TERMS OF USE
Last updated March 17, 2024
1. AGREEMENT TO OUR LEGAL TERMS
These Terms of Use, and any documents referred to herein, set out the terms and conditions on which you, whether personally or on behalf of an entity (‘You’), are permitted to use ourWebsite, www.theminded.org (the ‘Website’).
1.1 We are The Minded (‘Company,’ ‘We’, ‘Us’, ‘Our’). We operate the Website, as well as any other related products or services that refer to or link to these legal terms (the ‘Legal Terms’) (collectively, the ‘Services’).
1.2 The Minded is an online platform committed to providing knowledge about human psychology, mental health support and resources, and working to reduce the stigma around mental health issues.
1.3 By using our Website, You agree to be bound by and comply with these Terms of Use. Accordingly, if You disagree with these Terms of Use or any part of these terms, You must not access or use Our Website.
1.4 Please read these Terms of Use carefully. We recommend that You print off a copy of these Terms of Use for Your records, as well as future versions of them, as We may update them from time to time.
1.6 You must be at least 18 years of age to use Our Website; by using Our Website or agreeing to these Terms of Use, You warrant and represent to Us that You are at least 18 years of age.
1.7 By using the Services, you represent and warrant that you will not access Services through automated or non-human means, whether through a bot, script or otherwise; that You will not use the Services for any illegal or unauthorized purpose and that Your use of the Services will not violate any applicable law or regulation.
1.7 The Terms of Use are effective from 17 March 2024.
2. OTHER APPLICABLE TERMS
2.1 These Terms of Use refer to the following additional terms, which also apply to Your use of Our site:
a. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from You, or that You provide to us. By using our site, You consent to such processing and You warrant that all data provided by You is accurate.
3. INTELLECTUAL PROPERTY RIGHTS
The Minded©, our logos and our other registered and unregistered trademarks are trademarksbelonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights. All goodwill generated from the use of our trademarks will benefit us exclusively.
4. YOUR USE OF OUR SERVICES
4.1 Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to:
a. view pages from Our Website in a web browser;
b. download pages from Our Website for caching in a web browser;
c. print pages from Our Website;
d. stream audio and video files from Our Website; and
e. use Our Website services by means of a web browser.
solely for your personal, non-commercial use.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these Legal Terms, You must not download any material from Our Website or save any such material to Your computer.
4.3 Except as expressly permitted by the provisions of these Legal Terms, no part of the Services may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
4.4 If you wish to make any use of the Services other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@theminded.org. If we ever grant you permission to post, reproduce or publicly display any part of our Services, you must identify us as the owners and ensure that any copyright notice appears or is visible on posting, reproducing, or displaying our Services.
4.5 We reserve the right to restrict access to areas of Our Website, or indeed Our whole Website, at Our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on Our Website.
4.6 Any breach of these conditions will constitute a material breach of our Legal Terms and Your right to use Our Services will terminate immediately.
5. YOUR SUBMISSIONS AND CONTRIBUTIONS
5.1 You warrant and represent that Your content will comply with these Legal Terms.
5.2 Your content must comply with any applicable law in Canada and in any jurisdiction from which they are posted.
5.3 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
5.4 You understand that Your content may be viewable by other users of the Services and possibly through third-party websites.
5.5 Your content, and the use of Your content by Us in accordance with these Terms of Use, must not:
a. be untrue, deceptive, dishonest, deceitful, false, inaccurate, misleading or libellous;
b. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
c. infringe any right of confidence, right of privacy or right under data protection legislation;
d. contains confidential information belonging to any other person, save and except where You have the legally binding authorisation of such person to upload the content to Our Website;
e. constitute negligent advice or contain any negligent statement;
f. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
g. be in contempt of any court, or in breach of any court order;
h. be in breach of any contractual obligation owed to any person
i. breaches any statutory duty owed to any other person;
j. contains any advertising or promotions relating to any other business or that provides a link to any other business, without our prior written consent;
k. be blasphemous;
l. depict violence in an explicit, graphic or gratuitous manner;
m. be pornographic, lewd, suggestive or sexually explicit or contains, alludes to or describes any sexually explicit material, or which redirects users to such content;
n. be used to impersonate any person, or to misrepresent Your identity or affiliation with any person or be likely to deceive any person;
o. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
p. represents or suggests that the content is provided by us or reflects our views, opinions, positions, activities or affairs;
q. constitute spam;
r. be offensive, obscene or indecent, swear word or profanity, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, promotes violence, hatred, aggression or unrest; discriminatory or inflammatory;
s. cause annoyance, distress, inconvenience or needless anxiety to any person;
t. be in breach of racial or religious hatred or discrimination legislation; is in any way discriminatory towards any person or class of persons on account of nationality, race, gender, age, religion, disability, sexual orientation or any other characteristic or ground(s) capable of constituting unlawful discrimination;
u. contains a statement that is likely to be understood by some or all of the members of the public to whom it is published as a direct or indirect encouragement or other inducement to them to the commission, preparation or instigation of acts of hatred, violence or terrorism.
5.6 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
5.7 You must not use Our Website to link to any website or web page consisting of or containing material that would, were it posted on Our Website, breach the provisions of these Legal Terms.
5.8 You must not submit to Our Website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
5.9 You are solely responsible for your contributions, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
5.10 Without prejudice to our rights under these Legal Terms, if You breach these Legal Terms in any way, or if we reasonably suspect that You have breached these Legal Terms in any way, we may;
a. issue You with a warning in respect of Your non-compliance with the Legal Terms;
b. suspend or terminate, without notice, Your right to use Our Website;
c. modify or remove any content uploaded by You;
d. permanently prohibit You from accessing Our Website;
e. block computers using Your IP address from accessing Our Website;
f. disclose Your identity to any third party where that third party (or their representative) makes a complaint to us relating to content uploaded by You, and it appears to us that the content uploaded by You constitutes a violation of their or any other person’s intellectual property rights, privacy rights or any other rights;
g. disclose Your identity, any content uploaded by You and any other relevant information to the police or any other law enforcement authority in the event that we deem this to be reasonable, necessary or otherwise required or permitted by law;
h. commence legal proceedings against You for all expenses that we incur because of any breach by You of these Legal Terms; or
i. any other or additional action that we deem appropriate in the circumstances.
5.11 Where We suspend or prohibit or block Your access to Our Website or a part of Our Website, You must not take any action to circumvent such suspension or prohibition or blocking.
6. REPORT ABUSE
If You learn of any unlawful material or activity on Our Website, or any material or activity that breaches these Legal Terms, please let us know using the contact form on the Website or by email at info@theminded.org.
7. CONTRIBUTION LICENSE
7.1 You shall at all times remain the owner of all copyright in the content uploaded by You, unless the copyright in such content is owned by a person other than Yourself, in which case that person shall retain the ownership of the content.
7.2 In these Legal Terms, "Your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that You submit to Us or Our Website for storage or publication on, processing by, or transmission via, Our Website.
7.3 By uploading content to Our Website, You grant us a worldwide, transferable, non-exclusive, distribute perpetual, irrevocable, royalty-free licence to use, copy, adapt, modify, reproduce, process, publish, store, translate, transmit, display and distribute such content to anyone, by any means whatsoever, for any lawful purpose, and to relicense, whether or not in exchange for payment, third parties to do the same. This means that any content You upload to the internet via Our Website is public, and may be distributed anywhere by anyone, including persons other than O and those to whom We have relicensed it.
7.4 You grant each user of the Website a non-exclusive licence to access the content You upload through the website, and to use, copy, reproduce, distribute and display such content as permitted through the functionality of the website and under these Legal Terms.
7.5 You grant to us the right to sub-license the rights licensed under Section 7.3.
7.6 You grant to us the right to bring an action for infringement of the rights licensed under Section 7.3.
7.7 You waive any claims You may have based on any usage of the content You upload or the works derived therefrom including (but not limited to) claims for infringement, invasion, misappropriation, or violation of intellectual property or personal rights.
7.8 You also hereby waive all Your moral rights in Your content to the maximum extent permitted by applicable law; and You warrant and represent that all other moral rights in Your content have been waived to the maximum extent permitted by applicable law.
7.9 Without prejudice to Our other rights under these Legal Terms, if You breach any provision of these Legal Terms in any way, or if we reasonably suspect that You have breached these Legal Terms in any way, we may delete, unpublish or edit any or all of Your content.
8. COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright, you own or control, please immediately notify us using the contact information provided below (a ‘Notification’). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
9. PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, We do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and Your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and We cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
10. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as our directory. We simply provide the space to place such advertisements for a fee, and we have no other relationship with advertisers.
11. PROHIBITED ACTIVITIES
You must not:
a. use Our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
b. use Our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
c. use Our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, logic bombs, time bombs, keystroke logger, rootkit or software keystroke loggers or any other programs or code that is harmful or malicious;
d. upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the Website, Our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing the same;
e. use any third parties, software or technology to attempt to gain unauthorised access to Our Website, Our servers, systems, hardware, software or data;
f. attempt to perform any denial of service type attack on Our Website;
g. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Our Website without our express written consent;
h. access or otherwise interact with Our Website using any robot, spider or other automated means, except for the purpose of search engine indexing;
i. to conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate or market to anyone any goods, services or business not authorised by Us;
j. for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
k. for any fraudulent purposes whatsoever;
l. to communicate with, harm or attempt to harm children in any way; or
m. use data collected from Our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
12. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
A. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;
B. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES;
C. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
D. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;
E. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR;
F. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES;
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
13. LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR ANY OF OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US.
14. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our agents, partners and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney’s fees and expenses, made by any third party due to or arising out of: (1) Your contributions; (2) Your use of the Services; (3) breach of these Legal Terms; (4) anybreach of Your representations and warranties set forth in these Legal Terms; (5) Your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom You connected via the Services. Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at Your expense, with Our defense of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject o this indemnification upon becoming aware of it.
15. MODIFICATIONS AND INTERRUPTIONS
15.1 We make no representations and provide no warranties that;
a. the Website will be made available at any specific time or from any specific geographical location;
b. Your access to the Website will be continuous or uninterrupted; or
c. the Website will be accessible or optimised on all browsers, computers, tablets, phones or viewing platforms.
15.2 We reserve the right to suspend access to all or part of the Website for any reason, including for business or operational reasons, such as improving the appearance or functionality of the Website, content updates, periodic maintenance to Our Website or Services, or to resolve any issues that We become aware of. We will not be liable to You if for any reason Our Website is unavailable at any time or for any period.
16. CHANGES TO TERMS OF USE OR OTHER DOCUMENTATION
16.1 We reserve the right to update these Terms of Use, Privacy Policy, Cookies Policy and any other documentation referred to in any of these documents from time to time. We may change our Terms of Use and other documentation for any reason, including:
a. to reflect any changes in the way We carry out Our business;
b. to account for any changes We make to Our Website, including, without limitation, any new features or functionality We provide, any adjustments to the means by which We provide notices to You, or any changes in the content, purpose or availability of the Website;
c. to accurately describe Our current data-processing activities so that You are kept up to date with Our latest practices;
d. to inform You of any changes in the way that We use cookies or similar information-gathering technologies; or
e. to ensure that Our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.
f. and You hereby waive any right You may otherwise have to be notified of, or to consent to, revisions of these Terms of Use. If required by law, we will provide You with notice of any changes in these Terms of Use or the other documentation referred to in them by posting a notice on the website and/or by posting an updated version of these Terms of Use or other such documentation on Our Website with a new effective date stated at the beginning of them.
16.2 By continuing to access Our Website after we have updated our Terms of Use, You agree to be bound by those updated versions. You also acknowledge that by continuing to access Our Website after We have updated our Privacy Policy and/or our Cookies Policy, that the practices set out in those updated policies will apply to Our handling of Your personal information and Our use of cookies or similar information-gathering technologies.
16.3 You must check these Terms of Use and all other documentation referred to in them each time You access Our Website in order to ensure that You are aware of the terms that apply to You at that time.
16.4 The date that these Terms of Use was last amended is set out at the top of that document and may be referred to as that document’s ‘effective date’.
17. ENTIRE AGREEMENT
These Terms of Use, together with our Privacy and Cookies policy, shall constitute the entire agreement between You and Us in relation to Your use of Our Website and shall supersede all previous agreements between You and Us in relation to Your use of Our Website.
18. GOVERNING LAW
18.1 These Terms of Use and any documents referred to in it, and any disputes arising from or in relation to it, whether contractual or not, shall be governed by and construed in accordance with Canadian law.
18.2 The courts of Canada shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Use or any documents referred to in it.
19. CONTACT US
The Minded is a registered business in Canada under business registration number 1000795709.
In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at: