The Mind Recovery Net service is provided by Action Starter Limited, a business registered with Companies House in England, UK.
These Terms are binding on any use of the Service and apply to You from the time that Mind Recovery Net provides You with access to the Service.
By registering to use the Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
These Terms were first published in May 2016.
Changes to the Terms in June 2016 includes:
– Updating the definition of “You” to include Tutors as “Invited Users” that specifically use Tutor Corner.
means the monthly fee (excluding any taxes and duties) payable by You in accordance with the fee schedule set out on the Website (which Mind Recovery Net may change from time to time on notice to You).
includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
means any data inputted by You or with Your authority into the Website.
“Intellectual Property Right”
means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
means the online short learning course management services made available (as may be changed or updated from time to time by Mind Recovery Net) via the Website.
means the Internet site at the domain www.mindrecoverynet.org.uk or any other site operated by Mind Recovery Net or it’s owner Action Starter.
“Mind Recovery Net”
means Action Starter Limited which is registered at Companies House in England, UK, with registered company number 08339852, registered on 21/12/2012 with registered address of Birmingham Science Park, Faraday Wharf, Holt Street , Birmingham , United kingdom , B7 4AA.
the terms in which you agree to subscribe to the service either via the website, or through discussion with Mind Recovery Net.
means any person or entity, other than the Subscriber, that uses the Service with the authorisation of the Subscriber from time to time.
“Entity” or “Organisation”
The entity or organisation that You work for that provides short learning courses and is recognised by your learners as the organisation that they are learning with.
Another entity or Organisation that You work for that provides short learning courses.
“Subscriber” or “Learning Provider”
means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
means the Subscriber, and where the context permits, an Invited User (i.e. Tutor using Tutor Corner). “Your” has a corresponding meaning.
2. Use of Software
Mind Recovery Net grants You the right to access and use the Service via the Website with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:
The Subscriber determines who is an Invited User and what level of user role access to the relevant organisation and Service that Invited User has;
The Subscriber is responsible for all Invited Users’ use of the Service;
The Subscriber controls each Invited User’s level of access to the relevant organisation and Service at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;
If there is any dispute between a Subscriber and an Invited User regarding access to any organisation or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.
3. Your Obligations
- Payment obligations:
An invoice for the Subscription Fee will be issued dependant on your agreed Payment Terms.
All invoices will include the Subscription Fee for the preceding period one month of use. Mind Recovery Net will continue invoicing You until this Agreement is terminated in accordance with clause 8.
All Mind Recovery Net invoices will be sent to You, or to a Billing Contact whose details are provided by You, by email. You must pay or arrange payment of all amounts specified in any invoice by the due date for payment and are payable within 30 days of the invoice date. You are responsible for payment of all taxes and duties in addition to the Subscription Fee.
- Preferential pricing or discounts:
You may from time to time be offered preferential pricing or discounts for the Subscription Fees as a result of the number of organisations that You have added to the Service or that have been added with Your authority or as a result of Your use of the Service (‘Organisations’). Eligibility for such preferential pricing or discounts is conditional upon Your acceptance of responsibility for payment of any Subscription Fees in relation to Your Organisation. Without prejudice to any other rights that Mind Recovery Net may have under these Terms or at law, Mind Recovery Net reserves the right to render invoices for the full (non-discounted) Subscription Fees due or suspend or terminate Your use of the Service in respect of Your Organisation in the event that any invoices for those Subscription Fees are not paid in full by the due date for payment.
- General obligations:
You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Mind Recovery Net or condition posted on the Website. You may not use the Service and Website under one Organisation Subscription Fee on behalf of others or in order to provide services to others. Any other Organisation, whether a Connected Organisation or not, must register with Mind Recovery Net separately.
- Automated data delivered to your Organisation:
Where available, automated data feeds from Mind Recovery Net are generally provided to You free of charge for you to use. However, Mind Recovery Net reserves the right to charge integration fees related to the provision of automated data feeds on a case-by-case basis at Mind Recovery Net’s sole discretion. Mind Recovery Net would first inform You via email to indicate what those charges are likely to be (as such charges may vary depending on your Organisation’s website infrastructure). You have the option to decide to discontinue use of automated data feeds at any time. To exercise this option, you can delete the data feeds from your website without notice. Your service maybe affected if you do delete, or remove by accident these data feeds.
- Access conditions:
- You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify Mind Recovery Net of any unauthorised use of Your passwords or any other breach of security and Mind Recovery Net will reset Your password and You must take all other actions that Mind Recovery Net reasonably deems necessary to maintain or enhance the security of Mind Recovery Net’s computing systems and networks and Your access to the Services.
- As a condition of these Terms, when accessing and using the Services, You must:
- not attempt to undermine the security or integrity of Mind Recovery Net’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
- Not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
- Not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
- Not transmit, or input into the Website, any: files that may damage any other person’s computing devices or software (including any virsus, malware, code or similar), content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use);
- and not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
- Usage Limitations:
Use of the Service may be subject to limitations, including but not limited to file storage limits, number of User accounts, volume of Support calls to Mind Recovery Net. Any such limitations will be advised and form part of your Agreement with us.
- Communication Conditions:
As a condition of these Terms, if You use any communication tools available through the Website (such as any forum, chat room or message centre), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).
When You make any communication on the Website, You represent that You are permitted to make such communication. Mind Recovery Net is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, Mind Recovery Net does reserve the right to remove any communication at any time in its sole discretion.
You indemnify Mind Recovery Net against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to Mind Recovery Net, including (but not limited to) any costs relating to the recovery of any Subscription Fees that are due but have not been paid by You.
4. Confidentiality and Privacy
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
- Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
- Each party’s obligations under this clause will survive termination of these Terms.
- The provisions of clauses 4.1.1 and 4.1.2 shall not apply to any information which:
- is or becomes public knowledge other than by a breach of this clause;
- is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
- is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party;
- or is independently developed without access to the Confidential Information.
5. Intellectual Property
Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Mind Recovery Net (or its licensors).
- Ownership of Data:
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the Mind Recovery Net Subscription Fee when due. You grant Mind Recovery Net a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
- Backup of Data:
You must maintain copies of all Data inputted into the Service. Mind Recovery Net adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Mind Recovery Net expressly excludes liability for any loss of Data no matter how caused.
- Third-party applications and your Data.
If You enable third-party applications for use in conjunction with the Services, You acknowledge that Mind Recovery Net may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. Mind Recovery Net shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.
6. Warranties and Acknowledgements
You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
You acknowledge that:
- You are authorised to use the Services and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorised to use the Service. You are also authorised to access the processed information and Data that is made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else).
- Mind Recovery Net has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
- You are responsible for ensuring that You have the right to do so;
- You are responsible for authorising any person who is given access to information or Data, and you agree that Mind Recovery Net has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address;
- and You will indemnify Mind Recovery Net against any claims or loss relating to:
- Mind Recovery Net’s refusal to provide any person access to Your information or Data in accordance with these Terms,
- Mind Recovery Net making available information or Data to any person with Your authorisation.
- The provision of, access to, and use of, the Services is on an “as is ” basis and at Your own risk.
- Mind Recovery Net does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Mind Recovery Net is not in any way responsible for any such interference or prevention of Your access or use of the Services.
- Mind Recovery Net is not Your education consultant or in any way connected to the courses that you provide and use of the Services does not constitute the receipt of education advice. If You have any education advice questions, please seek a qualified provider of this service.
- It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.
- You remain solely responsible for complying with all applicable legislation regarding the provision of short courses to your Service Users. It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).
- No warranties:
Mind Recovery Net gives no warranty about the Services. Without limiting the foregoing, Mind Recovery Net does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
- Consumer guarantees:
You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
7. Limitation of Liability
- To the maximum extent permitted by law, Mind Recovery Net excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
- If You suffer loss or damage as a result of Mind Recovery Net’s negligence or failure to comply with these Terms, any claim by You against Mind Recovery Net arising from Mind Recovery Net’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Subscription Fees paid by You in the previous 12 months.
- If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.
- Trial policy
When You first sign up for access to the Services You can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If You choose to continue using the Services thereafter, You will be billed from the day You first added Your billing details into the Services. If You choose not to continue using the Services, You may delete Your organisation by contacting Mind Recovery Net.
- Prepaid Subscriptions
Mind Recovery Net will not provide any refund for any remaining prepaid period for a prepaid Subscription Fees.
- No-fault termination
These Terms will continue for the period covered by the Subscription Fee paid or payable under clause 3.1. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Subscription Fee when due, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period. If You terminate these Terms You shall be liable to pay all relevant Subscription Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms.
- breach any of these Terms (including, without limitation, by non-payment of any Subscription Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
- breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 3.4 or any payment of Subscription Fees that are more than 30 days overdue); or
- You or Your organisation become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,
Mind Recovery Net may take any or all of the following actions, at its sole discretion:
- Terminate this Agreement and Your use of the Services and the Website;
- Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
- Suspend or terminate access to all or any Data.
- Take either of the actions in sub-clauses (4), (5) and (6) of this clause 8(4) in respect of any or all other persons whom You have authorised to have access to Your information or Data.
In accordance with General Obligations (clause 3), if you have registered another connected Organisation and if payment of any invoice for Subscription Fees due in relation to any of Your Organisations (as defined at clause 3) is not made in full by the relevant due date, Mind Recovery Net may: suspend or terminate Your use of the Service, the authority for all or any of Your Organisations to use the Service, or Your rights of access to all or any Data.
- Accrued Rights:
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
- Remain liable for any accrued charges and amounts which become due for payment before or after termination; and
- Immediately cease to use the Services and the Website.
- Expiry or termination:
Clauses 3.1 (payment obligations), 3.7 (Communication Conditions), 4 (Confidentiality and Privacy), 5 (Intellectual Property), 6 (Warranties and Acknowledgements), 7 (Limitation of Liability), 8 (Termination) and 10 (General) survive the expiry or termination of these Terms.
9. Help Desk
If for any reason Mind Recovery Net has to interrupt the Services for longer periods than Mind Recovery Net would normally expect, Mind Recovery Net will use reasonable endeavours to publish in advance details of such activity on the Website.
- Technical Problems:
In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Mind Recovery Net. If You still need technical help, please check the support provided online by Mind Recovery Net on the Website or failing that email us at email@example.com
- Service availability:
Whilst Mind Recovery Net intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.
- Entire agreement:
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
- No Assignment:
You may not assign or transfer any rights to any other person without Mind Recovery Net’s prior written consent.
- Governing law and jurisdiction:
Mind Recovery Net is intended for sole use in the countries of England and Wales. If you do not reside in these areas then you must not use the Service.
This Agreement is governed by the laws of England and Wales and You hereby submit to the exclusive jurisdiction of the courts of England and Wales for all disputes arising out of or in connection with this Agreement.
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Mind Recovery Net must be sent to firstname.lastname@example.org or to any other email address notified by email to You by Mind Recovery Net. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
- Rights of Third Parties:
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
© 2016 – 2018 Action Starter Limited. All rights reserved.