Terms of Use

Your Virtual Mind Trainer Limited Terms Of Use


Last updated 09 June 2020


1. Acceptance of Terms of Use


1.1. These of Use incorporate our Privacy Notice (which can be accessed at www.yvmtrainer.com/privacy).


1.2. These terms of use (“Terms of Use”) constitute an agreement between you and Your Virtual Trainer Limited (“we” “us” and/or “YVMT”) regarding goods or services offered to you by YVMT through our websites and/or applications, including where we make YVMT applications available on third party platforms or services.


1.3. You agree to be legally bound by these Terms of Use when you register and use YVMT.


1.4. These Terms of Use contain important information about your rights and obligations and the restrictions that may apply when you use YVMT. If you do not agree with any of these Terms of Use then you should not register for or use YVMT.


2. The YVMT Service


2.1. YVMT offers you the opportunity to view 360° films, blogs and promotional material, graphics, logos, interfaces, layout and/or other audio visual content (“YVMT Content”, which includes any HTML tag or other code or metadata which is contained in, linked to, from and around such content). When we talk about the “YVMT Service” we mean the service we provide to enable you to access YVMT Content including our website and applications, all the features and functionality we make available to you, and any of our user interfaces or software associated with our service.
 

2.2. To use the YVMT Service you must register to become a subscriber. To become a subscriber and use the YVMT Service you must be:
 

2.2.1. at least 18 years of age 
 

2.2.2. a natural person (i.e. not a company or other business entity)
 

2.2.3. using the YVMT Service as a consumer and not in the course of trade. 
 

2.3. You cannot transfer your subscription to YVMT to any other person.
 

2.4. To become a subscriber of YVMT, you must provide us with your first name, last name, email address and password, and a valid method of payment. From time to time, we may introduce the ability to provide payment through a third party and this will be considered a valid method of payment where that is the case.
 

2.5. Your subscription of YVMT may begin with a free trial. We will make clear to you whether this is the case during the registration process. At the end of your free trial, we will commence taking payments from your payment method on a monthly or annual basis (as selected by you at the time of registration). We may from time to time add other free trial periods or promotional offers and if we do so we will make it clear to you at the time of registration.
 

2.6. Special offers and/or free trials cannot be combined.
 

2.7. You will not be charged if you cancel your subscription during your free trial period. Please see the ‘Cancellation’ section below for full details.
 

2.8. Free trials are only available to new subscribers and we reserve the right not to provide a free trial to any subscriber in our sole discretion to prevent abuse of the free trial period and to charge you for such use.
 

2.9 When you submit an order to us, this does not mean we have accepted your order for the YVMT Service.  Our acceptance of the order will take place as described in clause 2.10.  If we are unable to supply you with the YVMT Services we will inform you of this by email to the address you have provided to us and we will not process the order.
 

2.10    These Terms will become binding on you and us when one of the following has happened: 
either (i) we contact you that we are able to provide you with the YVMT Services (on a trial basis or otherwise); or (ii) we start to provide the YVMT Services to you; 
at which point a contract will come into existence between you and us.

 

3. Billing
 

3.1. Unless you cancel, we will charge your payment method for your periodic subscription cost (which may vary depending on the plan you select). The first payment will be taken  on the day after your free trial or promotional offer period expires. Your payment will then be taken related to the plan you have taken e.g. if you take the monthly plan payment will be automatically taken a month after your first payment, if you choose annual it will be taken a 1 year after you first payment..
 

3.2. Your monthly subscription cost is inclusive of any applicable VAT or other taxes.
 

3.3. You can update your payment method at any time by going to the My Account section of the YVMT Service and updating your payment method. We may also update your payment method using information provided by our payment service providers, and following any update you authorise us to continue to charge the applicable payment method. If your payment method is through a third party (for example PayPal), you may need to update your payment method through that third party. If our attempts to collect payment from any payment method fails, you authorise us to continue to attempt to collect payment from that payment method until the end of your monthly or annual billing cycle. If at the expiry of that cycle we are still unable to take payment, we may suspend or terminate your account until such time as you update your payment method to a valid method of payment. You are responsible for any fees charged by the issuer of your payment method (e.g. foreign transaction fees). Please check with the provider of your payment method for details.
 

3.4. We may update the price of any of our subscription plans from time to time by giving notice to you of the changes to your registered email

address. We will give you at least 30 days’ notice of any changes and you should cancel your subscription before the changes take effect if you do not agree to them. Please note it is your responsibility to provide us with a valid email address you can access when registering and we will assume that you are contactable at the email address you provide. You can update your registered email address at any time in the My Account section of the YVMT website.
 

4. Cancellation
 

4.1. You can cancel your YVMT subscription at any time. To cancel, go to the Account page and follow the instructions. If you cancel, your

subscription will continue until the end of your billing cycle and you will pay for the period up to the end of that cycle.  For example if you are on a monthly billing cycle and you cancel in the middle of the month, you will pay up to the end of that month. Please note that unless required to do so by applicable law, we do not provide refunds for partial billing cycles. If you registered for YVMT through a third party or you use a third party payment method, you may need to cancel through that third party.
 

4.2. If you cancel your YVMT subscription before the expiry of your free trial, you will not be charged. 
 

4.3. When you register to become a subscriber of YVMT, you acknowledge that you will lose the statutory right to cancel provided under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 because we commence providing the services to you immediately upon the commencement of your subscription. However, you can still cancel at any time during your free trial (if applicable) without being charged.
 

5. Using the YVMT Service
 

5.1. To be able to view YVMT Content using the YVMT Service you must have a compatible device and an active broadband internet connection or mobile network connection. Please see our FAQs for further information about using the YVMT Service and the minimum technical requirements. It is your responsibility to ensure that your equipment, systems and connectivity are suitable to enable you to access the YVMT Service before you decide to become a subscriber. We are not responsible in any way for your ability to view YVMT Content, even if your equipment and systems meet the minimum technical requirements. You are responsible for any costs and other charges or expenses charged by your Internet Service Provider or network operator in relation to your internet service, your mobile service and any use of the YVMT Service.
 

5.2. We reserve the right to:
 

5.2.1. remove and/or alter the YVMT Content available via the YVMT Service and/or the functionality of the YVMT Service at any time and for any reason whatsoever; and/or
 

5.3. All YVMT Content is subject to change. In particular, we do not guarantee that any particular piece of YVMT Content will be available on the YVMT Service.
 

5.4. We will make reasonable efforts to keep the YVMT Service operational at all times, however we cannot guarantee that your use of the YVMT Service will be uninterrupted or error-free. From time to time we may temporarily suspend or remove the YVMT Service for technical, maintenance or operational reasons.
 

5.5. Your password is confidential to you and you are responsible for keeping it secure. If you know or suspect your password has been compromised you must change your password as soon as possible using the functionality provided within the YVMT Service. We will never ask you for your password in an email or when calling you by telephone. We will never invite you to log in to your account through a link in any email communication you receive from us. If we believe there has been, or there may be, a breach of security we may suspend accounts and/or require that passwords be changed.  Unless there is substantiated evidence otherwise of illegal activity by a third party unconnected to you, you will be responsible for all actions under your login.   We do not give you permission to share your login or password with any other person.
 

6. Visual Warning
 

6.1. Some of the YVMT Content available via the YVMT Service may include flashing images or lights that can be a concern for people with photosensitive epilepsy.
 

7. Security Technology
 

7.1. We use security measures for the YVMT Service to protect the material and content made available on the YVMT Service. You must not

penetrate, remove or otherwise alter or interfere with any security measures used in connection with the YVMT Service, or attempt to do any of those things or assist any other person in doing or attempting to do any of those things. We reserve the right to terminate or suspend your YVMT subscription if we suspect or discover that you have done so.
 

8. Geoblocking
 

8.1 The YMVT Service is not available to users in the United States of America or Canada.  Any attempt to obtain a subscription or free trial from

these locations is invalid and may be cancelled by us. 
 

9. General restrictions
 

9.1. You agree that you will comply with our reasonable instructions regarding your use of the YVMT Service. You agree that you will not (and you will not allow any other person to) use the YVMT Service for any purpose which is commercial, unlawful or otherwise improper. In particular, except as expressly permitted by these Terms of Use or otherwise by us, you will not by any means as a result of or in connection with your use of the YVMT Service:
 

9.1.1. Share your login with anyone else.
 

9.1.2. Remove, alter, bypass, avoid, interfere with or circumvent the security measures or geo-blocking software.
 

9.13. Copy, download (unless we have made such download functionality available on the YVMT Service), lend, hire, broadcast, stream, capture, reproduce, archive, share, distribute, modify, translate, display, transmit or make the YVMT Content available to the public.
 

9.1.4. Remove or alter any copyright or other proprietary notice from the YVMT Service or from any YVMT Content.
 

9.1.5. Extract any data or metadata from the YVMT Service or any YVMT Content nor create any index or database incorporating any YVMT Content or any part of it.
 

9.1.6. Block, disable, obscure or impair any promotional material, sponsorship or advertising on the YVMT Service or associated with any YVMT Content.
 

9.1.7. Capture or store any personal information relating to other users of the YVMT Service.
 

9.1.8. incorporate the YVMT Service into another service or website or make it available via frames.
 

9.1.9. (subject to clause 9.4) reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sub-license, make copies, create derivative works from, distribute or provide others with the YVMT Service or any YVMT Content.
 

9.1.10. create any works or materials derived from or based on any YVMT Content or the YVMT Service.
 

9.1.11. Use the YVMT Service in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person; or 
 

9.1.12. do anything that may cause damage to the YVMT Service or our servers, systems or equipment or those of third parties, nor access or attempt to access any user’s data or to penetrate or attempt to penetrate any applicable security measures.

 

9.2. You agree to compensate us in respect of any damages suffered by us or any of our losses resulting from any claim made by a third party in each case in respect of any matter arising from your use of the YVMT Service in breach of these Terms of Use or from your violation of any applicable law or regulation.
 

9.3. You agree not to give any indication that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make.
 

9.4. We reserve the right to suspend, restrict or terminate your access to the YVMT Service at any time at our sole discretion. We may also suspend or terminate your subscription if you do not comply with these Terms of Use.
 

9.5 You may disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of our software comprised within the YVMT Content only to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the such software with another software program,
 

10. Trademarks and copyright
 

10.1. All intellectual property rights in the YVMT Service and all YVMT Content and any other content made available via the YVMT Service shall remain at all times the property of YVMT (or its third party licensors).  The names, images and logos identifying us, other companies, our partners or third parties and our/their products and services contained within the YVMT Service are proprietary marks and may not be reproduced or otherwise used without our express permission (and where relevant the express permission of the relevant third party). Nothing in these Terms of Use shall be construed as conferring by implication any licence or right to use any trade mark, patent, design right or copyright of YVMT or of any third party. You do not acquire any ownership right in any YVMT Content by accessing the YVMT Content on the YVMT Service.
 

11. Third party sites
 

11.1. The YVMT Service may contain links (whether by way of an advertisement or otherwise) to other third party sites and services. Such links are provided for your ease of reference and convenience only. We have no control over those third party sites or services and are not responsible for their contents. We do not endorse the material contained in any third party’s sites or services and have no association with their operators. You agree that we will not be a party to any transaction or contract with a third party that you may enter into and we will not be liable to you for any loss or damage which you may suffer by using those third party sites and services. You agree that you will not involve us in any dispute you may have with such third party sites and services.
 

12. Limitation of Liability
 

12.1. All services are provided on an ‘as is’ and ‘as available’ basis. We cannot promise that the YVMT Service will be free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition, or free from viruses or other harmful components. Not all of the features and functionality of the YVMT Service will work on all devices. We make no guarantee that all or any features of the YVMT Service will work on any particular device. Whilst we do take reasonable precautions to prevent the occurrence of computer viruses and/or other malicious programmes, we do not guarantee that they will not be present and you should take reasonable precautions against them yourself.
 

12.3. The YVMT Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control. Except as set out elsewhere in these Terms of Use, to the extent permitted by law we will not be liable to you or to any other person in the event that all or part of the YVMT Service is unavailable, discontinued, modified or changed in any way.
 

12.4. We do not accept any liability for:
 

12.4.1. any damage or loss caused to you where you are not entering into these Terms of Use as a consumer (since the YVMT Service is only made available to consumers);
 

12.4.2. any failure, any suspension and/or any termination of access to the YVMT Service or any YVMT Content in connection with or arising out of a force majeure event. In these Terms of Use, a “force majeure” event shall include, without limitation, failure of communication systems, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, pandemics, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents; and/or
 

12.4.3. any claims brought against you by a third party except as stated in these Terms of Use.
 

12.5. Nothing in these Terms and Conditions will:
 

12.5.1. restrict your statutory rights as a consumer (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen's Advice Bureau); or
 

12.5.2. limit or exclude our liability (i) for death or personal injury resulting from our negligence (ii) for fraud or (iii) where this would not be permitted under the law of the contract.
 

13. Other important terms
 

13.1. YVMT may from time to time issue voucher codes which can be redeemed during your registration in return for special offers. YVMT voucher codes can only be redeemed on a one per person basis via www.yvmtrainer.com. Each voucher code will have its own terms and conditions attached, which may include restricting use to a particular group of people, and those terms and conditions will apply along with these Terms of Use. When you use a voucher code to access the YVMT Service you will also be required to create a YVMT account and provide a valid payment method. We may use your personal data to validate your entitlement to any voucher code you use, and we may withdraw the benefit of any voucher code if you do not meet the applicable terms and conditions.
 

13.2. Voucher codes cannot be combined, re-sold, transferred for value, redeemed for cash, used to purchase other voucher codes or used in a manner otherwise prohibited by our Terms of Use. We are not responsible if any voucher code is lost, stolen or used without your permission. We do not guarantee that voucher codes will always be effective and we may withdraw any voucher code at any time without liability to you, subject always to your statutory rights as a consumer. We reserve the right to change these terms and conditions from time to time at our discretion.
 

13.3. Please note that we may update and amend these Terms of Use from time to time. By proceeding to use the YVMT Service you agree to be bound by any changes to these Terms of Use. However, it is your responsibility to ensure you review these Terms of Use regularly at www.yvmtrainer.com/terms to familiarise yourself with any changes.
 

13.4. If any provision of these Terms of Use shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms of Use which shall remain in full force and effect.
 

13.5. These Terms of Use are available in English only and shall be governed by and construed in accordance with the laws of England and Wales (or the laws of Scotland or Northern Ireland if you are domiciled there). Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales unless you choose the jurisdiction of your domicile in Scotland or Northern Ireland. 
 

14. Contact Us
 

14.1. If you have any questions, queries or complaints or need help using the YVMT Service then you can email us at help@yvmtrainer.com Your Virtual Mind Trainer Limited is a company registered in England & Wales with its registered office at 22 Eltisley Road, Great Gransden, Sandy, England, SG19 3AR Company No. 12503655. 
 

© Your Virtual Mind Trainer 2020

All rights reserved. Your Virtual Mind Trainer is a limited company registered in England
Company number 12503655 | Data Protection Register registration number ZA763153