Unbound – Terms and Conditions

1.    About us and these Terms and Conditions

1.1         These Terms and Conditions apply where a consumer places an Order on the Website for any of the Services offered by UNBOUND LTD of 2 Tower House, Hoddesdon, Herts EN11 8UR (“Supplier”, “we”, “us”, “our”)

1.2         These Terms and Conditions together with :

(a)  the Order;

(b) the relevant service description in Schedule 1;

(c)  the Privacy Policy; and

(d) any separate terms expressly stated to apply to a particular Service, form the agreement between the Supplier and the User in relation to the Services.

1.3         If there is any inconsistency between these Terms and Schedule 1, Schedule 1 prevails in relation to the relevant Service unless expressly stated otherwise.

1.4         Nothing in these Terms limits any rights the User may have under applicable consumer law, including the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

2.    Interpretation

2.1         The definitions and rules of interpretation in this paragraph apply in this agreement.                  

Agreement: these Terms and Conditions, together with any Schedules and any other documents expressly referred to in them, in each case as amended from time to time in accordance with these Terms and Conditions.                   

Books means the Supplier’s online-only books and related digital content, written by or for the Supplier, dealing with addiction, recovery, personal development and support, made available online only and not as printed copies unless we expressly state otherwise.

User Data: the data provided by or inputted by the User, or the Supplier on the User's behalf for the purpose of using the Services or facilitating the User's use of the Services. 

Effective Date: means the date the Agreement starts, being the date the Supplier accepts the User’s Order.                  

Fees: the fees payable by the User to the Supplier for the Subscriptions, as set out in the Order and accepted by the Supplier.                  

Group Coaching Sessions: any group-based support or recovery session made available by the Supplier as part of the Services, whether delivered online or in person, and whether live or recorded, as further described in Schedule 1 and/or the relevant Order.

Initial Subscription Term: the first fixed period for which the User subscribes to the Services, beginning when the Supplier accepts the User’s Order and ending on the date stated in the Order or the Order confirmation sent by the Supplier (if different).                    

Online Community: the interactive online forum, message board, chat space, community area or similar feature made available by the Supplier as part of the Services, through which Users may post, share, view, react to or discuss content with other Users, subject always to these Terms and Conditions and the User Guidelines.                  

Order:  the User’s online request to subscribe to or purchase one or more Services via the Website, as accepted by the Supplier under paragraph 3.3 and which, once accepted by the Supplier in accordance with these Terms and Conditions, forms a binding contract between the Supplier and the User for the relevant Service.                  

Platform: the online platform, portal, application or other digital environment operated by or on behalf of the Supplier that is accessible only after the User has subscribed to the relevant Services via the Website or otherwise been granted access by the Supplier, and through which the Supplier makes available certain Services, content, features and functionality; for the avoidance of doubt, the Platform does not include the Website.                 

Services: as defined at paragraph 4.1.                  

Subscription means the recurring arrangement under which the User obtains continuing access to the Platform and any other recurring Services selected in the Order, subject to payment of the applicable Fees and these Terms and Conditions.                  

Subscription Term: each initial and renewal period during which the User’s Subscription remains active and the User is entitled to access the applicable Services, starting on the date the Supplier accepts the User’s Order and continuing until the Subscription is cancelled, expires or is otherwise terminated under these Terms and Conditions.                  

“User”, “you” or “your” means the consumer placing an Order and receiving the Services.                  

User Guidelines: the guidelines setting out how Users must use the Services, on unboundformen.com as may be updated from time to time. The version in force at the relevant time will apply, except where a change is not permitted under these Terms and Conditions or applicable law.

Virus: any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

Website: the Supplier’s public-facing website through which the User may view information about the Services, place an Order and subscribe to the relevant Services, but which does not itself include the Platform.

3.    Orders

3.1         The User may place an Order for one or more of the Services via the Website by following the online ordering process made available by the Supplier from time to time and selecting the Services the User wishes to subscribe to or purchase.

3.2        By submitting an Order, the User offers to purchase or subscribe to the Services selected in that Order in accordance with these Terms and Conditions.

3.3        No contract will come into existence until the Supplier has accepted the User’s Order. The Supplier may accept an Order by any of the following: 

(a)    confirming an Order by email; 

(b)    enabling access to the Platform or any other part of the Service; 

(c)     scheduling or confirming onboarding; or

(d)     otherwise notifying the User that the Order has been accepted.

3.4        After acceptance of the Order, the Supplier may arrange an onboarding call or other onboarding process to help the User begin using the Services. Any such onboarding call is an introductory step only and does not form part of the Supplier’s acceptance of the Order unless expressly stated otherwise.

3.5        The Supplier may reject an Order before acceptance for any legitimate reason, including where:

(a)        the relevant Service is unavailable;

(b)        payment cannot be processed;

(c)         the User does not satisfy any eligibility criteria stated on the Website or in these Terms and Conditions; or

(d)        the Supplier reasonably believes the User’s Order is incomplete, inaccurate or fraudulent.

3.6        Subject to the User placing an Order which is then accepted by the Supplier, the Supplier grants to the User a non-exclusive, non-transferable right and licence, without the right to grant sublicences, to use the Services during the Subscription Term solely for the User's own purposes. 

4.   Services

4.1        The Services means the services, content and features selected by the User in the Order and accepted by the Supplier, which may include one or more of the following

(a)        access to and use of the Platform;

(b)        access to the Books;

(c)        participation in the Group Coaching Sessions; and

(d)        access to the Online Community,each as further described in Schedule 1.

4.2        The User’s access to and use of the Services will be subject to the User Guidelines. 

4.3        A User’s entitlement to receive any particular Service depends on that Service being selected by the User in the relevant Order and accepted by the Supplier.

4.4        If there is any inconsistency between this paragraph and Schedule 1, the wording of Schedule 1 will prevail in relation to the relevant Service, unless expressly stated otherwise.

5.    Online Community

5.1         If the Services being provided include access to an Online Community, you must comply with the User Guidelines when accessing and using the Online Community.

5.2        Content, information, views, comments, messages, posts and other materials shared in the Online Community are user-generated and are not provided by us.

5.3        You are solely responsible for any content you post, upload, transmit or otherwise share in the Online Community, and for any consequences arising from your participation.

5.4        You must not post, upload, transmit or otherwise share any material in the Online Community that is unlawful, defamatory, abusive, discriminatory, obscene, harassing, threatening, misleading, infringing or otherwise inappropriate, or that is intended to cause harm, distress or offence to any person.

5.5         The Online Community is intended for peer support only. You must not use it to share any information that is medically sensitive, confidential, or criminally incriminating, or any other information that it would be inappropriate or unsafe to disclose.

5.6         To the fullest extent permitted by law, we are not responsible or liable for any loss or damage arising out of or in connection with any communication, interaction, exchange, reliance or transaction between users in the Online Community or between you and any third party introduced through the Online Community, except to the extent that liability cannot lawfully be excluded or limited.

5.7         The Privacy Policy applies in addition to this paragraph and, in the event of any inconsistency, the Privacy Policy prevails to the extent of the inconsistency.

6.    Limitations of the Service

6.1         The Services are designed to provide online support, education, information and peer-based interaction in relation to addiction, recovery, personal development and related wellbeing topics.

6.2       The Services are not a substitute for medical care, diagnosis, treatment or emergency support. We do not provide medical advice, clinical advice, diagnosis or treatment through the Services, and you should not rely on the Services as a substitute for advice from a qualified medical practitioner, therapist, mental health professional or other appropriate professional.

6.3       Any 1:1 therapy or counselling services are not provided under these Terms and Conditions. If you access any 1:1 therapy or counselling, those services will be governed by separate terms agreed between you and the relevant therapist or provider. We are not responsible for those separate services except to the extent that liability cannot lawfully be excluded.

6.4       The Services, including any Group Coaching Sessions and the Online Community, are intended to provide general support only. We do not guarantee any particular outcome, result or improvement from your use of the Services.

6.5       You are responsible for deciding whether the Services are suitable for you. If you have any medical, psychological or safeguarding concerns, or if you are unsure whether it is appropriate for you to use the Services, you should seek advice from an appropriate qualified professional before relying on the Services.

6.6        If you are in crisis, at immediate risk of harm, or concerned about the safety of yourself or another person, you must contact emergency services or another appropriate crisis support service immediately. The Services are not monitored for emergencies and must not be used in place of urgent assistance.

6.7        You are responsible for any information, content or material that you choose to share, submit, upload or disclose through the Services, including in any Group Therapy Session, the Online Community or any other interactive feature.

6.8        You must not share, submit, upload or disclose any information or material through the Services that is unlawful, defamatory, obscene, abusive, threatening, harassing, misleading, discriminatory, or otherwise harmful.

6.9        In particular, you should not disclose through the Services any information that is confidential, highly sensitive or potentially incriminating unless you have considered the risks and are content to do so. You remain solely responsible for your own disclosures and for any consequences arising from them, subject always to applicable law.

6.10      We do not monitor, verify or take responsibility for information that you or other users choose to share through the Services, and we are not responsible for any reliance placed on user-generated content or peer support content by you or any third party, subject always to applicable law.

6.11       We may remove or moderate content, and may suspend or restrict access to the Services, where we reasonably consider this necessary to protect users, comply with law, or address inappropriate, unsafe or unlawful conduct.

6.12       Nothing in these Terms and Conditions limits or excludes our liability where it would be unlawful to do so, including liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any consumer rights which cannot lawfully be excluded.

7.   Pre-contract information

7.1         We will provide the User with the key pre-contract information required by law before the User places the Order, including:

(a)        the main characteristics of the Services;

(b)        the Fees;

(c)        the duration of the Subscription Term

(d)        any minimum commitment period;

(e)        renewal and cancellation information;

(f)          where applicable, any right to cancel and the circumstances in which that right may be lost; 

(g)        our contact details; and 

(h)        complaint handling arrangements. 

7.2        The User acknowledges that the information displayed during the online ordering process forms part of the legal information provided before the contract is entered into.

8.   User obligations

8.1        The Services are intended for consumers only.

8.2        By placing an Order, the User confirms that:

(a)        they are acting wholly or mainly outside their trade, business, craft or profession;

(b)        they are at least 18 years old;

(c)        the information provided in the Order is true, accurate and complete; and

(d)        they are legally capable of entering into a binding contract.

8.3        The User must:

(a)        provide accurate information at all times;

(b)        keep login details confidential;

(c)         not share access with anyone else;

(d)        use the Services only for lawful purposes; and

(e)        comply with the User Guidelines and platform rules notified by us from time to time.

8.4        The User agrees that it will not access, store, distribute or transmit any Viruses, or any material during the course of its use of the Services that:

(a)        is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

(b)        facilitates illegal activity;

(c)         depicts sexually explicit images;

(d)        promotes unlawful violence;

(e)        is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or

(f)         is otherwise illegal or causes damage or injury to any person or property;and the Supplier reserves the right, without liability or prejudice to its other rights, to disable the User’s access to any material that breaches the provisions of this paragraph.

8.5        The User will not:

(a)        use the Services to obtain emergency, crisis or acute clinical support;

(b)        except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:

(i)  attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means; or

(ii)  attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services; or

(c)         access all or any part of the Services in order to build a product or service which competes with the Services; 

(d)        use the Services to provide Services to third parties; 

(e)        license, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit the Services;

(f)         attempt to obtain, or assist third parties in obtaining, access to the Services other than as provided under this paragraph 8; 

(g)        introduce or permit the introduction of any Virus into the Services or the Supplier's network and information systems. 

8.6        The User will use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, promptly notify the Supplier.

9.    Supplier's obligations

9.1         We will provide the Services with reasonable care and skill, consistent with the requirements of the Consumer Rights Act 2015.

9.2        Any digital content forming part of the Services will be:

(a)        of satisfactory quality;

(b)        fit for the particular purpose made known to us, where applicable; and

(c)         as described.

9.3       Any service forming part of the Services will be:

(a)        performed with reasonable care and skill;

(b)        performed within a reasonable time where no time is fixed; and

(c)        performed for a reasonable price where no price is agreed, to the extent required by law.

9.4        If we need to make a change to the Services for a valid reason, we will only do so to the extent permitted by law and, if the change is material and adversely affects the User’s use of the Services, we will give the User reasonable notice where reasonably practicable.

9.5        If the Services do not conform with this Agreement, the Supplier will, at its expense, use reasonable commercial endeavours to correct the relevant non-conformance promptly after becoming aware of it or being notified of it by the User, provided that this paragraph will not apply to the extent that the non-conformance is caused by:

(a)        use of the Services contrary to the Supplier’s reasonable instructions;

(b)        the User’s breach of this Agreement; or

(c)        modification or alteration of the Services by any person other than the Supplier or the Supplier’s duly authorised contractors or agents.

9.6       The Supplier does not warrant that:

(a)        the User’s use of the Services will be uninterrupted or error-free; or

(b)        the Services, or any information obtained by the User through the Services, will meet the User’s requirements.

9.7        The Supplier is not responsible for any delay, delivery failure or other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, to the extent that the delay, failure, loss or damage is outside the Supplier’s reasonable control. The User acknowledges that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

9.8         The Supplier warrants that it has and will maintain all necessary licences, consents and permissions necessary for the performance of its obligations under this Agreement.

9.9         Nothing in this paragraph  excludes or limits any right, remedy or liability that cannot lawfully be excluded or limited, including the User’s statutory rights under the Consumer Rights Act 2015 or liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.

10.  Fees

10.1        The User must pay the Fees for the Services in accordance with this clause 10 and the accepted Order.

10.2        The Fees payable for the Services are those displayed on the Website, or otherwise notified to the User in the Order, at the time the Order is placed and accepted by the Supplier, unless the Supplier and the User agree otherwise in writing.

10.3         Unless stated otherwise in the Order, all Fees are payable in advance.

10.4         Unless the Supplier states otherwise, all Fees are exclusive of VAT and any other applicable taxes, which will be added where required by law.

10.5         Where the Services are provided on a subscription basis, the User authorises the Supplier and its payment service provider to take payment of the relevant recurring Fees using the payment method provided by the User, in accordance with the selected billing cycle, until the subscription is cancelled or terminated in accordance with these Terms and Conditions.

10.6         Unless otherwise stated in the Order, subscriptions will renew automatically at the end of each subscription period for a further period of the same length, unless the User cancels the subscription in accordance with these Terms and Conditions.

10.7         The Supplier may change the Fees for any future subscription period by giving the User reasonable advance notice in accordance with applicable law. Any change will take effect from the next renewal date after the notice period expires.

10.8         If the User does not agree to a change to the Fees, the User may cancel the relevant subscription before the change takes effect.

10.9         If any payment is declined, reversed or otherwise fails, the Supplier may notify the User and attempt to collect payment again using the same or another payment method provided by the User. The Supplier may suspend access to the relevant Services until all overdue amounts have been paid in full.

10.10      If the User cancels a subscription, cancellation will take effect at the end of the then-current subscription period unless otherwise required by applicable law.10.11      Subject to applicable law and any express refund right stated in these Terms and Conditions, Fees are non-refundable once paid.

10.12      Nothing in these Terms and Conditions affects any right to a refund, cancellation or other remedy that the User may have under applicable consumer law, including in relation to services not supplied with reasonable care and skill or where the User validly exercises a statutory right to cancel.

10.13      The Supplier may make reasonable changes to the payment methods it accepts from time to time.

11.  Subscription term, renewal and reminders

11.1         When the Agreement starts: The Agreement will start when the Supplier accepts the User’s Order in accordance with these Terms and Conditions. From that point, the User will have access to the Services for the Initial Subscription Term as stated in the Order.

11.2       Initial Subscription Term and renewal: Unless the User cancels it or it is terminated earlier in accordance with these Terms and Conditions, the Agreement will continue for the Initial Subscription Term and will then automatically renew for further periods of 12 months each (each a Renewal Period). The Initial Subscription Term and any Renewal Period together are the Subscription Term. 

11.3       Fees: The Supplier shall be entitled to increase the Fees, at the start of each Renewal Period upon 90 days' prior notice to the User.

11.4       Information before renewal: Before each renewal, we will provide the User with clear information about:

(a)        the renewal date;

(b)        the amount payable on renewal;

(c)         any changes to the Services or Fees;

(d)        how to cancel; and

(e)        any other information required by applicable consumer law.

11.5       How the User can cancel: The User may cancel the Agreement at any time by giving the Supplier written notice of cancellation at least 30 days before the end of the Initial Subscription Term or the then-current Renewal Period. If the User gives notice in time, the Agreement will end at the end of that Initial Subscription Term or Renewal Period.

11.6        What happens if the User cancels: If the User cancels in accordance with paragraph 11.5, the User will continue to have access to the Services until the end of the relevant Initial Subscription Term or Renewal Period, and the User will not be charged any further Fees after that date, except for any amounts already due and payable.

11.7        Supplier termination rights: Without affecting any other right or remedy available to it, the Supplier may suspend the User’s access to the Services and/or end the Agreement immediately by written notice if:

(a)        the User does not pay any Fee or other amount due when it is due and does not put that right within 7 days of being asked to do so;(b)        the User seriously or repeatedly breaks these Terms and Conditions;

(c)        the User uses the Services in a way that is unlawful, abusive, harmful, fraudulent, threatening, or seriously inappropriate;

(d)        the User breaches the rules for the Online Community, any confidentiality obligation, or any intellectual property restriction;

(e)        the Supplier reasonably believes that continuing to provide the Services to the User would create a safeguarding, legal, security, or reputational risk; or

(f)         the User is otherwise misusing the Services in a way that materially affects the Supplier, the Platform, other users, or any third party.

11.8       What happens when the Agreement ends: When the Agreement ends for any reason:

(a)        all licences granted under these Terms and Conditions will end immediately;

(b)        the User must stop using the Services, the Platform, the Website content and any other Supplier materials made available under these Terms and Conditions;

(c)         the Supplier may remove or disable the User’s access to the Services;

(d)        the Supplier may deal with User Data in accordance with the Privacy Policy and applicable law, including retaining data where required or permitted by law;

(e)        any rights or obligations that have already arisen will continue; and

(f)         any provision of this Agreement which is expressed to survive termination, or which by its nature should survive termination, will continue in force.

11.9       Consumer rights: Nothing in these Terms and Conditions affects the User’s statutory rights, including any right to cancel under consumer law where that right applies, or any right to a refund that cannot lawfully be excluded.

11.10      No effect on separate terms: If the User has also entered into separate terms for any 1:1 therapy or other separate service, the end of this Agreement will not automatically end those separate terms unless those terms say otherwise.

12.   Right to cancel

12.1         Users may have a right to cancel the Order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

12.2        The cancellation period is 14 days from the day after the contract is concluded in respect of services and digital content supplied other than on a tangible medium, unless an exception applies or the right to cancel is lost in accordance with applicable law.

12.3         If you request that we begin providing a Service during the cancellation period, you expressly request early performance of that service and acknowledge that:

(a) if you cancel after performance has begun, you must pay for the value of the Services supplied up to the time of cancellation; and

(b) for digital content not supplied on a tangible medium, you lose your right to cancel once supply has begun, provided you gave express consent to immediate supply and acknowledged the loss of your cancellation right.

12.4         If digital content is supplied without the User giving the required express consent, the right to cancel will continue unless and until the legal conditions for loss of that right are satisfied.

12.5         To exercise the right to cancel, the User must tell us clearly by email or post using the contact details on the Website, or using the model cancellation form at Schedule 2, although the User does not have to use the form.

12.6         If the User cancels in time, we will reimburse all payments received from the User for the cancelled Services, subject to any lawful deduction for services supplied before cancellation where permitted by law.

12.7         We will make any reimbursement without undue delay and in any event within the period required by law, using the same means of payment as the User used for the initial transaction unless the User agrees otherwise.

13.   Exceptions and special treatment for digital content

13.1         The Books and any other digital content provided as part of the Services may be supplied immediately after purchase if the User expressly requests this and acknowledges the loss of the right to cancel where the law permits that loss.

13.2          We will not require the User to waive statutory cancellation rights unless the legal conditions for such waiver are satisfied and the relevant express consent and acknowledgment have been obtained.

13.3          Where the Services include a mix of digital content and services, the cancellation treatment may differ depending on what has been supplied and when.

14.    Intellectual property

14.1         All intellectual property rights in the Platform, Website, Books and any other content or materials provided by or on behalf of the Supplier in connection with the Services (including text, graphics, logos, audio, video, downloads, documents, design, layout and functionality) remain owned by the Supplier or its licensors.

14.2         The User is granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services for the User’s own personal, non-commercial use only, and only in accordance with these Terms and Conditions.

14.3         Except as expressly permitted by these Terms and Conditions or by applicable law, the User must not copy, reproduce, duplicate, screenshot, record, republish, upload, post, transmit, distribute, sell, licence, sub-licence, adapt, modify, translate, create derivative works from, or otherwise make available any part of the Services or any content comprised in the Services, whether in whole or in part.

14.4         The User acquires no ownership rights in the Books, Platform, Website or any related content, and all rights not expressly granted to the User are reserved by the Supplier and its licensors.

14.5         Nothing in this paragraph prevents the User from doing anything that cannot lawfully be restricted or excluded, including any use permitted by applicable law.

15.  Confidentiality

15.1         Each User must keep confidential and must not disclose to any third party any confidential information relating to another User, the Supplier, the Services, the Platform, the Books, or any discussion, message, post or other material shared through the Services, except to the extent that disclosure is permitted under these Terms and Conditions or required by law.

15.2         The Supplier will use reasonable care to keep confidential any personal information or other confidential information provided by a User in connection with the Services, but this obligation is subject to the Privacy Policy, any applicable law, any disclosure required for safeguarding or emergency purposes, and any disclosure reasonably necessary to operate, provide, secure, enforce or improve the Services.

15.3         The User acknowledges that the Services are not a fully confidential medical or therapeutic service and that confidentiality cannot be guaranteed in every circumstance, including where disclosure is required or permitted by law or is necessary to prevent harm, address safeguarding concerns, or comply with the Supplier’s legal obligations.

15.4         Nothing in these Terms and Conditions prevents either party from making a disclosure that is required by law or reasonably necessary to report a concern about unlawful conduct, safeguarding, fraud, abuse, serious harm or risk to life or safety.

16.   Complaints

16.1         If the User has a complaint, the User should contact us at maktuno@uboundformen.com

16.2         We will investigate complaints in a fair and timely manner and will aim to respond within a reasonable period.

17.  Data Protection

17.1         The Supplier will process any personal data it collects from or about the User, including any special category personal data the User chooses to provide, as a controller for the purposes of applicable data protection law.

17.2         The Supplier will process personal data in accordance with its Privacy Policy, which explains in more detail how and why personal data is collected, used, stored, shared and retained. The Privacy Policy is available on the Website and forms part of these Terms and Conditions.

17.3         The User acknowledges that, in using the Services, they may choose to share personal data, including sensitive information, with the Supplier and, where applicable, with other Users through the Platform, the Online Community or Group Therapy Sessions. The User is responsible for deciding what information they share and should not submit or disclose any information they are not comfortable being seen by others or processed in accordance with these Terms and Conditions and the Privacy Policy.

17.4         The User must not upload or provide personal data relating to any other person unless they have the legal right to do so.

17.5         The Supplier may record, monitor, store and review communications, posts and submissions made through the Services where reasonably necessary to: (a) operate, improve, safeguard and administer the Services; (b) enforce these Terms and Conditions; (c) comply with applicable law; or (d) protect the rights, property or safety of the Supplier, its personnel, other Users or any third party.

17.6         Nothing in these Terms and Conditions limits or excludes any rights the User may have under applicable data protection law or the Privacy Policy.

18.   Indemnity

18.1         The User shall defend, indemnify and hold harmless the Supplier against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with:(a)         the User's use of the Services; (b)        any breach by the User of this Agreement. 

19.   Limitation of liability

19.1         In this paragraph 19:

(a)        liability means any liability arising under or in connection with this Agreement, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise; and

(b)        default means any act or omission by a party which gives rise to liability to the other party.1

9.2        The User is responsible for:

(a)        ensuring that any information, materials, instructions, answers, disclosures, preferences or other content that the User provides to the Supplier are complete, accurate and not misleading, and for checking that they remain suitable for the User’s circumstances;

(b)        the User’s own compliance, governance, regulatory and risk management arrangements; and

(c)         obtaining any legal, medical, financial, professional, regulatory or other specialist advice or services the User needs in connection with the User’s own circumstances, business or decision-making.

19.3       Nothing in this Agreement:

(a)         affects the User’s statutory rights under consumer law, including the User’s rights under the Consumer Rights Act 2015 and any other law that applies to the Services or any digital content;

(b)         excludes or limits any terms that are required by law to be treated as included in this Agreement;

(c)         excludes or limits the Supplier’s liability for death or personal injury caused by the Supplier’s negligence; or

(d)         excludes or limits the Supplier’s liability for fraud or fraudulent misrepresentation.

19.4        Subject to paragraph 19.3, the Supplier’s total liability arising out of or in connection with the Agreement, whether in contract, tort (including negligence), misrepresentation, restitution, breach of statutory duty or otherwise, shall in no event exceed an amount equal to 12 months’ Fees calculated at the rate applicable to the User at the time the claim arose, regardless of how long the User has been subscribed; or how much the User has actually paid before the claim arose:

19.5         Paragraph 19.4 does not apply to any liability that cannot lawfully be limited or excluded.

20.   Force majeure

Neither party shall be in breach of this Agreement or otherwise liable for any delay or failure in the performance of its obligations for so long as and to the extent that such delay or failure results from events, circumstances or causes beyond its reasonable control. If the period of delay or non-performance continues for 60 days, the party not affected may terminate this Agreement by giving not less than 10 days’ written notice to the affected party.

21.  Variation

21.1         We may amend these Terms and Conditions from time to time where permitted by law. Any material change will only apply to future Orders or to continuing contracts where lawful notice has been given. 

22.   Severance

22.1         If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.

22.2         If any provision or part-provision of this Agreement is deemed deleted under paragraph 22.1, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

23.   Third party rights

23.1         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.

24.           Governing lawThis Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales.

25.           JurisdictionEach party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

Schedule 1 – Service description and Service-specific terms

This Schedule forms part of, and is subject to, the Terms and Conditions. Unless otherwise defined in this Schedule, capitalised terms have the meaning given in the Terms and Conditions.

1.     Platform Access

1.1.    The Supplier may provide the User with access to the Platform, including online tools, resources and functionality made available from time to time.

1.2.    Platform access is provided on a subscription or other access basis as set out in the applicable Order.

1.3.    The User acknowledges that the Platform may be updated, modified, suspended or withdrawn in accordance with the Terms and Conditions.

2. Books

2.1.    The Supplier may make available certain proprietary books, workbooks and related written materials, which are created by or for the Supplier and relate to addiction, personal development and support.

2.2.    The Books are made available exclusively in digital form through the Platform or by other online means.

2.3.    The Books are supplied as a separate add-on Service and are not included in standard Platform access unless expressly stated in the applicable Order.

2.4.    Subject to payment of the applicable Fees, the User is granted access to the Books for the period stated in the applicable Order or, if no period is stated, for the duration of the User’s valid access to the relevant Service.

2.5.    The User must not copy, reproduce, distribute, share, resell, publish or otherwise exploit the Books except as expressly permitted under these Terms and Conditions.

2.6.    The Supplier may update, amend or replace the Books from time to time to improve content, accuracy or user experience. 

3.     Group Coaching Sessions

3.1.    The Supplier may provide access to online group coaching sessions.

3.2.    Group coaching Sessions are subject to availability and may be delivered by the Supplier or by appropriately qualified third-party facilitators.

3.3.    Booking, cancellation, attendance and conduct requirements for Group coaching Sessions apply as notified at the time of booking or in the applicable Order.

3.4.    Unless stated otherwise, Group coaching Sessions are not recorded and are provided for the scheduled session only.

3.5.    Users must comply with the User Guidelines at all times when participating in the Group coaching Sessions. 

4. One-to-one therapy sessions

4.1.    The Supplier may facilitate access to one-to-one therapy sessions.

4.2.    One-to-one therapy sessions are provided subject to separate psychotherapist terms and conditions, which prevail in relation to those sessions.

4.3.    The Supplier does not guarantee that a particular therapist will be available at any given time.

4.4.    Any clinical, therapeutic or professional obligations relating to one-to-one therapy sessions are governed by the separate psychotherapist terms.

5.      Online Community

5.1.    The Supplier may provide access to an online community, forum, chat function or similar interactive feature.

5.2.    The User must comply with any community rules, moderation policies and acceptable use requirements notified by the Supplier.

5.3.     The Supplier may monitor, moderate, suspend or remove content or users in accordance with the Terms and any applicable community rules.

5.4.    The User acknowledges that the online community is not a substitute for professional medical or emergency support.

5.5.    The User must comply with the User Guidelines at all times when participating in the Online Community.

6.      General

6.1.    The Services described in this Appendix may be offered separately or together, depending on the applicable Order.

6.2.    The Supplier may amend the format, content or delivery method of any Service in accordance with the Terms and Conditions.

6.3.    Any service-specific restrictions, eligibility criteria, age limits, technical requirements or usage limits applicable to a Service will be set out in the applicable Order or notified by the Supplier from time to time.

Schedule 2 - Cancellation information and model form

Right to cancel

If you are a consumer, you may have a legal right to cancel your Order within 14 days without giving any reason, subject to the exceptions and qualifications set out in these Terms and in consumer law.

How to cancel

To cancel, you should contact us at:

maktuno@unboundformen.com

2 Tower House, Hoddesdon, Herts EN11 8UR

You may use the model cancellation form below, but you do not have to.

Model cancellation form

To: [Supplier name, email address, postal address] 

I hereby give notice that I cancel my contract for the supply of the following Services: 

Ordered on:

Name of consumer:

Address of consumer:

Email address of consumer:

Date: 

Schedule 3 – User Guidelines

These User Guidelines apply to your use of the Website, Platform, Online Community, Group Coaching Sessions and any other area of the Services where you can post, share, upload, message, comment, react, participate, speak or otherwise interact with us or with other users.By using the Online Community or attending any Group Coaching Session, you agree to follow these rules.

1.         General Standards of Conduct

1.1        You must act respectfully, responsibly and in good faith at all times.

1.2        You must not behave in a way that is abusive, disruptive, threatening, intimidating, misleading, manipulative, coercive, bullying, harassing, discriminatory or otherwise inappropriate.

1.3         You must not use the Services to target, shame, pressure or exploit the vulnerability of any other user.

1.4         You must not repeatedly contact another user after being asked to stop, or otherwise behave in a way that could reasonably make another person feel unsafe, excluded or distressed.

1.5          You must follow any reasonable instructions given by the Supplier, therapist, moderator or session host for the proper running of the Services, including any Group Therapy Session.

2.         Respect for Others

2.1          You must treat other users, the Supplier, and any therapist, facilitator or moderator with courtesy and respect.

2.2         You must not post or say anything that is:

(a)          unlawful;

(b)          obscene;

(c)          defamatory;

(d)          abusive

(e)          threatening;

(f)           hateful;

(g)          discriminatory;

(h)          racist;

(i)            sexist;

(j)            homophobic;

(k)          transphobic;

(l)            ableist; or

(m)         otherwise likely to cause serious offence, distress or harm.

2.3          You must not encourage, glorify, normalise or trivialise violence, abuse, self-harm, eating disorders, substance misuse, relapse, criminal conduct or unsafe behaviour.

2.4         You must not pressure any other user to disclose personal information, traumatic experiences, medical information or criminal allegations.

3.          Safeguarding and Sensitive Content

3.1         You must not post or say anything that encourages self-harm, suicide, overdose, unsafe detoxing, unsafe withdrawal, unlawful drug use, harmful restriction of food or fluid, or any other dangerous behaviour.

3.2         You must not give medical, therapeutic or crisis advice to other users unless you are expressly authorised by us to do so as part of the Services.

3.3         You must not present yourself as a therapist, clinician, doctor, counsellor, recovery coach, moderator or representative of the Supplier unless you are expressly authorised to do so.

3.4         You must not use the Services to recruit, groom, manipulate or exploit vulnerable users.

3.5         If you become concerned that you or another person may be at risk of harm, you should seek immediate professional, medical or emergency help. The Services are not an emergency service. 

4.          Privacy and Personal Data

4.1          You must not share another person’s personal data, contact details, location, private communications, photographs, recordings, health information or other confidential information without that person’s consent.

4.2         You must not disclose any information about another user that would reasonably identify them, unless they have clearly agreed to that disclosure.

4.3        You must not use the Services to dox, stalk, track, contact or intimidate another person.

4.4        You must not record, screenshot, copy, photograph, transcribe or otherwise capture any part of a Group Therapy Session, Online Community discussion or other user contribution unless we have expressly allowed this in writing.

4.5        You are responsible for deciding what you choose to share. You should only share information that you are comfortable being seen by others and that you are legally and personally able to disclose. 

5.          Confidentiality and Trust

5.1        We may describe the Services as a supportive or private space, but you acknowledge that we cannot guarantee that other users will keep what is said confidential.

5.2        You must therefore not assume that anything you post, say or share in the Online Community or Group Therapy Sessions will remain private.

5.3        You should not share information that is:

(a)         medically sensitive;

(b)         highly personal;

(c)         legally privileged;

(d)         criminally incriminating;

(e)         defamatory; or

(f)          otherwise likely to cause you harm if disclosed.

5.4        The Supplier is not responsible for how other users use, share or respond to information you choose to disclose. 

6.         Content Standards

6.1         You must not upload, post, send, display or share any content that is unlawful, misleading, false, deceptive, fraudulent or materially inaccurate.

6.2        You must not post content that contains:

(a)        viruses, malware, spyware, ransomware or other harmful code;

(b)        spam or bulk unsolicited messages;

(c)        phishing, impersonation or scam content;

(d)        content that infringes intellectual property rights;

(e)        content that breaches a duty of confidence; or

(f)         content that breaches privacy or data protection laws.

6.3        You must not post content that is pornographic or sexually explicit.

6.4       You must not post graphic content, including graphic descriptions of self-harm, violence, abuse, suicide, overdose or bodily harm, unless we have expressly permitted it for a specific therapeutic purpose and even then only in the way we specify.

6.5       You must not use the Services to spread conspiracy theories, misinformation or material likely to undermine the safe operation of the Services. 

7.         Advertising, Promotion and Commercial Use

7.1        You must not use the Services to advertise, market, promote, solicit, sell or fundraise, whether for yourself or any third party, unless we have given prior written permission.

7.2       You must not use the Services to recruit users into other groups, courses, programs, services or communities.

7.3        You must not use the Services to make unsolicited offers, referrals, affiliate promotions, paid links or commercial pitches.

7.4        You must not use the Services to promote products, supplements, medicines, substances, devices or treatments, except where we expressly allow this in writing. 

8.         Intellectual Property and Content Use

8.1        You must not copy, reproduce, record, distribute, publish, adapt, translate, scrape, resell or exploit any part of the Services or any content within them except as permitted by these Terms or applicable law.

8.2         You must not copy or reuse another user’s post, message, contribution or personal story without that person’s permission.

8.3        If you upload or post content, you must have the right to do so and you grant us the rights needed to host, display, store and moderate that content in connection with the Services, in accordance with these Terms and Conditions and our Privacy Policy. 

9.          Fair Participation in Group Coaching Sessions

9.1        If you attend a Group Coaching Session, you must:

(a)         arrive on time and remain present for the session unless you need to leave;

(b)         keep your microphone, camera and chat use to the extent requested by the facilitator;

(c)         not interrupt, dominate, shout over or silence other participants;

(d)         speak honestly and respectfully;

(e)         allow other participants to speak without pressure or interruption; and

(f)          follow any structure set by the facilitator.

9.2         You must not attend a Group Coaching Session while under the influence of alcohol, drugs or any other substance in a way that impairs your judgment, conduct or participation, unless we expressly allow this as part of the relevant service.

9.3        You must not join a Group Coaching Session if your behaviour is likely to disrupt the session, intimidate others or create a safeguarding concern.

9.4        You must not invite third parties to attend a Group Coaching Session unless we have expressly permitted this. 

10.       Prohibited Conduct

10.1       You must not:

(a)          impersonate another person;

(b)          create multiple accounts to avoid sanctions or restrictions;

(c)          bypass moderation or safety controls;

(d)          attempt to access another user’s account or the account of the Supplier;

(e)          interfere with the operation or security of the Website, Platform or Services;

(f)           reverse engineer, decompile, scrape or automate access to the Platform except where permitted by law;

(g)          misuse reporting tools or make malicious complaints;

(h)          encourage others to breach these rules; or

(i)            engage in any conduct that is fraudulent, abusive, unlawful or unsafe. 

11.       Reporting and Moderation

11.1         We may monitor, review, moderate, remove, restrict, edit, hide or refuse to post any content at our discretion where we reasonably consider it necessary to do so.

11.2         We may take action if we reasonably believe you have breached these rules, including:

(a)          issuing a warning;

(b)          removing content;

(c)          muting you;

(d)          suspending access to some or all of the Services;

(e)          terminating your access in accordance with the Terms; or

(f)          reporting the matter to a therapist, safeguarding lead, regulator, law enforcement or other appropriate authority where we reasonably consider that necessary.

11.3        We are not obliged to host, restore or publish any content you submit.

11.4        You may report concerns about another user or content through the reporting process described on the Website or Platform. 

12.       No Waiver of Rights

12.1         These Rules are in addition to, and do not replace, the rest of the Terms and Conditions.

12.2         If there is any conflict between these Rules and the Terms and Conditions, the Terms and Conditions will prevail unless we expressly state otherwise.

12.3         Nothing in these Rules limits any rights you have which cannot lawfully be excluded under applicable consumer law.