PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE AND/OR APPS. THESE TERMS TO ALL USERS OF OUR WEBSITE AND OUR APPS.
a) Welcome to our website nixy.support(Website) and/or our therapy platforms including our mobile apps (together referred to as our Apps) all of which are operated by NIXY (We). We are registered in England and Wales under company number 12554309 whose registered office is at NIXY Ltd, 20-22 Wenlock Road, London, England, N1 7GU.
2) We may make changes to these terms
We amend these terms from time to time. Every time you wish to visit our Website or use our Apps, please check these terms to ensure you understand the terms that apply at that time.
3) We may transfer this agreement to someone else
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.
4) Lawful use of our Website and Apps
We do not represent that content or services available on or through our Website or Apps are appropriate for use or available in locations other than the United Kingdom. You must only access our Website or Apps or purchase any services through them if it would be lawful to do so in the country where you reside.
5) There are other terms that may apply to you
b) If you purchase services, digital content or any other products on our Apps, our Patient Terms and Conditions will apply to the sales.
6) You must keep your account details safe
a) If you choose, or you are provided with, a user identification code, 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.
7) How you may use material on our Website and Apps
a) We are the owner or the licensee of all intellectual property rights in our Website and our Apps, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
b) You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website or our Apps.
c) You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
d) Our status (and that of any identified contributors) as the authors of content on our Website and Apps must always be acknowledged.
e) You must not use any part of the content on our Website or Apps for commercial purposes without obtaining a licence to do so from us or our licensors.
8) Do not rely on the information on our Website and Apps
a) The content on our Website and Apps is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website and platform.
b) Although we make reasonable efforts to update the information on our Website and Apps, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website and Apps is accurate, complete or up to date.
9) We are not responsible for websites we link to
a) Where our Website and Apps 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.
b) We have no control over the contents of those sites or resources.
10) Our liability
(a) Viruses and damage to computer equipment:
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or Apps or to your downloading of any content on it, or on any website and/or app linked to it.
(b) Whether you are a consumer or a business user:
i) 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 and for fraud or fraudulent misrepresentation.
ii) Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services, digital content or other products to you, which are set Patient Terms and Conditions.
(c) If you are a business user:
i) We exclude all implied conditions, warranties, representations or other terms that may apply to our Apps or any content on them.
ii) We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Website or Apps; or
- use of or reliance on any content displayed on our Website or Apps.
(iii) In particular, we will not be liable for:
(1) loss of profits, sales, business, or revenue;
(2) business interruption;
(3) loss of anticipated savings;
(4) loss of business opportunity, goodwill or reputation; or
(5) any indirect or consequential loss or damage.
(d) If you are a consumer user:
Please note that we only provide our Website and Apps for domestic and private use. 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 this contract 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 the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
You agree not to use our Website or Apps for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
(11) Website and/or Apps content
a) Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on our Website and Apps for any particular purpose, save where we have expressly agreed how you may use materials for which you have paid. We acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent of the law. Your use of any information or materials on our Website or Apps is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our Website or Apps meet your specific requirements. Our Website and Apps content is not intended to amount to advice on which you should rely or a tool for diagnosis. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website or Apps.
b) We assume no responsibility for the content of websites and apps linked to on our Apps. Such links should not be interpreted as endorsement by us of those linked websites and apps. We will not be liable for any loss or damage that may arise from your use of them.
c) Our Website and Apps contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited.
12) Accessing our Website and Apps
a) Access to our Website and Apps are made available free of charge, although online consultations, live chat, and other sessions with self-employed practitioners who provide therapy and related services to users (referred to as Psychologists in these terms) made through our Apps and certain content on our Apps are charged for (see our Patient Terms and Conditions). We do not guarantee that our Website and Apps, or any content on them, will always be available or be uninterrupted. Access to our Website and Apps are permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Apps without notice. We will not be liable to you if for any reason our Website and Apps are unavailable at any time, save where set out in our Patient Terms and Conditions.
c) We do not guarantee that our Website and Apps will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and applications in order to access our Website and Apps. You should use your own virus protection software.
13) Use of Our Website and Apps:
a) You may use our Website and Apps only for lawful purposes. You may not use our Website and Apps:
i) In any way that breaches any applicable local, national or international law or regulation.
ii) In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
iii) For the purpose of harming or attempting to harm any person in any way.
iv) To bully, insult, intimidate or humiliate any person.
v) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
14) Linking to our Website
You may link to the homepage of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site or app. You must not establish a link to our site in any website that is not owned by you, We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out above in clause 13 (Use of Our Website and Apps). If you wish to make any use of content on our Website and Apps other than that set out above, please contact us in the first instance.
15) Which country’s laws apply to any disputes?
a) If you are a consumer, please note that these terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you reside outside the United Kingdom you may have a right for a court in the country in which you reside to have jurisdiction, but in the absence of any such right, you agree that the courts of England and Wales will have exclusive jurisdiction.
b) If you are a business, these terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the non-exclusive jurisdiction of the courts of England and Wales.
16) Our trademarks
The registered figurative mark with the text “NIXY” registered in the United Kingdom with Trade mark number UK00003497921 under class 9 and the those unregistered trade marks including the text “NIXY” used on this site are trademarks of NIXY Ltd. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under clause 13 (Use of Our Website and Apps).