The White Mind Company

Version Number: 1.0
Effective Date: 20/07/2021

Who are we?
1. We are The White Mind Company. Our contact information is at the end of this document.
What this is all about
1. These are our terms and conditions which apply to our Service (explained below). We’ve tried to make them user-friendly. Please read them carefully and save a copy as we don’t file a copy specifically for the transaction with you. They’re available in English only.
Some definitions
1. Here are some definitions which are used in this document (all capitalised):
  - "Consumer" - an individual acting for purposes which are wholly or mainly outside that person's trade, business, craft or profession.
  - "Content" - all information of whatever kind (including text, images, photos, audio, video, posts, comments, blogs, advertisements, message, reviews etc.) displayed on or sent through our Service.
  - "Experiment" - behavioural experiments/exposures and other similar Content.
  - "Service" – the service we offer by means of our website and any related software and services.
  - "User" - people or organisations using our Service (whether or not registered with us).
IMPORTANT WARNING
1. While we believe that our Service (including Experiments) can be beneficial in many ways, it is not intended to diagnose, prevent, or treat any medical condition, to ascertain the state of someone’s health, or to be used as a substitute for medical advice and neither we nor Users who upload Experiments make any promise that the Service / Experiments provide therapeutic benefit or that any particular "wellness" objective will be achieved.
2. If we provide any guidance or other general information on or via our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. The information is not tailored to anyone’s personal circumstances. You rely on such information at your own risk.
How you enter a legal contract with us
1. By registering on our Service, you enter a legal contract with us to use our Service. Future subscriptions are part of this contract.
2. By browsing any part of our Service that does not require registration/payment, you are also bound by these terms to the extent they are relevant.
Consumer right to cancel ("cooling off")
1. If you are a Consumer, you may have the right to cancel this contract, as further explained at the end of this document.
Changing these terms and conditions
1. We may change these terms and conditions by giving you at least 15 days’ notice unless a more urgent change is needed to comply with laws or regulations or to deal with an unforeseen and imminent danger. We will notify you by posting the new version on our website and, if the changes are important, by email.
2. If you don’t agree to the new terms and the changes are important, you can email us (to the address below) to end this contract on the day before the new terms take effect.
Your right to use our Service
1. We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.
Behaviour when using our Service
1. You agree not to do any of the following in connection with the Service:
  - break the law or infringe anyone else’s rights (e.g., copyright);
  - send, store, display or link to unlawful, infringing or otherwise inappropriate Content;
  - victimise or harass other people;
  - use offensive, obscene, abusive, discriminatory or other inappropriate language or images;
  - deceive or mislead anyone;
  - send, store, display or link to any Content that includes someone else’s personal information unless that person is 18 years or over and you have obtained their written consent (and Experiments must never include personal information – see below);
  - impersonate anyone;
  - use the Service with a view to competing with us or infringing our rights;
  - disrupt our Service, e.g., spam, viruses or phishing;
  - interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
  - intercept or modify communications;
  - impose an unreasonable load on our Service;
  - get around any security or other features including those designed to stop copying of Content; or
  - attempt, encourage or assist any of the above.
2. You agree to:
  - comply with any rules or requirements on our Service (if they are reasonable);
  - promptly comply with any reasonable request or instruction by us in connection with the Service; and
  - ensure that any contact or other information that you supply to us is accurate and not misleading and you will tell us if there are any important changes.
Your Content (including Experiments you upload)
1. You are responsible for your Content.
2. You agree that you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and conditions.
3. If you upload an Experiment, you agree to ensure:
  - that it does not include personal information such as someone’s real name or information that enables them to be identified; and
  - that, as with your other Content, it does not infringe anyone else’s copyright or other intellectual property rights (e.g., don’t copy it from a book).
4. We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards. If so, you must not attempt to re-publish or re-send the relevant Content.
5. We are not legally responsible if your Content is misused by others. You must take reasonable care when deciding which Content to display on or send via our Service.
6. We may place advertisements near or within your Content. If so, we retain all revenue from such advertisements.
7. It is your responsibility to make your own backup of Content to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.
Other peoples' services / advertising / websites
1. We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
2. You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren't responsible for what they do or don't do.
If you create an account on our Service
1. Unless otherwise specifically stated on our Service, your account is for your personal use only. You must not allow any other person to use your account unless we specifically say otherwise. You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password. You are responsible for other people who use your account or identity (unless and to the extent that we are at fault).
Paying us
1. While parts of our Service are available to Users free of charge, certain premium features are available only to Users who subscribe. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Service. Payment is in advance.
2. The prices shown include any applicable VAT unless we say otherwise.
3. You are legally committed to pay your subscription payment once we confirm your order.
4. If we have mis-priced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.
5. Where stated on our Service when you subscribed, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you end your subscription before the renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund (unless Consumer cooling off rights apply). You authorise us and our payment provider to charge your payment card for the relevant amounts or otherwise take payment whenever payments are due in accordance with this agreement.
6. We may at any time change our subscription prices. The new rate takes effect if you apply for a new subscription after we post the new prices on our Service. For existing subscribers, we will give you notice by email at least one month before any price change takes effect. If you do not accept the new fee, you should end your subscription by following the instructions on our Service. Otherwise the next renewal of your subscription after the one month’s notice will be at the new price.
7. You must contact us immediately with full details if you dispute any payment.
About discount codes
1. We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.
2. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
Ending or suspending this contract
1. You may at any time end this contract by emailing us to the email address shown below. (This doesn't entitle you to a refund unless you have Consumer "cooling off" rights, explained above.)
2. We are entitled at any time to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
  - you break this contract;
  - any fees payable by you are unpaid / unjustifiably charged back;
  - acting reasonably, we think that it is necessary to protect you, us or others;
  - we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
  - you or anyone on your behalf acts inappropriately towards our staff.
3. We are entitled at any time to end this contract without giving reasons. If so, we will refund in full any fees already paid which relate to the period after the contract ends.
4. We are entitled at any time to end this contract if we terminate our Service as a whole if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
5. If this contract ends:
  - Your right to use our Service and all licences are terminated.
  - Existing rights and liabilities are unaffected.
  - All clauses in this contract which are stated or intended to continue after termination will continue to apply.
If our Service doesn't work properly
1. We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.
2. You acknowledge that technology is not always secure and you accept the risks inherent in use of the Internet or other technology for the purpose of the Service.
Restrictions on our legal responsibility – very important
1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.
2. If you are a Consumer, we shall not be liable for any loss or damage where:
  - there is no breach of a legal duty owed to you by us;
  - such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
  - (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
  - such loss or damage relates to a business of yours.
3. If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.
4. The following clauses apply only if you are not a Consumer:
  - If you were a subscriber in the 12 months before the act or omission complained of (“the Previous 12 Months”), our liability of any kind (including our own negligence) for any act or omissions or series of connected acts or omissions is limited to the total fees paid or payable by you to us in connection with our Service during the Previous 12 Months.
  - In no event (including our own negligence) will we be liable for any:
  - economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
  - loss of goodwill or reputation;
  - special, indirect or consequential losses; or
  - damage to or loss of data
  (even if we have been advised of the possibility of such losses).
5. You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
6. To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
7. This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
Intellectual property rights (e.g., copyright)
1. If you supply Content for display on our Service (including Experiments), you retain ownership of the intellectual property rights. You allow us, at no cost and forever, to use and adapt (e.g., adapting your Experiments into VR or other video formats) all or part of such material however we wish on our Service and more widely including on other channels such as social media, including to enhance, redistribute and/or promote our Service. You waive your “moral rights” in relation to such Content to the extent legally allowed. You also allow each User to use your Content in accordance with these terms and conditions. You give us the right to take any legal action we think necessary if there is an infringement of the intellectual property rights in your Content.
2. The intellectual property rights in all Content (excluding your Content) used on or in connection with our Service are owned by us or by our partners or other Users. For your personal and internal business use only, you may view such material on your device. You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent (except to the extent specifically allowed by this agreement). You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.
3. Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
Your personal information – see our privacy policy
1. You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.
Things we can’t control
1. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.
Transferring this contract to someone else
1. We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
English law and courts
1. This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.
General but important information
1. We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.
Complaints
1. If you have any complaints, please contact us via the contact details shown below.
Contact information
1. Name: Kirsty White trading as "The White Mind Company"
2. Contact address: RCM Business Centre, Room 19 Sandbeds Trading Estate, Flushdyke, Ossett, WF5 9ND.
3. Contact email address: twmc121@yahoo.co.uk
4. Other contact information: See our website / contact page.

RIGHT TO CANCEL ("COOLING OFF")

The following applies if you have the right to cancel this contract (as explained above).

Right to cancel

You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day when we enter a legal contract with you (i.e., when you register to use our Service).
To exercise the right to cancel, you must inform The White Mind Company, RCM Business Centre, Room 19 Sandbeds Trading Estate, Flushdyke, Ossett, WF5 9ND (email address above) of your decision to cancel this contract by a clear statement (e.g., a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you.
The reimbursement will be made without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
The reimbursement will be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.

MODEL CANCELLATION FORM

Complete and return this form only if you wish to cancel the contract:

To The White Mind Company, RCM Business Centre, Room 19 Sandbeds Trading Estate, Flushdyke, Ossett, WF5 9ND (email address above):
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date

[*] Delete as appropriate

TERMS AND CONDITIONS

RIGHT TO CANCEL ("COOLING OFF")

MODEL CANCELLATION FORM