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Website Terms of use

Background:

 

These Terms of Use, set out the terms under which you may use this website (“Site”).  Please read these Terms of Use carefully and ensure that you understand them. You agree to comply with and be bound by these Terms of Use upon your first use of the Site. If you do not agree to comply with and be bound by these Terms of Use, you must stop using the Site straight away.

 

These Terms of Use do not apply to the provision of therapy/ counselling services. Terms and conditions relating to therapy/ counselling services are separate. Please contact Gillian Kearney, psychotherapist and counsellor, for further information by using the online contact form on this Site, or by emailing kearneygillian@yahoo.co.uk or by calling 07871617740.

1.         Definitions and interpretation

1.1       In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

 

 “Content”  means any and all text, images, audio, video, scripts, code, software, databases and any other form of information   capable of being stored on a computer that appears on, or forms part of, this Site;

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 “user” means a user of this Site;

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 “us/ we/ our” means I – Thou Psychotherapy and Counselling.

2.         Information about us

2.1    This Site is owned and operated by I – Thou Psychotherapy and Counselling which is a trading arm of Allerston Limited. Allerston Limited is a company registered in England under company number 09816424, whose registered office is 116 Duke Street, Liverpool, Merseyside, England, L1 5JW.

2.2    I – Thou Psychotherapy and Counselling provides personal therapy and counselling services to individuals. Therapy and counselling services are delivered by Gillian Kearney, counsellor and member of the UK Council for Psychotherapy (UKCP) and the International Transactional Analysis Association (ITAA).

3.          Access to the site

3.1       Access to this Site is free of charge.

3.2       It is your responsibility to make any and all arrangements necessary in order to access the Site.

3.3       Access to the Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue the Site (or any part of it) at any time and without notice. We will not be liable to you in any way if the Site (or any part of it) is unavailable at any time and for any period.

4.          Intellectual property rights

4.1     All Content included on the Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

4.2     Subject to section 4.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from the Site unless given express written permission to do so by us.

4.3        You may:

(a)      Access, view and use the Site in a web browser (including any web browsing capability built into other types of software or app);

(b)      Download the Site (or any part of it) for caching;

(c)      Print one copy of any page(s) from the Site;

(d)      Download extracts from pages on the Site; and

(e)      Save pages from the Site for later and/or offline viewing.

4.4       Our status as the owner and author of the Content on the Site (or that of identified licensors, as appropriate) must always be acknowledged.

4.5       You may not re-use any Content printed, saved or downloaded from the Site for commercial purposes. This does not prohibit the normal access, viewing and use of the Site whether by business users or consumers.

5            Linking

5.1        You may link to the Site provided that:

(a)      you do so in a fair and legal manner;

(b)      you do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists;

(c)      you do not use any logos or trade marks displayed on the Site without our express written permission; and

(d)      you do not do so in a way that is calculated to damage the reputation of either Gillian Kearney or I -Thou Psychotherapy and Counselling or to take unfair advantage of it.

5.2         You may not link to any page other than the homepage of the Site.

5.3         Framing or embedding of the Site on other websites is not permitted.

5.4         You may not link to the Site from any other Site the main Content of which contains material that:

(a)      is sexually explicit;

(b)      is obscene, deliberately offensive, hateful or otherwise inflammatory;

(c)      promotes violence;

(d)      promotes or assists in any form of unlawful activity;

(e)   discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;

(f)       is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

(g)      is calculated or is otherwise likely to deceive another person;

(h)      is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

(i)       misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this section 5.4);

(j)       implies any form of affiliation with Gillian Kearney or I-Thou Psychotherapy & Counselling where none exists;

(k)     infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

(l)      is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

6             Links to third party sites

6.1        Links to other websites may be included on this Site from time to time. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the Content of third party websites. The inclusion of a link to another website on this Site is for information only and does not imply any endorsement of the websites themselves or of those in control of them.

7             Liability and disclaimers

7.1        Nothing on the Site constitutes advice on which you should rely. It is provided for information purposes only.

7.2        Insofar as is permitted by law, we make no representation, warranty, or guarantee that the Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

7.3     We make reasonable efforts to ensure that the Content on the Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning the therapy and counselling services which are described on the Site. Please contact us for further information about psychotherapy and counselling services on offer (see contact details below).

7.4       To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) this Site or the use of or reliance upon any Content included on this Site.

7.5       If you are a business user, we hereby exclude all implied conditions, warranties, representations or other terms that may apply to this Site or the Content. We will not be liable for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

7.6        If you are a consumer user, if as a result of a failure by I-Thou Psychotherapy and Counselling to exercise reasonable care and skill, any digital Content from the Site damages your device or other digital Content belonging to you, you may be entitled to certain legal remedies. For more details on consumer rights, please contact your local Citizens Advice Bureau or Trading Standards Office.

7.7         We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

7.8      Nothing in these Terms of Use excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

7.9       The limitations of liability included in this section 7 apply only to the use of the Site and not to the provision of therapy or counselling services.

8              Viruses, malware and security

8.1           We exercise all reasonable skill and care to ensure that the Site is secure and free from viruses and other malware.

8.2       You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

8.3        You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via the Site.

8.4          You must not attempt to gain unauthorised access to any part of the Site, the server on which the Site is stored, or any other server, computer, or database connected to the Site.

8.5        You must not attack the Site by a denial of service attack, a distributed denial of service attack, or by any other means.

8.6        By breaching the provisions of sections 8.3 to 8.5, you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use the Site will cease immediately in the event of such a breach.

9              Privacy and cookies

9.1        Use of the Site is also governed by the Site’s Cookie policy and Privacy policy. These policies are incorporated into these Terms of Use by this reference.

10           Changes to these terms of use

10.1      We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of the Site after the changes have been implemented. You are therefore advised to check this page from time to time.

10.2      In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

11            Contacting us

11.1     To contact Gillian Kearney (Counsellor) and/ or I – Thou Psychotherapy and Counselling you may use the online contact form on this Site, or email kearneygillian@yahoo.co.uk or call 07871617740.   

12            Communications from us

12.1      If we have your contact details we may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, and the website Privacy and Cookie Policies.

12.2      It is not our custom and practice to send clients marketing emails of any kind.

13            Data protection

13.1      This Site will obtain certain personal data from you when you visit it. Your personal data will only be used as set out in the Site’s Privacy and Cookie Policies. Please note that personal data obtained from you in contemplation of or during psychotherapy or counselling sessions will be dealt with in accordance with the I – Thou Psychotherapy and Counselling Client Privacy Policy, which shall be provided to you when you contact us to enquire about therapy or counselling.

14            Law and jurisdiction

14.1       These Terms of Use, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

14.2     If you are a business, any disputes concerning these Terms of Use, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14.3     If you are a consumer, any disputes concerning these Terms of Use, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

 

© Allerston Limited t/as I -Thou Psychotherapy and Counselling

Policy date: July 2024

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