Mindset Dimensions Report User Agreement
The terms and conditions set out below apply to the use of the Mindset Dimensions Report provided by Mindset Dimensions Ltd, a company registered at Companies House under number 13132819 and with registered address 2 Belgrave Road, Cambridge, CB1 3DE (“we”, “us”, “our” “Mindset Dimensions” or “the Licensor”).
Please read these terms carefully as they affect your (“you”, “your”, “the User” or “the Licensee”) rights and liabilities under law and set out the terms under which Mindset Dimensions permit you to use the Mindset Dimensions Report and it’s associated diagnostic tool, the Mindset Dimensions platform.
These terms are governed by English Law and the Courts of England have exclusive jurisdiction over any matter and proceedings arising out of your purchase of a licence to use the Mindset Dimensions Report.
Please be aware that at present all information within the Mindset Dimensions Report and any communications relating to it are delivered entirely in English and no translations are provided.
Upon purchasing a licence to use the Mindset Dimensions report, you will be asked to provide an electronic signature to confirm your acceptance of these terms. In doing so you will be bound to all of the terms without variation, so please read them carefully before authorising with your signature.
1. The Mindset Dimensions Report: An Overview
1.1 The Mindset Dimensions Report is a psychometric profiling tool which supports users to determine key essential attributes of a profiled individual. Such profiled individuals may be the user’s clients. After an individual has answered a number of questions the diagnostic tool will determine calculated results of the profiled individual relating to, for example, self-efficacy and self-esteem.
1.2 The tool is to be used by those who hold a coaching certification from a recognised accredited training provider with NLP or mindset specialism such as the Mindset Coach Certification Program provided by the Mindset Coach Academy, or have successfully completed the Mindset Dimensions Certification Program.
1.3 On purchasing, each Licensee is granted an exclusive, limited-use licence to use the Mindset Dimensions Report up to the number of reports included in the initial purchase.
1.4 After the initial purchase, Licensees can purchase bundles of reports to top up their report balance to use with their own clients as profiled individuals. Licensees can purchase reports in bundles of 1, 10, 25, 50 or 100. Licensees should be aware that more than one report is likely to be required for each of their clients, as reassessment is recommended at six-month intervals. Licensees are referred to the training and guidance notes for further information on how best to utilise the Mindset Dimensions Report.
1.5 Once a profiled individual has been set up in the Mindset Dimensions platform, a report is deemed to have been used and will be deducted from the total number of reports purchased by the Licensee.
2. Fees and Licensing
2.1 In consideration of the Licensee paying the Licence Fee, as advertised, and agreeing to the terms, an exclusive licence is granted for use by the Licensee until all the reports purchased have been used.
2.2 The Licence is non-transferrable and for the exclusive use for the Licensee and the Licensee’s clients as profiled individuals.
2.3 The Licence Fee is a fixed payment to the Licensor that is exclusive of Value Added Tax. Where applicable, Value Added Tax will be added to the advertised License fee on purchase.
2.4 The Licensor reserves the right to increase the price of the advertised report top-up bundles without notice.
2.5 Under no circumstances is the Licensee permitted to create a sub-licence for another user.
2.6 At all times the Intellectual Property rights and copyrights connected to The Mindset Dimensions Report and Mindset Dimensions platform remain with the Licensor. The Licensee has the right to use the tool as a diagnostic learning tool but is not permitted to duplicate, imitate or in any way copy, or provide copies to third parties, either the data capture elements utilised by the tool, the training materials or the output reports.
2.7 In agreeing to these terms, the user accepts that they are also responsible for ensuring that their clients and any profiled individuals are also aware of the licensing and use limitations.
3. Permitted and Recommended Use
3.1 Prior to commencing use of the diagnostic tool, each user must have completed a mindset coaching certification or equivalent, or must complete the Mindset Dimensions Certification program.
3.2 A user required to attain Mindset Dimensions Certification must complete each of the eight certification training modules and take assessments in each module, which they must pass and receive certification before they will be permitted access to the diagnostic tool.
3.3 The training provides key foundations to the user to support them to:
i) Interpret the report; and
ii) Make recommendations based on the outcomes of the report.
3.4 The training comprises of eight modules which include a combination of self-study and live training masterclasses.
3.5 Masterclasses for the eight modules will be delivered on a rolling weekly rota. Training dates will be advertised on the membership site.
3.6 The training provided under the licence fee is a foundations level training. More in-depth training and coaching is provided as part of the Mindset Coach Certification Program provided by the Mindset Coach Academy.
3.7 The training shall not constitute coaching or provide the Licensee with any coaching qualification.
3.8 A Licensee that is already a Certified Mindset Coach will receive access to support resources on how to access and use the platform and the report.
4. Use of the Mindset Dimensions Report
4.1 Once the user has been granted a licence they will be invited to create a user account. The account is a private portal area for the Licensee to access their client’s reports and analyse results.
4.2 Via the portal, the Licensee can invite their clients to complete assessments by generating bespoke links. Once any assessments have been completed the results will be stored within the Licensee’s portal area. Whilst the Licensee’s portal area is confidential, users should be aware that the Licensor and their technical support team can access the data input into the tool and any reports generated and the Licensee must warn their clients in this regard.
4.3 The Mindset Dimensions Reports can then be reviewed and utilised by users to determine key values of any profiled individual.
5. Refunds and Cancellations
5.1 Once the terms of this agreement have been electronically signed and the licence fee paid, the Licensor will be granted access to the training area of the tool. Users will not be able to run diagnostic reports until the training has been completed.
5.2 Users are entitled to seek a refund within the first 14 days following purchase. Once any training is accessed any right to a refund will be diminished pro-rata in accordance with the value of the training received.
5.3 Following the first 14 days after purchase, refunds will only be provided in accordance with statutory rights. Should the Licensee consider that they are entitled to obtain a refund at any point they should set out their request in writing and send it to team@mindsetdimensions.com.
6. Warranties
6.1 The Licensor warrants to the Licensee that:
(a) the Licensor has the legal right and authority to enter into this Agreement and to perform its obligations under this Agreement; and
(b) the Licensor has or has access to all necessary know-how, expertise and experience to perform its obligations under this Agreement.
6.2 The Licensee warrants to the Licensor that:
(a) the Licensee will use the diagnostic tool in accordance with these terms; and
(b) the Licensee commits to paying all payments for fees due under the Agreement.
6.3 All of the parties' warranties and representations in respect of the subject matter of this Agreement are expressly set out in this Agreement. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this Agreement will be implied into this Agreement or any related contract.
7. Limitations, exclusions of liability and disclaimers
7.1 Nothing in this Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
7.2 The limitations and exclusions of liability set out in this clause 7 and elsewhere in this Agreement:
(a) are subject to Clause 7.1; and
(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.
7.3 The Licensor shall not be liable to the Licensee in respect of any loss or damage which may arise as a result of their use of the diagnostic tool and the subsequent reports and profile.
7.4 The Licensor does not provide any guarantee that the software and login access will be available at any specific time. The Licensor shall not be held liable for any loss of profits of the Licensee should they be unable to access the tool or reporting and analysis system at any time. Users will be given as much notice as possible for any scheduled maintenance.
7.5 The diagnostic tool assists with the profiling of individuals. The reports generated as a result of the use of the tool require analysis and then appropriate recommendations. The Licensor is not responsible for any of the recommendations made, or not made, by the Licensee as a result of the report.
7.6 Neither the diagnostic tool, nor any of the reports created from it are intended to diagnose, treat or cure any psychological or medical conditions. Should the Licensee or profiled individual have any health concerns they should immediately seek the input and advice from a medical professional.
8. Data Protection
8.1 The Licensor shall only process personal data:
- as described in this Agreement as incidental to the performance of this Agreement;
- for the duration of, but in no event longer than necessary, to complete this Agreement;
- with the legal basis of the processing of data being for the performance of this Agreement.
8.2 The nature and purpose of the processing shall be in accordance with the performance of this Agreement which is expressly not intended to be a data processing agreement and any personal data processed is incidental to the performance of the Services.
8.3 The obligations and rights of the Licensor are to maintain the confidentiality of the personal data. Any employees of the Licensor or other people authorised by the Licensor to process personal data under this Agreement, such as software engineers, a virtual assistant or accountant, must keep the personal data confidential.
8.4 The Licensor must implement appropriate technical and organisational measures to ensure an appropriate level of security is applied to the personal data processed.
8.5 The Licensor must delete all personal data processed in connection with this Agreement two years after completion of the Services.
9. Complaints
9.1 Should the Licensee be unhappy with the service provided they must comply with the Complaints Procedure as set out on https://access.mindsetdimensions.com.
10. General
10.1 Should the Licensee breach any of these terms the Licensor reserves the right to revoke the licence and access to the platform with immediate effect and without providing the Licensor with access to any data held within the platform.
10.2 No breach of any provision of this Agreement shall be waived except with the express written consent of the party not in breach.
10.3 If any provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this Agreement will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
10.4 This Agreement may not be varied except by a written document signed by or on behalf of each of the parties.
10.5 Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under this Agreement.
10.6 This Agreement is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this Agreement are not subject to the consent of any third party.
10.7 This Agreement shall constitute the entire agreement between the parties in relation to the subject matter of this Agreement, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
10.8 This Agreement shall be governed by and construed in accordance with English law.
10.9 The courts of England & Wales shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Agreement.
EXECUTION
The Parties have indicated their acceptance of this Agreement by executing it below.
SIGNED BY: Licensor SIGNED BY: Licensee
DATE: DATE:
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