Terms & Conditions

Updated 06/07/22

1.0 INTRODUCTION

The following terms & conditions (the “Terms”) contain the terms and conditions on which we, Mindset Development Group Ltd, supply content, products and services listed on www.pocketmentorapp.com (the “Website”) and via our iOS and Android applications (the “Apps”).

Please read these Terms carefully before purchasing any products from the Website or via the Apps.

The Website, Apps and their content, products and services are collectively referred to henceforth as the “Product” or “Products .” The terms “us”, “we”, “our” or “The Pocket Mentor” refer to Mindset Development Group Ltd. The Pocket Mentor is a Product created by Mindset Development Group ltd. The terms “you”, “your”, “user” refer to the members of The Pocket Mentor.

For any queries please contact hello@pocketmentorapp.com

2.0 CHANGES TO TERMS

Mindset Development Group ltd reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.pocketmentorapp.com. Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Products or by email.

3.0 MEMBERSHIP

Users can access The Pocket Mentor via a paid subscription, purchased via the Website or within the Apps. You will only have access to the Products while your subscription is active.

If your subscription is created via the iOS or Android Apps, you manage your subscription, including renewal, via your App or Play Store account.

If your subscription is created via the Website, you manage your subscription information, including renewal, via the Manage Subscription page in The Pocket Mentor.

The Pocket Mentor accounts created via a Subscription on the Apps can also be accessed on the Website version of The Pocket Mentor. The Pocket Mentor accounts created via the Website can be accessed via the Apps.

3.1 MEMBERSHIP TYPES

The Pocket Mentor offers monthly and annual subscription options. You must provide

credit or debit card details when you take out a subscription (the “Payment Method”). You acknowledge and agree that Mindset Development Group ltd is authorised to charge the Payment Method you have set up on the monthly or annual anniversary, and each subsequent anniversary, automatically until cancelled by you. You must cancel your subscription before the next monthly or annual anniversary to avoid being billed the next subscription fee. Refunds cannot be claimed for any partial subscription period.

(a)The Monthly Subscription
For the purposes of our “Monthly” subscription you will be charged every month on the same numerical date that the subscription was first purchased. For example, if the first purchase is on 3rd March, the next payment will be made on 3rd April.

(b)The Annual Subscription
For the purposes of the “Annual” subscription you will be charged every year on the same numerical date and month that you first bought the subscription. For example, if the first payment is on 3rd March 2021, the following payment will be 3rd March 2022.

3.2 PROMOTION AND DISCOUNT CODES

Any promotion code or discounted offer provided by The Pocket Mentor are available to new users of the Products only. Promotion codes may not be used in conjunction with any other offer, past or present. Previous users or trial users of the Products do not

qualify as new users. Unless otherwise set forth in the terms of any promotion, discounts will apply to the initial period of the subscription, and any renewals after the expiration of the coupon code will be charged at the full rate in effect at the time of renewal for the type of subscription purchased.

3.3 FREE TRIAL

When creating your The Pocket Mentor subscription there is a 7 day free trial. This means payment for your subscription will be taken from your Payment Method on the 8th day. It is your responsibility to manage and, if required, cancel your subscription before the 7 day trial ends if you decide you don’t want or need to continue with your subscription. No refunds will be given.

4.0 CANCELLATION AND CHANGES

4.1 Cancellation By You

If You decide you no longer wish to be a member of The Pocket Mentor, you can cancel your subscription at any time in your profile settings. Thereafter no further recurring payments shall be taken and you will still have access up until your next renewal date, at which point your access will be terminated. If your subscription was created via the Website you manage and cancel your subscription via the Manage Subscription settings in The Pocket Mentor. If your subscription was created via the Apps you manage and cancel your subscription via the App or Play store.

4.2 Cancellation By Us

We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorised copying or download of our audio, video and text content from the Products.

4.3 The Payment Method

You agree to promptly notify The Pocket Mentor of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you. You can update your Payment Method in your profile settings.

4.4 Changing Fees and Charges

We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Products. We will notify you at least 30 calendar days in advance of any such change. If you do not agree to

the change, you may change or cancel your subscription in your profile settings. Thereafter no further recurring payments shall be taken and you will still have access to The Pocket Mentor up until your next renewal date, at which point access will be terminated.

5.0 PROHIBITED USE OF THE PRODUCTS

5.1 You agree not to upload, post, email or otherwise send, transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software, hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorised manner.

5.2 You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.

5.3 By breaching the provisions of this section 5, you may commit a criminal offence under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.

5.4 You agree not to use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent of Mindset Development Group ltd.

5.5 You agree that you will not and you will not assist or permit any third party to: (a) Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de- compile, or disassemble the Products in any way, or create derivative works of the Products;

(b) Use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
(c) Rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part;

(d) Tamper with the Products or circumvent any technology used by Mindset Development Group ltd to protect any content accessible through the Products;

(e) Make the Products available to the public. The Products made available (in whole or in part) are owned by Mindset Development Group and your use of them must be in accordance with these Terms.
(f) Use the Products in a way that violates these Terms.

6.0 COPYRIGHT

All materials contained in the Products are owned by Mindset Development Group ltd, unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than your specific membership use of such materials, you shall not acquire any ownership rights to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.

7.0 AVAILABILITY OF PRODUCTS

7.1 Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us using the contact form, which can be found on the contact us page, where we will review your feedback and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.

7.2 Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can.

8.0 PRODUCTS DISCLAIMER

8.1 The information contained in the Products is for general information purposes only. While we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

8.2 Mindset Development Group ltd uses embedded software by Vimeo and Stripe, by agreeing to these Terms you also agree to adhere to the terms and conditions set out by both companies. These terms and conditions can be found on the Vimeo website here and Stripe website here.

8.3 You agree to be contacted by The Pocket Mentor via the given email address about Product updates and account information.

8.4 If your subscription was created via the iOS App your payment Terms are with Apple. You can find Apple’s terms and conditions here

8.5 If your subscription was created via the Android App your payment Terms are with Google. You can find Google’s terms and conditions here

9.0 USE BY UNDER 18’s

Users under the age of 18 should always seek the bill payers permission before committing to paying their subscription fee. Mindset Development Group ltd is not accountable for any payments made without the consent of a responsible adult or bill payer.

10.0 MEDICAL DISCLAIMER

10.1 The Pocket Mentor is a provider of online and mobile mental resilience content in the wellbeing space. We are not a health care or medical provider, nor should our Products be considered medical advice. Only your doctor or other health care provider can do that. The Pocket Mentor makes no claims, representations or guarantees that the Products provide a therapeutic benefit.

10.2 People with existing mental health conditions should speak with their health care providers before using The Pocket Mentor.

10.3 Any wellbeing information and links on the Products is provided simply for your convenience. Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to help build awareness of mental resilience and wellbeing and the different tools available. We are not liable or responsible for any consequences of you having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products.


PRIVACY POLICY

Updated 06/07/22

Please read this Privacy Policy, our Terms and Conditions and Cookie Policy to understand how we collect and process your personal data.

1. Who are we?
Mindset Development Group ltd is the data controller and we are responsible for your personal data.

If you are not happy with how we collect and use your data, we’d appreciate you contacting us first and we will try to resolve it for you. You have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).

Our email address is: hello@pocketmentorapp.com

2. What Information Is Collected?
The following personal information is collect when creating a The Pocket Mentor membership:
-> Name
-> Email address
-> Payment details
-> Postcode

3. Legal basis for collecting this personal data
Under the GDPR and the DPA, we must have a legal reason to collect, keep and use your data. We rely on the following legal basis for processing your data:
(a) consent
(b) contract
(c) Legitimate Interests

(a) Consent Includes
When you create a The Pocket Mentor membership and tick the box to agree to the Terms and Conditions and Privacy Policy and consent to the processing and collection of your personal information as outlined in this privacy policy.

By opting in to marketing emails when creating a The Pocket Mentor membership or manually signing up to receive such emails. You can opt out anytime using the unsubscribe button in an email you have received from us.

(b) Contract Includes 

The performance of the contract (The Pocket Mentor terms and conditions) between You and Mindset Development Group ltd for the data processing relating to your use of Mindset Development Group ltd Products, including your orders and payments.

(c) Our Legitimate Interests include:
Our business interest in providing you with emails and push notifications for timely introductory materials and information about your The Pocket Mentor account, our Product features and updates.

Our business interest in collecting data regarding your general usage activities for the purpose of improving The Pocket Mentor user experience.

Our business interest in requesting that you partake in Product surveys in order to better understand your needs and expectations.

Our financial interest in providing you the opportunity to purchase The Pocket Mentor gift subscription.

Our business interest in providing you with customer service communications regarding your account, in order to have clear and easy communication with you and to respond to all your requests.

Our business interest in complying with our legal obligations, such as maintaining accurate financial records.

Our financial interest in providing you with promotional offers and/or discounts with respect to paid memberships.

4. Who We Share Your Information With
We are committed to protecting your data and therefore it will never be sold
to external organisations.

By creating your The Pocket Mentor membership you give consent to share your personal information with our third party software integrations Stripe and Mail Chimp for the purposes of creating and maintaining your account.

For subscriptions created via the Website Stripe facilitate the subscription payment and hold your name, email address, payment details and postcode. You can find Stripe’s privacy policy here.

Mail Chimp is used for email communications, to notify you of about your account. They hold your email address and name. You can find Mail Chimp’s privacy policy here.

5. How To Access, Correct or Delete Your Information
Under the General Data Protection Regulation 2016/679 you have the right to request a copy of the information that we hold about you. You can access and correct any personal data you share with us in your The Pocket Mentor account, under the profile settings.

If you do not want to receive any further information from The Pocket Mentor and would like us to remove your name from our mailing list, use the unsubscribe link in the email you have received.

6. Safe Storage
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your personal Information, we cannot guarantee it is absolute security and you disclose this information to us at your own risk.

7. How Long We Store Your Data For
We store your personal information for as long as is necessary for the relevant activity. If you request that we stop sending you marketing materials we will keep a record of your contact details to enable us to comply with your request not to be contacted by us, we won’t keep any information that we don’t need.

8. Changes to This Privacy Policy
This Privacy Policy may be updated from time to time. You are advised to review this page periodically for any changes. You will be notified of any changes by the posting of the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page.

9. Contact Us
If you have any questions about these please contact us at hello@pocketmentorapp.com


COOKIE NOTICE

No crumbs here!

Like many companies we partner with third parties, such as Facebook and Google, to manage the marketing of our Products on other platforms, where such advertising is based on your past visits to our Products. These third party partners may use technologies, such as cookies or pixel tags to gather information about your activities on the Products to deliver such advertising to you when you visit their platforms. For instance, if you visit www.pocketmentorapp.com a cookie may be attached to your browser in the form of the Facebook Pixel that allows Mindset Development Group ltd to deliver advertising to you on the Facebook platform.

1. What is a cookie?
A ‘cookie’ is a piece of information that is stored on your computer’s hard drive and records how you move around a website so that, when you revisit that website, it can present tailored options based on the information stored about your last visit. Cookies can also be used to analyse traffic and for advertising and marketing purposes.

If you want to check or change what types of cookies you accept, this can usually be altered within your browser settings. You can block cookies at any time by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

Cookies can also be categorised as follows:
Strictly necessary cookies: These cookies are essential to enable you to use the website effectively, such as when buying a product and / or service, and therefore cannot be turned off. Without these cookies, the services available to you on our website cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.

Performance cookies: These cookies enable us to monitor and improve the performance of our website. For example, they allow us to count visits,
identify traffic sources and see which parts of the site are most popular.

2. Types of cookies we use:
Session cookies: These are only stored on your computer during your web session and are automatically deleted when you close your browser – they usually store an anonymous session ID allowing you to browse a website without having to log in to each page but they do not collect any personal data from your computer.

Persistent cookies: A persistent cookie is stored as a file on your computer and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again. We use persistent cookies for Google Analytics and Facebook pixel tags.

3. How Do We Use Cookies

Account related cookies
If you create a The Pocket Mentor account then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out, however, in some cases they may remain afterwards to remember your site preferences when logged out.

Orders processing related cookies
This site offers e-commerce or payment facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly

Third Party Cookies
Mindset Development Group ltd uses Google Analytics which is one of the most widespread and trusted analytics solution for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content. For more information on Google Analytics cookies visit www.google.com/analytics.

The Google AdSense and Facebook Ads services we use for advertising uses a DoubleClick cookie to serve more relevant ads across the web and limit the number of times that a given ad is shown to you. These third party partners may use technologies such as cookies to gather data about your activities within the Products to deliver such advertising to you, such as retargeting ads. We are not always able to respond to do-not-track signals. For more data about interest-based ads, including how to opt-out of having your web- browsing data used for behavioural advertising purposes, please visit www.aboutads.info/choices. Please note that this does not opt you out of being served ads. You may continue to receive generic ads on these third party platforms. You may also opt out of receiving ads across devices by adjusting your ad preference in your Google account.

We do NOT use cookies so that third parties can serve ads to you about their own products or services.

We do NOT sell or rent your personal information to any third party.