If you use the www.pesi.co.uk website ("the Website") or purchase membership/ subscription from the Website you agree to be bound by these terms and conditions.
In these terms and conditions, "we" and "us" means Psychotherapy Excellence Ltd trading as PESI with registered number 08012733. Place of registration: England and Wales. – PO Box 656, Abingdon, Oxfordshire, OX14 9JZ. Company number 08012733.
2. Access to the Website and content
2.1 We are continually improving the Website, so specifications or design changes may be made at any time. We shall use reasonable commercial endeavours to keep the Website up to date but information and specifications given are for your information only and are subject to change without notice.
2.2 We will endeavour to allow uninterrupted access to the Website, but access to the Website may be suspended, restricted or terminated at any time.
2.3 We reserve the right to change, modify, substitute or remove without notice any information on the Website from time to time.
2.4 We assume no responsibility for the contents of any other websites to which the Website has links.
3. Intellectual Property
3.1 The copyright in the material contained in the Website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to PESI Ltd, its subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing.
3.2 PESI is a trademark of Psychotherapy Excellence Ltd. Other product and company names mentioned on this Website may be the trademarks or registered trademarks of their respective owners.
4. Exclusions of liability
4.1 We use reasonable endeavours to ensure that the data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. We do not monitor, verify or endorse information submitted by third parties for posting on the Website and you should be aware that such information may be inaccurate, incomplete or out of date. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website. We do not guarantee that the Website will be fault free and do not accept liability for any errors or omissions.
4.2 Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to the Website, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with these terms and conditions or use of the Website save where such liability cannot be excluded by law.
4.3 We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
4.4 Resources on the Website must not be relied upon by Members as a substitute for detailed advice in individual cases and that they should seek appropriate advice before taking or refraining from taking any action.
5. Exclusion of liability for suppliers' goods and services
We promote a number of suppliers on the Website and offer you the opportunity to buy goods and services from those suppliers through the Website. We can accept no liability for any goods or services provided by third party suppliers. Any goods or services which are not stated to be provided by us are provided by third parties over whom we do not have control and you should satisfy yourself that you wish to purchase those goods or services before contracting with the supplier. The suppliers will be supplying on their own standard terms and conditions and you should check that you agree to those terms and conditions before placing an order.
6. Username and password
6.1 On signing up with us, you are issued with a user name and password which must be used in order to access certain restricted parts of the Website. The user name and password are personal to you and are not transferable.
6.2 Your name and password are the methods used by us to identify you and so are very important. You are responsible for all information posted on the Website by anyone using your username and password and any payments due for services accessed through the Website by anyone using your user name and password. Any breach of security of a user name and password should be notified to us immediately.
6.3 You may not adapt or circumvent the systems in place in connection with the Website, nor access the Website other than through normal operations.
7. Data submitted by users
7.1 We accept no liability for data supplied by any user for display on the Website and the limitations in condition 4 above (Exclusions of liability) apply.
7.2 If you submit data for display on the Website you are responsible for ensuring that the data is accurate, complete and up to date and for updating that data where necessary.
7.3 If you submit data for display on the Website you are responsible for ensuring that no data is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties.
7.4 You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Website is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology.
7.5 We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Website that we consider to constitute a misuse of the Website or which is otherwise harmful to other users of the Website.
7.6 You will indemnify us for any claim or loss (including without limitation, economic loss) suffered by us arising out of your failure to observe any of the terms of this condition 7.
7.7 Subject to the Contracts (Rights of Third Parties) Act 1999 condition 7.5 may be enforced by the following people in their own right: any third party with whom we contract for content or advertising; and our employees or agents at the time of any failure to observe.
8. Data protection
10.1 We may terminate your access to the Website and the services within it on not less than 3 days' written notice to you.
10.2 All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.
11.1 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
11.2 We may modify these terms and conditions at any time by publishing the modified terms and conditions on the Website. Any modifications shall take effect 3 days after posting on the Website.
Subscription Terms and Conditions
12. Formation of agreement
12.1 An agreement for us to sell you a subscription is made on the basis of these terms and conditions when we accept your order for a subscription by confirming receipt of your payment.
13. Placing an order and our acceptance
13.1 When placing an order and/or making a payment, the process will only be available in English.
13.2 When you request a subscription (which includes renewals or a new subscription) whether in print, online or via mobile downloads (as applicable to the publication), the subscription will be for a minimum of 12 months unless otherwise stated and the subscription will begin on the date of receipt of payment.
13.3 When you do submit your request for an order you are making an offer to purchase subscription access, which we may accept or decline.
13.4 Your payment will then be processed by us (or our agent if you are using an agent) and us or our agent will confirm if your payment is not validated. A binding contract comes into effect between us once we contact you within to confirm your order with your access details but this is conditional upon these Subscription Terms and Conditions applying.
13.5 In the event that we are unable to supply subscription/access rights for the agreed term, we will inform you as soon as possible and provide you with a pro rata refund in the event that you have paid for a period for which we cannot comply. To the fullest extent permitted by law, we will not however be liable for any other direct or indirect losses, nor any losses (as set out in Clause 6), caused as a result of not being able to supply you with the memberships for all or any of the periods subscribed to. This does not affect your statutory rights.
14. Your Account Details
If your request for subscriptionp/access rights is accepted, you will be responsible for maintaining confidentiality of your online account and password, restricting access to your computer and/or preventing unauthorised access to your account. You agree to take responsibility for all activities that occur under your account or password. If you believe that your account or password is being or is about to be used by anyone else you should inform us immediately via firstname.lastname@example.org.
15. Prices and Payments
15.1 The price that you pay for your subscription/ access rights should be the standard pricing as indicated on the website, brochure, letter, email or via the phone (as applicable) which will depend on your billing/invoice address. These prices are valid for purchases made during the calendar year which the purchase relates to. You will be charged in the currency as indicated via the website, brochure, letter, email or via the phone which, if not the country of your bank account, will be converted by your bank into the currency of your bank account, when processed. We are not responsible for any additional charges your bank may apply.
15.2 Whilst we try to ensure that all prices we display and quote are accurate, errors may occur. If we discover any error in the prices of the memberships you have ordered and this is greater than what you have paid, we will inform you as soon as possible and give you the option of recommencing your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel for this reason and we have already processed your payment, you will receive a full refund.
16.1 We will take all reasonable care to keep your order secure, but in the absence of our sole negligence we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to any data (including credit and account details) you provide when accessing or ordering from the Website. It is up to you to keep your username and password secret.
16.2 We shall not be liable to you in connection with this agreement in contract, tort (including negligence) or otherwise for any loss of profit, anticipated savings or data (in each case whether direct or indirect) or any indirect loss.
16.3 Our aggregate liability to you in connection with this agreement shall not exceed the value of the goods ordered by you.
16.4 Notwithstanding anything else in these terms and conditions, we accept unlimited liability in respect of death, personal injury or damage to property caused by our negligence.
17. Statutory Rights
These terms and conditions do not affect your statutory rights (if appropriate) as a consumer.
18. Matters outside our control
We shall not be liable to you or in breach of this agreement for delay or failure to perform if the delay or failure is due to a cause beyond our reasonable control.
19. E-mail, user name and password
19.1 E-mails to you shall be to the address you specify to us. It is important that you give us an accurate and valid e-mail address and tell us of any changes to it.
20.1 If we fail to enforce a right under this agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.
20.2 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
21. Governing law
21.1 These terms and conditions shall be governed by and construed in accordance with English law.
21.2 Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.
22. Subscription Cancellation
22.1 Subscriptions cancellations received within 24 hours of registration may be eligible to receive a full refund. We will check to see if anything has been downloaded or viewed in your account. Should information have been accessed we reserve the right to decline your cancellation.
22.2 Cancellations received after the stated deadline will not be eligible for a refund.
22.3 Cancellations will be accepted via phone, fax or e-mail, and must be received by the stated cancellation deadline.
22.4 All refund requests must be made by the attendee or credit card holder.
22.5 Refund requests must include the name of the attendee and/or transaction number.
22.6 Refunds will be credited back to the original credit card used for payment.
22.7 We reserve the right to include an admin charge for any refunds after the pruchase date.
22.8 Should a subscription be cancelled before the 12 month period, the subscriber is liable to pay the outstanding amount of the months not paid plus VAT. All rights are reserved.
23. Grant of Rights
Pursuant to an agreement (the “Agreement”) between Psychotherapy Excellence Ltd, and the subscribing party (“Subscriber”) or (“User’), for a subscription to www.pesi.co.uk, PESI has granted to Subscriber, and (if applicable) any authorized educators, employees, administrators and students under the Agreement (“Users”), for the term of the applicable Agreement, a limited, non-exclusive, terminable, non-transferable license to access (the “Website”) and content included therein (the “Content”). PESI may, in its sole discretion, make changes to the Website and/or the Content, including but not limited to adding and/or removing video or other Content, adding closed-captioning, and implementing new encoding rates. All rights not expressly granted to Subscriber and Users pursuant to these Terms and Conditions are reserved to Psychotherapy Excellence Ltd, and all uses of the Content by Subscriber and Users not expressly permitted hereunder are prohibited.
24. Individual access
Allows a single (“Subscriber”) or (“User”) to watch streaming videos on ("the website"). If you are purchasing a webcast for use by more than one person you will need to purchase a group license. Access to the videos may be terminated if a (“Subscriber”) or (“User’) is found to be in violation of these terms and conditions.
25. Group access
Allows a number of (“Subscribers”) or (“Users”) to watch webcasts on ("the website"). All persons viewing content in a group setting (such as a classroom) must be authorized (“Subscribers”) or (“Users”). Group webcast licenses can be purchased individually or as a collection and will last for the amount of time as indicated on the agreement. The price of a group license is based on the number of users connected to the license. PESI monitors user usage levels and reserves the right to terminate access to users who, in the sole opinion of PESI, have more users accessing the content than are allowed by the agreement. It is the responsibility of the user to notify PESI if the number of users associated with their account changes.
26. Cancellation policy
Allows (“Subscribers”) or (“Users”) to access webcasts on ("the website"). The initial subscription requires a twelve-month commitment; during the twevle months of the program users will not be able to cancel their subscription. Users credit cards/ debit cards will be automatically charged at the beginning of each subscription cycle according to the purchase date.
Should a subscription be cancelled before the 12 month period, the subscriber is liable to pay the outstanding amount of the months not paid plus VAT. All rights are reserved.
27. Permitted and Prohibited Uses
26.1 Downloading of Content. Subscriber/Users may not (1) systematically download any of the Content except for the audio files and transcriptxs, (2) create distribution “libraries”, or (3) transfer, sell, rent, display, or exhibit any of the Content to any third party who is not also a Subscriber/User.
26.2 Dissemination of Content. In the course of using any Content as permitted hereunder, Subscriber and/or its Users may not make the Content, or any part thereof, available to any party who is not a Subscriber or a User.
26.3 Prohibited Uses. Except as expressly set forth herein, neither Subscriber nor the Users may (i) copy, reproduce, alter, modify, transmit, perform, create derivative works of, publish, sub-license, distribute, or circulate the Website, the Content, or any portion thereof; (ii) disassemble, decompile, or reverse engineer the Website or any portion thereof, or use a robot, spider, or any similar device to copy or catalog the Content or any portion thereof; (iii) take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the Website’s or the Content’s control or security systems, nor allow or assist a third party to do so; or (iv) use the Content in a manner that disparages the Website, the Content or PESI or in any manner that Psychotherapy Excellence Ltd may, in its sole discretion, deem inappropriate.
("the Website") and the Content are the property of PESI. By using ("the Website") and the (“Content”), even as permitted hereunder, neither (“Subscriber”) nor any of its (“User”) gain any ownership interest in ("the Website") or the (“Content”).
30. Changes to Terms and Conditions
Psychotherapy Excellence Ltd trading as PESI reserves the right to change these Terms and Conditions without prior warning to (“Subscribers”) or (“Users”)
31. Modification of Service
Psychotherapy Excellence Ltd trading as PESI reserves the right to modify, suspend, or discontinue PESI services, or any part thereof, at any time and without notice to you.