RELEVANT INFORMATION 

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USE OF THE POSITIVE MEDIA

 

These terms of use (“Terms of Use“) relate to:

 

·       The Positive Website www.positivegroup.org (the “Website”);

·       The Positive Online Learning platform (the “POL”);

·       The Positive App (the “App”);

·       Together with any documents referred to, data supplied with the software, or associated media (the “Documents”); and

·       Any services accessible through the Website, POL, or App (the “Services”).

Together “the Positive Media”

 

Positive Health Strategies Limited (“Positive“, “we“, and “us“) is an English company registered under company number 04388523. Our registered address is Rooms 125-130 Temple Chambers, 3-7 Temple Avenue, London, EC4Y 0HP.

 

1.     BY USING THE POSITIVE MEDIA YOU ACCEPT THESE TERMS

 

Please read these Terms of Use carefully before you start to use the Positive Media. By using the Positive Media, as a guest or registered user, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use the Positive Media.

 

You should print a copy of these Terms of Use for future reference.

 

2.     THERE ARE OTHER TERMS WHICH MAY APPLY TO YOU

 

If any open-source software is included in Website/App/POL, the terms of an open-source licence may override some of these Terms of Use.

Please also read our privacy policy (“Privacy Policy“) which explains how we will use any information about you that we receive. The Privacy Policy forms part of these Terms of Use. Additional terms may apply to particular services offered by us (“Additional Terms“). These Additional Terms will be set out at the point of access to the relevant service. If there is any inconsistency between the Additional Terms for a particular service and the Terms of Use, the Additional Terms will prevail.

 

3.    WE MAY MAKE CHANGES TO THESE TERMS OF USE

 

We may amend these Terms of Use from time to time. Such variations become effective immediately upon the posting of the varied Terms of Use on the Website/App/POL. By continuing to use the Website/App/POL you will be deemed to accept such variations.  These Terms of User were most recently updated on 12th February 2019.

Please check the Website/App/POL regularly to ensure you are familiar with the current version of the Terms of Use and Privacy Policy. If you do not accept any of the modifications, revisions or amendments to these Terms of Use, you should stop using the Positive Media immediately.

 

4.     WE MAY MAKE CHANGES TO THE POSITIVE MEDIA  

 

We may update and change the Website/App/POL from time to time to reflect changes to our products, our users’ needs and our business priorities.

 

5.     WE MAY SUSPEND OR WITHDRAW THE POSITIVE MEDIA  

  

We do not guarantee that the Website/App/POL, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website/App/POLfor business and operational reasons, without liability to you. We will try to give you reasonable notice of any suspension or withdrawal.

 

We are also entitled to suspend or terminate your membership or access to any part of the Positive Media at any time if you breach these Terms of Use. 

 

6.     REGISTRATION

 

Certain parts of the Website/App/POL may require you to register and provide certain information about yourself and where you do this you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (“Identity Data”); and (b) maintain up-to-date Registration Data (by sending an email to  support@positivegroup.org to keep it true, accurate, current and complete.)

Our use of Identity Data and certain other information about you is subject to our Privacy Policy.

When you register on the Website/App/POL, you will be given a unique username and/or password that gives you access to your Website/App/POL account. You are responsible for maintaining the confidentiality of your username and password, and are responsible for all activities that occur through your Website/App/POL account. You agree to (a) immediately notify us if you become aware of any unauthorised use of your password or Website/App/POL account or any other breach of security by sending an email to  support@positivegroup.org and (b) ensure that you exit from your Website/App/POL account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these requirements.

 

We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

 

 

7.     HOW YOU MAY USE THE POSITIVE MEDIA  

 

We are the owner or the licensee of all intellectual property rights in the Positive Media (including without limitation, software, graphics, text, images, designs, compilations, databases, targeting information, and the trade marks, logos, domain names, trade names, service marks, trade identities, any and all copyright material (including source and object code) related to the Positive Media) (the “Content“). The Content is protected by applicable copyrights, trade mark rights, database rights and other proprietary rights. Positive (and/or our licensors) owns the Content. All such rights are reserved.  Nothing in these Terms of Use grants you a right or licence to use the Content except as expressly provided in these Terms of Use.  You acknowledge that you have no right to access the Positive Media in source-code form.

 

Subject to strict compliance with these Terms of Use, we grant you a limited, non-exclusive, revocable, non-assignable and non-transferrable licence to use the Positive Media and to view, download for caching purposes only, and print pages from the Website/App/POL for your own personal use.

 

You may:

(a) view, use and display the POL for your personal purposes;

(b) use the Documents for your personal purposes; and

(c) use the POL and Documents, within your organisation only, as part of a Positive programme.

 

Our status (and that of any identified contributors) as the authors of the Content must always be acknowledged.

 

You must not use any part of the Positive Media for commercial purposes without obtaining a licence to do so from us or our licensors.

 

If you print off, copy or download any of our Content in breach of these Terms of Use, your right to use the Positive Media will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

8.    ACCEPTABLE USE

 

Your use of the Positive Media is subject to the following rules which, by your use of the Positive Media, you are deemed to accept (and which amount to a non-exhaustive list of prohibited acts). 

 

You may not use the Positive Media:

 

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to:

 

  • Register or attempt to register as a member of our Website/App/POL unless you are at least 13 years old;
  • Use the Website/ App/ POL to solicit information from anyone under the age of 18;
  • Alter, adapt, modify, copy or create a derivative work from the Content;
  • Collect or harvest any information or data from the Positive Media or our systems or attempt to decipher any transmissions to or from the servers running any service.
  • Access without authority, interfere with, damage or disrupt:
    • any part of our Website/App/POL;
    • any equipment or network on which our Website/App/POL is stored;
    • any software used in the provision of our Website/App/POL; or
    • any equipment or network or software owned or used by any third party.

 

You agree to indemnify us and keep us fully and effectively indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of our Positive Media, the Content, the User Content or any services offered by us, or arising from any breach or suspected breach of these Terms of Use by you or your violation of any law or third party rights.

 

9.    INFORMATION ON THE POSITIVE MEDIA

 

Content on the Positive Media is provided for general information only. It is not intended to amount to clinical advice on your mental health. You must obtain professional advice in relation to any mental health issues or concerns.

 

Although we make reasonable efforts to update the information on the Positive Media, we make no representations, warranties or guarantees, whether express or implied, that the content on the Positive Media is accurate, complete or up to date.

 

10.   WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO  

 

Where the Positive Media contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

 

We have no control over the contents of those sites or resources.  We do not accept any responsibility or liability for any third party websites and resources and your access and use of such services and content is at your own risk.

 

11.   USER-GENERATED CONTENT IS NOT APPROVED BY US  

 

The Website/POL may include information and materials uploaded by other users, including to forums. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website/POL do not represent our views or values.

 

Positive accepts no responsibility for any statements, material (including User Content) or other submissions placed on our online forums by you or any third party, or for any loss or damage resulting from your breach of these Terms of Use.

 

12.   OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU  

 

Whether you are a consumer or a business user:

 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

 

The Positive Media, the Content, the User Content and other services offered by us are provided “as is” and on an “as available” basis.  We do not guarantee that the Positive Media, the Content, the User Content or any services offered by us will always be available in a format supported by the most current app or device operating systems or be uninterrupted, error-free, timely, secure or free from bugs, viruses, errors and omissions. Positive is not obliged to update the Content to ensure its compatibility with all devices and operating systems.

 

Youacknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the Positive Media may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

 

Importantly, you acknowledge that a server failure or other event could result in the loss of all of the data related to your account. You agree and understand that it is your responsibility to backup your data to your personal computer or external storage device and to ensure such backups are secure.

 

If you are a business user:

 

  • We exclude all implied conditions, warranties, representations or other terms that may apply to the Positive Media, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. 

 

  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, the Positive Media; or
    • use of or reliance on any content displayed on the Positive Media.
  • In particular, we will not be liable for:
    • loss of profits, sales, business, revenue,
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

 

If you are a consumer user:

 

  • Please note that we only provide the Positive Media for domestic and private use. You agree not to use the Positive Media for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

 

13.   HOW WE MAY USE YOUR PERSONAL INFORMATION  

 

We will only use your personal information as set out in our privacy policy .

 

14.   UPLOADING CONTENT TO OUR WEBSITE/POL  

 

User Content” means material (including without limitation text, images, clips, videos, comments, posts and any underlying material) uploaded, shared or submitted to the Website/POL by any user.

 

Comments, message boards, personal profiles and any discussion forums or pages of the Website/POL where you are capable of posting material (including User Content) are provided for your private and non-commercial use, and where youupload User Content, or make contact with other users of our Website, you must comply with the content standards below.

 

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

 

Any content you upload to our Website/POL will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you uploadbelow.

 

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website/POL constitutes a violation of their intellectual property rights, or of their right to privacy.

 

We reserve the right to edit or remove any material and User Content uploaded, shared or submitted using the Website/POL, for any reason whatsoever.  Notwithstanding our rights under these Terms of Use in relation to User Content, we do not undertake to monitor the submission or publication of User Content or users’ use of the Positive Media.

  

15.  CONTENT STANDARDS

 

These content standards apply to any and all User Content.  The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any User Content as well as to its whole.

 

Positive will determine, in its discretion, whether User Content breaches the Content Standards.

 

User Content must:

 

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in England and Wales and in any country from which it is posted.

 

User Content must not:

 

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, compromise, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the User Content emanates from Positive, if this is not the case.
  • Directly or indirectly suggest any endorsement or approval by Positive of a product, service, content or any belief or opinion expressed within a product or service.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any services or web links to other sites.

 

16.   RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD  

  

You shall remain the owner of the copyright in any original User Content that you upload, share or submit using our Website/App/POL. The permission you grant to us below is not exclusive. You may continue to use your own User Content in any way, including allowing others to use or exploit it, provided that such use does not interfere with or impair the rights you have granted to us in these Terms of Use.

 

With respect to User Content that you upload, share or submit to our Website/App/POL, you grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content worldwide and/or to incorporate it in other works in any form or media (whether now known or invented in the future, which may include other internet sites, mobile, television and/or radio) and you acknowledge that your User Content may be made available with advertising and/or sponsorship.

 

User Content that you have uploaded, shared or submitted using the Positive Media may still appear on the Website/App/POL even after your registration has terminated. We shall continue to have the right to use your User Content in accordance with the licence granted to us under these Terms of Use.

 

You agree to waive any moral or similar rights in any jurisdiction that you may have in and to any of the User Content you upload, share or submit, even if the User Content is modified, altered or changed in a way which is not agreeable to you.

 

When you upload, share or submit User Content using our POL you may be making your User Content available to your institution. Please do not upload your User Content if you do not want it to be available to your institution.

17.  WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM  

 

We do not guarantee that the Positive Media will be secure or free from bugs or viruses.

 

You are responsible for configuring your information technology, computer programmes and platform to access the Positive Media. You should use your own virus protection software.

 

You must not misuse the Positive Media by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Positive Media, the server on which our Website is stored or any server, computer or database connected to the Positive Media. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Positive Media will cease immediately.

 

18.   RULES ABOUT LINKING TO OUR WEBSITE  

 

We welcome ‘hot links’ and deep-links to our Website, by which we mean that you may include a link to any page of our Website on other websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 

 

You must not establish a link to our Website in any website that is not owned by you.  You may not display the Content or allow it to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our consent.

 

The website in which you are linking must comply in all respects with the Content Standards set out above.  We reserve the right to withdraw linking permission without notice.

 

If you wish to link to or make any use of content on our Website other than that set out above, please contact info@positivegroup.org.

 

19.   COMPLAINTS

 

Any complaints can be reported by sending an email to support@positivegroup.org.  In the case of complaints relating to a webpage (if possible) include a link to where the webpage which is the subject of your complaint may be easily located.

 

20.   WAIVER

 

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

21.  EVENTS OUTSIDE OUR CONTROL

 

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Usethat is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).  If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms of Useour obligations under these Terms of Usewill be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

 

22.   WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?  

 

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

 

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.