Terms and Conditions
1.1 These terms and conditions shall govern your use of my Site.
1.2 By using my Site, 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 my Site.
1.3 If you register with my Site, submit any material to my Site or use any of my Site services, I will ask you to expressly agree to these terms and conditions.
2. Copyright notice
2.1 Copyright © Jane Hamilton Counselling and Psychotherapy.
2.2 Subject to the express provisions of these terms and conditions:
(a) I, together with my licensors, own and control all the copyright and other intellectual property rights in my Site and the material on my Site; and
(b) all the copyright and other intellectual property rights in my Site and the material on my Site are reserved.
3. Licence to use Site
3.1 You may:
(a) view pages from my Site in a web browser;
(b) download pages from my Site for caching in a web browser;
(c) print pages from my Site;
(d) stream audio and video files from my Site; and
(e) use my Site services by means of a web browser, subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from my Site or save any such material to your computer.
3.3 You may only use my Site for your own personal purposes, and you must not use my Site for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on my Site.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from my Site (including republication on another Site);
(b) sell, rent or sub-license material from my Site;
(c) show any material from my Site in public;
(d) exploit material from my Site for a commercial purpose; or
(e) redistribute material from my Site.
3.6 Notwithstanding Section 4.5, you may redistribute my newsletter in print and electronic form to any person.
3.7 I reserve the right to restrict access to areas of my Site, or indeed my whole Site, at my discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on my Site.
4. Acceptable use
4.1 You must not:
(a) use my site in any way or take any action that causes, or may cause, damage to the Site or impairment of the performance, availability or accessibility of the Site;
(b) use my Site in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use my Site 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;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to my Site without my express written consent;
(e) access or otherwise interact with my Site using any robot, spider or other automated means, except for the purpose of search engine indexing;
(f) violate the directives set out in the robots.txt file for my Site; or
(g) use data collected from my Site for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from my Site to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through my Site, or in relation to my Site, is true, accurate, current, complete and non-misleading.
5.0. Your content: rules
5.1 You warrant and represent that your content will comply with these terms and conditions.
5.2 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).
5.3 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 oId 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.
6. Limited warranties
6.1 I do not warrant or represent:
(a) the completeness or accuracy of the information published on my Site;
(b) that the material on the Site is up to date; or
(c) that the Site or any service on the Site will remain available.
6.2 I reserve the right to discontinue or alter any or all of my Site services, and to stop publishing my Site, at any time in my 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 Site services, or if I stop publishing the Site.
6.3 To the maximum extent permitted by applicable law and subject to Section 12.1, I exclude all representations and warranties relating to the subject matter of these terms and conditions, my Site and the use of my Site.
7. Limitations and exclusions of liability
7.1 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.
7.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; 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.
7.3 To the extent that my Site and the information and services on my Site are provided free of charge, I will not be liable for any loss or damage of any nature.
7.4 I will not be liable to you in respect of any losses arising out of any event or events beyond my reasonable control.
7.5 I 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.
7.6 I will not be liable to you in respect of any loss or corruption of any data, database or software.
7.7 I will not be liable to you in respect of any special, indirect or consequential loss or damage.
7.8 You accept that I have an interest in limiting my personal liability; you agree that you will not bring any claim personally against me in respect of any losses you suffer in connection with the Site or these terms and conditions.
8. Breaches of these terms and conditions
8.1 Without prejudice to my other rights under these terms and conditions, if you breach these terms and conditions in any way, or if I reasonably suspect that you have breached these terms and conditions in any way, I may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to my Site;
(c) permanently prohibit you from accessing my Site;
(d) block computers using your IP address from accessing my Site;
(e) contact any or all of your internet service providers and request that they block your access to my Site;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on my Site. 8.2 Where I suspend or prohibit or block your access to my Site or a part of my Site, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation changing your IP address).
9.1 I may revise these terms and conditions from time to time.
9.2 The revised terms and conditions shall apply to the use of my Site from the date of publication of the revised terms and conditions on the Site, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
9.3 If you have given your express agreement to these terms and conditions, I will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as I may specify, I will disable or delete your account on the Site, and you must stop using the Site.
10.1 You hereby agree that I may assign, transfer, sub-contract or otherwise deal with my rights and/or obligations under these terms and conditions.
10.2 You may not without my prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
11.1 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.
11.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it was deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
12. Third party rights
12.1 A contract under these terms and conditions is for my benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
12.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
13. Entire agreement
13.1 These terms and conditions, together with my privacy, client contract and cookies policy, shall constitute the entire agreement between you and me in relation to your use of my Site and shall supersede all previous agreements between you and me in relation to your use of my Site.
14. Law and jurisdiction
14.1 These terms and conditions shall be governed by and construed in accordance with English law.
14.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
15. My details
15.1 This Site is owned and operated by Jane Hamilton Counselling and Psychotherapy.
15.2 My principal place of business can be found on my contact page.
15.3 You can contact me:
(a) by post, to the address provided on my contact page.
(b) using my Site contact form;
(c) by telephone, on the contact number published on my Site from time to time; or
(d) by email, using the email address published on my Site from time to time.