Terms and Conditions
1. THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we supply products in the form of the Mindamigo app (the App) to you.
1.2. Why you should read them. Please read these terms carefully before you download the App. These terms tell you who we are, how we will provide the App to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are Mindamigo Limited a company registered in England and Wales. Our company registration number is 11562829 and our registered office is at 16 Commerce Square, Lace Market, Nottingham, England, NG1 1HS.
2.2. How to contact us. You can contact us by telephoning our customer service team at 0115 857 4217 or by writing to us at getintouch@mindamigo.com
2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when you download the App.
2.4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1. How we will accept your order. Our acceptance of your order will take place when we accept your request to download the App, at which point a contract will come into existence between you and us.
3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the App.
4. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the App or subscription you have ordered please make these changes through the App. The changes you make are likely to change the price of the App and timing of payment.
5. OUR RIGHTS TO MAKE CHANGES
5.1. Minor changes to the App. We may change the App:
5.1.1. to reflect changes in relevant laws and regulatory requirements; and
5.1.2. to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the App.
5.2. Changes and updates to the App. We may change, update or require you to update the App, provided that the App shall always match the description of it that we provided to you before you bought it. If we made any changes, we will notify you and you may then end the contract before the changes make effect, see clause 7.1.2.
6. PROVIDING THE APP
6.1.1. If we provide the free App. We will make the App available for download by you as soon as we accept your order.
6.1.2. If we provide a subscription to the App. We will make the App features available for download as soon as we accept your order and payment is received. We will supply the App to you until you end the contract as described in clause 7 or we end the as described in clause 9.
6.2. We are not responsible for delays outside our control. If our supply of the App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
6.3. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the App to you, for example, user’s login information. We may request this information from you when you download the App or subscribe to the App. If you do not give us this information, you may be unable to create a subscription account.
7. YOUR RIGHTS TO END THE CONTRACT
7.1. You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with it, how we are performing and when you decide to end the contract:
7.1.1. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the App repaired or replaced or to get some or all of your money back), see clause 10;
7.1.2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
7.1.3. If you have just changed your mind about the App, see clause 7.3; and
7.1.4. In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.5.
7.2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (7.2.1) to (7.2.3) below the contract will end immediately.
The reasons are:
7.2.1. we have told you about an upcoming change to the App or these terms which you do not agree to, see clause 5.2;
7.2.2. we have told you about an error in the price or description of the App you have ordered and you do not wish to proceed; or
7.2.3. you have a legal right to end the contract because of something we have done wrong.
7.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4. How long do I have to change my mind? You have 14 days after the day we accept your order, or, if earlier, until you start downloading. You agree that we may deliver the App to you immediately and you acknowledge that, if we do so then you will lose the right to change your mind as referred to in clause 7.3.
7.5. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract at any time (see clause 8.1).
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1. You can end the contract with us at any time directly through the Android Play store or Apple App store.
8.2. You will not be entitled to receive a refund unless you are ending the contract in accordance to clause 7.1.1.
9. OUR RIGHTS TO END THE CONTRACT
9.1. We may end the contract if you break it. We may end the contract for the App at any time if you do not make any payment to us when it is due.
9.2. We may withdraw the App. We may write to you to let you know that we are going to stop providing the App. We will let you know at least two weeks in advance of our stopping the supply of the App.
10. IF THERE IS A PROBLEM WITH THE APP
10.1. How to tell us about problems. If you have any questions or complaints about the App, please contact us. You can email our customer service team at getintouch@mindamigo.com or write to us at 16 Commerce Square, Lace Market, Nottingham, NG1 1HS.
10.2. Summary of your legal rights. We are under a legal duty to supply the App that is in conformity with this contract. See the box below for a summary of your key legal rights in relation to the App. Nothing in these terms will affect your legal rights. Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says digital content (including the App) must be as described, fit for purpose and of satisfactory quality:
b) If your digital content (the App) is faulty, you’re entitled to a repair or a replacement.
c) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
d) 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 See also clause 7.3.
11. PRICE AND PAYMENT
11.1. Where to find the price for the App. The price of the App (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the App advised to you is correct. However please see clause 11.2 for what happens if we discover an error in the price of the App you order.
11.2. What happens if we got the price wrong. It is always possible that, despite our best efforts, the App we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the App’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the App’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
11.3. When you must pay and how you must pay. We accept payment through the Apple App store or Android Play store. When you must pay depends on what App you are buying:
11.4. For the App, you are not required to pay for the App.
11.4.1. For subscriptions, you must pay in advance according to the plan you select when you begin the subscription. Unless stated otherwise, the fee will be payable in monthly instalments in advance, with the first payment being made at the commencement of the subscription. Where any fees are stated as weekly amounts, the amount due each month shall be calculated on the basis of a 52-week year with payments spread evenly across the 12 months. Where any fees are stated as yearly amounts, the amount due each year shall be paid in advance of that year, with the first payment being made at the commencement of the subscription. Your subscription will continue until the contract is brought to an end by you or us.
11.5. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1. We are responsible to you for foreseeable loss and damage caused by us. 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, for example, if you discussed it with us during the sales process.
12.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the App as summarised at clause 10.2.
12.3. When we are liable for damage to your property. If the App we have supplied is defective and 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.
12.4. We are not liable for business losses. We only supply the App for domestic and private use. If you use the App 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.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
14. OTHER IMPORTANT TERMS
14.1. We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may end the contract, see clause 7.1.2.
14.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4. If a court finds part of this contract illegal, the rest will continue in force.
14.5. Even if we delay in enforcing this contract, we can still enforce it later.
14.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the App in the English courts.