Terms of Use

Terms of Use (Last updated December 27, 2022)

1. Acceptance of Terms

This Terms of Service (this “Agreement’) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and Maker Minds Ltd. (‘we” or ‘us” or "Maker Minds" or "Company"), concerning your access to and use of the www.maker-minds.com website (this "Site") as well as our services we provide (the "Services"). Maker Minds provides the following service: We connect remote professionals with businesses around the globe.

By using this Site and accessing our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement. This Site is controlled and operated by us from our offices within the United Kingdom (2nd Floor College House, 17 King Edwards Road, HA4 7AE Ruislip, London). We make no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal is prohibited. Those who choose to access this site from locations outside the United Kingdom are responsible for compliance with all applicable laws.

We may update this Agreement from time to time. By continuing to use this Site and the Services after the update, you accept the update in its entirety. All updates are effective upon posting. We encourage you to check the “Terms of Service” link on the home page each time you visit this Site, so you are aware of any updates. You accept and agree to be bound by this agreement by acknowledging such acceptance during the sign up (if applicable) and by continuing o use the website. If you do not agree to abide by this agreement, or to modifications that Maker Minds may make to this agreement in the future,  do not use or continue to use our Company Services or our website.

2. Privacy Policy

2.1 Our privacy policy is published at https://www.maker-minds.com/privacy-policy (the "Privacy Policy") and explains how we may use your personal information. By using this site, you accept our Privacy Policy. You must be at least age 18 to access this Site. Please leave this Site if you object to your personal information being used as described in the Privacy Policy.

3. The Services

3.1 Subject to your compliance with this Agreement, as well as your chosen subscription and our timely receipt of your associated payment(s), we will make the applicable Company Services available to you during the term to which you have subscribed. We will use commercially reasonable efforts to make the Services available subject to planned downtime and any unscheduled emergency maintenance.  We may modify, replace, or discontinue the Services at any time, for any reason, without notice to you. 
3.2 You may only access and use the Services in accordance with the terms of the Agreement. You agree to: (i) provide accurate, current and complete information about you as may be prompted by any form on this Site (“Registration Data”); (ii) maintain and promptly update the Registration Data, to keep it accurate, current and complete; (iii) maintain the security of any password and identification information; (iv) notify us immediately of any unauthorised use of your account; (v) accept sole responsibility for any and all activities that occur on your account.  Each person who uses any Services must have a separate username and password. You must provide a valid email address for each person that you authorise to use your account. You agree to provide any other information that we reasonably request.
3.3 You are responsible for obtaining and maintaining all telecommunications, broadband and computer equipment and services needed to access and use the Services and for paying all charges related thereto.
3.4 We may terminate your account without prior notice or liability to you, if we find, in our sole and exclusive discretion, that you: (i) have violated this Agreement; (ii) are not in alignment with our model; (iii) are sharing usernames or passwords; (iv) violate our core values; or (v) are abusing our services or team in any way, including using our services for illegal purpose.

4. Use of the Services

4.1 Maker Minds does not support and will not tolerate its Services being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. You are not permitted to use our Services in a manner which would or would likely incite, promote or support such discrimination and you must not use the Services to incite or promote hostility or violence. If we believe in our sole determination that your use of our Services is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, we may permanently or temporarily terminate or suspend your access to our Services, without notice and liability for any reason.

5. Fees

5.1 Maker Minds bills you through an online billing account for the purchase of our Company Services. You agree to pay Maker Minds all charges at the prices for the Company Service you or other persons using your billing account may purchase, and you authorise us to charge your selected payment provider for any such purchases. You agree to make payment using that selected payment method.
5.2 The use of our Services requires payment of recurring fees. You agree that Maker Minds is allowed to charge your selected payment method on a recurring basis, without requiring your approval before doing so until you cancel our Services.
5.3 Before Maker Minds has any obligation to provide Services, you must pay the fees (as well as applicable taxes) in full, in such amounts and for such billing frequency as specified during registration, as updated (prospectively, not retroactively) by you from time to time. Sales tax will be added to the sales price of your subscription. You agree that, upon registering for the Services, you authorise us to charge your method of payment (e.g. credit card) for the fees and applicable taxes from your registration date based upon your chosen billing frequency (e.g., monthly). Overdue charges will accrue interest monthly at the rate of 1.5% of the then-outstanding unpaid balance, or the maximum rate permitted by law, whichever is lower.  We reserve the right to terminate your account in the event of non-payment of amounts owed to us. All amounts owed under this Agreement are non-cancelable and non-refundable, except as specifically provided in this Section 6.
5.4 Maker Minds reserves the right to change our fees upon 5 days’ advance notice.  By continuing to use the Services, you accept such changes. We are not required to notify you of temporary promotions or reductions in fees. Sales tax will be added to the sales price of your subscription.
5.5 If you are no longer happy with our Services, you may cancel your subscription with us at any time as your sole remedy.
5.6 All sales are final and no refunds shall be issued.

6. Confidential Information 

6.1 For purposes of this Agreement, the term “Confidential Information” means non-public or proprietary information, including, without limitation, information relating to current or future business, products and services.
6.2 During the course of our relationship, you may disclose to us your Confidential Information. We agree to hold in confidence and not disclose to any third party any of your Confidential Information, except as approved or directed in writing by you, and will use your Confidential Information for no purpose other than for the Services. We will limit access to your Confidential Information to only those employees, officers, directors, contractors, representative and agents who are involved in providing Services to you.  We will be responsible to you for any breach of this provision by our employees, officers, directors, contractors, representative and agents
6.3 During the course of our relationship, we may similarly disclose to you our Confidential Information. You agree to hold in confidence and not disclose to any third party any of our Confidential Information, except as approved or directed in writing by us, and will use our Confidential Information for no purpose, except as permitted by this Agreement. You will limit access to our Confidential Information to only those employees, officers, directors, contractors, representative and agents to whom it is necessary to disclose our Confidential Information. You will be responsible to you for any breach of this provision by your employees, officers, directors, contractors, representative and agents. 
6.4 Notwithstanding anything to the contrary in this Agreement, the following is not Confidential Information: (a) information that was in the public domain at the time of its disclosure or has entered the public domain without breach of this Agreement; (b) information that was already in the rightful possession of a party at the time of disclosure; (c) information that is independently developed by a party without breaching this Agreement; or (d) information that becomes known to a party, without restriction, from a third-party source not directly or indirectly involving a breach of this Agreement.
6.5 The confidentiality obligations under this Agreement will survive for five (5) years after the termination of this Agreement. 

8. Term and Termination

8.1 This Agreement will expire and terminate upon the expiration or termination of your account or subscription to a Service.  All sections of this Agreement which by their nature should survive termination will survive termination, including but not limited to, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.  
8.2 We may terminate this Agreement at any time upon notice if you default or breach this Agreement. Upon expiration or termination of your account or subscription to our Services, all rights under this Agreement relating to such Services will immediately terminate, you will lose all access to the applicable Services, including access to your account. If we terminate the Agreement for your breach, any licenses to Licensed Content will terminate.

9. Disclaimers

MakerMinds cannot control the nature of all of the content available on the Website. By operating this Site, we do not represent or imply that Maker Minds endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites or provided by third party applications, or that we believe contributions or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. MakerMinds is not responsible for the conduct, whether online or offline, of any user of the Website or our Services.

YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER. RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Liability Waiver

10.1 WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED OR EXPRESSED WARRANTIES, SHALL NOT EXCEED FIFTY DOLLARS, REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE. THIS PARAGRAPH DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Indemnification

11.1 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED TO CUSTOMER CONTENT OR USE OF THE SERVICES OR ANY DELIVERABLES.  YOU SHALL COOPERATE AS REQUIRED BY US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT, IN ANY EVENT, SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.

12. Disputes Resolution

12.1 This Agreement is governed by, and construed in accordance with, the laws of England, without regard to any choice of law, conflicts of law or other principles that would result in the application of the laws or regulations of any other jurisdiction. Any legal action, claim, or proceeding relating to or arising out of this Agreement shall be instituted in a federal court of competent jurisdiction in England. The parties agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
12.2 THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
12.3 THE PARTIES AGREE THAT ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
12.4 Disputes between Users: If there is a dispute between users of the Site, or between users and any third party, you agree that Maker minds is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Maker minds, its officers, employees. agents and successors in rights from claims. demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.

13. Assignment

13.1 This Agreement and the rights and obligations herein are personal to you, and you may not assign or otherwise transfer this Agreement or any of your rights or obligations hereunder, without our prior written consent. We may freely assign this Agreement, including, without limitation, in connection with a merger, acquisition, bankruptcy, reorganiasation, or sale of some or all of our assets or stock.

14. Severability

14.1 If any one or more of the provisions of this Agreement are for any reason held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will be unimpaired and will remain in full force and effect, and the invalid, illegal or unenforceable provision(s) will be replaced by a valid, legal and enforceable provision or provisions that comes closest to the intent of the parties underlying the invalid, illegal or unenforceable provision(s).

15. Non-Waiver

15.1 The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. A waiver by either party of any term or condition of this Agreement or any breach, in any one instance, will not waive such term or condition or any subsequent breach.

16. Force Majeure

16.1 If we are unable to perform any obligation under this Agreement because of any matter beyond our reasonable control, including but not limited to a pandemic or widespread outbreak of infectious diseases, government shutdown, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labor disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility services or other third-party services, and hostile network attacks (each, a “Force Majeure Event”), we will have no liability to you for such failure to perform; provided, however, that we will resume performance promptly upon removal of the circumstances constituting the Force Majeure Event.

17.Modifications

17.1 Modifications To Agreement: Maker Minds may change this Agreement from time to time. Any changes to this Agreement will be posted on the Site and revisions will be shared by date. You agree to be bound to any changes to this Agreement when you use our Services after any such modification becomes effective. Maker Minds may also, in its discretion, choose to alert all users with whom it maintains email information. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will check the Website for updates from time to time. Modifications to this Agreement will be valid after we shared them.
17.2 Modifications To Services: We reserve the right at any time to modify our Services with or without notice. You agree that Maker Minds shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

18. Entire Agreement

18.1 If you have executed a separate agreement with us applicable to your access to and use of this Site or our Services, then the terms and conditions of that agreement prevail to the extent of any conflict with this Agreement. In all other cases, this Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes all prior communications and proposals.