Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
- Terms of website use
- Other applicable terms
2.1.2.Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Website. When using the Website, you must comply with this Acceptable Use Policy.
2.2. If you purchase Courses, bespoke Training or individual Coaching or Journalling sessions from the Website, our Terms and Conditions of Supply will apply to sales transactions.
2.3 Our policies are available in English only.
- Information about us
This site is owned by and run by Diamond Minds, a company registered in England with company registration number, 11805271
The registered company address is: Flat 1 Valley Court, Ore Valley Road, Hastings, East Sussex, TN34 3FE.
- Changes to these terms
4.2. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
- Changes to the Website
5.1. We may update the Website from time to time and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time, and we are under no obligation to update it.
5.2. We do not guarantee that the Website, or any content on it, will be free from errors or omissions.
- Accessing the Website
6.1. General access to the Website is free of charge, except for courses, coaching and journalling sessions which may be subject to a separate charge and terms of purchase.
6.2. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
6.3. You are responsible for making all arrangements necessary for you to have access to the Website.
6.5 Minors accessing site
6.5.1 The use of the Website by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use the Website that it is important that they communicate with their children about their safety online.
- Your account and password (subscriptions/non-live courses)
7.1. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures when accessing non-live courses, you must treat such information as confidential. You must not disclose it to any third party. You will be responsible for any unauthorised use of your account or your password.
7.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the Contact Us page.
7.4. You will take reasonable care to ensure that the information you supply about yourself and all Users will be complete and accurate.
7.5. Please ensure that the information you provide relates to you and not to any other person.
- Intellectual property rights
8.1. We are the owner or the licensee of all intellectual property rights on the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.2. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others to content posted on the Website.
8.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.4. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
8.5. You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
- Reliance on Information
9.1. The content on the Website is provided for general information and educational purposes only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
9.2. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.
- Limitation of our liability
10.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
10.3. We will not be liable to any user 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:
10.3.1. use of, or inability to use, the Website; or
10.3.2. use of or reliance on any content displayed on the Website.
10.4. If you are a business user, please note that in particular, we will not be liable for:
10.4.1. loss of profits, sales, business, or revenue;
10.4.2. business interruption;
10.4.3. loss of anticipated savings;
10.4.4. loss of business opportunity, goodwill or reputation; or
10.4.5. any indirect or consequential loss or damage.
10.5. If you are a consumer user, please note that we only provide the Website for domestic and private use. You agree not to use the Website 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.
10.6. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
10.7. We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
10.8. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any purchased Courses or individual journalling or coaching sessions to you, which will be set out in our Terms and Conditions of Supply.
10.9 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 a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- Uploading content to the Website
11.1. Whenever you make use of a feature that allows you to upload content to the Website or to make contact with other users of the Website (User Generated Content), you must comply with the content standards set out in our Acceptable Use Policy.
11.2. Any and all intellectual property rights in content that you upload to the Website shall remain vested in you. You grant us a non-exclusive, royalty free, perpetual, sub-licensable right to use, access, copy, adapt, modify, distribute and disclose to third parties that intellectual property for any purpose. You also grant other individuals accessing the Website a right to copy, view and use your User Generated Content for the purposes of private study in connection with their use of the Website and/or participation in a course or similar study provided by us.
11.3. You hereby warrant that:
11.3.1. all User Generated Content is and will be your original work and has not been and will not be copied wholly or substantially from any other work or material or any other source;
11.3.2. you are the sole legal and beneficial owner of the rights in the User Generated Content;
11.3.3. you have not transferred or licensed and will not transfer or license any of the rights in User Generated Content in a manner which would prevent the exercise by us of the licence granted in this clause 10;
11.3.4. your rights in the User Generated Content are not subject to any other interest, such as a security interest, option, mortgage, charge or lien;
11.3.5. you are unaware (having carried out reasonable and diligent enquiries) of any infringement, or likely infringement of, any of the rights in the User Generated Content;
11.3.6. so far as you are aware (having carried out reasonable and diligent enquiries) the exploitation of the rights in User Generated Content will not infringe the rights of any third party;
11.3.7.the User Generated Content complies with the content standards in the Acceptable Use Policy.
11.4. You will be liable to us and indemnify us for any breach of the warranties contained in clause 11.3. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of any of those warranties.
11.5. Any content you upload to the Website will be considered non-confidential and non-proprietary.
11.6. We also have the right to disclose your identity to any third party who is claiming that and content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy or other legal right.
11.7. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Website.
11.8. We have the right to remove any posting you make on the Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
11.9. The views expressed by other users on the Website do not represent our views or values.
12.1. We do not guarantee that the Website will be secure or free from bugs or viruses.
12.2. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
12.3. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the 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 Website will cease immediately.
- Linking to the Website
13.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
13.2. 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.
13.3. You must not establish a link to the Website in any website that is not owned by you.
13.4. Our site must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.
13.5. We reserve the right to withdraw linking permission without notice.
13.6. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
13.7. If you wish to make any use of content on the Website other than that set out above, please contact us using the Contact Us page.
- Third party links and resources on the Website
14.1. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
14.2. We have no control over the contents of those sites or resources.
- Applicable law
- Contact us
16.1. Please address any communications to firstname.lastname@example.org or by post to:
Diamond Minds, Flat 1 Valley Court, Ore Valley Road, Hastings, East Sussex, TN34 3FE
Thank you for visiting the Website
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our website https://www.diamond-minds.co.uk (Website). This acceptable use policy applies to all users of, and visitors to, the Website.
Your use of the Website means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms of Website Use.
The Website is a site operated by Diamond Minds (we or us), a company in England registered with Companies House, company registration number 11805271
- Prohibited uses
1.1. You may use the Website only for lawful purposes. You may not use the Website:
1.1.1.in any way that breaches any applicable local, national or international law or regulation.
1.1.2.in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
1.1.3.for the purpose of harming or attempting to harm minors in any way.
1.1.4.to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in section 3.
1.1.5.to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
1.1.6.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.
1.2. You also agree:
1.2.1.not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of our Terms of Website Use.
1.2.2.not to access without authority, interfere with, damage or disrupt:
220.127.116.11.(a) any part of the Website;
18.104.22.168.(b) any equipment or network on which the Website is stored;
22.214.171.124.(c) any software used in the provision of the Website; or
126.96.36.199.(d) any equipment or network or software owned or used by any third party.
- Interactive services
2.1. We may from time to time provide interactive services on the Website, including, without limitation forums, chat rooms and bulletin boards (interactive services).
2.2. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
2.3. We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
2.4. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
2.5. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
- Content standards
3.1. These content standards apply to any and all material which you contribute to the Website (contributions), and to any interactive services associated with it.
3.2. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
3.3. Contributions must:
3.3.1. be accurate (where they state facts).
3.3.2. be genuinely held (where they state opinions).
3.3.3. comply with applicable law in the UK and in any country from which they are posted.
3.4. Contributions must not:
3.4.1. contain any material which is defamatory of any person.
3.4.2. contain any material which is obscene, offensive, hateful or inflammatory.
3.4.3. promote sexually explicit material.
3.4.4. promote violence.
3.4.5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
3.4.6. infringe any copyright, database right or trade mark of any other person.
3.4.7. be likely to deceive any person.
3.4.8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
3.4.9. promote any illegal activity.
3.4.10. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
3.4.11. be likely to harass, upset, embarrass, alarm or annoy any other person.
3.4.12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
3.4.13. give the impression that they emanate from us, if this is not the case.
3.4.14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- Suspension and termination
4.1. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
4.2. Failure to comply with this acceptable use policy constitutes a material breach of the Terms of Website Use upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:
4.2.1. immediate, temporary or permanent withdrawal of your right to use the Website.
4.2.2. immediate, temporary or permanent removal of any posting or material uploaded by you to the Website.
4.2.3. issue of a warning to you.
4.2.4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
4.2.5. further legal action against you.
4.2.6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
4.3. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
- Changes to the Acceptable Use policy
5.1. We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use policy may also be superseded by provisions or notices published elsewhere on the Website.