of us to enforce any rights at a later stage. If either of us choose not to rely on a right which we have, it will not affect any other rights which either of us has. 

The laws of England and Wales apply to these Terms, although if you are resident (in the case of an individual) or incorporated (in the case of a business) elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country. 

Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live. 

9. Mindtools Gift Card Terms and Conditions  

Mindtools Gift Card purchases are non-refundable and cannot be exchanged for money, however this does not affect your cancellation rights. 

Mindtools Gift Cards can be used against any subscription offered at the time of redemption, and if any credit remains after the initial purchase, can be used against additional subscription periods. 

A Mindtools Gift Card cannot be used against multiple accounts. After purchasing, please keep a copy of your email confirmation as proof of purchase as you will be asked to produce this if you need to query the gift card.