Terms and Conditions
Introduction
These Terms and Conditions (“Terms”) contained on this webpage constitute a legal agreement between you, as a prospective customer of Mindswave services, and Mindswave Technologies SL Limited (“Mindswave,” “we,” “our,” or “us”). These Terms govern your access to and use of Mindswave’s services, which include all pages within the Mindswave website, mobile applications, and other products and services (collectively referred to as the “Services”).
These Terms apply fully to your use of the Services. By using any of the Services, you expressly accept all terms and conditions contained herein without limitation or qualification, including our Privacy Notice. If you object to any of these Terms, you must not use any of the Services.
Who We Are And Our Company Information
We are Mindswave Technologies SL Limited, a company registered under the laws of Sierra Leone. Our registered office is at 27 Main Peninsular Road, Lakka, Goderich.
PLEASE READ AND UNDERSTAND THE TERMS OF AGREEMENT CAREFULLY BEFORE AGREEING TO BE BOUND BY ITS TERMS.
Governing Language
The governing language of these terms and all communication between Mindswave and you will be English.
Who May Use Our Services?
You may use the Services only if you agree to form a binding contract with Mindswave and are not a person barred from receiving services under the laws of the applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, business, or organization, you represent and warrant that you are authorized to do so.
Age Restriction
Our website and Services are directed to individuals aged 18 and above. You may only use the Services if you are aged 18 or older. We do not knowingly engage with individuals younger than 18 years of age.
Intellectual Property
Unless otherwise stated, Mindswave and/or its licensors own the intellectual property rights and materials on the website subject to the license below. All content, including text, formatting, graphics, animations, tools, commercials, music, video, articles, sound, copy, trade names, logos, and other materials on the website are subject to the intellectual property rights of Mindswave and its affiliates, licensors, and licensees (collectively the “Content”). You are not granted any right, license, title, or interest to any of our intellectual property rights. The Content may not be copied, reverse-engineered, decompiled, disassembled, modified, or reposted to other websites without permission. Nothing on the Mindswave website should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Mindswave website without the written permission of Mindswave or such third party that may own the trademark.
License to Use Our Website
We grant you a non-assignable, non-exclusive, and revocable license to use the software provided as part of our Services in the manner permitted by these Terms. This license grant includes all updates, upgrades, new versions, and replacement software for your use in connection with our Services.
The Services are protected by copyright, trademark, and other laws of Sierra Leone and foreign countries. Nothing in these Terms gives you a right to use the Mindswave name or any of Mindswave’s trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services are and will remain the exclusive property of Mindswave and its licensors.
If you do not comply with all provisions, you will be liable for all resulting damages suffered by you, Mindswave, and all third parties. Unless otherwise provided by applicable law, you agree not to alter, redesign, reproduce, adapt, display, distribute, translate, disassemble, reverse engineer, or otherwise attempt to create any source code derived from the software.
Any feedback, comments, or suggestions you provide to us regarding our Services are entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit without any obligation to you.
Information Security and Warranty Disclaimer
MINDSWAVE WILL USE ITS BEST EFFORTS TO ENSURE THAT THE WEBSITE IS AVAILABLE AT ALL TIMES AND BUG-FREE. HOWEVER, IT IS USED AT YOUR OWN RISK.
WE PROVIDE ALL MATERIALS “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MINDSWAVE MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL REMAIN FREE FROM ANY INTERRUPTION, BUGS, INACCURACIES, AND ERROR.
YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK, AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE THAT RESULTS IN LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR WEBSITE OR OUR SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED.
TO USE OUR SERVICES, YOU ARE REQUIRED TO ENABLE 2 FACTOR AUTHENTICATION (2FA) AS AN EXTRA LAYER OF PROTECTION TO GUARANTEE THE SECURITY OF YOUR ACCOUNT. MINDSWAVE SHALL NOT BEAR ANY LIABILITY FOR ANY LOSS OR RISK SUFFERED WHERE YOU DO NOT ENABLE 2FA.
You are responsible for configuring your information technology, computer programs, and platform to access our Services. Please ensure you use virus protection software, as we cannot guarantee that our Services will be free from viruses or bugs.
You must not attempt to gain unauthorized access to our Services, computers, or databases. You must not misuse our Services by introducing trojans, viruses, or other malicious or technologically harmful materials.
Limitation of Liability
YOUR USE OF THE MINDSWAVE WEBSITE AND SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO THE LIMITATION OF LIABILITY CLAUSE: MINDSWAVE WILL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR ANY DAMAGES, INCLUDING DAMAGES RESULTING FROM REVENUE LOSS, PROFIT LOSS, USE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES (WHETHER MINDSWAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT) ARISING OUT OF MINDSWAVE’S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, INABILITY TO USE, OR ARISING FROM THE RESULT OF USE OF MINDSWAVE’S WEBSITE OR SERVICES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, TORT, CONTRACT, STATUTE, OR ANY OTHER LEGAL THEORY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON THE SCOPE AND DURATION OF SUCH WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETY BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You hereby indemnify Mindswave and agree to keep Mindswave, its staff, and affiliates indemnified against any losses, damages, costs, liabilities, and expenses (including, without limitation, reasonable legal fees and expenses) arising out of any breach by you of any provision of these Terms or arising out of any claim that you have breached any provision of these Terms. You will indemnify and hold Mindswave harmless from and against any claim, suit, or proceedings brought against Mindswave arising from or in connection with violations of intellectual property or other rights of third parties in relation to your use of the Services.
Breach of these Terms
Without prejudice to Mindswave’s other rights under these Terms, if you breach these Terms in any way, Mindswave may take such action as Mindswave deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that your access to the website be blocked, and/or bringing court proceedings against you.
Cookies
Like many other websites, we use cookies to identify you as a user and to customize and improve our Services. A cookie is a small data file transferred to your computer or mobile device. It enables us to remember your account log-in information, IP addresses, web traffic, number of visits, date and time of visits.
Some browsers may automatically accept cookies, while others can be modified to decline cookies or alert you when a website wants to place a cookie on your computer. If you choose to disable cookies, it may limit your ability to use our website.
Data Privacy and Protection
Mindswave recognizes the importance of protecting the privacy of those who visit and use the Mindswave Services. Mindswave remains compliant with applicable data protection laws in Sierra Leone, including the Personal Data Protection Act. With respect to all Personal Information collected or processed in connection with Mindswave, such information is in compliance with all data protection regulations in force. Mindswave maintains a Privacy Notice providing an overview of the Personal Information we collect about you or that you provide to us. By using the Mindswave Services, you consent to such processing and warrant that you provide accurate information.
Governing Law
These Terms shall be interpreted and governed in accordance with the laws of Sierra Leone, and you submit to the non-exclusive jurisdiction of the courts located in Sierra Leone for the resolution of any dispute.
Termination
You may terminate your agreement with Mindswave by ceasing to use Mindswave Services. We may suspend or terminate our Services to you at any time for any reason, including, without limitation, breach of these Terms, fraud, impersonation, etc.
Upon termination, your right to use the Mindswave Services or platform will immediately cease.
Prohibited and Requiring Pre-Approval Sub-Merchant Types
Sub-merchants Requiring Pre-Approval: Mindswave shall not solicit or sign agreements with merchants or sub-merchants (i) in any of the following categories/businesses, or (ii) engaging in any of the following activities unless Mindswave is entering into a broad-based program with a recognized referral, technology, or marketplace partner that specializes in these types of activities or businesses and such program is pre-approved by Mindswave in its sole discretion. Such activities are as follows:
[Insert list of prohibited and requiring pre-approval sub-merchant types specific to Mindswave’s policies and regulations.]
Changes to the Mindswave Terms of Use
Mindswave reserves the right to change, revise, or modify these Terms from time to time by updating this page. The changes will not be retroactive, and the most current version of the Terms will always be on this page and will continue to govern our relationship with you. We will also endeavor to notify you of any material changes via email associated with your account or service notification. By continuing to use our Services after the changes become effective, you agree to be bound by the revised Terms.
General
These Terms supersede and extinguish all previous agreements between you and Mindswave, whether written or oral, relating to its subject matter. In the event that any of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain subsisting and in full effect. Mindswave’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Complaints
If you have any complaints about us and our Services, you may contact us at [email protected].
Contact Us
Mindswave Technologies SL Limited
Email Address: [email protected]
Support Email: [email protected]
Address: 27 Main Peninsular Road, Lakka, Goderich
Hours of Operation: 9am – 6pm (Mon – Fri)