skip to content

MindGenius Terms and Conditions of Business


Website Registration, Privacy Policy & Data Protection


MindGenius Ltd are committed to complying with the Data Protection Act 1998 and have published this guide to help you understand how and why MindGenius Ltd collect information from you, to whom such information is disclosed and what your rights are.

What information do we collect and how do we obtain it? 

You can access our MindGenius website home page and browse our site without disclosing your personal data.

However, when you download from the MindGenius website you will be asked to provide certain information such your name and your email address. 

Where an order is placed, additional information (such as credit card, telephone number, shipping address) will be required and requested at point of sale.

How do we use your information?


We use the information that we collect about you to:

  • Confirm the download was successful
  • Process your orders
  • Notify you about enhancements to our services, such as changes to the website, new services and special offers that maybe of interest.


MindGenius may disclose the data collected to MindGenius partners that perform the services described here.


How secure is your information?


The security of your information is of top priority to MindGenius Ltd and our site uses WorldPay services for Secure Credit Card Transactions This organization uses 128 bit SSL encryption technology, which is the industry standard for on-line transactions.

MindGenius Ltd does not sell trade or rent your personal information to others. Please be aware that if we are requested, by the police or any other regulatory or Government authority investigating suspected illegal activities, to provide your information and/or use your information, we are entitled to do so.

What about cookies?


Our online ordering system uses a cookie to record a unique reference on your computer so that we can keep track of your order as you use the system. The cookies do not store any personal or financial information. If your internet browser is set to reject cookies or if your network firewall won't allow them then unfortunately you will not be able to use our on-line purchase facility. Please refer to your internet browser help file to see how to enable cookies on your PC.

Unsubscribing


By using our Web site, you consent to the collection and use of this information by MindGenius Ltd. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it. If you decide you do not want us to contact you, you can request that we stop using your information and that we stop mailing information to you by sending an e-mail to unsubscribe@mindgenius.com with "Unsubscribe" in the subject field. Alternatively, you can write to the Data Controller at the address below quoting "Privacy Enquiry".

Your rights under the Data Protection Act 1998

You have a right to access the personal data that we hold on you. If you would like to see a copy please send a 10 GBP fee and a written request to the Data Controller at MindGenius Ltd, Tulloch Gael, Scottish Enterprise Technology Park, East Kilbride G75 0QDR Scotland. In addition, if you think the information we hold on you is incorrect please e-mail MindGenius Ltd at info@mindgenius.com or contact the Data Controller at above address, quoting "Privacy Enquiry".


MindGenius Licence Terms and Conditions

 

You are granted a non-exclusive, non-transferable licence to use the copy of the MindGenius software ('the Software') on the following terms and conditions:-

1. All rights in the Software remain the property of MindGenius Limited or its licensor and you acquire no title or interest in the Software other than the right to use it as detailed in this licence. You continue to be responsible for virus checking the Software. Support will continue to be provided by email by contacting our help desk at support@mindgenius.com.

2. For MindGenius Business you may licence the Software on 2 (two) Personal Computers (PC). E.g. Business PC & Home PC or Business PC & Laptop PC. The Software can only be run on one PC system at any time. For MindGenius Education, you may licence the Software on 1 (one) PC. Should you require to transfer the licenced Software to additional PCs you shall require our express permission to do so, which permission shall not be unreasonably withheld.

3. You can treat the Software as an archival copy and make a back-up copy for regular use or vice-versa provided that copies are labelled as per the master disk. Otherwise the Software and all related materials are confidential information which you must not disclose (other than by way of a general description which does not disclose technical details), copy or reproduce in any manner or loan or in any way dispose of for profit or incentive or otherwise without our express written permission.

4. You must not alter, remove, obscure, conceal or otherwise interfere with any markings on or within the Software or the packing which refer to us and must not interfere with any other copyright notices.

5. You shall not decompile, disassemble or reverse engineer the Software in any manner and shall not interfere with any security devices, encryption, pass-words, embedded licence data or any other devices in or supplied with the Software unless permitted to do so by law. In the case of decompilation, however, you must abide by the following procedure. At first instance you should contact us to request the information required in order to achieve interoperability of the Software with your other hardware or software (the 'Permitted Objective'). If we do not make this information readily available, you shall be entitled to decompile the Software only if it is essential to do so in order to achieve the Permitted Objective and only insofar as we have not made the information readily available.

6. Whilst we have used reasonable skill and care in designing the Software, it is supplied to you 'as is' and except insofar as the same cannot be excluded by law, no warranty is given by us (a) in relation to the Software or the uses to which it may be put or its fitness or suitability for any particular purpose or under any special conditions and/or (b) that the use of the Software and/or any other materials by you will not infringe any third party, copyright or other intellectual property rights.

7. We shall not be liable to you in respect of any costs, claims, losses, liabilities, damages and expenses incurred directly or indirectly in respect of the Software, the manual and/or any other materials (including but not limited to any consequential loss or loss of goodwill or revenue or anticipated savings or production) or any loss arising as a result of the Software ceasing to operate or containing any virus except insofar as such liability cannot be excluded by law. For the avoidance of doubt, we do not attempt to restrict or exclude liability for death or personal injury arising out of our negligence.

8. For the avoidance of doubt, we will be entitled to terminate this licence with immediate effect if you breach the terms of this licence at any time. Upon termination of this licence, you shall stop using the Software immediately and will destroy all copies of the Software in your possession and/or return, at our option, all copies to us.

9. In consideration of the grant of this licence, you shall be due to pay us a licence fee in the amount specified on our web site as at the date you accept these licence terms. Further details of our prices are also available in our sales and marketing materials. Payment shall be made either:

(a) by credit card by completing the on-line payment section of our Web site.
(b) by payment of an invoice issued by us without deductions of any kind within 14 days of the date of said invoice failing which we shall be entitled to charge interest at a rate of 5% p/a above the base lending rate of Royal Bank of Scotland plc from time to time on any sum outstanding from the date said sum became due until the date of payment. If you fail to pay any sum due to us on the due date, we shall be entitled without prejudice to any other rights or remedies which we may have to suspend without any liability to you the licence granted herein until such time as such sum is paid.

10. You shall not be entitled to assign your rights or obligations under this licence without our prior written consent. We shall be entitled to assign our rights and obligations hereunder as we deem appropriate. This licence shall be governed by the law of Scotland and you hereby submit to the non-exclusive jurisdiction of the Scottish courts. If any provision of this Licence is found to be invalid or unenforceable pursuant to any judicial decree or otherwise, the remainder of this licence shall remain valid and enforceable to its terms.