Terms & Conditions

Version number: 1.0

Effective date: 11/06/2024

 

1. Who we are
   • We are Stress Control Ltd. Our company information is at the end of this document.

 

2. What this is all about
   • These are our terms and conditions which apply to our Service (explained below). Please read the entire document carefully and contact us if anything is unclear. We’ve tried to make it user-friendly but please note that the summaries/explanations for each section in capitals aren’t a substitute for the rest of the text. Please save a copy for future reference. These terms are only available in English and they replace any previous versions.

 

3. Some definitions

THIS SECTION TELLS YOU WHAT CERTAIN WORDS MEAN WHEREVER THEY ARE USED WITH A CAPITAL LETTER IN THIS DOCUMENT

 

• “Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
• “Content” - all information of whatever kind (including articles, documents, blogs, images, photos, audio, video, advertisements) displayed, stored or sent on or in connection with our Service.
• “Service” – our website, our Web App and any related services.
• “Web App” - the “Stress Control” web application and any related services supplied by us.
• “User” - people or organisations using our Service (whether or not registered with us).

 

4. IMPORTANT WARNING

HERE IS SOME CRUCIAL INFORMATION THAT WE WANT TO TELL YOU ABOUT RIGHT AT THE START

 

• Stress Control is an evidence-based Cognitive Behavioural Therapy (CBT) approach designed to help address common mental health issues, including anxiety, depression, panic, poor sleep, and poor well-being. However, while we believe that our Service can be beneficial in many ways, it is not tailored to your situation.

 

• Our Service is not intended to diagnose, prevent, or treat any medical condition, to ascertain the state of your health, or to be used as a substitute for medical advice and we make no promise that the Service provides therapeutic benefit or that any particular “wellness” objective will be achieved. You agree that you will not rely on any advice or statements by us relating to your health and that you will immediately consult a qualified health professional (e.g., your GP or healthcare provider) or local mental health services if you have any concerns about your physical or mental health. In the case of suicidal thoughts, or an urgent need for support, please contact your healthcare provider or the appropriate authorities, such as the Samaritans at 116 123 (UK and Ireland).

 

5. How you enter a legal contract with us

THIS SECTION TELLS YOU HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US

 

• By registering on our Service, you enter a legal contract with us to use our Service.

 

• By accessing any part of our Service that does not require registration/payment, you are also bound by these terms to the extent they are relevant.

 

• If you are booking for someone else, you agree to ensure that they comply with these terms and you are responsible to us if they don’t.

 

6. No consumer legal right to cancel (“cooling off”)

IN SHORT: THE CONSUMER THE RIGHT TO GET OUT OF THE CONTRACT WITHIN THE FIRST 14 DAYS DOES NOT APPLY

 

• Our Service involves the supply of digital content (e.g., streaming videos/ downloadable PDFs) which begins before the end of cancellation period with your specific agreement, and so you lose any right to cancel as a result.

 

7. Changing these terms and conditions

IN SHORT: WE CAN CHANGE THESE TERMS BUT YOU MAY HAVE CERTAIN OPTIONS IF YOU DISAGREE

 

• We may change these terms and conditions at any time. We will give you reasonable notice before they take effect by posting them on our website and/or communicating them to you by email or otherwise.

 

• If you don’t agree to the new terms and the changes are important and not intended to reflect changes to law/regulation, you can email us (to the address below) to end this contract on the day before the new terms take effect.

 

8. Your right to use our Service

THIS SECTION SETS OUT CERTAIN LIMITS ON YOUR RIGHT TO USE OUR SERVICE

 

• We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.

 

• NB Our Service is intended for personal non-commercial use and should only be accessed by individuals seeking to tackle stress and enhance well-being. If you are a professional, you must not use our Service without our prior written agreement.

 

• You agree to comply with any applicable third party terms when using our Service.

 

• You must not use, or attempt to register on, our Service if you are below 18 years of age.

 

9. Standard of Service

THIS SECTION SETS OUT THE LEGAL STANDARD OF SERVICE THAT WE PROMISE YOU

 

• Subject to the rest of these terms, we agree to provide our Service with reasonable skill and care.

 

10. Behaviour when using our Service

THIS SECTION SETS OUT THE BEHAVIOUR AND OTHER REQUIREMENTS TO USE OUR SERVICE

 

• You agree not to do any of the following in connection with our Service:
  • break the law or infringe anyone else’s rights;
  • send, store, display or link to unlawful, infringing or otherwise inappropriate Content;
  • send, store, display or link to any Content that includes someone else’s personal information unless that person is 18 years or over and you have obtained their written consent;
  • use our Service to help you compete with us or to infringe our rights;
  • use our Service for any commercial purpose;
  • disrupt our Service, e.g., spam, viruses or phishing;
  • interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise;
  • intercept or modify communications;
  • impose an unreasonable load on our Service;
  • get around any security features including those designed to stop copying of Content; or
  • attempt, encourage or assist any of the above.

 

11. Your Content

THIS SECTION CONTAINS CERTAIN PROMISES BY YOU REGARDING YOUR CONTENT AND GIVES US SOME RIGHTS INCLUDING TO REMOVE/DELETE/DISCLOSE THE CONTENT IN CERTAIN CIRCUMSTANCES

 

• You are responsible for your Content.

 

• You agree that you have (and will keep) all rights needed to enable us to use your Content as contemplated by the Service and these terms and conditions.

 

• Provided we comply with data protection law, we are entitled (without telling you or giving you a refund) to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities or companies who provide relevant services to us.

 

• It is your responsibility to make your own frequent backups of Content if you want protection if it is lost or damaged. We are not responsible for loss or damage that could have been avoided if you had made a backup (but this doesn’t affect our duties under data protection laws).

 

12. Other peoples’ services / advertising / websites

IN SHORT: WE AREN’T RESPONSIBLE FOR ADVERTISING ETC BY OTHER PEOPLE ON OUR SERVICE

 

• We may display other peoples’ services, advertising and/or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.

 

13. If you create an account on our Service

IN SHORT: YOU ARE RESPONSIBLE FOR YOUR ACCOUNT AND MUST KEEP IT CONFIDENTIAL

 

• Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You agree not to allow anyone else to use your account.

 

• You agree to take reasonable care to keep your login information confidential and to tell us immediately of any apparent breach of security such as loss or misuse of a password.  You are responsible for unauthorised people who use your account or identity (unless and to the extent that we are at fault).

 

14. Paying us

THIS SECTION COVERS YOUR PAYMENT OBLIGATIONS

 

• Payment is in advance on subscription. Prices, subscription periods and payment methods are as explained on our Service. The prices shown include any applicable VAT or other sales tax unless we say otherwise.

 

• You are legally committed to start paying us once we confirm your order.

 

• If we have mispriced any part of our Service, we are not obliged to supply the Service at that price provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price.

 

• If we say so when you sign up, your subscription will continue to be auto-renewed for the subscription period you signed up to unless you end your subscription with effect from the next renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund (unless Consumer cooling off rights apply).

 

• You authorise us and our payment provider to place a hold on, or charge, your payment card for the relevant amounts or otherwise take payment whenever payments are due in accordance with this agreement. It is your responsibility to update your payment card details as necessary.

 

• We may at any time change our subscription prices. If you are on auto-renewal, we will give you notice by email at least one month before any price change takes effect. If you do not agree with the new price, you should end your subscription. Otherwise, the next renewal of your subscription after our notice will be at the new price.

 

• You must contact us immediately with full details if you dispute any payment.

 

• You agree that you are legally bound by the terms and conditions of any payment providers whose services you use on our Service. We aren’t responsible for what they do or don’t do.

 

15. Discount codes

THIS SECTION TELLS YOU HOW YOU ARE ALLOWED TO USE DISCOUNT CODES ON OUR SERVICE

 

• You can only use codes to make purchases through the account for which the discount code was offered and registered. You must not sell or transfer codes to anyone else.

 

• Unless we say otherwise: codes expire after 30 days, they can only be used once for future new orders placed online and you can only use one discount code per transaction.

 

• We may suspend or cancel codes and/or cancel any relevant purchase and/or close any relevant account if we think that the codes have been used fraudulently, illegally or in breach of our terms and conditions or if a relevant payment is charged back or otherwise cancelled or reversed or if.

 

• Codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

 

16. Support

THIS SECTION SETS OUT THE AMBIT OF OUR SUPPORT SERVICE, IF APPLICABLE

 

• The Service includes support only if we opt to provide support and, if so, by the specified contact methods. Any support service is only intended to address configuration and proper use of, or any errors or interruptions arising from, our Service.

 

• Unless we say otherwise, any support that we do opt to provide is only available by email between 9am and 5pm on business days in England and we do not guarantee any particular response times or outcomes. Any response times given are calculated in English business hours/days unless we say otherwise. We are allowed to change or withdraw our support service at any time.

 

• In any event, we aren’t obliged to supply support if you owe us any money or have otherwise broken this contract.

 

17. Ending or suspending this contract

THIS SECTION TELLS YOU WHEN THIS CONTRACT CAN END OR BE SUSPENDED AND, IF SO, WHAT HAPPENS

 

• This contract ends when your subscription finishes. You are entitled to end this contract sooner by emailing us to the address shown below. (This doesn’t entitle you to a refund unless you have Consumer “cooling off” rights, explained above.)

 

• We are entitled to end this contract at any time or suspend part or all of our Service or impose restrictions on our Service if:
  • you break this contract;
  • you become bankrupt or go into liquidation or similar or become insolvent;
  • any fees payable by you are unpaid or charged back;
  • acting reasonably, we think that it is necessary to protect you, us or others;
  • we are required to do so by applicable law or regulation or to comply with an order, instruction or request from a competent authority; or
  • you or anyone on your behalf acts inappropriately towards us or our staff or

 

• We are entitled at any time to end this contract if we terminate our Service as a whole if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.

 

• If this contract ends:
  • Your right to use our Service and all licences are terminated.
  • We are allowed to delete your Content without telling you.
  • Existing rights and liabilities are unaffected.
  • All terms in this contract that are stated or intended to continue after termination will continue to apply.

 

18. If our Service doesn’t work properly

IN SHORT: WE DON’T PROMISE THAT OUR SERVICE WILL BE ERROR-FREE

 

• We do not guarantee that the Service will be uninterrupted or error-free.

 

• We are entitled without notice and without liability to suspend the Service for repair, maintenance, improvement or other technical reason. For any planned maintenance we will try to provide reasonable notice.

 

19. Restrictions on our legal responsibility – very important

THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT

 

• Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our officers, employees and subcontractors, who have the right to enforce this agreement.

 

• If you are a Consumer, subject to the above we shall not be liable for any loss or damage where:
  • there is no breach of a legal duty owed to you by us;
  • such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
  • (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
  • such loss or damage relates to a business of yours.

 

• If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.

 

• The following clauses apply only if you are not a Consumer:
  • To the fullest extent allowed by law, you and we exclude all terms, conditions, warranties and representations howsoever arising, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
  • Subject to the first paragraph in this section (“Nothing in this agreement…”), we shall under no circumstances whatever be liable under or in connection with this agreement, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any:
• loss of profit; loss of data; loss of use; loss of production; loss of contract; loss of opportunity; loss of savings; or harm to reputation or loss of goodwill; or
• indirect, consequential or special losses.
  • Subject to the first paragraph in this section (“Nothing in this agreement…”), our total liability in respect of all other losses arising under or in connection with this agreement whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any act or omission or series of connected acts or omissions shall in no circumstances exceed the total fees paid or payable by you to us in connection with our Service in the 12 months before the first act or omission complained of.
  • You agree to indemnify us against all claims and liabilities arising out of or in connection with your use of the Service and/or breach of this agreement (except insofar as we are at fault).
  • This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements.

 

20. Intellectual property rights (IP)

THIS SECTION CONFIRMS THAT WE REMAIN OF COPYRIGHT AND OTHER IP RIGHTS IN OUR CONTENT AND SETS OUT HOW WE ALLOW YOU TO USE THE CONTENT

 

• We and/or our partners own the IP in all Content used on or in connection with our Service. Let’s call this “our Content”.

 

• You may view our Content on your device for your private personal, non-commercial use only. You must not otherwise use any part of our Content including by copying, recording, publishing (on the Internet or otherwise), selling or altering it, taking extracts from it or passing any of it on to other people, unless we give you clear written permission. You must not misrepresent the ownership or source of our Content, for example by changing or removing any legal notices or author attributions.

 

• Just to be clear - you must not collect, scrape, harvest, frame or deep-link to our Content without our specific prior written consent.

 

21. Your personal information

IN SHORT: OUR PRIVACY POLICY APPLIES

 

• You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time.

22. Things we can’t control

IN SHORT: WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”

 

• We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

 

23. Transferring this contract to someone else

IN SHORT: WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE

 

• We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

 

24. English law and courts

IN SHORT: ENGLISH LAW APPLIES AND ONLY UK COURTS CAN ADJUDICATE ON DISPUTES

 

• This contract is under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.

 

25. General

HERE ARE SOME GENERAL BUT IMPORTANT POINTS THAT APPLY

 

• We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement makes any party an agent, employee or representative of the other.

 

26. Complaints
    • If you have any complaints, please contact us via the contact details shown below.

 

27. Information about us
    • Company name: Stress Control Ltd
    • Trading name: “Stress Control” / “Stress Control At Home”
    • Country of incorporation: Scotland
    • Registered number: SC450350
    • Registered address: Benham Conway & Co, Chartered Accountants, 16 Royal Crescent, Glasgow, G3 7SL
    • Contact email address: info@stresscontrolathome.com
    • Other contact information: See our website/contact page
    • VAT number: GB176314407