Terms and Conditions26/06/2022 2022-10-19 10:59
Terms and Conditions
- Who we are
2.1 When the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to Parent Cloud Ltd, the owner and operator of the Wellness Cloud and Parent Cloud Platforms, Apps and Websites. Our registered office is at 28 Lower Green Road, Esher, KT10 8HD and our company registration number is 11797795.
2.2 When the terms “you”, “client” or “user” are used in this Agreement, they refer to you, the user of the Platform.
- The Platform
3.1 The Platform is provided by Parent Cloud LTD to:
3.1.1 provide information and materials relating to wellbeing (the “Materials”); and
3.1.2 enable you to arrange expert support (“Support Services”) from professional practitioners in a variety of areas of expertise (“Specialists”).
3.1.3 enable you to attend a variety of live remote events.
3.2 Your employer or other organisation may have entered into an agreement with Parent Cloud LTD for you to access the Platform. In that situation, if you have any queries about the scope and duration of the services, you should contact your employer or other organisation.
3.3 You agree that all interaction with Specialists shall be arranged through the Platform (and our third party booking providers). You agree not to arrange or accept any Support Services from a Specialist other than those arranged through the Platform, even if a Specialist requests this.
- SUICIDE, SELF-HARM AND OTHER EMERGENCIES
4.1 NOTE: IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICES AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN-PERSON ASSISTANCE.
4.2 DO NOT USE THE PLATFORM OR SPECIALIST SERVICES FOR ANY OF THE AFOREMENTIONED CASES. THE SPECIALISTS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.
- MEDICAL ADVICE AND SUITABILITY
5.1 THE PLATFORM IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES.
5.2 IN ADDITION, IT IS NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE PLATFORM.
5.3 YOU SHOULD NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM OR BECAUSE OF ANY INABILITY TO ACCESS THE PLATFORM.
- The Licence
6.1 Subject to your compliance with this Agreement, Parent Cloud LTD provides to you a personal, revocable, limited, non-exclusive, royalty-free, and non-transferable licence to access and use the Platform and any Materials as a client.
6.2 Unless otherwise stated, Parent Cloud LTD or its licensors own the intellectual property rights to the Platform and any Materials. Subject to the terms below, all these intellectual property rights are fully reserved and belong to Parent Cloud LTD or its licensors even if they are created by you during the performance of your services utilizing our website.
6.3 You may view, download for caching purposes only, and even print pages, files or other content from our website for your own personal use, subject to the restrictions set out below and elsewhere in this agreement.
6.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user generated).
6.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
- Your Use of the Platform
7.1 You hereby confirm that:
7.1.1 you are at least 18 years old of age.
7.1.2 all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete and that you will maintain such information as accurate, true, current and complete. If you wish to make any changes and need our support, you can write to us at firstname.lastname@example.org or email@example.com .
7.1.3 provide information and materials relating to wellbeing (the “Materials”); and
7.1.4 enable you to arrange wellbeing and mental health support (“Support Services”) from practitioners (“Specialists”).
- Unauthorised Use of the Platform
8.1 You agree not to:
8.1.1 record your interactions with any person you interact with via the Platform.
8.1.2 use our intellectual property for advertisement purposes without expressed, written consent from us.
8.1.3 use the account of any other person for any reason unless otherwise agreed.
8.1.4 interfere with or disrupt, or attempt to interfere with or disrupt, any of our systems, services, servers, networks or infrastructure.
8.1.5 violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code in relation to your use of the Platform.
8.1.6 use the Platform in a manner that could damage, or otherwise negatively impact Parent Cloud LTD.
8.1.7 make any use of the Platform for the posting, sending or delivering of either of the following:
(a) unsolicited email and/or advertisement or promotion of goods and services;
(b) malicious software, viruses or code;
(c) unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content;
(d) any content that infringes a third party right including intellectual property rights;
(e) any content that may cause damage to a third party;
(f) any content which may constitute, cause or encourage a criminal action or violate any applicable law.
8.1.8 attempt to gain unauthorised access to (a) any portion or feature of the Platform, (b) any other systems or networks connected to the Platform, (c) any Parent Cloud LTD or our third party server, or (d) to any of the services offered on or through the Platform.
8.2 You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Platform or any services provided via, or in relation to, our Platform. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). You agree not to:
8.3 You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Platform or Materials.
8.4 You may not make use of or seek or receive any services via the Platform if you are under the age of eighteen years.
- Features of the Platform
9.1 The features and functionality of the Platform are to be determined solely by us and are subject to change or termination without notice.
9.2 When booking sessions with our Specialists, held via Zoom, Whereby or other web conferencing tool there are the following hardware requirements:
9.2.1 Camera/Webcam should be functional and working;
9.2.2 Speakers should be functional and working; and
9.2.3 The microphone should be functional and working.
10.1 The Specialists are neither our employees nor agents nor representatives.
10.2 All of the Specialists we work with are heavily vetted and, where relevant will be accredited and/or registered with a professional body (such as BACP, BANT, ILM, BPS, APA or similar equivalent boards) and are obliged to adhere to professional and ethical standards. From time to time, we may also impose additional standards and guidance for the Specialists to follow.
10.3 Please note that Parent Cloud LTD is not a health care provider. Parent Cloud LTD is a website operator. We make our Platform available as an introduction platform for you to access support services from third party Specialists. Parent Cloud LTD does not deliver any Specialist Services. Where you arrange to receive Specialist Services from a Specialist, the legal agreement is between you and the Specialist. Parent Cloud LTD is not a party to that agreement or to any Specialist Services.
10.4 YOU AGREE THAT PARENT CLOUD LTD IS NOT RESPONSIBLE FOR THE SPECIALIST SERVICES OR ANY INFORMATION OR ADVICE DELIVERED BY SPECIALISTS OR PROVIDED DURING OUR LIVE EVENTS. The specialist Services are provided by the relevant Specialist(s), not by Parent Cloud LTD, and you agree that Parent Cloud LTD is not liable for the actions or omissions of the relevant Specialist(s).
10.5 YOU AGREE THAT PARENT CLOUD LTD IS NOT RESPONSIBLE FOR ANY ACTION THAT YOU TAKE AS A RESULT OF THE USE OF THE PLATFORM OR ANY SPECIALIST SERVICES. Parent Cloud LTD does not provide you with medical advice and we do not endorse the advice or information given by Specialists. The Materials are not medical advice and should not be relied upon as such. While Parent Cloud LTD makes every reasonable endeavour to vet all Specialists and check all resources provided on the Platform, Parent Cloud LTD make no representation, express or implied, that the Platform, Material or content of any Specialist Services is accurate or correct. Under no circumstances does Parent Cloud LTD recommend particular treatment for specific individuals. You should not rely on any specific information or advice given to you by a Specialist. In all cases, we advise that an appropriately qualified medical professional be consulted before any decisions are taken about whether treatment or a certain course of action is necessary, beneficial or harmful. You should never make health decisions based solely on the Platform, Materials or Specialist Services.
10.6 YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE SPECIALIST SERVICES, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR SERVICE OF ANY SPECIALIST AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.
- Keeping your account details safe
12.1 If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
12.2 We have the right to disable any account or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this Agreement. We also have the right to delete your account if your employer has requested you to open an account using a corporate email address and you have not complied with their request.
12.3 If you know or suspect that anyone other than you knows your account details and password, you must promptly notify us at firstname.lastname@example.org or email@example.com. You agree that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge other than as a result of our negligence.
12.4 If you receive any file from us or from a Specialist, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file. Parent Cloud LTD will not be held liable for any spyware, malware or any other malicious program transferred through such a file exchange.
13.1 You will indemnify us, defend us, and hold us harmless from and against any and all claims, losses, causes of action, demands, liabilities, costs or expenses (including, but not limited to, litigation and reasonable solicitors’ fees and expenses) arising out of or relating to any of the following:
13.1.1 your access to or use of the Platform;
13.1.2 any actions made with your account whether by you or by someone else;
13.1.3 your violation of any of the provisions of this Agreement;
13.1.4 your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
13.1.5 your communication, interactions and actions with the Specialist(s) on our Platform; and
13.1.6 your use of any Specialist Services.
13.2 This clause shall survive the expiration or termination of this Agreement.
14.1The Platform and the Materials are provided “as is” without any representations or warranties, express or implied of any kind, including but not limited to merchantability, non-infringement, security, fitness for a particular purpose or accuracy.
14.2 Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
14.1.1 the Platform or our services will be constantly available, or available at all;
14.1.2 the information on the Platform is complete, true, accurate or not misleading;
14.1.3 you will be able to receive Specialist Services from a particular Specialist;
15.1 This Agreement will not exclude or limit any warranty implied by law that it would be unlawful to exclude or limit. Nothing in this Agreement limits or excludes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. Nothing in this Agreement shall be interpreted as attempting to exclude this liability.
15.2 Other than the liability set out in 15.1 we will not be liable to you or any other party (whether under contract, negligence or otherwise) in relation to the content of, or use of, inability to use or otherwise in connection with the Platform or Materials or Specialist Services:
15.1.1 for any direct loss;
15.1.2 for any indirect, special or consequential loss; or
15.1.3 for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
15.3 We exclude all implied warranties and other legal obligations implied by law, to the extent that it is lawful for us to do so.
15.4 YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT OUR AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE PLATFORM, MATERIALS OR ANY SPECIALIST SERVICES WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU (OR BY ANOTHER PARTY) IN RESPECT OF YOUR USE OF THE PLATFORM IN THE 12 MONTH PERIOD PRIOR TO THE DATE OF THE CLAIM.
15.5 If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
15.6 This section (limitation of liability) shall survive the termination or expiration of this Agreement.
15.7 By using the Platform, you agree that the exclusions and limitations of liability set out in this Agreement are reasonable. Prior to accepting these terms, if you disagree with the reasonableness of our exclusions and/or the limitation of liability, you agree to immediately cease using the Platform.
- Third Party Websites
16.1 Where our Platform or Materials contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
16.2 We have no control over the contents of those sites or resources and we shall have no liability for any loss or damage that may arise from your use of them.
17.1We may provide notices or other communications to you regarding this Agreement or any aspect of the Platform, by email to the email address that we have on record, or by posting them online. The date of receipt shall be deemed the date on which such notice is given. Notices sent to us must be delivered by email to firstname.lastname@example.org or email@example.com
18.1 You may cancel a specialist session without the cancelled session counting towards your employer’s allowance (or your allowance, where relevant) as long as the session is not taking place within 24 hours of the cancellation. These hours are during the working week. Cancellation of appointments on Mondays must be made by Friday of the preceding week.
18.2 To cancel a specialist session, you need to (i) send a message to the Specialist directly; and/or (ii)send a message to Info@parent-cloud.com or firstname.lastname@example.org and/or (iii) by utilising the rescheduling functionality on Acuity Scheduling or via your appointment confirmation email.
18.3 Once one or more of the steps above have been completed, the specialist session will be cancelled. If you cancelled at least 24 hours before the session, it will be not be deducted from the employer’s allowance of specialist sessions (or your allowance, where relevant).
18.4 If you cancel within 24 hours of the scheduled session, or do not attend a scheduled session, the session will still be deducted from your employer’s allowance (or your allowance, where relevant).
18.5 if you join any session under the influence of any substance such as drugs or alcohol, or become disruptive, insulting, abusive, or act in an unreasonable manner during the session, the Specialist will be entitled to terminate the session and the session will still count against such your employer’s allowance (or your allowance, where relevant).
18.6 In the rare event that a Specialist may have to cancel your appointment, we will reach out to you directly to offer an alternative or give details of how to book a session at another time.
18.7 Where you employer has set a limit on the number of sessions you are eligible to access and you exceed this limit we will invoice you directly for the cost of the session.
- Termination by Parent Cloud LTD
19.1 Without prejudice to Parent Cloud Limited’s other rights under this Agreement, if you breach this agreement in any way, we may take such action as we deem appropriate to deal with the breach, including issuing a warning, suspending your access to this website (either temporarily or permanently), blocking devices using your IP address from accessing this website/App, contacting your internet service provider to request that they block your access to this website, and/or bringing legal proceedings against you.
19.2 We may, at any time, without notice and without cause, suspend or terminate your account for any reason we deem necessary in our sole discretion.
20.1 If any provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that specific part will be deemed to be deleted, and the rest of the provision will continue in effect.
20.2 This Agreement, including any other documents incorporated by reference, constitutes the entire agreement between you and Parent Cloud LTD in relation to your use of the Platform, Materials and our services, and supersedes all previous agreements in respect of such use.
20.3 Parent Cloud LTD may, at any time, transfer, sub-contract or otherwise deal with our rights and/or obligations under this Agreement without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the Agreement under any circumstance without our written consent.
20.4 Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other.
20.5 A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in this Agreement.
20.6 No waiver by either of us shall be effective unless in writing, and no waiver shall constitute a continuing waiver so as to prevent us or you from acting upon any continuing or subsequent breach or default.
20.7 This Agreement, its subject matter and formation (and any non-contractual disputes or claims) are governed by English law. We and you both agree to the exclusive jurisdiction of the courts of England and Wales.
- Contacting Us
IF YOU ARE IN A CRISIS OR ANY OTHER PERSON MAY BE IN DANGER, DO NOT USE THIS SITE OR PLATFORM. PLEASE CONTACT YOUR LOCAL EMERGENCY HELPLINE IMMEDIATELY.
Book a one-to-one consultation with one of our hand-picked and experienced specialists. We have experts in a variety of areas relating to parenting, including breastfeeding, infant sleep, child behaviour, nutrition, counselling and more. See below our list of specialists available for appointments right now.