Software as a service Terms and Conditions of Use
Last updated: 27th February 2018
1) This Service
The Monkey Mind Online Mental Wellbeing Survey Platform (Service) is provided by Monkey Mind Limited (us) to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions.
You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms & Conditions.
3) Registration and Account Integrity
- As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
- Where we provide an organisation with a number of user licenses for the Service these must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organisation.
- If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.
4) Pricing, Plans and Features
- For current pricing and plans please see the pricing page located on our website.
- We reserve the right to change pricing, plans and the features offered at any time and without notice to you.
5) Payment and Credit Control
- All survey credits must be paid for in advance.
- If you upgrade from a free or trial account to using survey credits you will be immediately charged for the requested amount of survey credits. Your requested survey credits will only be applied to your account once cleared funds have been received.
- Payment can be made via card directly from our website or you can contact us to request that payment be made via BACS.
- You may cancel your account or accounts at any time.
- Cancellation should be done using the facility provided within the Service.
- Cancellation by any other means, including (but not limited to) email, telephone call, fax, text or instant message is not valid.
- No refunds will be provided for remaining unused survey credits.
7) Upgrading or Downgrading Accounts
- It is free to register an account and there are no annual charges. By purchasing ‘survey credits’ you effectively ‘upgrade’ your account and when you run out of ’survey credits’ you effectively downgrade your account.
8) Trial and Offer Periods
- Free surveys and free ‘survey credits’ are offered at our sole discretion and are subject to withdrawal at any time and without notice.
- These Terms and Conditions apply to all trial or offer period accounts.
- If an account remains inactive for a period of 12 months with no surveys being created and sent out and/or no survey credits being purchased, we reserve the right to delete any such accounts after informing the registered account administrator of such impending action via the information provided to us during the account registration process.
9) Technical Support
- Technical support is provided via email and such other means as we decide in order to provide a proper service to users.
- We reserve the right not to provide a full technical support service to free or trial account users.
10) Specific Service Rules
- As a user you agree not to do any of the following:
- Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of ‘us’ or another user or third-party.
- Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
- Use or harvest data provided by other users in a way that they would object to.
- Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.
- Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
- To pose as another user, third-party or organisation employee for the purposes of obtaining user or third-party information.
- To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
- Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by users and us.
- Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.
- Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third-party or infringes any intellectual property law.
- Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
- Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.
- Use the service to offer other organisations mental wellbeing surveys for reward without having prior written agreement with ‘us’.
- Pretend to be a legitimate educational establishment in order to benefit from our educational discounts.
- If you breach these Terms & Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Service. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third-party.
- The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.
11) Content Ownership
- As a user you retain all ownership rights to your own survey results generated by the use of ’survey credits’ purchased from ‘us’.
- Survey results generated from ‘free’ education surveys will be anonymised and collated to form part of a national study with all content being owned by ‘us’.
- We reserve the right to use for educational or promotional purposes, anonymised survey data generated from ’survey credits’ provided free of charge by ‘us’ to any type of educational establishment or organisation.
12) Copyrighted Material
- The Warwick-Edinburgh Mental Wellbeing Scale (WEMWBS) is © NHS Health Scotland, University of Warwick and University of Edinburgh, 2006, all rights reserved.
- Other than the (WEMWBS) survey detailed above all material is © Monkey Mind Limited, 2018 all rights reserved.
13) Content Monitoring
Users can freely add content to the Service. We do not monitor or assume any responsibility for content posted onto the Service. If at any time we decide to monitor the Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.
- We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.
- Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 11 and 18.
15) Access and Backups
- We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, in the event the Service is unavailable or functioning incorrectly either wholly or partly we shall offer (where possible) the opportunity of repeat performance of the Service we should have offered to you in the first place – where appropriate and practical. Where this is not possible we will offer full or part-refunds subject to clause 17.3 below.
- Refunds will not be offered where a third-party provider who supplies a service to you, rather than us causes the issue.
- You are solely responsible for backing up any content or data entered onto the Service by you. We strongly recommend that you regularly and completely backup all of your content and data on the Service.
- We are not responsible for the accuracy of any content on the Service, (except where such Content is provided by us) nor any advertisements placed on the Service.
- We are not responsible for any links to third-party websites from the Service and the inclusion of any link does not imply an endorsement of a third-party website or service by us.
17) Limitation of Liability
- We shall not be liable to you in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits, damage to goodwill or anticipated savings or for any indirect or consequential or loss whatsoever.
- Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.
- In any event our liability and that of our employees, officers and third- party partners shall be limited in any 12 month period to the total Service fees incurred by you in relation to the matter subject to the liability or to a payment of £100, whichever is the greater sum.
You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third-party arising from your breach of these Terms & Conditions whilst using the Service or any other service provided by us.
The paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of these Terms & Conditions or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
21) Entire Terms & Conditions
These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, on giving reasonable prior notice to you.
23) The Consumer Rights Act 2015
These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply where you use the Service strictly as a consumer only.
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. Where applicable your statutory rights are unaffected.