Terms and Conditions of Use & Copyright Notice

TERMS AND CONDITIONS OF USE

BY USING MENTALLYWELLSCHOOLS.CO.UK, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW

Introduction

These terms and conditions apply between you, the User of this Website / Service (including any sub-domains, unless expressly excluded by their own terms and conditions), and Mentally Well Schools Limited trading as Mentally Well Schools, the owner and operator of this Website and Service. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website and Service. If you do not agree to be bound by these terms and conditions, you should stop using the Website and Service immediately.

In these terms and conditions, User or Users means any third party that accesses the Website / Service and is not either (i) employed by Mentally Well Schools Limited trading as Mentally Well Schools and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Mentally Well Schools Limited trading as Mentally Well Schools and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website and Service. By using the Website and Service, and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

All Content included on the Website, unless uploaded by Users or expressly attributed as Curated Content, is the property of Mentally Well Schools Limited trading as Mentally Well Schools. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.

You acknowledge that the product you use and download will remain the property of Mentally Well Schools Limited trading as Mentally Well Schools at all times and you agree to our Terms and Conditions of Use.

You may, for your own personal, non-commercial use only, do the following:

• • retrieve, display and view the Content on a computer screen
  • Individual Plan subscribers: use and print our programme resources for your sole personal and/or direct classroom use with students you directly teach
  • School Plan subscribers: use and print our programme resources only for use within your specific school

Note: See Copyright Notice for more on this.

Prohibited use

You must not:

• • use the Website and/or its Content in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website
  • use the Website and/or its Content in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order

Note: Please also refer to Copyright Notice section below.

Registration

You must ensure that the details provided by you on registration or at any time are correct and complete.

You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.

You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

Password and security

When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.

If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.

Refusal of service

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

We reserve the right to remove the accounts held by any individuals representing companies that offer a similar or directly competing Service.

Order confirmation

We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

Duration of subscription agreement & First month free offer

Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Mentally Well Schools Limited when there are reasonable delays in the access of the Service.

Mentally Well Schools Limited reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.

The first month free promotional offer is available to new users.

Valid form of payment required at sign-up, but you will not be charged until your first month free (30 days) period has completed, and you may cancel at any time. You will need to cancel before the end of the first month (30 day) period if you do not want to be charged. To manage or cancel your subscription, visit the Account section within your logged in user Dashboard.

After first month (30 day) free period: 

If you are paying on a Monthly Plan subscription, this allows you access to the Service for 30 days. Failure to pay your monthly subscription payment will result in access to the Service being stopped. You may cancel the automatic renewal of your monthly subscription at any time from within the Account section of your Dashboard, and your access to the Site will end at the end of the current contracted term.

For Annual Plan subscriptions, you will receive 365 days access. You may cancel the automatic renewal of your annual subscription at any time from within the Account section of your Dashboard, and your access to the Site will end at the end of the current contracted term.

Lifetime Access is for the lifetime of the Service. If for any reason, Mentally Well Schools Limited should dissolve or cease to exist, then your access to the Service terminates.

Purchase Order payments

Upon receipt of the fully completed form & a copy of your Purchase Order, we will process your order and set up your Mentally Well Schools subscription within 5 working days for your use. We will also send an invoice to the Accounts Department contact as provided on the form. Payment terms: Invoice to be paid within 45 days of invoice date. An email reminder will be sent if payment is not received within 45 days of the invoice date. We reserve the right to remove the accounts of users where there is non-payment after 50 days of the invoice date.

Cancellations and Refunds

You may cancel your Monthly subscription at any time via your Account page but due to the nature of the Service no refunds will be made for any membership fees already paid.

Once you cancel you will no longer have access to the Service, including all content and community resources, once your current membership period is completed.

No partial refunds are given should you terminate an annual subscription before your renewal date, however you will retain access to the Service until the end of your annual payment term.

Note: It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.

Product description

We endeavour to describe and display the Service as accurately as possible.

While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free.

From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

Changed terms and conditions of use

We may at any time amend these Terms and Conditions of Use.

Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments.

We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

Links to other websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Mentally Well Schools Limited trading as Mentally Well Schools 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.

Privacy Policy

Use of the Website is also governed by our Privacy Policy (which includes information about our use of Cookies), which is incorporated into these terms and conditions by this reference.

Availability of the Website and disclaimers

Any online facilities, tools, services or information that Mentally Well Schools Limited trading as Mentally Well Schools makes available through the Website (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. Mentally Well Schools Limited trading as Mentally Well Schools is under no obligation to update information on the Website.

Whilst Mentally Well Schools Limited trading as Mentally Well Schools uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

Mentally Well Schools Limited trading as Mentally Well Schools accepts no liability for any disruption or non-availability of the Website.

Mentally Well Schools Limited trading as Mentally Well Schools reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available.

These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Other Disclaimers

You expressly acknowledge and agree that:

1. The content of the pages of the Website is for your general information and use only. It is subject to change without notice.
2. Our programme content is drip-fed on a monthly basis from your subscription start date. As an example, in the case of our Ages 7-13 Mental Health Skills Programme (18 weeks in total), upon purchasing your subscription you will receive immediate access to the first 4 weeks of the programme. After 30 days, you will receive access to the next 4 weeks of programme content. After a further 30 days, you will receive access to the next 4 weeks of programme content, then after a further 30 days you will have access to the next 4 weeks of content. After another 30 days, you will receive access to the final 2 weeks of the programme. All our programme content is drip-fed on a monthly basis in this way.
3. Your use of the Service is at your sole risk. Mentally Well Schools Limited trading as Mentally Well Schools has made every effort to ensure that the Content on the Website and made available through the Service is accurate and up-to-date and correct at the time of publication. However, the Website and the Service are provided on an ‘as is’ and ‘as available’ basis. We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the Content provided on the Website or through the Service or that use of the Website will be uninterrupted, virus free or error-free. No responsibility is accepted by or on behalf of Mentally Well Schools for any errors, omissions or inaccurate information on the Website or available through the Service.
4. Neither Mentally Well Schools nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
5. Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
6. From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Mentally Well Schools endorses the website(s) and Mentally Well Schools has no responsibility for the content of the linked website(s).
7. The Content on the Website and made available through the Service is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made. The information, Content of the Website and Service do not address your particular circumstances and accordingly you should not rely upon the Content of the Website or the Service as a substitute for proper professional advice. As stated in our FAQs section, our resources and programmes are designed to help teach children, young people and staff in schools a range of evidence-based mental health skills which have been shown in various studies to benefit mental health. Our materials are designed as a more general PSHE resource or as a targeted intervention for children about whom you have SEMH (Social, Emotional and Mental Health) concerns. However, the resources, programmes and service we offer are not intended as a substitute for counselling/psychotherapy sessions, or for an assessment with an Educational Psychologist; nor are they a substitute for any other face to face interventions with a trained mental health professional.
8. Mentally Well Schools is not responsible for how the Content on the Website or available through the Service is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Website or available through the Service. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
9. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
10. No advice or information, whether oral or written, obtained by you from Mentally Well Schools shall create any warranty or other obligation not expressly stated in these Terms and Conditions of Use.

Limitation of liability

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

We will not be liable to you for any loss or damage of any kind.

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

To the maximum extent permitted by law, Mentally Well Schools Limited trading as Mentally Well Schools accepts no liability for any of the following:

1. 1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
   2. loss or corruption of any data, database or software;
   3. any special, indirect or consequential loss or damage.

General

You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

These terms and conditions together with the Term of Use for the Online Community Forum (see below), Copyright Notice (see below) and Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Mentally Well Schools Limited trading as “Mentally Well Schools” details:

Mentally Well Schools Limited trading as Mentally Well Schools of International House, 64 Nile Street, London N1 7SR, United Kingdom, operates the Website https://mentallywellschools.co.uk

You can contact Mentally Well Schools Limited trading as Mentally Well Schools by email at the following email address: ava@mentallywellschools.co.uk

Last Updated: September 2020

Copyright Notice

By downloading any resources from the Mentally Well Schools website (except from expressly specified Curated Content), you agree to the following:

If you have any questions about our copyright policy, or to discuss any of the above, please email us at: ava@mentallywellschools.co.uk

Please note that we take the copying of any part of our resources very seriously, given that we spend a lot of time, effort and money to produce the highest quality resources for our subscribers.

Last Updated: September 2020

Terms of Use for the Mentally Well Schools Online Community Forum

Your Permission to Use the Forum

Your permission to use the forum is subject to the following conditions:

1. You must be at least eighteen years old.
2. You may no longer use the forum if the company contacts you directly to say that you may not.
3. You must use the forum in accordance with Acceptable Use and Content Standards.

Acceptable Use

1. You may not break the law using the forum.
2. You must abide by UK child safeguarding law, regulations and good practice when using the forum.
3. You may not use or try to use another’s account on the forum without their specific permission.
4. You may not buy, sell, or otherwise trade in user names or other unique identifiers on the forum.
5. You may not send advertisements, chain letters, or other solicitations through the forum, or use the forum to gather addresses or other personal data for commercial mailing lists or databases.
6. You may not automate access to the forum, or monitor the forum, such as with a web crawler, browser plug-in or add-on, or other computer program that is not a web browser. You may crawl the forum to index it for a publicly available search engine, if you run one.
7. You may not use the forum to send e-mail to distribution lists, newsgroups, or group mail aliases.
8. You may not falsely imply that you’re affiliated with or endorsed by the company.
9. You may not hyperlink to images or other non-hypertext content on the forum on other webpages.
10. You may not remove any marks showing proprietary ownership from materials you download from the forum.
11. You may not show any part of the forum on other websites with <iframe>.
12. You may not disable, avoid, or circumvent any security or access restrictions of the forum.
13. You may not strain infrastructure of the forum with an unreasonable volume of requests, or requests designed to impose an unreasonable load on information systems underlying the forum.
14. You may not impersonate others through the forum.
15. You may not take screenshots or copy any parts of the forum with intent to share with others.
16. You may not encourage or help anyone in violation of these terms.

Content Standards

1. You may not submit content to the forum that is illegal, offensive, or otherwise harmful to others. This includes content that is harassing, inappropriate, or abusive.
2. You may not submit content to the forum that violates the law, infringes anyone’s intellectual property rights, violates anyone’s privacy, or breaches agreements you have with others.
3. You may not submit content to the forum containing malicious computer code, such as computer viruses or spyware.
4. You may not submit content to the forum as a mere placeholder, to hold a particular address, user name, or other unique identifier.
5. You may not use the forum to disclose information that you don’t have the right to disclose, like others’ confidential or personal information.

Enforcement

The company may investigate and prosecute violations of these terms to the fullest legal extent. The company may notify and cooperate with law enforcement authorities in prosecuting violations of the law and these terms.The company reserves the right to change, redact, and delete content on the forum for any reason. If you believe someone has submitted content to the forum in violation of these terms, contact us immediately.

Your Account

You must create and log into an account to use some features of the forum. To create an account, you must provide some information about yourself. If you create an account, you agree to provide, at a minimum, a valid e-mail address, and to keep that address up-to-date. You may close your account at any time by e-mailing customerservice@mentallywellschools.co.uk. You agree to be responsible for all action taken using your account, whether authorised by you or not, until you either close your account or notify the company that your account has been compromised. You agree to notify the company immediately if you suspect your account has been compromised. You agree to select a secure password for your account, and keep it secret.The company may restrict, suspend, or close your account on the forum according to its policy for handling copyright-related takedown requests, or if the company reasonably believes that you’ve broken any rule in these terms.

Your Content

Nothing in these terms gives the company any ownership rights in intellectual property that you share with the forum, such as your account information, posts, or other content you submit to the forum. Nothing in these terms gives you any ownership rights in the company’s intellectual property, either.Between you and the company, you remain solely responsible for content you submit to the forum. You agree not to wrongly imply that content you submit to the forum is sponsored or approved by the company. These terms do not obligate the company to store, maintain, or provide copies of content you submit, and to change it, according to these terms.Content you submit to the forum belongs to you, and you decide what permission to give others for it. But at a minimum, you license the company to provide content that you submit to the forum to other users of the forum. That special license allows the company to copy, publish, and analyse content you submit to the forum.When content you submit is removed from the forum, whether by you or by the company, the company’s special license ends when the last copy disappears from the company’s backups, caches, and other systems. Other licenses you apply to content you submit, such as Creative Commons licenses, may continue after your content is removed. Those licenses may give others, or the company itself, the right to share your content through the forum again.Others who receive content you submit to the forum may violate the terms on which you license your content. You agree that the company will not be liable to you for those violations or their consequences.

Your Responsibility

You agree to indemnify the company from legal claims by others related to your breach of these terms, or breach of these terms by others using your account on the forum. Both you and the company agree to notify the other side of any legal claims for which you might have to indemnify the company as soon as possible. If the company fails to notify you of a legal claim promptly, you won’t have to indemnify the company for damages that you could have defended against or mitigated with prompt notice. You agree to allow the company to control investigation, defence, and settlement of legal claims for which you would have to indemnify the company, and to cooperate with those efforts. The company agrees not to agree to any settlement that admits fault for you or imposes obligations on you without your prior agreement.

Disclaimers

You accept all risk of using the forum and content on the forum. As far as the law allows, the company and its suppliers provide the forum as is, without any warranty whatsoever. The forum may hyperlink to and integrate forums and services run by others. The company does not make any warranty about services run by others, or content they may provide. Use of services run by others may be governed by other terms between you and the one running service.

Limits on Liability

Neither the company nor its suppliers will be liable to you for breach-of-contract damages their personnel could not have reasonably foreseen when you agreed to these terms. As far as the law allows, the total liability to you for claims of any kind that are related to the forum or content on the forum will be limited to $50.

Feedback

The company welcomes your feedback and suggestions for the forum. Use our Contact page or the Contact section of the online community forum to get in touch with us.You agree that the company will be free to act on feedback and suggestions you provide, and that the company won’t have to notify you that your feedback was used, get your permission to use it, or pay you. You agree not to submit feedback or suggestions that you believe might be confidential or proprietary, to you or others.

Termination

Either you or the company may end the agreement written out in these terms at any time. When our agreement ends, your permission to use the forum also ends.The following provisions survive the end of our agreement: Your Content, Feedback, Your Responsibility, Disclaimers, Limits on Liability, and General Terms.

Disputes

United Kingdom will govern any dispute related to these terms or your use of the forum. Any arbitration award will include costs of the arbitration, reasonable lawyers’ fees, and reasonable costs for witnesses.

General Terms

If a provision of these terms is unenforceable as written, but could be changed to make it enforceable, that provision should be modified to the minimum extent necessary to make it enforceable. Otherwise, that provision should be removed. You may not assign your agreement with the company. The company may assign your agreement to any affiliate of the company, any other company that obtains control of the company, or any other company that buys assets of the company related to the forum. Any attempted assignment against these terms has no legal effect.Neither the exercise of any right under this Agreement, nor waiver of any breach of this Agreement, waives any other breach of this Agreement. These terms embody all the terms of agreement between you and the company about use of the forum. These terms entirely replace any other agreements about your use of the forum, written or not.

Contact

You may notify the company under these terms, and send questions to the company, at ava@mentallywellschools.co.uk. The company may notify you under these terms using the e-mail address you provide for your account on the forum, or by posting a message to the homepage of the forum or your account page.

Changes

The company which provides the forum last updated its terms on July 12, 2018, and may update these terms again. The company will post all updates to the forum. For updates that contain substantial changes, the company agrees to e-mail you, if you’ve created an account and provided a valid e-mail address. The company may also announce updates with special messages or alerts on the forum.Once you get notice of an update to these terms, you must agree to the new terms in order to keep using the forum.

Last Updated: September 2020