Legal

Legal Disclaimer

TERMS OF USE:  SUMMARY

This Summary covers important conditions.  It is followed by the full legal terms and conditions for using the website..

IDENTITY

This community site is the property of the Association for Psychodynamic Practice and Counselling in Organisational Settings (Henceforth referred to as APPCIOS).     and a member institution of the British Psychoanalytic Council. Our full address and contact details can be found below and on our privacy statement, here and on our main website APPCIOS.info.

NOT MEDICAL ADVICE

This Community Site is for educational purposes as well as to give you general information and a general understanding of psychodynamic thinking and the therapeutic environment. It is not intended to provide specific advice on any therapeutic or mental health issue. By using this blog site you understand that this Web Site should not be used as a substitute for therapeutic or medical advice from a competent practitioner. By accessing and/or posting on this site you are not entering into a Supervisor/Therapist/client relationship and are not protected by any code of ethics which would apply to such a relationship.

STATEMENTS AND OPINIONS SOLELY THOSE OF THE PERSON POSTING

Unless otherwise stated, the Statements and Opinions on this site are solely those of the persons posting and not of the owners or administrators of the site or of associations or other bodies contributing to the site. The owners and administrators of the site and the administrators of subsidiary public or private “chat-rooms” or “chats” take no responsibility for any statement or opinion made by any contributors to the site whether moderated or not.

CODE OF PRACTICE

Anyone posting on this site is bound by the APPCIOS Code of Practice.  Please read this code before posting.

COPYRIGHT

Unless otherwise stated APPCIOS is the legal copyright holder of the material on this website and it may not be used, reprinted, or published without their permission.   Content contributed to this website by other associations, bodies or individual posters remains their intellectual property unless otherwise stated and it may not be used, reprinted, or published without their permission. If you wish to share this material please contact APPCIOS or the poster for permission.

DATA PROTECTION AND PRIVACY

To access this site you are required to provide certain personal details (data) to APPCIOS.  Your data collected in this way will be kept confidential in accordance with APPCIOS's privacy policy. Be aware that any further information you disclose may become public just as if you had provided it in any public place.  Any information you disclose in a “private room” or other “room” run by a subsidiary association or other body is governed by the privacy policies of that body and APPCIOS accepts no responsibility for any breach of confidentiality thereby.  

LINKS

Included in this site are links to other associations, educational and other bodies. Although we make reasonable efforts to ensure that these bodies are reputable, if you click on these links you will visit websites which are outside APPCIOS's control and may be outside this jurisdiction. APPCIOS makes no warranty as to their safety or their privacy policies.

APPCIOS does not make any financial gain should you use these links.   

COOKIES

If you access this site we will put COOKIES onto your computer.  These small pieces of code will recognise you and enable the site to work more efficiently.  We do not use tracking cookies. You can remove or control cookies on your computer.

Any image or other content found to be under copyright will be removed on application.  In case of any complaint please contact APPCIOS's community site administrator

 

APPCIOS Community Site: Full terms and conditions of use

 

1.    Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.4 Our aim with this site is to build a community, to facilitate communication and advance the knowledge of psychodynamic thinking.  We aim: 

  1. To Provide you with information 
  2. Connect you with people and organizations that may interest you.
  3. Empower you to express yourself and communicate.
  4. Help you discover content, products, and services that may interest you.

 

2.    Credit

2.1    This document was created from a template provided by SEQ Legal who can be found at (https://seqlegal.com). 

3.    Copyright notice

3.1    Copyright (c) 2019  Association for Psychodynamic Practice and Counselling in Organisational Settings (henceforth APPCIOS or we)

3.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4.    Permission to use website

4.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;

(d)    stream audio and video files from our website using the media player on our website; and

(e)    use any services available on our website by means of a web browser,

    subject to the other provisions of these terms and conditions.

4.2    Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3    You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.

4.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website) without permission;

(b)    sell, rent or sub-license material from our website;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

4.6    Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.

4.7    We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

5.    Misuse of website

5.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    hack or otherwise tamper with our website;

(d)    probe, scan or test the vulnerability of our website without our permission;

(e)    circumvent any authentication or security systems or processes on or relating to our website;

(f)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g)    impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h)    decrypt or decipher any communications sent by or to our website without our permission;

(i)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j)    access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k)    violate the directives set out in the robots.txt file for our website;

(l)    use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(m)    do anything that interferes with the normal use of our website.

  1. You must:
    1. Use the same name that you use in everyday life.
    2. Provide accurate information about yourself. 
    3. Create only one account (your own) and use it for personal purposes.
    4. Not share your password, give access to your account to others, or transfer your account to anyone else (without our permission).

 

5.2    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6.    Registration and accounts

6.1    You may register for an account with our website by completing and submitting the account registration form on our website and clicking on the verification link in the email that the website will send to you.

6.2    You must not allow any other person to use your account to access the website.

6.3    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.4    You must not use any other person's account to access the website, unless you have that person's express permission to do so.

7.    User login details

7.1    If you register for an account with our website, you will be asked to choose a user ID and password.

7.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person. 

7.3    You must keep your password confidential.

7.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

8.    Cancellation and suspension of account

8.1    We may:

(a)    suspend your account;

(b)    cancel your account; and/or

(c)    edit your account details,

    at any time in our sole discretion with or without notice to you.

8.2    We will usually cancel an account if it remains unused for a continuous period of 18 months.

8.3    You may cancel your account on our website using your account control panel on the website.

8.4    You can cancel APPCIOS membership by emailing admin@appcios.info requesting cancellation.

9.    Our rights to use your content

We need certain permissions from you to provide our services:

9.1     You own the intellectual property rights in any content that you create and share. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.

9.2     When you share, post, or upload content that is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content.  This means, for example, that if you share a written article or paper or photo, you give us permission to store, copy, and share it with others. This license will end when your content is deleted from our systems.

9.3     When you delete content or ask us to delete, it will no longer be visible to other users, however it may continue to exist elsewhere on our systems where:

  1. immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it);
  2. your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or
  3. where immediate deletion would restrict our ability to:
    1. investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Products or systems);
    2. comply with a legal obligation, such as the preservation of evidence; or
    3. comply with a request of a judicial or administrative authority, law enforcement or a government agency;

in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).

In each of the above cases, this license will continue until the content has been fully deleted.

9.4    In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.5    You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.6    You may edit your content to the extent permitted using the editing functionality made available on our website.

9.7    Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10.    Rules about your content

10.1    You warrant and represent that your content will comply with these terms and conditions.

10.2    Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3    Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libellous or maliciously false;

(b)    be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)    constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)    be in contempt of any court or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legislation;

(i)    be blasphemous;

(j)    be in breach of official secrets legislation;

(k)    be in breach of any contractual obligation owed to any person;

(l)    depict violence in an explicit, graphic or gratuitous manner;

(m)    be pornographic, lewd, suggestive or sexually explicit;

(n)    be untrue, false, inaccurate or misleading;

(o)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)    constitute spam;

(q)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)    cause annoyance, inconvenience or needless anxiety to any person.

 

11.  Purchasers of Services

11.1.    The APPCIOS community site acts as a marketplace that allows users to purchase services including, but not limited to, 

  1. Attendance at webinars
  2. Discussion groups
  3. Supervision 

11.2.  APPCIOS does not provide these services and is not involved in the transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. 

11.3.  While we may provide pricing, listing and other guidance to these Services, such guidance is solely informational and you may decide to follow it or not. While APPCIOS makes reasonable efforts to ensure that such services are effective and reputable it makes no warranty and takes no responsibility for any dispute.  

11.4  While we may help facilitate the resolution of disputes, APPCIOS has no control over, and does not warrant the existence, quality, safety or legality of, services advertised; the truth or accuracy of providers’ listings or the ability of sellers to provide these services as described or at all; the ability of service users to pay for services; or that a buyer or seller will actually complete a transaction.

11.5 If you purchase any services through APPCIOS you authorise APPCIOS to accept payment in accordance with this User Agreement on behalf of the provider

12.  Providers of Services

 

12.1 APPCIOS will provide information about services you provide from time to time as agreed.  

 

12.2 You agree to pay APPCIOS a commission on all fees whether made through APPCIOS or directly with the purchaser. If you wish, APPCIOS will collect fees on your behalf and deduct a commission as agreed in each individual case. 

 

12.3 APPCIOS may refuse to accept payment on your behalf at any time at its entire discretion. 

 

12.4 APPCIOS accepts no obligation to continue to list your services.  APPCIOS may remove your details or other content at any time and at its entire discretion.  

 

12.5 Content that violates any of APPCIOS’s policies may be modified, obfuscated or deleted at APPCIOS’s discretion

12.6 When providing services:

  1. you are responsible for the accuracy, content and legality of services advertised;
  2. you are responsible for all taxes (including but not limited to penalties, fines, charges, or late payment interest) related to your sales on the APPCIOS site. To the extent possible under English law, you shall pay to us as a debt on demand all costs incurred by us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to your failure to pay any such taxes, penalties or interest;
  3. Any agreement to list services does not constitute any obligation for APPCIOS to continue to do so. 

12.7 Data 

  1. You and APPCIOS shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller. In no event will APPCIOS and you process personal data under and/or in connection with this User Agreement as joint controllers or in a controller-to-processor relationship. As such separate and independent controllers, you shall be individually and separately responsible for complying with the obligations that apply to you as a controller under applicable data protection laws.
  2. You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”) and supplementing EU and local data protection laws. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation.
  3. You shall process personal data received from APPCIOS exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies).
  4. Failure to abide by the aforementioned obligations may result in suspension of your details

 

12.8     We try to keep APPCIOS and its Services safe, secure, and functioning properly, but we cannot guarantee and do not warrant the continuous operation of or access to our Services. 

12.9     We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:

  1. your use of or your inability to use our Services;
  2. pricing, postage or other guidance provided by APPCIOS;
  3. delays or disruptions in our Services;
  4. viruses or other malicious software obtained by accessing, or linking to, our Services;
  5. glitches, bugs, errors, or inaccuracies of any kind in our Services;
  6. damage to your hardware device from the use of any APPCIOS Service;
  7. the content, actions, or inactions of third parties, including services listed using our Services or the destruction of allegedly fake items;
  8. a suspension or other action taken with respect to your services
  9. the duration or manner in which your details appear in search results 
  10. your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

 

12.10     Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. 

12.11    You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any services you list on any of our sites.

12.12     APPCIOS cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.

12.13    Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the amount of fees in dispute 

12.14     Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.

12.15    You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of APPCIOS's Services or your breach of any law or the rights of a third party.

 

13. Advertising

 

13.1    By using our site, you agree that we can show you advertisments that we think will be relevant to you and your interests. We may use your personal data to help determine which ads to show you.

 

13.2    We do not sell your personal data to advertisers, and we do not share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission. 

 

14.    Limited warranties

14.1    This Community Site is for educational purposes as well as to provide general information and understanding of psychodynamic thinking and the therapeutic environment. It is not intended to provide specific advice on any therapeutic or mental health issue. By using this site you understand that this site  should not be used as a substitute for therapeutic or medical advice from a competent practitioner. By accessing and/or posting on this site you are not entering into a Supervisor/Therapist/client relationship and are not protected by any code of ethics which would apply to such a relationship.

14.2 We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date;

(c)    that the website will operate without fault; or

(d)    that the website or any service on the website will remain available.

14.3    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

14.4    To the maximum extent permitted by applicable law and subject to Section 15.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

15.    Limitations and exclusions of liability

15.1    Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

15.2    The limitations and exclusions of liability set out in this Section 15 and elsewhere in these terms and conditions: 

(a)    are subject to Section 15.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

15.3    To the extent that our website and the information and services on our website are provided free of charge, and subject to the provisions of S. 15, we will not be liable for any loss or damage of any nature.

15.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

15.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

15.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.

15.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

15.8    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

16.    Breaches of these terms and conditions

16.1    Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: 

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)    block computers using your IP address from accessing our website;

(e)    contact any or all of your internet service providers and request that they block your access to our website;

(f)    commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on our website.

 

16.2    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

17.    Variation

17.1    We may revise these terms and conditions from time to time.

17.2    The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

18.    Assignment

18.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. 

18.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. 

19.    Severability

19.1    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

19.2    If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

20.    Third party rights

20.1    A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

20.2    The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

21.    Entire agreement

21.1    Subject to Section 15.1, this agreement shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

22.    Law and jurisdiction

22.1    These terms and conditions shall be governed by and construed in accordance with English law.

22.2    Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

 

23.    Statutory and regulatory disclosures

23.1  This community site is the property of the Association for Psychodynamic Practice and Counselling in Organisational Settings (Henceforth referred to as APPCIOS).  APPCIOS is charitable company limited by guarantee. Registration number 8071974 and Charity Commission registration number 1167755 and a member institution of the British Psychoanalytic Council. Full address, contact details and privacy statement can be found on our main website: appcios.info

23.2    We are subject to the British Psychoanalytic Council, which is supervised by the Professional Standards Authority.

24.    Our details

24.1    This website is owned and operated by APPCIOS

24.2    We are registered as a company limited by guarantee in England and Wales under registration number 8071974, and our registered office is at 60 lordship Park, London N16 5UA.

24.3    Our principal place of business is at 60 lordship Park, London N16 5UA..

24.4    You can contact us:

(a)    by post, to the postal address given above;

(b)    by telephone, on 07986 769378; 

(c)    by email, using admin@appcios.info.