Temple Core Terms of Use ('Terms') of Our Service
You should read these Terms carefully before using Temple services as they set out the basis on which we provide services to you. If you are unhappy with or do not agree with these Terms then you should exit the Temple platform and cancel any appointment.
These Terms apply to all of the users (including 'you') of our website (http://www.templewellbeing.com). These Terms apply to you if using or paying for our services and should be read in conjunction with the additional terms listed below.
By using the Platform, you are agreeing to these Terms, along with the following additional terms, which also apply and shall be incorporated into our Contract with you:
our Privacy Policy
the additional Terms and Conditions of Service
Any reference to 'these Terms' shall include all of these terms (as applicable)
EMERGENCIES
Please note that Temple is NOT to be used in an EMERGENCY situation
IF YOU BELIEVE THAT YOU OR THE PERSON YOU ARE ASSISTING IS IN AN URGENT OR EMERGENCY SITUATION YOU SHOULD IMMEDIATELY DIAL 999.
IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER - 999 AND NOTIFY THE RELEVANT AUTHORITIES.
WHO WE ARE AND HOW TO CONTACT US
Who we are. The Platform is owned and operated by Temple Wellbeing Limited (‘Temple, Temple Wellbeing 'our', 'us' or 'we'), a company registered in England (company number 11501199).
Temple is regulated by the UK’s communications regulator, OFCOM.
How to contact us. To contact us, please email team@templewellbeing.com or telephone our customer service team on 07834483604.
We may contact you by email to the email address provided in your Account, by written communication to the postal address provided in your Account or by a general notice on the Platform.
OUR SERVICES
What Services do we offer?
Temple offer educational content that aims to support and guide users with their mental wellbeing. Temple provides access to third party service providers on an aggregated platform.
In addition to this, Temple offers a Platform which enables you to connect online, in real time, to independent Therapists who advertise their services on our platform.
All of our Therapists are self-employed and are regulated by their respective regulatory bodies. Each Therapist has their own set of terms and conditions, and any therapeutic contract will be formed between you and your chosen therapist.
Each of the Practitioners are qualified and insured where necessary in their professions and are independent professionals.
Our Platform is available to you if you are in the United Kingdom (i.e. England, Wales, Scotland and Northern Ireland). We do not represent that any content available on or through the Platform is appropriate for use or available outside the United Kingdom
You can use the Platform in order to:
book an appointment for an online consultation with a Consultant via the Platform ('Appointment');
obtain qualified and unqualified advice from the consultant and related administrative services.
Access content and browse our range of Temple support services and third party support services.
(each a 'Service' or together the 'Services').
Appointments are subject to availability. Appointment times are subject to change and are only made available to you at our sole discretion.
In the event that:
you require advice and you are unable to access Temple for whatever reason;
there are no Appointments available to suit your requirements;
you miss an Appointment for whatever reason;
you lose connection to the Platform during an Appointment; or
your Appointment is cancelled, including as a result of a Consultant being unavailable,
it is your sole responsibility to either book an alternative Appointment with us or seek appropriate alternative advice from alternative service providers.
Sessions. Sessions may vary in length and are determined by Temple.
Booking an Appointment in advance. You can choose to book a number of Sessions in advance, which we refer to as an 'Appointment'. The maximum number of consecutive Sessions that you can book in advance at any time is two (i.e. two 40 minute Appointments). Users are entitled to a maximum number of two appointments per calendar month. If you book more than two calendar appointments per month you agree that you (the user) are breaching these conditions and you will pay the full price of any extra appointments you receive. You can request an Appointment on your chosen date and time (subject to availability) via the Platform.
Confirmation of Appointments. After you have requested an Appointment via the Platform you will be sent written confirmation of the Appointment in the form of an email. If you do not receive such confirmation within twenty four (24) hours of requesting your Appointment (or, in the case of same day Appointments, within four (4) hours of the start of your intended Appointment) please contact us to check we have received your booking request.
Changing/Cancelling appointments. Changes to appointments are not permitted on the Temple platform. Appointments must be cancelled and rebooked.
If users wish to cancel an appointment this must be done at least 24 hours before the start of an appointment to ensure that a refund will be issued to the client. Any cancellations made by customers less than 24 hours before the start of an appointment will be deemed a ‘missed appointment’ and the customer may not receive a refund.
Missed appointments. If the user fails to answer a call when a consultant calls at the time of an appointment, the customer understands and accepts that this appointment will be a missed appointment.
We ask the consultant to call the customer one further time if they do not get through on the first try. Any further attempts to get hold of the customer are at the consultant’s discretion.
If the consultant does not call you at the time of your appointment please e-mail team@templewellbeing.com.
If the call fails to work for signal/software reasons, the customer accepts that their appointment will be considered a complete appointment. If you believe the consultant is at fault and you wan’t to dispute this ‘complete appointment’ then we ask you to contact team@templewellbeing.com within four hours of the appointment, explaining what has happened, failure to do so will result in the appointment being logged as complete.
Same Day Appointments. If you want a consultation as soon as possible on the same day, you will need to check for any available Sessions via the Platform.
You accept that the waiting time and all other time estimates are provided as a guide only and do not guarantee provision of the Services, or that a connection with a consultant will be made within certain parameters, within a given time period or at all.
Consultants and choice. You may not be able to choose the Consultant for your Appointment unless we make this option available to you on the Platform, which we may do from time to time at our sole discretion. We do not make any guarantee whatsoever as to the availability of any single Practitioner at any time.
We do not make any representation nor give any warranties regarding any consultant’s training, qualifications or skill, although we do, take reasonable steps to ensure that the consultants are qualified to give advice that they advertise on the platform.
In using the service you accept and understand that a strong and steady internet connection is paramount.
Conduct. If you are unhappy with the conduct of your consultant or you would like to give us feedback then please contact team@templewellbeing.com sharing your thoughts with us.
SAFE USE OF THE SERVICES
To ensure you are able to use the Platform and Services safely and in accordance with these Terms, you must:
provide full and accurate information about your advice topic. Failure to provide full information may impact on the consultant’s ability to provide the Services and the ability of the consultant to make a full assessment of your needs;
Understand that none of the advice advertised through the Temple platform along with our information and services are not a substitute for a doctor or other healthcare professional. If you require medical advice please please do not use the Temple platform or seek this advice from our consultants.
comply with our Fair Usage Policy (see Schedule 1, below) at all times;
not use the Services for any inappropriate purposes (including, without limitation, to obtain clinically inappropriate prescriptions);
follow instructions given to you on the Platform and/or by a Consultant;
seek further advice if you have any concerns about the information given to you on the Platform and/or by a consultant and
seek immediate assistance if you suffer adverse or unexpected effects of any product or method recommended to you on the Platform and/or by a Consultant. Please see Emergencies (see Section 1).
NO RELIANCE ON INFORMATION
The content on our site, and the services received through it, are provided for general wellness information 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 our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
CONNECTIVITY
You need to ensure that at the time of your consultation you have a good WiFi connection rather than 3G or 4G as this usually gives the most reliable connection. For a good quality video call the minimum bandwidth requirement is 300kbps per stream. For the best experience: Chrome version 46.0 and above, Mozilla Firefox version 40.0 and above
You can speak to a consultant using either an iPhone or Android smartphone via WhatsApp Video or FaceTime.
Please ensure that all necessary APPs are fully updated at the time of your appointment.
By using this service you understand and accept that if you do not have a bandwidth minimum of 300kbps and up-to-date software, you may face an interruption to your service and your appointment may fail to work. You accept that if this does lead to a failed consultation, your appointment will be deemed a ‘missed appointment’.
Make sure that you reachable on your smartphone at least five minutes before the start of the appointment so that the consultant can reach you. Please do not attempt to reach the consultant, simply wait on their call.
USING TEMPLE
Registration requirements. In order to use the Platform ('Account') you represent and warrant that you:
are at least eighteen (18) years of age; and
have capacity to accept and agree to these Terms.
Register an Account on the Platform. To register with us you are required to provide accurate and complete information, including your first and last name, email address, postal address, mobile telephone number (you are not permitted to use landline numbers in place of a mobile telephone number) and any other information that we specifically request. You must keep your Account details up to date at all times. We reserve the right to terminate any Account which (at any time) does not include a valid email address and mobile telephone number (not a landline) on file as part of that individual's Account.
Identification Checks / fraudulent Accounts. We may contact you by telephone, post or email to verify identity or other Account information and may request further information from you, which you agree to provide, in order to ensure you have not fraudulently created your Account. If you do not provide this information in the manner requested within seven (7) Working Days of the request, we reserve the right to suspend, discontinue or deny you access to and use of the Platform and Services until the information is provided to our reasonable satisfaction.
All users of the Temple platform must be knowingly covered to use the platform by the client. Users accept and understand that they have no permission to share any log-in details or passwords with any others internally or externally to gain access to the platform. This information is strictly confidential. Any users who are not specifically covered by the client will be using the platform fraudulently and may be subject to a criminal investigation.
Responsibility for your Account. You are solely responsible for all activity that occurs whilst using the platform and you must notify us immediately if you become aware of any unauthorised use of our platform.
We may monitor use. We reserve the right to monitor your use of the Platform and/or Services and to disable your right to use our platform, 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 or if we suspect any unauthorised use or misuse of the Platform and/or Services.
HOW WE MAY USE YOUR PERSONAL INFORMATION
We have taken the appropriate steps to ensure that we are in line with GDPR requirements relating to how your personal data is collected and stored.
Any information we collect will be used in accordance with the Data Protection Act 1998 and the General Data Protection Regulations 2018, together with other applicable laws.
Please see the following definitions below:
Client: The fee paying company that cover their employees to use Temple.
User: Any employee from within that company who uses our platform.
Temple collect personal data relevant to the service we provide, such as name, email, address, mobile, DOB, occupation status, present relationship status, details for next of kin, GP name, address, and telephone number, and an optional basic mental health status form. We will not collect any personal data that is not needed in order to provide and oversee the Temple service.
Personal information will be collected via various channels:
(i) Through the employer (Client), with employee (User’s) consent.
(ii) Through the Appointment Booking Form on the Temple website.
(iii) Through the Contact Us form on the Temple website.
(iiii) Through User Feedback channels (e-mail, website forms).
Employer information passage
Information provided by the Client on behalf of the User will include names, e-mail addresses and work mobile telephone numbers. These details will be stored on Temple servers and used to:
(i) Contact all Users via e-mail to gather feedback on the Temple platform.
(ii) Inform that Temple can ensure the security and regulation of users on the platform.
(iii) Provide Users with access to third party services.
Appointment Booking Form
When booking an appointment, users will upload information onto an Appointment Booking Form on our website. We need this personal information in order to provide you with the Temple service.
This information is collected by the Acuity Scheduling Platform, and shared with Temple and the respective Therapist via e-mail.
This information will be stored by Temple on the Acuity Scheduling platform and Temple e-mail servers.
Therapists have an independent responsibility to store the information you share with them via the Appointment Booking Form safely and securely. Whilst we take reasonable steps to ensure that Therapists on the Temple platform are qualified and understand this, they take responsibility as individual professionals to store your data in line with GDPR requirements. Please refer to the Therapist’s individual Terms and Conditions on their respective Appointment Booking Form pages to understand how they store and process your personal information.
Any information provided by the user via the Appointment Booking Form will remain on our platforms for 1 year.
Video consultation slot
All information provided to the Therapist during the users' allocated Video Consultation slot is strictly confidential. Temple does not have access to this information.
Again, Therapists have an independent responsibility to store the information you share with them via the this appointment safely and securely. Whilst we take reasonable steps to ensure that Therapists on the Temple platform are qualified and understand this, they take responsibility as individual professionals to store your data in line with GDPR requirements.
Please refer to the Therapist’s individual Terms and Conditions on their respective Appointment Booking Form pages to understand how they store and process your personal information, including notes and other information taken during your confidential consultation.
User Feedback
Throughout the customer journey, we ask users to provide us with feedback via various multiple choice questionnaires. This information is for us to better understand the user’s opinions around our service, as well as their mental well-being progress as a result of the Temple platform . This information will be collected via and stored on Squarespace, the Acuity Scheduling platform, Mailchimp, Typeform, and Temple e-mail servers and databases.
We will collect this data and use it:
a) to understand how we can improve our services.
b) to create anonymous data feedback pictures to inform employers on their employees collective engagement with our service and demonstrate changes in employee well-being as a result of using our platform. Data shared with employers cannot be linked back to individual employee identities, and does not compromise User privacy.
General data collection
We may use information provided indirectly by you in order to monitor engagement and usage of our service. This includes, but is not limited to:
a) Your IP Address. This is a string of numbers unique to your computer that is recorded by our web service (Squarespace) when you request any page or component on the Website. This information is used to monitor your usage of the Website and allow us to understand engagement levels.
In addition to this we use Google Analytics to get a better understanding of our users and their engagement throughout our platform. Google Analytics again uses ‘no-name’ data.
This privacy policy covers the service provided by Temple and www.templewellbeing.com. Any other services and websites which may be linked to our service are not included in this privacy policy. Please refer to the following privacy policies for more information:
Mailchimp privacy policy
Gmail privacy policy
Squarespace privacy policy
Acuity Scheduling privacy policy
Typeform privacy policy
Third party services privacy policies
For further information about how we use your personal information please contact Temple at team@templewellbeing.com.
By using Temple, you understand and accept our Privacy Policy. If you do not understand and accept this policy then please contact us immediately to cancel any appointments you have booked and refrain from using our platform.
Recording Appointments.
You are not permitted to make any form of recording of any Appointment yourself.
WE MAY MAKE CHANGES TO THESE TERMS
We may 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. If we make any material changes to these Terms, we will try to give you reasonable notice prior to the change becoming effective. Any change will be effective immediately when the revised Terms are posted on the Platform. You should stop using the Platform if you do not agree to any changes.
These Terms were most recently updated in December 2018. We recommend that you print and keep a copy of these Terms.
WE MAY MAKE CHANGES TO THE PLATFORM AND/OR THE SERVICES.
We may update and/or make changes to the Platform and/or the Services from time to time, for example, to reflect changes in your needs and/or our business priorities, security updates or any legal or regulatory changes. We will try to give you reasonable notice of any major changes in advance. If you are not happy with the proposed changes, then please e-mail us to cancel any appointments that you have booked and please stop using the Temple Platform immediately.
WE MAY SUSPEND OR WITHDRAW THE PLATFORM
We do not guarantee that the 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 the Platform for business and operational reasons, including (without limitation) for technical or security reasons. We will try to give you reasonable notice of any suspension or withdrawal.
If we need to suspend access to the Platform at any time prior to any Appointment that you have already booked, we will notify you in advance (unless the suspension is due to unforeseen circumstances such as emergency maintenance) and arrange a new Appointment for you as soon as possible.
We reserve the right to suspend or terminate your access to the Platform at any time, without notice and without us bearing any liability to you, if we reasonably believe you have breached any of these Terms. In such circumstances, any Appointments that you have already booked will be cancelled.
TEMPORARY USE LICENCE GRANTED
These are both limited licences and you may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Platform, create any works based on the Platform or commercially exploit the Platform or the Services in any way. This includes (but is not limited to) selling, reselling, reproducing, duplicating or copying the Platform and/or the Services and the use of any data mining, gathering or extraction tool. Any of these uses will result in your licence being terminated and you will no longer be authorised to use the Platform or the Services.
DISCLAIMERS
Temple does not guarantee that a video/chat/picture message consultation is the best course of accessing advice or indeed the appropriate course of advice for your particular concern or issue. In the case of an emergency, you agree to contact your your nearest emergency services centre immediately.
USERS OF THE TEMPLE PLATFORM UNDERSTAND THAT TEMPLE IS NOT PROVIDING LIVE THERAPY SERVICES TO USERS. TEMPLE ACTS AS AN AGENCY, HELPING TO CONNECT USERS AND ELIGIBLE CONSULTANTS AS PROVIDING USEFUL CONTENT FOR WELLNESS.
CONSULTANTS ACT AND ADVISE IN THEIR OWN RIGHT AND TEMPLE PROVIDES A PLATFORM FOR PRIVATE CONSULTANTS TO ADVERTISE THEIR SERVICES AND TO ACCEPT BOOKINGS AND PAYMENT.
Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Platform is accurate, complete or up to date. We accept no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon such information.
General Disclaimers: We make no warranty that the Platform or the Services will meet your requirements or that the Services will be uninterrupted, 100% secure or error-free, or that defects, if any, will be corrected. We are not responsible for transmission errors or any corruption or compromise of data carried over local or interchange telecommunication carriers.
We will take all reasonable precautions to protect against failure of our equipment and software and will perform back-ups of all data stored. You acknowledge and accept that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Platform and/or the Services, in which circumstances any booked Appointments shall be deemed a Disrupted Appointment.
We do not guarantee that the Platform will be secure or free from bugs or viruses. You are responsible for configuring your Devices in order to access the Platform. You should use your own virus protection software.
We do not endorse the promotions, products or services of any third parties, nor do we warrant or validate the accuracy of any third party advertisements, promotions, communications or other materials. We do not assume any responsibility or liability for the accuracy of information contained on any third party web sites.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
Whilst the Consultants are independent contractors and not employees of Temple we take reasonable steps to ensure that consultants are insured and qualified.
No liability for inability to use the Platform / reliance on any content. Subject to 'We do not exclude or limit in any way our liability to you where it would be unlawful to do so 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 in connection with:
inability to use the Platform; or
use of or reliance on any content displayed on the Platform.
CIRCUMSTANCES OUTSIDE OUR CONTROL
We shall not be responsible if the supply of the Services is delayed or prevented by circumstances outside our reasonable control. If this happens we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay or failure. Where the delay means that we cannot supply the Services in respect of an appointment that you have already booked We will give you the chance to book another appointment. If there is a risk of substantial delay, you may Contact us (see Section 2) to cancel your Account and/or cancel any Appointments.
TERMINATION OF OUR CONTRACT WITH YOU AND CONSEQUENCES
Our right to terminate. We may end the contract between us, terminating your right to use the Platform or the Services, if:
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services, for example valid contact details;
you seriously (as determined by us) or repeatedly breach any of these Terms or our Fair Usage Policy.
You must compensate us if you break the contract. If we end the contract in the situations set out in the circumstances above we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the Services. We may write to you to let you know that we are going to stop providing the Services. We will try to let you know in advance of our stopping the supply of the Services.
Your right to terminate. You may cancel an Appointment and/or cease using the Platform at any time.
How to cancel an Appointment / terminate Services. You may cancel an Appointment / terminate Services via the Platform or by Contacting Us.
Consequence of termination. On termination of your Account for whatever reason, we have the right to delete all data, files or other information relating to you that we store or control for any reason, subject to UK law concerning the keeping and maintenance of your EMR and relevant data protection laws. Please see our Privacy Policy (https://www.pushnhs.com/legal/privacy-policy) for further information.
INTELLECTUAL PROPERTY
We are the owner or the licensee of all intellectual property rights on the Platform (with the exception of third party protected materials), and in the material published on it. These 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 (non-commercial) use. 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.
If you print off, copy or download any part of our Platform in breach of these Terms or otherwise breach our intellectual property rights, 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.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations 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 the contract you have with us.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
Nobody else has any rights under these Terms. No other person shall have any rights to enforce any of these Terms
If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaching these Term, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to these Terms and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the Platform and/or the Services in the English courts. If you live in Scotland you may alternatively bring legal proceedings in Scotland. If you live in Northern Ireland you may alternatively bring legal proceedings in Northern Ireland.
DEFINITIONS
The following defined terms apply to these Terms.
Appointment means an appointment for a consultation with a Consultant via the Platform, the duration of which will be decided by the third-party business (consultant) ,subject to any further extensions in accordance with the relevant terms.
Device means the computer, laptop, smartphone or tablet computer that you use to connect to the Platform.
Consultant means the participating adviser(s) who give advice and provide you with related administrative services including referrals via the Platform.
Services has the meaning set out in clause 3 and as further described the Platform.
Session means a consultation [the timing of which ] with a Practitioner via the Platform.
‘You’ and ‘the user’ means the individual using the Temple Platform to access any Services
The Client means the organisation or person that is paying for the service.
Third Party services are external services offered via the Temple platform.
Working Day means a day that is not a Saturday, Sunday or public holiday, when the banks in London are open for business.
SCHEDULE 1
Fair Usage Policy
Our Fair Usage Policy is designed to prevent fraud, abuse of Memberships and to ensure that everyone who wishes to use our Services is able to access a UK Consultant as fast and safely as possible.
Unlawful, prohibited or unusual activities (non-exhaustive list)
You are not permitted to (or permit anyone else to):
use the Platform or Services in any unlawful or fraudulent way and/or for any unlawful, fraudulent or inappropriate purpose;
use the Platform or the Services for the purpose of harming or attempting to harm minors in any way;
post or transmit a message (written, verbal or via video) under a false name or use our network resources to impersonate another person or misrepresent authorisation to act on behalf of others (including but not limited to Consultants) or Temple. All messages transmitted via the Platform should correctly identify the sender and you may not attempt to alter the origin of email messages or postings;
allow another person or entity to use your Account, username or password (unless a permitted minor).
market, promote or solicit the Services except as expressly permitted by these Terms;
distribute chain letters or unsolicited bulk electronic mail ("spamming") via the Platform, to Temple or to any third party allegedly on behalf of Temple;
attempt to undermine the security or integrity of computing systems or networks of Temple, the Platform or any sites or platforms accessed through or via the Platform, and you must not attempt to gain unauthorised access;
harvest or collect data about any other individual who uses the Platform;
post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, defamatory, derogatory, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate or otherwise interrupt or expropriate the Platform and/or the Services;
tamper, hack, spoof, copy, modify or otherwise corrupt or attempt to gain unauthorised access to the administration, security or proper function of the Platform and/or the Services, or the server on which the Platform or related materials are stored or any server, computer or database connected to the Platform. You will not use robots or scripts with the Platform;
attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code or information on or received by this Platform. You agree to have anti-virus and/or anti-spyware software running that is set to override the Internet browser's cookie setting;
upload or provide any information to the Platform or any Consultant in breach of any third party's intellectual property rights and/or any obligation of confidentiality or contractual duty owed to any third party; or
reproduce, duplicate, copy or sell any part of the Platform in contravention of the provisions of our Terms.
Breach of this Fair Usage Policy
When we consider that a breach of this Fair Usage Policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Fair Usage Policy constitutes a material breach of our Terms upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions (at our sole discretion):
Deletion of any information provided by you that we deem in our sole discretion to be fraudulent, abusive, defamatory, obscene or in violation of any third party intellectual property right.
Suspension or termination of your contract for the Services / Membership. Where we consider it reasonable and at out complete discretion, we may provide you with a notice of improper behaviour before suspending, terminating or offering alternative Services, as we deem appropriate.
Issue of a warning to you;
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.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.