Terms of Use

These Terms of Use were last updated on 2/3/2021

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE

WHAT'S IN THESE TERMS?

These Terms of Use (“Terms”) tell you the rules for accessing and using the Augmentive Platform which you access through our website at www.augmentive.io (our "Platform").

    WHO WE ARE AND HOW TO CONTACT US

    Our Platform has been designed to help you flourish in all aspects of your personal and professional life. One of the ways that it does that is to match you with high-quality professionals (our “Professionals”) who work with you to improve your psychological wellbeing and performance across a number of disciplines.

      Our Platform is a website operated by Augmentive Limited ("We"). We are registered in England and Wales under company number 12464843 and have our registered office at 25 Ep 25 Eccleston Pl, London, England, SW1W 9NF.

        To contact us, please email info@augmentive.io.

          BY USING OUR PLATFORM YOU ACCEPT THESE TERMS

          By using our Platform, whether as an individual, an organisation (on behalf of individuals) or as a Professional you confirm that you accept these Terms and that you agree to comply with them.

            If you do not agree to these Terms, you must not use our Platform.

              We recommend that you print a copy of these Terms for future reference.

                THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

                These Terms refer to the following additional terms, which also apply to your use of our Platform:

                1. Our Privacy Policy.

                  1. Our Cookie Policy, which sets out information about the cookies on our Platform.

                    1. Our Individual Terms and Conditions (for individuals and organisations on behalf of individuals who use our Platform in order to be matched with Professionals as well as to take advantage of other services that we may offer)

                      1. Our Professionals Terms and Conditions (for Professionals only).

                        WE MAY MAKE CHANGES TO THESE TERMS

                        We may need to amend these Terms from time to time. Every time you wish to use our Platform, please check these Terms to ensure you understand the terms that apply at that time.

                          These Terms were last updated on the date stated at the beginning of these Terms.

                            WE MAY MAKE CHANGES TO OUR PLATFORM

                            We may update and change our Platform from time to time to reflect changes to our services, the services that our Professionals offer, our users' needs and our business priorities.

                              WE MAY SUSPEND OR WITHDRAW OUR PLATFORM

                              Our Platform is made available free of charge although you will be charged a small fee whenever you book sessions with our Professionals or if you sign up to our other services as set out in our Individual Terms and Conditions or if you are a Professional as set out in our Professional Terms and Conditions.

                                We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

                                  You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

                                    WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

                                    We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

                                      YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

                                      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, you must treat such information as confidential. You must not disclose it to any third party.

                                        We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

                                          If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@augmentive.io.

                                            HOW YOU MAY USE MATERIAL ON OUR PLATFORM

                                            We are the owner or the licensee of all intellectual property rights in our Platform, and in the material published on it with the exception of certain materials posted by our Professionals as set out in our Professionals Terms and Conditions. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

                                              You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal use and you may draw the attention of others within your organisation to content posted on our Platform.

                                                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.

                                                  Our status (and that of any identified contributors) as the authors of content on our Platform must always be acknowledged.

                                                    You must not use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

                                                      If you print off, copy or download any part of our Platform in breach of these Terms, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

                                                        DO NOT RELY ON INFORMATION ON OUR PLATFORM

                                                        Please note that the content on our Platform is provided for general information only. It is not intended to amount to advice, or endorsement of any listing, on which you should rely, nor does the mention of a particular product or service within the content constitute a recommendation for you to make a particular purchase. We shall not be liable for any errors, inaccuracies or delays in any content, or for any actions taken by you in reliance of the content. You expressly agree that your use of the content and any reliance you place on such content is at your sole risk.

                                                          Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date. To the fullest extent permitted by applicable law, we disclaim all responsibility for any loss, injury claim, liability, or damage of any kind resulting from or related to access, use or the unavailability of the content (or any part thereof).

                                                            WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

                                                            Where our Platform contains links to other sites and resources provided by third parties, including the listed Professionals, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or any information, products or services you may obtain from vesting them.

                                                              We have no control over the contents of those sites or resources.

                                                                USER-GENERATED CONTENT IS NOT APPROVED BY US

                                                                Our Platform may include information and materials uploaded or provided to us by other users of our Platform, including our Professionals. This information and these materials have not been verified or approved by us. The views expressed by our users and our Professionals on our Platform do not represent our views or values and are not endorsed by us.

                                                                  OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

                                                                  We shall not be liable for any errors, inaccuracies or delays in any content, or for any actions taken by you in reliance of the content. You expressly agree that your use of the content and any reliance you place on such content is at your sole risk.

                                                                    To the fullest extent permitted by applicable law, we expressly disclaim any representation or warranties, express or implied, including without limitation any representations or warranties of performance, merchantability, fitness for a particular purpose, accuracy, completeness, reliability and non-infringement that may apply to our Platform or any content on it.

                                                                      To the fullest extent permitted by applicable law, we will not be liable to you 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 (i) your use of, or inability to use, our Platform; or (ii) you use of or reliance on any content displayed on our Platform. [In particular, where you are a business (including our Professionals) we will not be liable for:

                                                                      1. loss of profits, sales, business, or revenue;

                                                                        1. business interruption;

                                                                          1. loss of anticipated savings;

                                                                            1. loss of business opportunity, goodwill or reputation; or

                                                                              1. any indirect or consequential loss or damage.

                                                                                We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

                                                                                  HOW WE MAY USE YOUR PERSONAL INFORMATION

                                                                                  We will only use your personal information as set out in our Privacy Policy.

                                                                                    WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

                                                                                    We do not guarantee that our Platform will be secure or free from bugs or viruses.

                                                                                      You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.

                                                                                        You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform 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 cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Platform will cease immediately.

                                                                                          RULES ABOUT LINKING TO OUR PLATFORM

                                                                                          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.

                                                                                            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.

                                                                                              You must not establish a link to our Platform in any website that is not owned by you.

                                                                                                Our Platform must not be framed on any other Platform, nor may you create a link to any part of our Platform other than the home page.

                                                                                                  We reserve the right to withdraw linking permission without notice.

                                                                                                    The website in which you are linking must comply in all respects with the Content Standards set out below.

                                                                                                      If you wish to link to or make any use of content on our Platform other than that set out above, please contact info@augmentive.io.

                                                                                                        CONTENT STANDARDS

                                                                                                        These content standards apply to any and all material which you contribute to our Platform (Contribution), and to any interactive or social media services associated with it.

                                                                                                          The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

                                                                                                            We will determine, in its discretion, whether a Contribution breaches the Content Standards.

                                                                                                              A Contribution must:

                                                                                                              1. Be accurate (where it states facts).

                                                                                                                1. Be genuinely held (where it states opinions).

                                                                                                                  1. Comply with the law applicable in England and Wales and in any country from which it is posted.

                                                                                                                    A Contribution must not:

                                                                                                                    1. Be defamatory of any person.

                                                                                                                      1. Be obscene, offensive, hateful or inflammatory.

                                                                                                                        1. Promote sexually explicit material.

                                                                                                                          1. Include child sexual abuse material.

                                                                                                                            1. Promote violence.

                                                                                                                              1. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

                                                                                                                                1. Infringe any copyright, database right or trade mark of any other person.

                                                                                                                                  1. Be likely to deceive any person.

                                                                                                                                    1. Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

                                                                                                                                      1. Promote any illegal activity.

                                                                                                                                        1. Be in contempt of court.

                                                                                                                                          1. Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

                                                                                                                                            1. Be likely to harass, upset, embarrass, alarm or annoy any other person.

                                                                                                                                              1. Impersonate any person, or misrepresent your identity or affiliation with any person.

                                                                                                                                                1. Give the impression that the Contribution emanates from us, if this is not the case.

                                                                                                                                                  1. Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

                                                                                                                                                    1. Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

                                                                                                                                                      1. Contain any advertising or promote any services or web links to other sites.

                                                                                                                                                        You may use our Platform only for lawful purposes. You may not use our Platform:

                                                                                                                                                        1. In any way that breaches any applicable local, national or international law or regulation.

                                                                                                                                                          1. In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

                                                                                                                                                            1. For the purpose of harming or attempting to harm minors in any way.

                                                                                                                                                              1. To bully, insult, intimidate or humiliate any person.

                                                                                                                                                                1. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in these Terms.

                                                                                                                                                                  1. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

                                                                                                                                                                    1. 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.

                                                                                                                                                                      You also agree:

                                                                                                                                                                      1. Not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of these Terms.

                                                                                                                                                                        1. Not to access without authority, interfere with, damage or disrupt:

                                                                                                                                                                          1. any part of our Platform;

                                                                                                                                                                          2. any equipment or network on which our Platform is stored;

                                                                                                                                                                          3. any software used in the provision of our Platform; or

                                                                                                                                                                          4. any equipment or network or software owned or used by any third party.

                                                                                                                                                                        WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?

                                                                                                                                                                        These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

                                                                                                                                                                          HOW TO COMPLAIN

                                                                                                                                                                          If you wish to complain about any Contribution or if you believe that a user of our Platform has not complied with these Terms, please contact us at info@augmentive.io.