Wisemind Terms & Conditions

Wisemind Terms & Conditions

Introduction

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use (the “Terms and Conditions”), which together with our privacy policy, govern Wisemind's relationship with you in relation to this website.

Our website refers to the website located at www.Wisemind.com (the “Website”). The term Wisemind or “us” or “we” refers to the owner of this Website, Wisemind.com Ltd whose registered office is located at Suite 2512 Langham Place Office Tower, 8 Argyle Street, Mongkok, Kowloon, Hong Kong. The term “you” refers to the user or viewer of the Website.

Wisemind reserves the right to modify these Terms and Conditions and the content and services contained in the Website at any time and without liability. By using the Website, you agree that the then current version of these Terms and Conditions applies to your use of the Website.

1. Service

1.1 Service definition

Wisemind provides a video on-demand service accessible via the Website, where audio-visual content (the “Video(s)”) is made available to you on a rental basis by way of streaming, for a monthly or annual fee (the “Service”).

The Service can be accessed on internet protocol enabled devices which allow access to the Website, typically laptop and desktop computers, but also, from time to time, devices such as televisions, game consoles, tablet computers or Blu-ray devices. You acknowledge that the Service may not work on all devices that fall within the list of device types set out above. You are responsible for ensuring that you are able to access the Service through your individual devices.

The device through which you are viewing the Videos must meet the minimum requirements:

  • Internet Explorer 9 and above
  • Firefox 3
  • Google Chrome
  • Safari
  • Opera

1.2 Free Trial

Wisemind will allow people access to the Wisemind content for a defined period for the purpose of a trial (we shall refer to these people as “guests”). If guests no longer wish to use the Wisemind service, then the guest must cancel their free trial membership within the defined period from the time they signed up. If they haven’t cancelled their membership within the defined period, then the membership shall convert to a paid membership (either monthly or yealry, depending on what  membership and their pre-entered card details shall be charged at the appropriate rate.

Guests are limited to one free trial period per customer.

1.3 Payment

Charges are shown before you choose to subscribe to the service. All charges are GST inclusive unless otherwise stated. Charges will be either:

  • billed to your nominated credit card (we accept Mastercard, Visa and Diners Club only); or
  • debited from a prepaid card or voucher issued by us and redeemed by you (according to the terms of use attached to the said prepaid card or voucher).

Payment currency is US Dollars.

1.35 Refunds

If a member cancels their membership prior to the expiry of the current billing period, they retain access to all content up to the expiry date. No refunds will be given for memberships cancelled prior to the current billing period.

1.4 Registration

You must be a registered member to access certain features of the website.

To be eligible to use the service, you must be at least 18 years of age, have a valid credit/debit card or Stripe account and a valid email address that you provide to us and keep current.

To create an account, you must be:

  1. at least 18 years of age;
  2. possess the legal right and ability to enter into a legally binding agreement with us; and
  3. agree and warrant to use the website in accordance with these Terms.

1.5 Use of Software

We grant you the right to access and use the website with the particular user roles available to you according to your membership type. This right is non-exclusive, non-transferable, and limited by and subject to these Terms.

1.6 Collection Notice

By accessing and/or using this website and related services, you agree and consent to the collection, use, disclosure and storage of personal and/or health information in accordance with the Privacy Policy.

2. Accuracy, completeness and timeliness of information

The information on the website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on the website, to the extent permitted by law, we make no warranty regarding the information on the website. You should monitor any changes to the information contained on the website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the website or a linked website. You must take your own precautions to ensure that whatever you select for your use from the website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

3. Ownership and Use of Data

Title to, and all intellectual property rights in, the Data remain your property. You grant to us a licence to use, copy, transmit, store, and back-up your information and Data for the purposes of enabling you to access and use the website and for any other purpose related to provision of services to you or set out in our Privacy Policy.

4. Acknowledgement

You acknowledge that:

  1. You are authorised to use the website and to access the information and Data that you input into the website, including any information or Data input into the website by any person you have authorised to use the website.
  1. We have no responsibility to any person other than you and nothing in these Terms confers, or purports to confer, a benefit on any person other than you. If you use our services or access the website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
  • You are responsible for ensuring that you have the right to do so;
  • You are responsible for authorising any person who is given access to information or Data, and you agree that we have no obligation to provide any person access to such information or Data without your authorisation and may refer any requests for information to you to address; and
  • You will indemnify us against any claims or loss relating to:
  • our refusal to provide any person access to your information or Data in accordance with these Terms,
  • us making available information or Data to any person with your authorisation.
  1. The provision of, access to, and use of, the website is on an "as is" basis and at your own risk.
  1. We do not warrant that the use of the website will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the website, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the website. We are not in any way responsible for any such interference or prevention of your access or use of the website. We make no warranty that:
  • errors or defects will be correct;
  • the website will be free of viruses or other harmful components; or
  • the website will not be affected by data entry errors, including incorrect entries, double entries or delayed entries, or incorrect or untimely data supplied by third parties.
  1. We are not your health or medical practitioner and use of the website does not constitute the receipt of health or medical advice. If you have any health or medical questions, please contact a health or medical practitioner.
  1. It is your sole responsibility to determine that the website meets your needs or the needs of your business and are suitable for the purposes for which they are used.
  1. You remain solely responsible for complying with all applicable privacy, health and other laws. It is your responsibility to check that storage of and access to your Data via the website will comply with laws applicable to you (including any laws requiring you to retain records).
  1. No advice or information, whether oral or written, obtained by you or through the website will create any warranty not expressly included in these Terms or required by law.

5. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the website, including but not limited to:

  1. any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
  1. using this website to defame or libel us, our employees or other individuals;
  1. uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  1. posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

If we allow you to post any information to the website, we have the right to take down this information at our sole discretion and without notice.

6. Intellectual Property Rights

6.1 Copyright and trademarks

All content on or available through the Website (and all intellectual property rights that subsist in this content, including copyright, trademarks, patents, design and graphics rights and all other form of intellectual property rights) are owned by Wisemind or its licensors and suppliers.

You may not download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works or exploit the content of the Website in any way.

Unless otherwise specified, the Videos accessed through the Website are provided for your personal and non-commercial use. Wisemind grants you a limited licence to access the Videos for that purpose and may terminate this licence upon breach by you of these Terms and Conditions.

Except for rights expressly granted to you, all rights in the Videos are reserved by us or our licensors.

7. Liability

To the full extent permitted by law, neither we or any third parties provide any warranty or guaranty to you, including in relation to Wisemind provision of the Service, the performance, accuracy, completeness or timeliness of the information and materials found or offered on this Website, or that these information and materials will be free of error or omission.

To the full extent permitted by law, Wisemind excludes liability for any loss or damage (including indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of the Service or the Website.

You acknowledge that your ability to stream Videos and the quality of the streaming is affected by many factors including the specifications of the device through which you are viewing the Videos, the internet connection (including the speed of data uploading and downloading) through which the Videos are streamed, other tasks that your device is performing whilst the Videos are streamed as well as the amount of other traffic on the network at the time you are streaming the Videos.

You agree to indemnify and hold harmless Wisemind and its subsidiaries, shareholders, directors, officers or employees from and against any loss, damage, liability, costs and/or expenses incurred or suffered by any of them arising out of your breach of these Terms and Conditions.

If you breach these Terms and Conditions, Wisemind may (at its option, and without limiting the remedies available to Wisemind in any way) terminate or restrict your use of the Service or bar you from accessing the Website on a temporary or permanent basis.

We may assign any or all of our rights and obligations pursuant to these Terms and Conditions without the need to obtain your consent. Your use of the Service and the Website and any dispute arising out of such use of the Service and the Website is subject to the laws of New South Wales, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.

8. My Office 3

Wisemind.com also offers the My Office 3 service to registered members. The My Office 3 feature is comprised of the following services:

  • My Clients
  • My Site
  • My Teams

8.1 My Clients

8.2 My Site

8.2.1 Sub-domain names: wisemind.com will launch your site on a subdomain of wisemind.com. We reserve the right to resrict your use of any subdomain and to also revoke the use of any subdomain at our discretion and without any compensation being given. All subdomains must use more than 7 characters for the initial prefix: 1234567.wisemind.com

8.3 My Teams