Terms & Conditions

Do-BeMindful Terms and Conditions of Use

**Please also see our Privacy & Cookies Policy here which forms part of these terms and conditions.

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 If you register with our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 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.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. Copyright notice

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

(a) we, 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;

(c) no part of this resource may be reproduced, stored in retrieval system or transmitted in any form or by an means, electronic, mechanical, photocopying, recording, scanning, or otherwise, without the prior written permission of Do-Be Ltd.

3. Licence to use website

3.1 For the Do-BeMindful Foundation, Essentials and Resilience-based Recovery you may:

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

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

(d) stream audio and video files from our website;

(e) download audio meditation files for personal use only where expressly permitted on the website; and

(f) use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

For the Do-BeMindful Adventurers and Explorers Programmes you may:

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

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

(i) print pages from our website;

(j) stream audio and video files from our website;

(k) download lesson files (including audio files) to a device for educational purposes only within the authorised school; and

(l) use our website 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 3.1 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.

3.3 You may only use our website for your own personal and organisation’s purposes, and you must not use our website 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 our website.

3.5 For the Do-BeMindful Foundation, Essentials and Resilience-based Recovery Programmes you are not permitted to:

(a) reproduce, store in a retrieval system or transmit in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise;

(b) republish any material from our website including republication on another website;

(d) show any material from our website in public;

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

(f) redistribute material from our website.

For the Do-BeMindful Adventurers and Explorers Programmes you are not permitted to:

(j) reproduce, store in a retrieval system or transmit in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise;

(h) republish any material from our website including republication on another website;

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

(j) show any material from our website in public other than for educational purposes within the organisation expressly permitted by this subscription;

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

(l) redistribute material from our website.

3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable use

4.1 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 or accessibility 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) 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;

(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 our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means;

(f) data collected from our website 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 our website to contact individuals, companies, organisations, or other persons or entities.

4.3 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.

5. Use on behalf of organisation

5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisation, then by so doing you bind both:

(a) yourself; and

(b) the person, company or other legal entity that operates that business or organisation, to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company, organisation or legal entity.

6. Registration and accounts

6.1 To be eligible for an account on our website under this Section 6, you must be resident or situated in the United Kingdom.

6.2 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.

6.3 You must not allow any other person or organisation to use your account to access the website.

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

6.5 You must not use any other person’s or organisation’s account to access the website.

7. User login details

7.1 If you register for an account with our website, we will provide you with a voucher code which you will redeem when you register.

7.2 You must not use your account for or in connection with the impersonation of any person or organisation.

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 at our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

8.2 You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.

9. Subscriptions

9.1 To become a subscriber to our website services, you must pay the applicable subscription fees during the account registration procedure. We will send you an acknowledgement of your order. If your order is accepted, we will send you an order confirmation, at which point the contract between us for the supply of the website services shall come into force.

9.2 For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on our website in relation to your subscription type.

9.3 At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically renewed and you must pay to us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on our website 1 month before the date of renewal.

10. Fees

10.1 The fees in respect of our website services will be as set out on the website from time to time.

10.2 All amounts stated in these terms and conditions or on our website are stated are exclusive of VAT.

10.3 You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

10.4 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

10.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

10.6 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

11. Limited warranties

11.1 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; or

11.2 We reserve the right to discontinue or alter any or all of our website services at any time at 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.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

12. Limitations and exclusions of liability

12.1 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;

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

12.2 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.

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

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

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

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

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 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).

13. Indemnity

13.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

14. Breaches of these terms and conditions

14.1 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;

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

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

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

14.2 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).

15 Third party websites

15a. SurveyMonkey Privacy Policy

15a.1 On certain pages of our Site we may implement surveys which are generated on our behalf and provided by the third party SurveyMonkey website. This is done to measure the general effectiveness of the course content. When you visit a page that displays any of these surveys, your browser will establish a direct connection to the relevant SurveyMonkey media server and load content from there. At the same time the provider of the service may know that the relevant page on the Site has been visited.

15a.2 We do not collect any personally identifiable information through SurveyMonkey other than the IP address of the computer that you used to accessed the survey. We do ask for your organisation or school name and class number if applicable.

15a.3 In addition, SurveyMonkey may set cookies as well, unless you have disabled the acceptance and storage of cookies in your browser settings.

15a.4 It is possible to avoid using SurveyMonkey by simply skipping any survey you encounter on the Site. To do this, do not click any survey link and do not answer any questions. Click ‘Mark as Complete’ to progress without entering any information.

15a.5 Please read the SurveyMonkey Privacy Policy for more in depth information.

15b. Other Third party websites

15b.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

15b.2 We have no control over third party websites and their contents, and subject to Section 12.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

16. Trade marks

16.1 The ‘Do-Be’, ‘Do-BeMindful’ logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

16.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

17. Variation

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

17.2 If you have given your express agreement to these terms and conditions, we 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 we may specify, we will disable or delete your account on the website, and you must stop using the website.

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. Law and jurisdiction

21.1 These terms and conditions shall be governed by and construed in accordance with the laws of Scotland.

21.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Scotland.

Changes to this policy

We may update or modify this policy. We will post the modified policy on this Site. By continuing to use the Site, you agree to be bound by the modified policy.

Last modified: 13.02.2019