Terms and Conditions of Use

Last updated February 2016

 

Please read this Terms of and Conditions of Use carefully before you engage with our Website or via our Platform, myTOM. We recommend that you print a copy of this for future reference.

By visiting our Website or our Platform, you confirm that you accept this Website and Platform Terms of and Conditions of Use, our Privacy and Cookie Policy, our User Generated Content Policy, and that you agree to comply with them. If you do not agree to these terms and policies, you must not use our Website or Platform.

 

1.     Introduction

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

1.2   By using our website or platform, 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 or platform.

1.3   If you register with our platform as a Practitioner/Business, submit any material to our website or platform or use any of our website or platform services, we will ask you to expressly agree to a Practitioner Contract, which means collectively, this Website and Platform Terms and Conditions of Use, our Practitioner Terms of Business, our Privacy and Cookie Policy, and our User Generated Content Policy;

1.4   If you register with our platform as an Individual, submit any material to our website or platform or use any of our website or platform services, we will ask you to expressly agree to a Customer Contract, which means collectively, this Website and Platform Terms and Conditions of Use, our Customer Account and Booking Agreement, our Privacy and Cookie Policy, and our User Generated Content Policy;

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

1.6   Our website and Platform use cookies; by using our website or platform 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

2.1    Copyright (c) 2018 The Oneness Movement Ltd.

2.2    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 platform and the material on our website and platform; and

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

 

3.     Licence to use website

3.1    You may:

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

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

(c)    print pages from our website or platform;

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

(e)    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 platform or save any such material to your computer.

3.3    You may only use our website or platform for your own personal and business purposes, and you must not use our website or platform for any other purposes.

3.4    Except as expressly permitted by these terms and conditions, the Practitioner Terms of Business, the Customer Account and Booking Agreement, or the User Generated Content Policy, you must not edit or otherwise modify any material on our website.

3.5    Unless you own or control the relevant rights in the material, have expression permission from the owner or controller of the relevant rights in the material, or provide credit to the owner of the relevant rights in the material, you must not:

(a)    republish material from our website or platform (including republication on another website);

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

(c)    show any material from our website or platform in public;

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

(e)    redistribute material from our website or platform.

3.6    Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

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

 

4.     Acceptable use

4.1    You must not:

(a)    use our website or platform 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 or platform 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 or platform 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 or platform without our express written consent;

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

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

4.2    Except as expressly permitted by these terms and conditions, the Practitioner Terms of Business, the Customer Account and Booking Agreement, you must not use data collected from our website or platform to contact individuals, companies or other persons or entities.

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

 

5.     Registration and accounts

5.1    To be eligible for an account on our platform under this Section 5, you must over 18.

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

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

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

5.5    You must not use any other person’s account to access the platform, unless you have that person’s express permission to do so.

 

6.     User login details

6.1    If you register for an account with our platform, you will be asked to choose a user ID, which will be an email address, and password.

6.2    Your user ID must not be liable to mislead and must comply with the content rules set out in our User Generated Content policy; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3    You must keep your password confidential.

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

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

 

7.     Cancellation and suspension of account

7.1    We may:

(a)    suspend your account;

(b)    cancel your account; and/or

(c)    edit your account details,

at any time in our sole discretion without notice or explanation.

7.2    You may cancel your account on our platform at any stage when you are logged in to your account by visiting https://mytom.io/settings.

 

8.     Limited warranties

8.1    We do not warrant or represent:

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

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

(c)    that the website, platform or any service on the website or platform will remain available.

8.2    We reserve the right to discontinue or alter any or all of our website and platform services, and to stop publishing our website or platform, 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.

8.3    To the maximum extent permitted by applicable law and subject to Section 6.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website, platform and the use of our website and platform.

 

9.     Limitations and exclusions of liability

9.1    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.

9.2    The limitations and exclusions of liability set out in this Section 6 and elsewhere in these terms and conditions:

(a)    are subject to Section 9.1; 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.

9.3    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.

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

9.5    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.

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

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

9.8    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).

 

10.     Breaches of these terms and conditions

10.1  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

10.2  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).

 

11.     Variation

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

11.2  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.

11.3  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.

 

12.     Assignment

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

12.2  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.

 

13.     Severability

13.1  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.

13.2  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.

 

14.     Third party rights

14.1  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.

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

 

15.     Entire agreement

15.1  Subject to Section 9.1, these terms and conditions, together with our Privacy and Cookie Policy, and our User Generated Content Policy, shall constitute the entire agreement between you and us in relation to your use of our website and platform and shall supersede all previous agreements between you and us in relation to your use of our website platform.

15.2  Subject to Section 9.1, if you register with our platform as a Practitioner/Business, these terms and conditions, together with our Practitioner Terms of Business, our Privacy and Cookie Policy, and our User Generated Content Policy, shall constitute the entire agreement between you and us in relation to your use of our website and platform and shall supersede all previous agreements between you and us in relation to your use of our website or platform.

15.3  Subject to Section 9.1, if you register with our platform as an Individual, these terms and conditions, together with our Customer Account and Booking Agreement, our Privacy and Cookie Policy, and our User Generated Content Policy, shall constitute the entire agreement between you and us in relation to your use of our website and platform and shall supersede all previous agreements between you and us in relation to your use of our website or platform.

 

16.     Law and jurisdiction

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

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

 

17.    Statutory and regulatory disclosures

17.1  We are registered as a data controller with the UK Information Commissioner’s Office; you can find the online version of the register at ico.org.uk/register, and our registration number is ZA419120.

17.2  Our VAT number is 311 032280.

 

18.    Our details

18.1  This website is owned and operated by The Oneness Movement

18.2  We are registered in England and Wales under registration number 11356876, and our registered office is at The Oneness Movement, Kemp House, 152-160 City Road, London EC1V 2NX.

18.3  You can contact us:

(a)    using our website Get in Touch contact form; or

(b)    by phone, on 0203 962 5784;

(c)    by post, at The Oneness Movement, Kemp House, 152-160 City Road, London EC1V 2NX; or

(d)    by email, at connect@theonenessmovement.com