Registration and consent process prior to 13th August 2009: --------------------------------------------------------------------------------------------- Consent text on registration page: I have read and agree to the terms and conditions [tickbox] [submit button] --------------------------------------------------------------------------------------------- Terms and Conditions referred to: 1. Introduction 1.1 Practitioners who use this site must agree to be guided by an established ethical framework, such as the BACP Ethical Framework. Please read these T&Cs; carefully with this in mind. 2. Definitions User any person who uses the Services, whether registered or not Practitioner a User who advertises on the Services User Content information published by Users on the Services. Site our website at www.cpdirectory.com or such other website as we may use to provide the Services from time to time Services the group of services made available by The UK & Ireland Directory of Counselling and Psychotherapy, the purpose of which is to facilitate advertising of User services to members of the public T&Cs these terms and conditions 3. Registration and use of Services 3.1 You are not eligible and must not register as a User (or must de-register immediately if already registered) if you are under 21 years of age. You are not eligible and must not register as a Practitioner (or must de-register immediately if already registered) if you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct or harassment. You are not eligible and must not register as a Practitioner (or must de-register immediately if already registered) if you have current sanctions outstanding with BACP, UKCP or other body related to personal development, counselling or psychotherapy, or if you have been disbarred from membership or are otherwise ineligible to join such organisations. (Any breach of this clause is a serious breach of this agreement.) 3.2 You may not represent yourself as a counsellor or psychotherapist on this site unless you have successfully completed a course of training sufficient to admit you to full membership of one or more of the organisations recognised by this site (the list of which is available from "help" links on the website). 3.3 We reserve the right in our discretion to refuse any application to register as a User. 3.4 The equipment (including computer, software, telecommunications systems) used to gain access to Services shall be the responsibility of the User as shall the telecommunications or other costs incurred by their use. 3.5 You will ensure that all contact and other information (eg email and postal addresses, identifying or financial information) which you provide us are accurate and not misleading and that you will update them so that they remain so. 4. Safety and Security 4.1 We do not advise on or recommend services advertised or otherwise publicised on this site. People using User Services, whether registered or not, commit to carrying out their own checks on any Users before using their services. As a user of the Services, you commit to carrying out your own checks on any User whose services you may wish to engage, before using their services or taking advice from such Users. These checks may include, but are not limited to, contacting BACP, UKCP and other organisations involved with promoting or managing standards in Counselling and Psychotherapy. 4.2 Accordingly, we do not have the contractual obligation or technical means (1) to verify the identity of persons who register as Users or use our Services or (2) to verify or monitor User Content (although we do reserve the right to monitor if we think it appropriate). You should not assume that any User Content is accurate. We cannot be liable for false or misleading statements by Users. You must take appropriate steps to investigate User Content if you intend to act on it. 4.3 When arranging to engage a Practitioner listed on this site or elsewhere, you must make appropriate checks and take appropriate precautions. Any such transactions or meetings are at your own risk and are not our responsibility. 4.4 You are responsible for the acts or omissions of any third parties who use your identification information or account, whether fraudulent or not. You agree to indemnify us against any claims of this kind. 4.5 We are not liable if your identity is used by someone else. 4.6 You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a username or password. In such case you should immediately amend your password, using the Services. 5. User Obligations 5.1 You agree that you will not: 5.1.1 in connection with the Services breach any applicable law, regulation or code of conduct including, but not limited to, in the case of Practitioners, the BACP Ethical Framework; 5.1.2 publish or send any User Content or communications to us which are false or misleading (and you agree to update Content which you supply to ensure that it does not become false or misleading), sexually explicit, sexually suggestive, vulgar, indecent, obscene, racist, xenophobic, abusive, unlawful, deceitful, invasive of another's privacy, offensive, harmful, violent, threatening, harassing, stalking, defamatory, an infringement of third party intellectual property or other rights or which encourage or assist any of the foregoing; 5.1.4 disclose or make accessible to any third party any username(s), password(s), activation code(s) or similar information allocated to Users or use them for any purpose other than authentication for the Services. 5.1.5 provide email addresses to us of other persons or publish or send any User Content referring to other persons without having obtained their prior consent; 5.1.6 publish or send any User Content which links to any third party websites which are illegal or contain inappropriate content; 5.1.7 use the Services for any commercial, professional or non-private purposes other than the promotion of services or information related to counselling, psychotherapy, personal development or professional development.; 5.1.8 use the Services for junk mail, spam and pyramid or similar or fraudulent schemes; 5.1.9 do anything which may have the effect of disrupting the Services including worms, viruses, software bombs or mass mailings; 5.1.10 attempt to gain unauthorised access to any part of the Services or equipment used to provide the Services; or 5.1.11 use the Services other than for the purposes set out in these T&Cs; and that any breach of the foregoing constitutes a serious breach of this agreement (without prejudice to any other serious breach of this agreement which may occur). 5.2 You agree to comply with any guidelines or requirements on our Site as well as any reasonable request or instructions by us in connection with the Services. 5.3 You must notify us immediately if you become aware of any inappropriate behaviour in connection with your use of the Services, and we encourage you to notify us of any inappropriate behaviour or content in relation to other users of the site. 6. User Content 6.1 It is your responsibility to decide which information to publish or send via User Content. The UK & Ireland Directory of Counselling and Psychotherapy cannot be held liable for any misuse thereof by any other User or third party. 6.2 We are not liable for User Content or other activities of Users which may breach the rights of other Users or third parties. 6.3 We permit Users to notify us of inappropriate User Content. You acknowledge that such notification may take place and that we may take steps outlined in these T&Cs; in respect of such information which comes to our attention. 6.4 User-provided content may be displayed or advertised on other directories showing resources for Counselling and Psychotherapy. 6.5 We reserve the right not to accept or to suspend or remove from our Services all or part of any User Content for any reason. 7. Intellectual property rights 7.1 The trade marks (including the UK & Ireland Directory of Counselling and Psychotherapy), logos, graphics, images, photographs, animation, videos, text and software used in the Services are the intellectual property of us or our partners and your right of use is strictly limited to accessing, downloading, printing and reproducing on all media for your own use of the Services within the scope of these T&Cs. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (except insofar as permitted by applicable law) such content without our prior written consent. 7.2 You may not include our Site in part or in whole within another external website without our prior written consent. 7.3 Where relevant, your details may be displayed on other websites related to the UK & Ireland Directory of Counselling and Psychotherapy. 7.4 We reserve the right to make editorial alterations (for example: to correct typing errors; to shorten entries of excessive length; to fill in possible gaps in parts of your profile [e.g. organisation membership] where that information is provided elsewhere [e.g. in the descriptive text]) and to edit or remove content which we feel is inappropriate, such as statements that we consider abusive, defamatory, misleading or which conflict in any other way with the BACP Ethical Framework. 7.4 As part of this service, you may receive communications from us or our partners from time to time with information about this service or similar services. You may opt-out by de-subscribing from the service at any time using the pages or links provided for the purpose. 7.5 You may not copy or otherwise use any User Content of other Users except insofar as strictly necessary for your own personal, private and non-commercial use of the Services, or as part of your normal professional use of the Services strictly in the capacity of counsellor or psychotherapist or other practitioner of the healing arts for the usual purpose of referral, within the scope of these T&Cs. 8. Functioning of Site and Services 8.1 We do not guarantee that our Services will be uninterrupted or error-free or will achieve particular results nor do we guarantee the integrity or security of data. We will use our reasonable endeavours to rectify faults if they do occur. 8.2 We reserve the right to suspend the Services at any time without notice for repair, maintenance, improvement or other technical reason. 8.3 We reserve the right to change the Services without notice. 9. Termination 9.1 You may at any time terminate your registration with us by requesting closure of your account in the designated part of our Site. We will implement such a request as soon as reasonably practicable. 9.2 Without prejudice to any other provision in this agreement (including any right of ours to claim damages), we at any time may suspend or terminate your registration: 9.2.1 immediately without notice if in our reasonable opinion: a) you have committed a serious breach of this agreement; or b) any User Content published or sent by you or your continued registration is damaging or potentially damaging to our business or other Users; or 9.3 We will notify you by email of any suspension / termination of your registration (or of confirmation thereof). Following such notification, you must not attempt to re-register as a User or to use our Services except where we notify you that a suspension is lifted. 10. Third party websites 10.1 We or third parties may provide links on our Site to third party websites. You use them at your own risk. We do not review such sites. We do not recommend or endorse such sites nor are we responsible for the content of those sites or any goods or services offered thereon. If in the course of performing a search on our site you encounter any third party website the use of which would violate applicable law, you must immediately cease use of such website. 11. Limitation of liability 11.1 This section (and any other clause excluding or restricting our liability) applies to any officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999) as well as to us. 11.2 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself. If you do not, we shall have no liability to you for that matter. 11.3 We shall not be liable for any damage to a User caused or contributed to by that User, for example by not complying with these T&Cs. 11.4 Our liability of any kind (including our own negligence) with respect to the Services for any one event or series of related events is limited to the sum of £5. 11.5 In no event (including our own negligence) will we be liable for any: 11.5.1 economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); 11.5.2 loss of goodwill or reputation; 11.5.3 special, indirect or consequential losses; or 11.5.4 damage to or loss of data (even if we have been advised of the possibility of such losses). 12. General 12.1 Headings in this agreement are for information only and are not binding. We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control. This agreement constitutes the entire agreement between you and us in connection with the Services. We may assign all or part of our rights or duties under this agreement; you may not do without our prior written consent. Any failure by us to exercise or enforce any right or provision of this agreement does not constitute a waiver of it. If any part of this agreement is deemed void or ineffective for any reason, the remainder shall continue in full force. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 unless expressly stated otherwise in this agreement. 13. Disclaimer 13.1 Information relating to the various therapists, schools, organisations and businesses listed on this website, is as supplied to us by those people and organisations. To be listed here is not a proof of professionalism or that the persons or organisations are qualified and competent. Their appearance on this website is not an endorsement of the Practitioners by the providers of this website nor any contributor to this website whatsoever. Notwithstanding any effort that has been made to ensure that the information contained on this website is accurate, it remains the responsibility of whosoever shall engage the services of any Practitioner contained herein, including the User themselves, to ensure that the Practitioner is properly qualified and that the therapy is suitable for the User concerned. This website is not an official website of any Practitioner organisation, and has no affiliation with any such organisation. The provider of this website cannot be held responsible for any damage, injury or loss caused as a result of any therapy, advice or treatment given by any Practitioner contained within this website or associated website whatsoever. 13.2 The provider of this website takes no responsibility for, and will not incur any liability in respect of, the content of any website accessed through hyperlinks contained on this site. Further, the UK & Ireland Directory of Counselling and Psychotherapy does not endorse any views, statements or information contained in linked websites. 13.3 The providers of this website will in no circumstances be liable for any indirect, special or consequential damage under any law or on any basis whatsoever whether contractual or otherwise arising out of or in connection with the use of this website or its associated publication. 14. Law and jurisdiction 14.1 This contract shall be governed by English law and any disputes will be decided only by the English courts.