Terms and Conditions of Agreement for use of the Ourplace Website
Ourplace has been initiated and supported by the Solihull Approach.
This Ourplace Website agreement (the “Agreement”) applies to your use of the Ourplace Website at http://inourplace.co.uk (the “Website”)
By using the Ourplace Website as a casual visitor, or by completing the “Get started” form, you signify that you understand and hereby accept the terms and conditions of this Agreement.
When completing the “Get started” form, you will submit personal information, including Name, email address to create an account that only you have access to.
You may wish to print and/or save a downloaded copy of the Agreement on your computer for your reference.
The terms of this Agreement may be updated or additional terms may apply, from time to time. Each time you visit the Ourplace Website please look out for updates and, when you see these, read them and print and/or save a downloaded copy.
1. Collection and use of personal information
- When completing the registration form, you will have an option to submit personal information. By submitting this information, you provide your consent to us to use it for the purpose of offering you a personalised response via the Website, or any additional information you request (as you choose) by email.
- From time to time, we may wish to use the information you submit for research purposes or producing statistics. The information that is used will be made anonymous.
- We, and any third parties acting under our control, may use your Personal Information (including demographic data) to personalise the content you receive and our communications with you. You provide your express consent in this context.
- Use of the Website requires registration.
3. Your responsibilities
- You are responsible for compliance with this Agreement at all times in your use of the Website. You may use the Website for lawful purposes only. You may not submit, download or transmit any material (including User Generated Content), or otherwise engage in any conduct that actively causes or is intended to:
- breach any third party’s rights including, without limitation, copyright, patent rights, trademark rights, performer’s rights, rights of confidence and all related intellectual property rights;
- be unlawful, offensive, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions or accounts of sexual acts;
- victimise, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonate any person, business or entity, including Ourplace employees and agents;
- contain viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorised use of or access to a computer or computer network;
- encourage conduct that would constitute a criminal offence, or that gives rise to civil liability;
- promote or sell prohibited items such as lotteries, betting or wagering activities, ammunition, firearms, tobacco, alcohol, adult products and services, and explosives;
- violate this Agreement, acceptable usage guidelines or any policy posted on the Ourplace Website; or
- unjustifiably interfere with others’ use of the Ourplace Website.
- You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorised access to the Website, user accounts, computer systems or networks, through hacking, password mining or any other means. We may use any technical and other legal remedies available to us to prevent any breach of, or to enforce, this Agreement.
4. Changes to the Ourplace Website
- We may change or discontinue the Website or any of its features at any time without notice. We may impose general operating rules for the Website. For example, we may establish limits on storing, uploading or downloading any data or impose “time outs” if you idle on the Website.
5. No spam
- You may not use the Website or any communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). You may not harvest information about users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. We may use any technical and other legal remedies available to us to prevent unsolicited bulk communications from entering, utilising, or remaining within networks.
- All intellectual property rights, including but not limited to, copyright in all content on the Website (“Ourplace Web Content”) is our property, and/or its licensors as the case may be. You may only use Ourplace Web Content for non-commercial purposes (including personal use) and in accordance with these terms and conditions and any others that you may be notified of in relation to specific Ourplace Web Content. You may not circumvent any mechanisms for preventing the unauthorised reproduction or distribution of Ourplace Web Content in any manner.
- For non-commercial use only (including personal use) , you may copy, download, or print off a reasonable number of copies of the materials, information, data and other content owned by us. You hereby agree that you will need to obtain permission in writing from the owner before you make any other use of the Ourplace Website content.
- All intellectual property rights, including but not limited to, any rights in videos, images, trademarks, trade names, logos included on the Ourplace Website, where we have made them available, are owned by us and/or third parties. You hereby agree that you will need to obtain permission in writing from the owner before you may use these images, trademarks, trade names or logos and any related intellectual property in any way.
- All title, ownership rights and intellectual property rights in and to the Ourplace Website content shall remain the property of us or their respective owners where indiciated.
7. Disclaimer medical information
- The Ourplace website provides clinical and medical information for use as information or for educational purposes. We do not warrant that information we provide will meet your health or medical requirements. It is up to you to contact a health professional if you are concerned about your health or the health of your child/children.
- The Ourplace website does not give medical advice in relation to any individual case or patient, nor does the Website provide medical or diagnostic services.
- If you are a medical or health professional then you are encouraged to use the Ourplace Website content for general information purposes. However, you should not rely on material included on the Website and we do not accept any responsibility if you do.
8. Third party websites
- Any link provided on the Website is solely for your convenience. We do not accept any responsibility and exclude any liability in relation any third party website.
9. Our liability to you
- You understand and agree that the Ourplace Website is provided without warranties of any kind and your use of Ourplace Website is at your sole risk. We will, however, use reasonable skill and care to provide and maintain the availability of the Website. We expressly exclude any warranty, representation or undertaking that you will be able to access or use the Website at any time or location of your choosing. We depend upon third parties over which we may have little or no control for the delivery of the Website (for example, to deliver emails sent to and from internet addresses). We are not liable for deletion, corruption or failure to store any email messages or other content. We do not warrant that the Website will be free from any virus, worm, trojan or other malware or device intended to access and modify, delete or damage data files or computer programs.
- The Website is a consumer service and not designed to be used by you in connection with the conduct of your, or your employer’s or contractor’s, commercial activities. If you choose to do so, it is entirely at your own and your employer’s or contractor’s risk.
- We shall not be liable for any loss of data, profit, revenue or business or wasted expenditure or any indirect or consequential losses howsoever caused, arising from your use of the Website or for any other claim related in any way to your relationship with Ourplace. We do not endorse, warrant or guarantee any product or service offered by a third party, and will not be a party to, or responsible for monitoring, any transaction between you and such a third party. We shall not be liable for any failure or delay in performance of our obligations under this Agreement caused by matters beyond our reasonable control.
- Without limiting the above paragraph (and except for the our liability for death or personal injury caused by its negligence or any other form of liability that cannot be so excluded under law), the liability of us under or in connection with this Agreement or your use of the Website (whether arising in negligence or otherwise) for any loss that was reasonably foreseeable will not under any circumstances exceed £100, or the total amount you have paid for access to paid-for services, regardless of the cause or form of action. Your statutory rights are unaffected.
- You agree to defend, hold harmless and indemnify us against all liabilities, claims and expenses, including reasonable legal fees that arise from any infringement of third party intellectual property or other rights resulting from any breach of this Agreement for which you are responsible. We reserve the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification for us in that matter.
- Save as otherwise expressly provided in any additional terms governing the use of specific services provided on the Website, we do not charge you for use of the Website and, as a consequence, we may cancel or suspend use of the Website at any time, without cause and without notice.
- Notwithstanding 11.1, and upon any event that results in us terminating the Website
- where you have paid for access to courses that have not yet been completed; we will refund you the full amount.
- where you have completed the course we will provide you with electronic copies of course materials for you for future reference
- You may terminate your registration for any part of the Website by going to “Need Help” in the Website and raising a support ticket requesting that your account is to be closed.
12. Changes to this Agreement
- We may change this Agreement from time to time. We will post the updated Agreement on the Website, and it will take effect immediately or on a date that is nominated in the posting or a in a notice we send to you. Your ongoing use of the Website after the changes take effect signifies your agreement to the updated Agreement. You are responsible for regularly reviewing this Agreement and any other terms posted on the Website. If you disagree with the changes that are made to this Agreement, you may simply terminate use of the Website as provided above.
13. Disputes, comments and complaints
- If you have a comment or complaint about Ourplace, please contact us.
- You agree that we may send to you in electronic form any notices, disclosures, reports, documents or other communications relating to the Website (collectively, “Notices”). We can send you Notices:
- to the email address that you provided to us during registration for this purpose, or
- by posting the Notice on the Ourplace Website.
- Any Notice from us shall be deemed effective the day it is sent or posted by us.
15. Entire agreement
- This Agreement, together with other documents and agreements referred to or entered into under it, constitutes the entire agreement between you and us relating to the Website.
16. Jurisdiction and choice of law
- This Agreement is governed by the laws of England. You and we submit to the exclusive jurisdiction of the courts of England in relation to any dispute or claim arising out of this Agreement (including non-contractual disputes or claims).
- We may assign this Agreement to any third party, which is to provide the Website (or part of it) at any time without Notice to you. You may not assign this Agreement to anyone else.
18. Third parties
- You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect or impact the continuation in force of the remainder of this Agreement.
20. No waiver
- If you or we fail to exercise any right or remedy under this Agreement, that failure will not operate as a waiver of that right or remedy, or prevent it from being exercised subsequently.