The following terms of service govern all use of the BACP Communities of Practice website and all content and services available at or through the website including, but not limited to, the BACP Communities of Practice website and the BACP Communities of Practice support forums, (taken together, the website).
The website is owned and operated by BACP (British Association of Counselling and Psychotherapy). The website is offered subject to your acceptance without modification of all the terms of service contained herein and all other operating rules, policies (including, without limitation, BACP Communities of Practice’s privacy policy, community principles, guidelines and code of conduct) and procedures that may be published from time to time on this site by BACP Communities of Practice (collectively, the “agreement”).
Please read this agreement carefully before accessing or using the website. By accessing or using any part of the website, you agree to become bound by the terms of service of this agreement. If you don't agree to all the terms of service of this agreement, then you must not access the website or use any services. If these terms of service are considered an offer by BACP Communities of Practice, acceptance is expressly limited to these terms. The website is only available to members.
1. Your BACP Communities of Practice account
As a member only website, if you create an account on the website, you're responsible for maintaining the security of your account and you're fully responsible for all activities that occur under the account. If anyone breaches your account, you must immediately notify the BACP Communities of Practice Lead using communities@bacp.co.uk.
You will be notified via email when you are sent a personal message, when you are quoted, replied to, your @username is mentioned or when there is new activity in your watched categories, tags or topics. You can turn this function off in your user preferences. You must regularly update your preferences.
2. Responsibility of users
If you post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, 'content'), you're entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the content in question constitutes text, graphics, an audio file or computer software. By making content available, you represent and warrant that:
I. the downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party; if anyone has rights to intellectual property you create, please make sure you have either:
(i) received permission from the third party to post or make available the content, including but not limited to any software, or
(ii) secured from the third party a waiver to all rights
II. you have fully complied with any third-party licences relating to the content, and have done all things necessary to successfully pass through to end users any required terms
III. the content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content
IV. the content is not spam, is not machine or randomly generated, and doesn't contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing)
V. the content isn't pornographic, doesn't contain threats or incite violence, and doesn't violate the privacy or publicity rights of any third party
VI. any content isn't shared outside of the Communities of Practice website
VII. your content isn't named in a manner that misleads your readers into thinking that you're another person or company; and
VIII. you have, in the case of content that includes computer code, accurately categorized and or described the type, nature, uses and effects of the materials
IX. the content doesn't contravene any law including but not limited to data protection laws
3. User content licence
Without limiting any representations or warranties, BACP Communities of Practice has the right (though not the obligation) to, in BACP Communities of Practice’s sole discretion
(i) refuse or remove any content that, in BACP Communities of Practice’s reasonable opinion, breaches any BACP Communities of Practice code of conduct or principles and guidelines or is in any way harmful or objectionable, or
(ii) terminate or deny access to and use of the website to any users for any reason, in BACP Communities of Practice’s sole discretion. BACP Communities of Practice will have no obligation to provide compensation.
4. Responsibility of website users
BACP Communities of Practice will not review, and cannot review, all the material, including computer software, posted to the website, and cannot therefore be responsible for that material’s content, use or effects. By operating the website, BACP Communities of Practice does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You're responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes and other errors. The website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms of service, stated or unstated. BACP Communities of Practice disclaims any responsibility for any harm resulting from the use by users of the website, or from any downloading by those users of content there posted. Should any of the potential incidents occur that are mentioned in the responsibility of website user's statement, each case will be dealt with individually by the member moderators with guidance and support from Communities of Practice Lead and other internal BACP staff.
5. Content posted on other websites
We've not reviewed, and cannot review, all the material, including computer software, made available through the websites and webpages to which BACP Communities of Practice links, and that link to BACP Communities of Practice. BACP Communities of Practice doesn't have any control over those non-BACP Communities of Practice websites and webpages and isn't responsible for their contents or their use. By linking to a non-BACP Communities of Practice website or webpage, BACP Communities of Practice doesn't represent or imply that it endorses such website or webpage. You're responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BACP Communities of Practice disclaims any responsibility for any harm resulting from your use of non-BACP Communities of Practice websites and webpages.
6. Copyright infringement policy
As BACP Communities of Practice asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by BACP Communities of Practice violates your copyright, and if this website resides in the UK (United Kingdom), you're encouraged to notify the BACP Communities of Practice Lead via email communities@bacp.co.uk.
BACP Communities of Practice will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. BACP Communities of Practice will terminate a user’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of BACP Communities of Practice or others.
7. Intellectual property
This agreement does not transfer from BACP Communities of Practice to you any BACP Communities of Practice or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BACP Communities of Practice. BACP and all other service marks, graphics and logos used in connection with BACP Communities of Practice, or the website are service marks. Anything uploaded to the site could be used by other members, BACP holds no responsibility in how it is used. Screen grabbing or screen printing of information on this website is not allowed.
Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or licence to reproduce or otherwise use any BACP or third-party trademarks.
8. Advertisements
BACP Communities of Practice will allow resources for training and learning purposes to be added to the website. BACP reserve the right to remove excessive promotional material. BACP do not endorse any such income generating activities on the BACP Communities of Practice website. Any such advertisements maybe removed at the Communities of Practice Lead’s discretion.
9. Changes
BACP Communities of Practice reserves the right, at its sole discretion, to modify or replace any part of this agreement. It's your responsibility to check this agreement periodically for changes. Your continued use of or access to the Communities of Practice website following the posting of any changes to this agreement constitutes acceptance of those changes. BACP Communities of Practice may also, in the future, offer new services and features through the website (including, the release of new tools and resources). Such new features and services shall be subject to the terms of service of this agreement. Should changes be made, you'll be notified of these when you next login to the website.
10. Termination
BACP Communities of Practice is committed to free and open debate, also reserving the right to end your access to all or any part of the website, with cause and with notice. If you wish to terminate this agreement or your BACP Communities of Practice account (if you have one), you may simply discontinue using the website. Should you wish to evoke your ‘right to be forgotten’ (please email communities@bacp.co.uk) a request for erasure will result in your personal profile being deleted but, in most cases, any posts containing your personal data will remain. Provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Disclaimer of warranties
The website is provided 'as is'. BACP Communities of Practice and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither BACP Communities of Practice nor its suppliers and licensors, makes any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.
12. Limitation of liability
In no event will BACP Communities of Practice, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages;
(ii) the cost of procurement for substitute products or services;
(iii) for interruption of use or loss or corruption of data.
BACP Communities of Practice shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General representation and warranty
You represent and warrant that:
(i) your use of the website will be in strict accordance with the BACP Communities of Practice privacy policy, community principles and guidelines and code of conduct, with this agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and
(ii) your use of the website will not infringe or misappropriate the intellectual property rights of any third party.
14. Indemnification
To the fullest extent of the law, you agree to indemnify, defend, and hold harmless BACP Communities of Practice, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all loss, costs, penalties, fines, damages, claims, expenses and liabilities, including legal fees, arising out of, resulting from or in connection with your use of the website, including but not limited to your violation of this agreement.
15. Miscellaneous
I. This agreement constitutes the entire agreement between BACP Communities of Practice and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of BACP Communities of Practice, or by the posting by BACP Communities of Practice Lead of a revised version.
II. Except to the extent applicable law, if any, provides otherwise, this agreement, any access to or use of the website will be governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the Courts of England and Northern Ireland, Scotland and Wales.
III. The parties agree to enter into negotiations to reach a settlement in relating to any disputes arising under this agreement and if they are unable to agree shall appoint an independent mediator and/or arbitrator prior to any litigation.
IV. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
V. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
VI. You may assign your rights under this agreement to any party that consents to, and agrees to be bound by, its terms of service; BACP Communities of Practice may assign its rights under this agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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These terms of service will be reviewed twice a year to assure the current nature of them.