Terms and Conditions

LAST UPDATED: 30th September 2022

1. Who we are and what this agreement does

  • 1.1.
    We are Everymind Solutions Ltd (Company No: 12010868) and we own and operate this website and the associated mobile application Everymind and the Advocate Program together known as (the Service).
  • 1.2.
    Your use of the Service is subject to these Terms of Use. By using the Service, you will be deemed to have accepted and agreed to be bound by these Terms of Use. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Service. You can determine when we last changed these Terms of Use by referring to the ‘LAST UPDATED’ statement above. Your use of the Service following changes to these Terms of Use will constitute your acceptance of those changes.

2. Your privacy

  • 2.1.
    We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy.
  • 2.2.
    Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

3. Your use of the Service

  • 3.1.
    You are responsible for all access to the Service using your Internet connection, even if the access is by another person.
  • 3.2.
    We reserve the right to restrict your access to the Service or part of it. Access to restricted areas of the Service may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use).
  • 3.3.
    We will use reasonable efforts to ensure that the Service is available at all times. However, we cannot guarantee that the Service or any individual function or feature of the Service will always be available and/or error free. In particular, the Service may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Service.
  • 3.4.
    Your permission to use the Service is personal to you and non-transferable, and you may not use the Service for commercial purposes. Your use of the Service is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:
  • 3.4.1.
    use the Service for any fraudulent or unlawful purpose;
  • 3.4.2.
    use the Service to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
  • 3.4.3.
    impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Service; or express or imply that we endorse any statement you make;
  • 3.4.4.
    Your permission to use the Service is personal to you and non-transferable, and you may not use the Service for commercial purposes. Your use of the Service is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:
  • 3.4.5.
    transmit or otherwise make available in connection with the Service any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
  • 3.4.6.
    reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Service;
  • 3.4.7.
    modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Service. If you wish to reverse engineer any part of the Service to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
  • 3.4.8.
    remove any copyright, trade mark or other proprietary rights notice from the Service or materials originating from the Service;
  • 3.4.9.
    frame or mirror any part of the Service without our express prior written consent;
  • 3.4.10.
    create a database by systematically downloading and storing Service content;
  • 3.4.11.
    share with any other person or allow any other person your login details for the Service. You must tell us immediately if you think someone else might know your security details;
  • 3.4.12.
    fail to delete the App from any device if you change your device or if you dispose of it;
  • 3.4.13.
    use any manual or automatic device in any way to gather Service content or reproduce or circumvent the navigational structure or presentation of the Service without our express prior written consent.
  • Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
  • We reserve the right to revoke these exceptions either generally or in specific instances.
  • 3.5.
    The Service may provide links to other websites and online resources. We are not responsible for and do not endorse such external Services or resources. Your use of third party websites and resources is at your own risk.
  • 3.6.
    We may block any links to or from the Service.
  • 3.7.
    Your registered email address, your selected password and company ID are your credentials for accessing the Service.

4. Intellectual Property Rights

  • 4.1.
    The intellectual property rights in the Service and all of the text, pictures, videos and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.

5. Limitation of Liability

  • 5.1.
    We provide the Service on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Service. To the maximum extent permitted by law, we expressly exclude:
  • 5.1.1.
    all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and
  • 5.1.2.
    any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Service.
  • The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit (Service owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

6. We may end your rights to use the App and the Services if you break these terms

  • 6.1.
    These Terms of Use are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Service. If we terminate your access to the Service you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Service
  • 6.2.
    If we end your rights to use the App and Services:
  • 6.1.1.
    You must stop all activities authorised by these terms, including your use of the App and any Services.
  • 6.1.2.
    You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
  • 6.1.3.
    We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

7. Jurisdiction

  • 7.1.
    These Terms of Use will be governed by and construed in accordance with the laws of England, and the courts of England will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Use.