TERMS OF USE AND PRIVACY POLICY

TERMS OF USE

Introduction:
The Terms of use and privacy should be read in conjunction
with The App terms of use.
These Terms of Service (“Terms”, “Terms of Service”) govern
your use of our website located at www.youmind.org (together or
individually “Service”) and the phone app both operated by
Yansee LTD.
Our Privacy Policy also governs your use of our Service and
explains how we collect, safeguard and disclose information that
results from your use of our web pages. Your agreement with us
includes these Terms of use and Privacy Policy (“Agreements”)
and the App terms of use. You acknowledge that you have read
and understood Agreements, and agree to be bound of them. If you
do not agree with (or cannot comply with) Agreements, then you
may not use the Service, but please let us know by emailing at
findmeATyoumind.org so we can try to find a solution. These
Terms apply to all visitors, users and others who wish to access or
use Service.
By using our Service, you agree to subscribe to newsletters,
marketing or promotional materials and other information we may
send. However, you may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or by
contacting us.
If you wish to purchase any product or service made available
through Service (“Purchase”), you may be asked to supply certain
information relevant to your Purchase including but not limited to,
your credit or debit card number, the expiration date of your card,
your billing address, and your shipping information. You represent
and warrant that: (i) you have the legal right to use any card(s) or
other payment method(s) in connection with any Purchase; and
that (ii) the information you supply to us is true, correct and
complete. We may employ the use of third party services for the
purpose of facilitating payment and the completion of Purchases.By submitting your information, you grant us the right to provide
the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for
reasons including but not limited to: product or service
availability, errors in the description or price of the product or
service, error in your order or other reasons. We reserve the right
to refuse or cancel your order if fraud or an unauthorized or illegal
transaction is suspected.
Refunds: We don’t issue refunds.
Content found on or through this Service are the property of
Yansee LTD. You may not distribute, modify, transmit, reuse,
download, re-post, copy, or use said Content, whether in whole or
in part, for commercial purposes or for personal gain, without
express advance written permission from us
Prohibited Uses: You may use Service only for lawful purposes
and in accordance with Terms and after reading the disclaimer.
You agree not to use Service:
0.1. In any way that violates any applicable national or
international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting to
exploit or harm minors in any way by exposing them to
inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or
promotional material, including any “junk mail”, “chain letter,”
“spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a
Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any
way is illegal, threatening, fraudulent, or harmful, or in connectionwith any unlawful, illegal, fraudulent, or harmful purpose or
activity.
0.6. To engage in any other conduct that restricts or inhibits
anyone’s use or enjoyment of Service, or which, as determined by
us, may harm or offend Company or users of Service or expose
them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden,
damage, or impair Service or interfere with any other party’s use
of Service, including their ability to engage in real time activities
through Service.
0.2. Use any robot, spider, or other automatic device, process, or
means to access Service for any purpose, including monitoring or
copying any of the material on Service.
0.3. Use any manual process to monitor or copy any of the
material on Service or for any other unauthorized purpose without
our prior written consent.
0.4. Use any device, software, or routine that interferes with the
proper working of Service.
0.5. Introduce any viruses, Trojan horses, worms, logic bombs, or
other material which is malicious or technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with,
damage, or disrupt any parts of Service, the server on which
Service is stored, or any server, computer, or database connected
to Service.
0.7. Attack Service via a denial-of-service attack or a distributed
denial-of-service attack.
0.8. Take any action that may damage or falsify Company rating.
0.9. Otherwise attempt to interfere with the proper working of
Service.
We may use third-party Service Providers to monitor and
analyze the use of our Service.8. Service is intended only for access and use by individuals at
least eighteen (18) years old. By accessing or using Service, you
warrant and represent that you are at least eighteen (18) years of
age and with the full authority, right, and capacity to enter into this
agreement and abide by all of the terms and conditions of Terms.
If you are not at least eighteen (18) years old, you are prohibited
from both the access and usage of Service. You warrant as well
that you have read the disclaimer and that you are bound by it.
Accounts: When you create an account with us, you guarantee
that you are above the age of 18, and that the information you
provide us is accurate, complete, and current at all times.
Inaccurate, incomplete, or obsolete information may result in the
immediate termination of your account on Service. You are
responsible for maintaining the confidentiality of your account and
password, including but not limited to the restriction of access to
your phone and/or account. You agree to accept responsibility for
any and all activities or actions that occur under your account
and/or password, whether your password is with our Service or a
third-party service. You must notify us immediately upon
becoming aware of any breach of security or unauthorized use of
your account. You may not use as a username the name of another
person or entity or that is not lawfully available for use, a name or
trademark that is subject to any rights of another person or entity
other than you, without appropriate authorization. You may not
use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in our sole discretion.
Intellectual Property: Service and its original content
(excluding Content provided by users), features and functionality
are and will remain the exclusive property of Yansee LTD and its
licensors. Service is protected by copyright, trademark, and other
laws of and foreign countries. Our trademarks may not be used inconnection with any product or service without the prior written
consent of Yansee LTD.
Copyright Policy: We respect the intellectual property rights of
others. It is our policy to respond to any claim that Content posted
on Service infringes on the copyright or other intellectual property
rights (“Infringement”) of any person or entity. If you are a
copyright owner, or authorized on behalf of one, and you believe
that the copyrighted work has been copied in a way that
constitutes copyright infringement, please submit your claim via
email, with the subject line: “Copyright Infringement” and include
in your claim a detailed description of the alleged Infringement as
detailed below, under “DMCA Notice and Procedure for
Copyright Infringement Claims” You may be held accountable for
damages (including costs and attorneys’ fees) for
misrepresentation or bad-faith claims on the infringement of any
Content found on and/or through Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement:
Claims You may submit a notification pursuant to the Digital
Millennium Copyright Act (DMCA) by providing our Copyright
Agent with the following information in writing (see 17 U.S.C
512(c)(3) for further detail):
0.1. an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been
infringed, including the URL (i.e web page address) of the
location where the copyrighted work exists or a copy of the
copyrighted work;
0.3. identification of the URL or other specific location on Service
where the material that you claim is infringing is located;
0.4. your address, telephone number, and email address;
0.5. a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law;0.6. a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner’s
behalf.
You can contact our Copyright Agent via the form found at
“https://www.youmind.org/contact”.
Error Reporting and Feedback: You may provide us either
directly at findmeATyoumind.org or via third party sites and tools
with information and feedback concerning errors, suggestions for
improvements, ideas, problems, complaints, and other matters
related to our Service (“Feedback”). You acknowledge and agree
that: (i) you shall not retain, acquire or assert any intellectual
property right or other right, title or interest in or to the Feedback;
(ii) Company may have development ideas similar to the
Feedback; (iii) Feedback does not contain confidential information
or proprietary information from you or any third party; and (iv)
Company is not under any obligation of confidentiality with
respect to the Feedback. In the event the transfer of the ownership
to the Feedback is not possible due to applicable mandatory laws,
you grant Company and its affiliates an exclusive, transferable,
irrevocable, free-of-charge, sub-licensable, unlimited and
perpetual right to use (including copy, modify, create derivative
works, publish, distribute and commercialize) Feedback in any
manner and for any purpose.
Links To Other Web Sites: Our Service may contain links to
third party web sites or services that are not owned or controlled
by Yansee LTD. Yansee LTD has no control over, and assumes no
responsibility for the content, privacy policies, or practices of any
third party web sites or services. We do not warrant the offerings
of any of these entities/individuals or their websites. YOU
ACKNOWLEDGE AND AGREE THAT COMPANY SHALL
NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR
INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED ORALLEGED TO BE CAUSED BY OR IN CONNECTION WITH
USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS
OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH
THIRD PARTY WEB SITES OR SERVICES. WE STRONGLY
ADVISE YOU TO READ THE TERMS OF SERVICE AND
PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR
SERVICES THAT YOU VISIT.
Disclaimer Of Warranty: THESE SERVICES ARE
PROVIDED BY COMPANY ON AN “AS IS” AND “AS
AVAILABLE” BASIS. COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR
SERVICES, OR THE INFORMATION, CONTENT OR
MATERIALS INCLUDED THEREIN. YOU EXPRESSLY
AGREE THAT YOUR USE OF THESE SERVICES, THEIR
CONTENT, AND ANY SERVICES OR ITEMS OBTAINED
FROM US IS AT YOUR SOLE RISK. NEITHER COMPANY
NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES
ANY WARRANTY OR REPRESENTATION WITH RESPECT
TO THE COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY, OR AVAILABILITY OF THE
SERVICES. WITHOUT LIMITING THE FOREGOING,
NEITHER COMPANY NOR ANYONE ASSOCIATED WITH
COMPANY REPRESENTS OR WARRANTS THAT THE
SERVICES, THEIR CONTENT, OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE SERVICES WILL BE
ACCURATE, RELIABLE, ERROR-FREE, OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED,
THAT THE SERVICES OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE SERVICES OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE
SERVICES WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS. COMPANY HEREBY DISCLAIMS ALLWARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS
FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT
AFFECT ANY WARRANTIES WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation Of Liability: EXCEPT AS PROHIBITED BY
LAW, YOU WILL HOLD US AND OUR OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR
ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES
(INCLUDING ATTORNEYS’ FEES AND ALL RELATED
COSTS AND EXPENSES OF LITIGATION AND
ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY,
WHETHER OR NOT LITIGATION OR ARBITRATION IS
INSTITUTED), WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE, OR OTHER TORTUOUS ACTION, OR
ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, INCLUDING WITHOUT LIMITATION ANY
CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE,
ARISING FROM THIS AGREEMENT AND ANY VIOLATION
BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS,
STATUTES, RULES, OR REGULATIONS, EVEN IF
COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. EXCEPT AS
PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON
THE PART OF COMPANY, IT WILL BE LIMITED TO THE
AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES,
AND UNDER NO CIRCUMSTANCES WILL THERE BE
CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME
STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF PUNITIVE, INCIDENTAL ORCONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
Termination: We may terminate or suspend your account and
bar access to Service immediately, without prior notice or liability,
under our sole discretion, for any reason whatsoever and without
limitation, including but not limited to a breach of Terms. If you
wish to terminate your account, you may simply discontinue using
Service. All provisions of Terms which by their nature should
survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity
and limitations of liability.
Governing Law: These Terms shall be governed and construed
in accordance with the laws of the United kingdom, which
governing law applies to agreement without regard to its conflict
of law provisions. Our failure to enforce any right or provision of
these Terms will not be considered a waiver of those rights. If any
provision of these Terms is held to be invalid or unenforceable by
a court, the remaining provisions of these Terms will remain in
effect. These Terms constitute the entire agreement between us
regarding our Service and supersede and replace any prior
agreements we might have had between us regarding Service
Changes To Service: We reserve the right to withdraw or
amend our Service, and any service or material we provide via
Service, in our sole discretion without notice. We will not be liable
if for any reason all or any part of Service is unavailable at any
time or for any period. From time to time, we may restrict access
to some parts of Service, or the entire Service, to users, including
registered users.
Amendments To Terms: We may amend Terms at any time by
posting the amended terms on this site. It is your responsibility to
review these Terms periodically. Your continued use of thePlatform following the posting of revised Terms means that you
accept and agree to the changes. You are expected to check this
page frequently so you are aware of any changes, as they are
binding on you. By continuing to access or use our Service after
any revisions become effective, you agree to be bound by the
revised terms. If you do not agree to the new terms, you are no
longer authorized to use Service.
Waiver And Sever-ability: No waiver by Company of any term
or condition set forth in Terms shall be deemed a further or
continuing waiver of such term or condition or a waiver of any
other term or condition, and any failure of Company to assert a
right or provision under Terms shall not constitute a waiver of
such right or provision. If any provision of Terms is held by a
court or other tribunal of competent jurisdiction to be invalid,
illegal or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the
remaining provisions of Terms will continue in full force and
effect.
Acknowledgment: BY USING SERVICE OR OTHER
SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT
YOU HAVE READ THESE TERMS OF SERVICE AND AGREE
TO BE BOUND BY THEM.
Before using the App you must read the disclaimer. The App terms
of use must be read in conjunction with the terms of use and
privacy.
The App terms of use:
By downloading or using our app, these terms will automatically
apply to you – you should make sure therefore that you read them
carefully before using the app. You’re not allowed to copy, or
modify the app, any part of the app, or our trademarks in any way.
You’re not allowed to attempt to extract the source code of theapp, and you also shouldn’t try to translate the app into other
languages, or make derivative versions. The app itself, and all the
trade marks, copyright, database rights and other intellectual
property rights related to it, still belong to Yansee LTD. Yansee
LTD is committed to ensuring that the app is as useful and
efficient as possible. For that reason, we reserve the right to make
changes to the app or to charge for its services, at any time and for
any reason. We will never charge you for the app or its services
without making it very clear to you exactly what you’re paying
for.
The Youmind app stores and processes personal data that you have
provided to us, in order to provide our Service. It’s your
responsibility to keep your phone and access to the app secure. We
therefore recommend that you do not jailbreak or root your phone,
which is the process of removing software restrictions and
limitations imposed by the official operating system of your
device. It could make your phone vulnerable to
malware/viruses/malicious programs, compromise your phone’s
security features and it could mean that the Youmind app won’t
work properly or at all.
The app does use third party services that declare their own Terms
and Conditions. You should be aware that there are certain things
that Youmind will not take responsibility for. Certain functions of
the app will require the app to have an active internet connection.
The connection can be Wi-Fi, or provided by your mobile network
provider, but Youmind cannot take responsibility for the app not
working at full functionality if you don’t have access to Wi-Fi, and
you don’t have any of your data allowance left. If you’re using the
app outside of an area with Wi-Fi, you should remember that your
terms of the agreement with your mobile network provider will
still apply. As a result, you may be charged by your mobile
provider for the cost of data for the duration of the connection
while accessing the app, or other third party charges. In using the
app, you’re accepting responsibility for any such charges,
including roaming data charges if you use the app outside of yourhome territory (i.e. region or country) without turning off data
roaming. If you are not the bill payer for the device on which
you’re using the app, please be aware that we assume that you
have received permission from the bill payer for using the app.
Along the same lines, Youmind cannot always take responsibility
for the way you use the app i.e. You need to make sure that your
device stays charged – if it runs out of battery and you can’t turn it
on to avail the Service, Youmind cannot accept responsibility.
With respect to Youmind’s responsibility for your use of the app,
when you’re using the app, it’s important to bear in mind that
although we endeavor to ensure that it is updated and correct at all
times, we do rely on third parties to provide information to us so
that we can make it available to you. Youmind accepts no liability
for any loss, direct or indirect, you experience as a result of
relying wholly on this functionality of the app. At some point, we
may wish to update the app. The app is currently available on
Android and iOS – the requirements for both systems (and for any
additional systems we decide to extend the availability of the app
to) may change, and you’ll need to download the updates if you
want to keep using the app. Youmind does not promise that it will
always update the app so that it is relevant to you and/or works
with the Android and iOS version that you have installed on your
device. However, you promise to always accept updates to the
application when offered to you, We may also wish to stop
providing the app, and may terminate use of it at any time without
giving notice of termination to you. Unless we tell you otherwise,
upon any termination, (a) the rights and licenses granted to you in
these terms will end; (b) you must stop using the app, and (if
needed) delete it from your device.
Changes to This Terms and Conditions: We may update our Terms
and Conditions from time to time. Thus, you are advised to review
this page periodically for any changes. We will notify you of any
changes by posting the new Terms and Conditions on this page.These terms and conditions are effective as of first of December
2023.