App Terms & Conditions (End User License)
PLEASE READ THESE LICENCE TERMS CAREFULLY
By downloading the MENTOR360 App, you agree to these terms which will bind you. If you do not agree to these terms, do not proceed to download this app.
About us and these terms
We (Mentor360 Limited, a company registered in England and Wales with registered number 12925594, with registered office at 7 – 8 Church Street, Wimborne, Dorset, BH21 1JH) license you to use:
- the Mentor360 mobile application software and App and the data supplied with the software (App) and any updates or supplements to it; and
- the service you connect to via the App and the content we provide to you through it (Service).
Where you download our app, the app store’s terms also apply. The ways in which you can use the App may also be controlled by their rules and policies, and their rules and policies will apply instead of these terms where there are differences between the two.
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will notify you of a change when you next start the App. If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
Support for the App and how to tell us about problems
If you want to learn more about the App or the Service or have any problems using them please take a look at our website (mentor360.com).
If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org
If we have to contact you, we will do so by email, using the contact details you have provided to us.
The Service the App provides
The App is designed to help users see the importance of self-awareness in improving their lives, focusing on mental fitness, holistic wellbeing, mindfulness and performance. The App is a platform designed to help individuals determine ways to understand and solve their issues.
The information provided via the App is delivered by leading psychologists and healthcare professionals.
In particular, our team consists of:
- A clinical psychologist, registered with the HealthCare Professionals Council and Chartered Psychologist with British Psychological Society
- A performance psychologist, accredited with BASES
- A registered nurse, regulated by the Nursing Midwifery Council, a fully accredited practitioner of the British Association of Behavioural and Cognitive Psychotherapy, and certified provider of cognitive processing therapy and eye movement desensitisation reprocessing practitioner
- A yoga and mindfulness practitioner, registered with the Independent Yoga Network and the Federation of Holistic Therapists
Each of the practitioners noted above is governed by the rules, regulations and codes of conduct of their own practice area. Our team are licensed according to UK requirements, and we do not hold our team out as licensed to provide services in other jurisdictions.
Nothing provided on the App involves diagnosis or treatment, nor does it constitute medical advice (see our disclaimer below). All information provided via the App is approved by our team clinical psychologist, to ensure it is accurate, up-to-date, and in line with our values.
How you may use the App
In return for your agreeing to comply with these terms, you may:
- download or stream a copy of the App onto your device and view, use and display the App and the Service on such devices for your personal purposes only.
- provided you comply with these terms, make a limited number of copies of the App for back-up purposes; and
- receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
You are permitted to download the App for free but, while using the App, you may be offered the opportunity to upgrade to a premium subscription. Your subscription can be monthly, three-monthly or an annual subscription. Annual subscriptions rollover every year, so please make sure to cancel your subscription before it rolls over if you do not wish to continue to use the App for the next year.
As the App is a digital download, no refunds will be given if you change your mind. This does not affect your consumer rights, which means that we may repair, replace or refund you if the App is faulty, not fit for purpose or not as described. If you believe this to be the case, please contact us.
You must be 12 or older to accept these terms and use the App.
We are giving you personally the right to use the App and the Service as set out above. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
From time to time, we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App and the Services.
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things; and
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
Acceptable use restrictions
- not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
Intellectual property rights
All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes 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.
If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The App and the Services are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the AppStore site) meet your requirements.
The content and information provided on the App is for general purposes only and should not be a substitute for professional advice from a medical or other professional.
Whilst we make all reasonable efforts to ensure that our content is accurate and comprehensive, we cannot guarantee that the information is up-to-date, correct or complete.
We are not able to advise on whether you are fit to safely participate in any of the activities set out on the App or that the content is appropriate for you. You should obtain professional or specialist advice from your doctor before participating or following the advice set out on the App. If you choose to exercise to the videos shown in the App, you do so at your own risk and acknowledge that the exercises carry an inherent risk of physical injury – particularly if you have a history of health problems or any previous injuries.
You should contact a doctor if you suspect you have any medical conditions or issues. Please do not ignore professional advice or wait or refuse to obtain it because of something you have read or seen on the App.
If you have any of the following contra-indications, any activity undertaken through the use of the App should be reduced or modified:
- Sprains or strains in the hamstrings, knees and ankles
- Shoulder injuries, including instability or impingement
- Wrist injuries, especially carpel tunnel syndrome
- Back conditions, including scoliosis, kyphosis, herniated or bulging discs, fused vertebrae
- Sacroiliac joint (SI), including any pain or disfunction
- Hypertension (high blood pressure)
Please contact our yoga instructor if you have any concerns.
In very rare cases, there have been studies that have shown that some people experience negative effects such as dissociation, anxiety, depression and hallucinations when practising mindful meditation extensively. The people most susceptible to these side effects are people who are mentally vulnerable for example, schizophrenic patients, people who have long term mental health issues and in some cases, people who have experienced PTSD. It is important to be taught meditation by an experienced teacher and in a safe environment.
Please do not take part in any of the activities on the App if you have been advised not to or whilst under the influence of drugs or alcohol.
If you have a history of mental illness or are concerned that you are mentally vulnerable, then please consult with your health professional before taking part in any of the meditation or related activities on the App. This is not to say that it will be harmful to you, but we would recommend caution.
In the absence of any negligence or other breach of duty by us, you follow the advice provided on the App entirely at your risk.
Nothing in this disclaimer excludes our liability where this is nor permissible by law.
Our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
- You must stop all activities authorised by these terms, including your use of the App and any Services.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
If you are a UK resident then these terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Habit nutritional advice reference: www.nhs.uk/live-well/eat-well/
MENTOR360 is not affiliated to the charities listed.