ACCEPTANCE OF TERMS

These Terms and Conditions apply to all and any use of the website identified by the domain name Mindbench.com ("the Website") including all and any postings, emails and other communications made to or using the website and all files and information sent to you by Mindbench Limited (“Mindbench”). You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website or opening or receiving any files or information sent to you by Mindbench.

ADVICE

The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

CHANGES TO WEBSITE

Mindbench reserves the right to:

3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Mindbench shall not be liable to you for any such change or removal; and

3.2 suspend or terminate your access and use of this Website at any time without notice; and

3.3 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

LINKS TO THIRD PARTY WEBSITES

The Website may include links to third party websites that are controlled and maintained by others and have not been verified or reviewed by Mindbench. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

INTELLECTUAL PROPERTY

5.1 All copyright, trade marks (registered or unregistered including without limitation the following marks: “MINDBENCH”; “TALENT PLATFORM”; and “THE MONDAY CLUB”), trade and business names, trade secrets, know-how and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Mindbench or otherwise used by Mindbench as permitted by law. All such rights of MB are hereby asserted and reserved.

5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. Mindbench grants you a non-exclusive and non-transferable right and licence to download and print a single copy of this Website only to access and use this Website for your personal, non-commercial use and subject to these Terms. You may not sublicence or deal with this Website without Mindbench’s prior written permission.

PRIVACY POLICY

6.1 Mindbench makes a commitment to protecting your privacy and promises only to use information collected about you in accordance with the Data Protection Act 1998.

6.2 From time to time Mindbench may ask for and/or you may choose to submit personal data and sensitive personal data to the Website or Mindbench (including your name, phone number, postal address, email address, bank, curriculum vitae details and contact details).By providing personal details you are consenting to its use. This information will be kept securely in accordance with our internal security policy.

6.3 You agree that this data may be used, stored and processed to improve the operation, administration and development of the Site; to improve Mindbench’s service; for identification purposes as well as for marketing, advertising and promotional purposes but only in accordance with the Data Protection Act 1998. In particular, you agree that Mindebnch may use the information or parts of it to:

- provide you with information about potential vacancies

- notify you about Mindbench features and/or events or related activities that you may find useful;

- share this data with other reputable companies from time to time both within and outside the European Union who, together with Mindbench or not, may use the information or parts of it to occasionally broadcast it or notify you about Mindbench events or related activities that you may find useful.

6.4 You are entitled to be informed of the personal information Mindbench holds about you. Mindbench is happy to comply with such a request once it has satisfied itself as to your identity. However, to protect the privacy of others Mindbench cannot comply with such a request if it would result in the disclosure of information about another person unless it would be reasonable to do so or that person has consented to the disclosure. It may be necessary to charge an administration fee to provide this information, but the fee shall not exceed £10 and the information will be provided within 40 days of receipt of your request.

6.5 If you do not want Mindbench to collect or process your personal data, please do not submit it and if you have or you believe that we have data about you that is incorrect please write to Mindbench at the address below and the information will be corrected as soon as possible or removed from our database.

COOKIES

7.1 In order to improve our service and Website we may use a device known as a ‘cookie’. Cookies are a means by which information relating to your Internet activity (such as whether you have visited the Website before) is recorded on your hard drive and used by us to improve the Website.

7.2 If you do not wish for us to use cookies when you use the Website please adjust your Internet browser settings to not accept cookies. Your computer’s help file should tell you how to do this.

DISCLAIMERS AND LIMITATION OF LIABILITY

8.1 The Website is provided on an "AS IS" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

8.2 To the extent permitted by law, Mindbench will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

8.3 MB makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

8.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of MB for death or personal injury as a result of the negligence of Mindbench or that of its employees or agents.

INDEMNITY

You agree to indemnify and hold MB and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Mindbench arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

GENERAL

10.1 Mindbench acts as principal on its own account and not as agent for you or any other person.

10.2 If Mindbench does not enforce any provision of these Terms and Conditions such will not be considered a waiver of any provision or right.

10.3 In the event that any part of these Terms and Conditions is held to be unenforceable, such part will at MB’s option be construed as far as possible to reflect the parties’ intentions and the remainder of the provisions will remain in full force and effect.

10.4 These Terms and Conditions constitute the entire agreement between you and Mindbench and shall apply to the exclusion of all other terms or conditions of contract which you may purport to propose.

10.5 Since the Website is primarily aimed at the UK Market, Mindbench cannot guarantee that it accords with the local laws of any other countries.

10.6 Mindbench will not be liable in any amount for failure to perform any obligation under these Terms and Conditions if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communication outages, fire, flood, war or act of God.

10.7 All Questions, comments or enquiries should be directed by email to info@mindbench.com or by post to Managing Director, Mindbench Limited, whose main office address is situated at 28A Cole, London, SE1 4YH.

GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.