Terms And Conditions

A. The Terms

Welcome to Mindweel.com or affiliated domains (“Service” or “Site”) owned and operated by MicroInsight Ltd (“MicroInsight”) with registered offices at 6 Albany Road, Chadwell Heath, London, RM6 6BS.

By clicking “I Agree” on the account registration or payment page or using the Site in any way, you are entering into agreement with Mindweel and you declare to comply with and be bound by these terms and the Privacy Policy, as applicable (collectively “Related Agreements”), and all rules, policies and disclaimers posted on the Site or about which you are notified (collectively “Terms”). If you do not agree with all the Terms, or if you are under the age of eighteen (18), do not use the Site. Please review all of the Terms carefully before using the Site. By using the Site, you (1) agree to be bound by the Terms; (2) represent that you are over the age of eighteen (18) and able to form legally binding contracts to the extent offered on the Site; (3) acknowledge that in your country of residence the Service might be subject to applicable export control laws and other sanctions and agree that you will comply with such obligations and (4) represent that you are neither located in a sanctioned country nor a prohibited person.

In the Terms, “User,” “you” and “your” refer to the individual that creates a Mindweel account. “Mindweel,” “we,” “us” and “our” refer to Mindweel. “Customer” refers to the person who asks a question on the Site. “Counsellor” refers to the person who answers a question posted on the Site. Where applicable, for purposes of linguistic simplification, the grammatical masculine gender is used neutrally in these Terms and in the Privacy Policy to represent both, masculine and feminine genders.

“Mindweel” and the Mindweel logo are registered national and international word and figurative trademarks of Mindweel. The design of the Site is protected under the applicable design protection laws.

When you visit Mindweel you consent to communicate with us or via us electronically, either by e-mail, VOIP or video conference or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your Mindweel account profile, your current and active email address. Mindweel may modify any of the Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective as to an existing User upon the earlier of the agreement of the User or thirty (30) days after notice to the existing User, either via email from contact@Mindweel.com or another @Mindweel.com email address to your email address on file with Mindweel or via other means including but not limited to a pop-up or banner, message or other conspicuous notice on the Mindweel website. If you affirmatively agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from these email addresses. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The latest Terms will be posted on the Site, and you should always review them prior to using the Site.

B. The site

The Site is a venue for informational purposes to allow Customers and Counsellors to meet and interact electronically. Users of the Site, not Mindweel, provide the content in Communications (defined in Section 5 below). The Counsellors determine which questions to answer; Counsellors are not employees or agents of Mindweel but are independent service providers using the Site to offer, or sell, or make otherwise available, their Counsellor knowledge to Customers and are, as such, along with Customers, simply Users of the Site.

Mindweel is not involved in the conversations between Customers and l and does not refer Customers to or endorse or recommend particular Counsellor. You understand and acknowledge that Mindweel cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of Communications. Mindweel shall not be liable for any acts or omissions of Counsellors, content in Communications, the ability of Counsellors to answer questions or the ability of Customers to pay for answers. Notwithstanding the foregoing, Mindweel reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove any User’s access to the Site.

EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should be directed immediately by telephone or in-person to qualified professionals or to emergency services. The Site is not the appropriate venue to deal with such situations.

The Site is an Internet-based service which applies certain technical means to reasonably assure privacy. Information and materials submitted in the content of your Communications, requests for information, responses, profiles, signatures, qualifications, and comments may be disseminated in a one-to-one interaction or in a one-to-many-interaction (collectively “Communications”). It is not completely private or confidential, nor is it protected by attorney-client, doctor-patient, or any other privilege, and it may be read, collected, and used by others. To better protect your privacy, be diligent in disclosing sensitive information regarding your identity or contact information.

The use of the term “Counsellor” by Mindweel and on the Site is only meant to describe Users who offer to answer questions on the Site, and not to guarantee any particular level of expertise of the Counsellor.

Mindweel does not itself verify the credentials or quality of service of the Counsellors but relies on User feedback. Mindweel makes efforts to verify, but cannot warrant or guarantee an Counserllor’s purported identity. For these reasons, Mindweel cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of and provided by Users including Counserllors. You acknowledge that Mindweel will not be liable for any loss or damage caused by your reliance on any information or content received in Communications.

Answers of Counserllors on the Site are to be used by Customers for general information purposes only, not as a substitute for in-person evaluation or specific counsellor (medical, legal, veterinary, tax, financial, etc.) advice. For example, Counsellors in the «Legal» category will provide only general information about the law, and will not provide legal advice nor propose a specific course of action for a Customer. When using the Site, Counserllors do not form attorney-client or doctor-patient relationships with Users of the Site. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Counserllors in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.

No professional-client relationships shall be formed on the Site or shall be deemed to be otherwise brokered by Mindweel or the Services.

C. User accounts

USER ACCOUNTS When you register as a User on the Site, you have to establish a user name and password for access to your online account, as well as to create a personal profile. Alternatively, you may log on, or may be required to log on, by using single-sign-on procedures via popular social networks. By using such login procedures, you agree that Mindweel collects the personal information which you make available for the Mindweel application on your respective social network site. You are responsible for maintaining the confidentiality of your username, password and account data, may use this account only personally, may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Mindweel of any unauthorized use of your password or account. You should only create one account on the Site, and if your Mindweel account has been suspended or terminated, you may not open another account on the Site. You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate, truthful and lawful billing, credit card and profile information for active Mindweel accounts.

RESTRICTED ACTIVITIES You agree that any content you provide on the Site and in Communications and your use of the Site shall not:

  • Be fraudulent, inaccurate or misleading;
  • Infringe any third party’s proprietary rights or rights of publicity or privacy;
  • Be illegal or violate any international, national, state or local law, statute, ordinance, regulation or ethical code applicable in your country of residence or in United Kingdom;
  • Be competitive with Mindweel or the Site;
  • Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
  • Be obscene or contain child pornography or material otherwise adult in nature or harmful to minors;
  • Be offensive, abusive, discriminatory, harassing, blasphemous or racist;
  • Contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • Create liability for us or cause us to lose (in whole or in part) the services of our ISPs, payment service providers or other suppliers;
  • link directly or indirectly to or include descriptions of goods or services that are prohibited under the Terms or you do not have a right to link to or include and
  • Not circum-vent, reverse-engineer, attack or in any other way jeopardise the technical safety, authentication or other provisions of the Site. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our Service or the content on the Site without Mindweel’s prior written consent. We do not knowingly collect personal information from children under eighteen (18) years of age, and if we become aware that a minor under the age of eighteen (15) has submitted personal information to us, we will promptly remove it from our systems. SUSPENSION OR TERMINATION OF SERVICE You may terminate your usage of the Site and your account at your sole discretion and at any time by written notice via e-mail to contact@Mindweel.com. Terminations typically will be effective within seven (7) business days after our receipt of your termination notice, at which time your account will be closed and you will no longer enjoy access to your former account. Any fees accrued as of the effective date of termination will be payable according to the Terms. Any usage fees paid upfront for a certain subscription period will forfeit to the favor of Mindweel. At any time, without notice, for any or no reason, Mindweel reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Service, and to restrict, suspend and terminate Users’ accounts.

Mindweel Account; refund and cancellation policy Mindweel’s platform allows Customers to find Counserllors in subject-matter categories, facilitates communication with Counsellors via chat, VOIP, video conference, emails and online message boards, and enables delivery of answers to your questions, among other services. Counsellors typically respond to Customers’ questions in an online conversation via VOIP, video conference or chat. They may request further information before answering your question. Mindweel does not guarantee that you will find a Counserllor which is competent to answer your questions, or that you will be satisfied with your communication with an Counserllor. For the usage of the Service on the Site, in general a charge per Communication (e.g. fixed amount) or a charge per time period of the duration of the Communication (e.g. fee per hour, fee per minute), or any other charge model, is being charged to the Customer by Mindweel. The charges are defined by the Counserllors and must be acknowledged by the Customer before initiating a Communication. The charges are due unconditionally, i.e. regardless of the fact whether the Counserllor was able to answer a question or whether the Customer is satisfied with the result, the quality or the outcome of the Communication.

As part of their profile on the Site, the Customers open and maintain an individual payment account (“Mindweel ACCOUNT”) which can be credited by the Customer manually or by a recurring charge order against the payment source provided by the Customer in his profile. Customers authorize Mindweel to charge Communication charges against their Mindweel account. Before enabling a Communication, Mindweel may require that a fitting minimum balance is credited and maintained with the Mindweel account; the User may be offered an automatic top-up option. If the balance of the Mindweel is used, Mindweel may interrupt a Communication without warning.

When closing an account, the User may choose to have a remaining balance in his Mindweel account refunded to his credit card or other payment option; a transfer to a third party is not permissible. If a User is inactive on Mindweel for more than two (2) years, Mindweel is entitled to close a User account and to refund the balance of a Mindweel account to the credit card or other payment source registered with the User profile. If such refund fails and if the User does not react to at least three consecutive announcements by email to the User’s registered email address(es) over a period of minimum three (3) months, Mindweel is entitled to cancel the User account and the balance amount will forfeit in favor of Mindweel.

Once the interaction with the Counsellor closes, you will be asked to rate the Counsellor. If you provide a rating of 1-2 stars (which is considered an unsatisfactory rating), you will be asked to provide the Counsellor with feedback about why you are unsatisfied, so the Counsellor may try to help you better.

If Mindweel believes, in its sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, Mindweel will continue to investigate the situation until an adequate resolution has been reached, as determined by us, and which may require the involvement of certain third parties, including any applicable credit card company. Mindweel will make commercially reasonable efforts not to exceed a ninety-day (90) hold on your account as we and/or a third-party investigate.

Mindweel maintains the right to initiate special incentive pricing, User promotions, and other programs. These may be limited, at Mindweel’s sole discretion, to defined and limited Users or non-users. Any promotional monies or credits placed into Customer accounts by Mindweel for use towards answers on the Site remain the property of Mindweel (they never become the property of Users and never become refundable to the User), and unless otherwise stated on the Site or in an email to a User, will be usable only for a limited period of time at the discretion of Mindweel. By accepting these Terms, you agree to receive coupons, special offers, and other communications from Mindweel per the terms of the Privacy Policy. You may modify this setting by making the relevant changes to your Mindweel profile.

D. Legal Statements

Users are responsible for their acts and omissions and content placed on the Site. Because the Site is a venue, in the event that you have a dispute with one or more Users, you release Mindweel (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

You acknowledge that Mindweel and its licensors and suppliers own the rights to the Site and the content displayed on the Site other than in Communications. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Site, or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Mindweel, Mindweel Users, or Mindweel advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or dis-tribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

With the exception of information provided directly and only to the Site administrator or any employee, officer or agent of Mindweel, you agree that Communications, materials, ideas, comments and testimonials you submit on the Site or other venues, including but not limited to the Mindweel blogs, the Mindweel page on www.facebook.com, the Mindweel venues on www.twitter.com, www.youtube.com, plus.google.com, www.linkedin.com, and others (“User Content”), will not be considered confidential and may be used by Mindweel, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials. You grant to Mindweel a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Communications, in your User Profile and User Content, in any media now known or not currently known, with respect to any such Communications and other User Content.

Mindweel may endeavor to offer to its Users products and services offered by non-Mindweel entities. Placement of information, logos, links or names of such non-Mindweel entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. You take full responsibility for a decision to visit or patronize any such entity and hold Mindweel harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and Mindweel or between any User (including Customers and Counsellors) and Mindweel by formation of this Agreement (or any of the Related Agreements) or by your participation on the Site.

We do not systematically control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. There are also risks of dealing with underage persons or people acting under false pretences. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and that Mindweel is not responsible for the acts or omissions of Users on the Site. The amount of storage space per User is currently limited. You agree that Mindweel is not responsible or liable for the deletion or failure to store content and/or other information.

Mindweel services and related documentation are provided “as is” and, to the degree permissible by law, without any warranty of any kind either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. No information, whether oral or written, obtained by you from us through this Site shall create any warranty, representation or guarantee not expressly stated in these Terms. Mindweel does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available, are free of viruses or other harmful components. Mindweel does not warrant or represent that the use or the results of the use of the materials available through the Service, Counsellors, third parties or a linked site will be correct, accurate, timely, reliable or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from jurisdiction to jurisdiction.

Use of this Site is at Users’ sole risk. Mindweel will not be liable for any loss or damage caused by a User’s reliance on information obtained through the Site, from third parties (such as Counsellors or others) or a linked site, or User’s reliance on any product or service obtained from a third party (such as Counsellors or others) or a linked site.

No advice or information, whether oral or written, obtained by you from Mindweel or through or from the Mindweel Services shall create any warranty.

The liability of Mindweel, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors or assigns is excluded to the degree permissible by law. This includes any indirect, special, incidental, consequential, punitive or exemplary damages (including but not limited to loss of business, profits, data, use, revenue or other economic advantage), arising out of or in connection with our Site, our Services or the Terms.

You agree to indemnify and hold Mindweel, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys’ fees, asserted by any third-party that are in any way due to or arising out of your use of or conduct on the Site.

The Site may contain media releases and other information about Mindweel. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any media releases. Information about companies other than ours contained in the media release or otherwise, should not be relied upon as being provided or endorsed by Mindweel. Likewise, third-party press about Mindweel or the Site should not be relied upon as being provided or endorsed by Mindweel.

Subject to the terms and conditions of any credit card payment service provider integrated with the SIte, which will apply with respect to the relationship between the User and the respective credit card company and the respective credit card payment service provider, the Terms, including the Privacy Policy, constitute the complete and exclusive Agreement between you and Mindweel. By agreeing to the applicable usage regulations of social media sites which are integrated into the Site, you might, in addition to the data provided on the Site directly, concede certain rights to information and data access to Mindweel.

It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any Mindweel employee or agent and the Terms, the Terms will prevail. To the extent the Terms are in conflict or inconsistent with one another, the Terms of Service and Privacy Policy will prevail for Customers, and the Counsellor Agreement and Privacy Policy will prevail for Counsellors, over other Terms of the Site; also, this Agreement, Related Agreements and disclaimers will prevail over FAQs, and other rules and policies on the Site.

If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. Mindweel’s failure to exercise or enforce any of the Terms shall not constitute a waiver of Mindweel’s right to exercise or enforce the Terms as to the same or another instance. Headings in this and Related Agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.

You agree that Mindweel may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason, including but not limited to because your interaction with other users of the Site, the pricing offered, and fraud mechanisms in place, are based upon individual usage. Mindweel shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by an officer of Mindweel. No delay or omission on the part of Mindweel in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.

By using Mindweel, you agree that the applicable law of England and Wales, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Mindweel.