Counsellingo Terms of Use

Terms of Use

This agreement applies as between you, the User of this Website and Counsellingo, the owner and provider of this Website. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms of Use, you should stop using the Website immediately.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

"Counsellingo" means Counsellingo Ltd. of Flat 13, 9 The Upper Drive, Hove BN3 6GR;

"Service" means collectively any online facilities, tools, services or information that Counsellingo makes available through the Website either now or in the future;

"System" means any online communications infrastructure that Counsellingo makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, and live chat facilities;

"User" means any third party that accesses the Website and is not employed by Counsellingo and acting in the course of their employment; and

"Website" means the website that you are currently using and any sub-domains of this site unless expressly excluded by their own terms of use.

2. Intellectual Property

2.1 Subject to the exceptions in Clause 3 of these Terms of Use, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Counsellingo, or our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

2.2 Subject to Clause 4 of these Terms of Use you may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website for personal purposes only unless otherwise indicated on the Website or unless given express written permission to do so by Counsellingo. Personal use includes, but is not limited to, recreational use, social use, and use in education as a student or teacher. Specifically you agree that:

2.2.1 you will not use the Content of the Website for commercial purposes; and

2.2.2 you will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Counsellingo.

3. Third Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms of Use to use Content from the Website. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

4. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

5. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Counsellingo or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

6. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Counsellingo. To find out more please contact us by email at legal@counsellingo.com.

7. Use of Communications Facilities and Content Submission

7.1 When using the System and when submitting Content to the Website you should do so in accordance with the following rules:

7.1.1 you must not use obscene or vulgar language;

7.1.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

7.1.3 you must not submit Content that is intended to promote or incite violence;

7.1.4 it is advised that posts on message boards, chat facilities or similar and communications with Counsellingo are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

7.1.5 content submissions are required to be made using the English language. Content in any other language may be removed at our sole discretion;

7.1.6 you must not post links to other websites containing any of the above types of Content;

7.1.7 the means by which you identify yourself must not violate these Terms of Use or any applicable laws;

7.1.8 you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;

7.1.9 you must not impersonate other people, particularly employees and representatives of Counsellingo or our affiliates;

7.1.10 you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and

7.1.11 you must not use our System for unauthorised mass-communication such as "spam" or "junk mail".

7.2 You acknowledge that Counsellingo reserves the right to monitor any and all communications made to us or using our System.

7.3 In order to use the System and any other communication facility that may be added in the future or to submit Content, you are required to submit certain personal details. By continuing to use this Website you represent and warrant that:

7.3.1 any information you submit is accurate and truthful; and

7.3.2 you will keep this information accurate and up-to-date.

7.4 By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and/or permissions to use the Content in this fashion. Further, you waive all moral rights in the Content to be named as its author and grant Counsellingo a licence to modify the Content as necessary for its inclusion on the Website. Counsellingo accepts no responsibility or liability for any infringement of third party rights by such Content.

7.5 Unless a User informs Counsellingo otherwise, in advance of posting, in writing, and Counsellingo agrees to any terms or restrictions, all Content submitted is for publication on the Website and other such uses as Counsellingo may deem appropriate under a royalty-free, perpetual basis.

7.6 Counsellingo will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content. Use of and reliance upon such Content is entirely at your own risk.

7.7 Content submitted by Users is not screened by Counsellingo prior to appearing online. We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of Content, please submit your query to legal@counsellingo.com. This does not constitute an undertaking to explain our actions.

7.8 You acknowledge that Counsellingo may retain copies of any and all communications made to us or using our System.

7.9 You acknowledge that any information you post using our System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

8. Termination and Suspension

In the event that any of the provisions of sub-Clause 7.1, above, are not followed, Counsellingo reserves the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.

9. Privacy

9.1 Use of the Website is also governed by our Privacy Statement which is incorporated into these terms of use by this reference. To view the Privacy Statement, please click on the link above.

9.2 The Website places cookies onto your computer or device. Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Statement. By accepting these terms of use, you are giving consent to Counsellingo to place cookies on your computer or device. Please read the information contained in the Privacy Statement prior to acceptance.

10. Disclaimers

10.1 Counsellingo makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

10.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

10.3 The information on this Website is not designed with commercial purposes in mind. Commercial use of the Content of this Website is forbidden under sub-Clause 2.2.1 of these Terms of Use. Any such use constitutes a breach of these Terms of Use and Counsellingo makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and/or advice on which business decisions can be based.

10.4 Whilst every effort has been made to ensure that all descriptions of services available from Counsellingo correspond to the actual services available, Counsellingo is not responsible for any variations from these descriptions.

10.5 Whilst Counsellingo uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

11. Availability of the Website and Modifications

11.1 The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

11.2 Counsellingo accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

11.3 Counsellingo reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms of Use shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

12. Limitation of Liability

12.1 To the maximum extent permitted by law, Counsellingo accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

12.2 Nothing in these Terms of Use excludes or restricts Counsellingo's liability for death or personal injury resulting from any negligence or fraud on the part of Counsellingo.

12.3 Whilst every effort has been made to ensure that these Terms of Use adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining terms of use. This term shall apply only within jurisdictions where a particular term is illegal.

13. No Waiver

In the event that any party to these Terms of Use fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

14. Previous Terms of Use

In the event of any conflict between these Terms of Use and any prior versions thereof, the provisions of these Terms of Use shall prevail unless it is expressly stated otherwise.

15. Third Party Rights

Nothing in these Terms of Use shall confer any rights upon any third party. The agreement created by these Terms of Use is between you and Counsellingo.

16. Communications

16.1 All notices/communications shall be given to us either by post to our Premises (see address above) or by email to legal@counsellingo.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

16.2 Counsellingo may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the 'Unsubscribe' link in any email which you receive from us.

17. Law and Jurisdiction

These Terms of Use and the relationship between you and Counsellingo shall be governed by and construed in accordance with the Law of England and Wales and Counsellingo and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

Counsellingo ® is a registered trade mark of Counsellingo Ltd.

Counsellingo Ltd. is a company registered in England and Wales.

Terms of Use

Register | Login

Home | About | Terms | Privacy | Contact