Motional

Measuring and Improving Mental Health and Well-being

Terms and Conditions

Motional Website Terms and Conditions

Introduction

The following are the Terms and Conditions for the Motional website, owned and operated by Steps Along The Way Ltd. Steps Along the Way is a company registered at Companies House with an address of 5f South Hams Business Park, Kingsbridge, Devon, TQ7 3QH and Company number 10980863.

For the purposes of these terms the company will be referred to as Motional.

These Terms and Conditions apply in whole or in part to all individuals or entities who use, interact with or just visit the site. Specific obligations are outlined below. If a specific term or clause is not clearly indicated as applying only to a certain group then that term or clause applies to any one whether they are a user or visitor.

Motional is a website that provides web based tools and services designed to assist with the provision of mental health services to students and therefore improve overall services to those who need them.

1. Notice to all visitors and users

Security – A majority of this site can only be accessed through the use of a secure login and password given only to individuals who have authorisation to become a user. A user will only be able to access areas of the site tied to the Account of the Authorising organisation or entity (Account Authority).

Because of the sensitive nature of the information accessible on this site it is important that all individuals or entities visiting the site take measures to ensure the site remains secure as Motional can only do so much to create a secure service.

Therefore:

Visitors – without authorisation to access an account or accounts on this site must not attempt, in any way, to circumvent security measures that are in place in order to attempt to access or disrupt the website, its services and accounts.

Users – (This section includes users accessing the website through an individual account). Users must only access an account with a Password of sufficient strength that is changed regularly, is not used for other log-ins (Particularly on Social Media Accounts) and is not shared with anyone else. Security can be severely compromised through weak password protocols.

Users must also refrain from accessing the website via internet that is not secure. This can include public wifi, private wifi without encryption and password access or private wifi that is shared by multiple users without partition. The site security and a strong password can be easily overcome when used on compromised internet access.

Users must not download, copy, share or otherwise use information on the site in any manner that is not approved by the account authority, website administrator or is in breach of the applicable law or regulations including the European General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018.

Account Authority and individual account users – Account Authorities and Individual account users must also maintain appropriate and strong security protocols for access and user authorisation to the website to assist with the ongoing security of the site.

Users must only be authorised where appropriate and after the user is made aware of their obligations to safeguard the security of the site.

Any user who has been found to have misused the site or violated the Terms and Conditions in any way should have their access restricted or terminated, temporarily or permanently as is appropriate.

An Account Authority will be held ultimately responsible for the appropriate use and monitoring of users on the Account Authority’s account.

2. Accounts/Account Access

Accounts are available for individuals or organisations.

Organisational Accounts – Organisations, usually schools, can subscribe to an annual account that allows for a multiple user access. Organisational accounts will require an account authority to be nominated to administrate the access and user profiles for the account.

An organisational account is available for a one year fixed term renewable automatically on a one year basis (see section 3 below for details of termination / cancellation).

Organisational accounts will allow its users to provide the same limited third party access to specific tools available on the site. It is the account authorities responsibility to ensure users are only providing third party access appropriately.

Individual Accounts – Individuals, usually Mental Health or Trauma-Informed Practitioners, can subscribe to an annual, individual account. Individual accounts allow for a single user to access and use the services and tools available through the website.

An individual account is available for 1 year fixed terms renewable automatically on an annual basis. See section 3 below for details of cancellation / termination.

Individual account users will also be permitted to provide limited 3rd party access to specific tools available on the site.

An individual account user must always take appropriate steps to maintain security of their account including using appropriate passwords, changing passwords regularly and not sharing passwords with anyone.

3. Cancellation / Termination

Cancellation – Individual or organisational accounts can only be cancelled at the end of each one – year fixed term. Because the terms are renewable on an annual basis, cancellation for the following years term must be received in writing at least thirty days prior to the end of the current year term.

Termination by Motional – Motional may temporarily or permanently terminate an account if an individual or organisational account holder materially breaches these terms and conditions. A material breach will include any failure to uphold the requirements listed in the statement above regarding website security.

Motional will inform an account holder of any material breach prior to termination except in the case of temporary suspension necessary to ensure the security of the website. An account holder in breach will have up to 20 days to cure the breach or the termination will become permanent.

Termination by Account holder – An individual or organisational account holder may terminate this Agreement if Motional is in material breach of these terms and conditions. A material breach may include failure to provide adequate access to the site during normal business hours.

The Account holder must notify Motional in writing of any such material breach. Motional will have at least 20 working days to remedy the breach before termination takes effect.

Should Motional fail to remedy a material breach in a timely manner and termination occurs, the account holder will be refunded an amount representing the time remaining under the current one year term.

4. Limitation of Liability

Motional strives to always provide the best services and tools to the users of its website. However there is no guarantee that the tools and services will always work as intended or be available 24/7.

It is up to account holders and users to have the requisite training and knowledge to utilise and implement the services and tools appropriately. Motional can take no responsibility for the misuse of any of the tools or services provided or the failure of users to obtain the appropriate training.

Motional will not be held liable for any other forms of damage caused directly or indirectly by the use of the Motional website except where such limitation of liability is contrary to law including for gross negligence or fraud.

In the event that Motional is found liable for any damages arising from the use of its website, such damages will be limited to no more than the value of the account holders one year term

5. Intellectual Property

Motional, its functions, underlying software, business practices, written material and any other original material produced is the sole Intellectual Property of Motional and is protected by the Copyright, Design and Patents Act 1988. All Intellectual Property of Motional and all rights associated with such property remain the property of the Motional throughout the term of this agreement and continue after termination or cancellation.

No copies may be made of any documents or materials produced by Motional without prior written consent from Motional.

Users undertake not to translate, adapt, vary, modify, disassemble, decompile or reverse engineer the Motional system without the prior written consent of Motional.

Users will notify Motional immediately should the User become aware of any unauthorised use of the whole of any part of the Motional system by any person.

Users will be held liable for any damages suffered by Motional through the intentional, unintentional, direct or indirect interference with its Intellectual Property rights through the Users’ actions or inactions or the actions or inactions of any of the User’s employees, associates, partners or agents.

6. Modification

Motional reserves the right to modify or amend these conditions as necessary from time to time. The user will be notified in writing of any such modifications or amendments.

7. Data Protection

The User acknowledges that Motional is a Data Processor of the User’s data for the purposes of the Data Protection Act 2018 and The European General Data Protection Regulation. The User consents to the use of the data for purposes of providing and improving their products and services, to provide to advisers, regulatory authorities, governmental or quasi governmental organisations as required.

Motional is compliant in their processes and procedures with the requirements of the Data Protection Act 2018 and the European General Data Protection Regulation.

Motional will return to the User upon written request all data supplied during the course of Users interaction with Motional via a secure encrypted format upon request by the User and should any data belonging to the User remain under the custody of Motional at the time of the request.

8. Arbitration

Any controversy or claim arising out of or relating to this Agreement or breach of this Agreement shall be settled by Arbitration. Administration shall be administered by an entity mutually agreed to by the parties. Judgment on the award rendered by the Administrator will be binding to both parties and may be entered at any Court with Jurisdiction.

9. Jurisdiction and Choice of Law

This Contract is subject to Jurisdiction in the Courts of England and Wales.
The applicable law in the event of a claim arising under this agreement is the Law of England and Wales.

10. Severability

If any portion of this agreement is found to be void or voidable it shall be removed and all other terms shall remain in full force and effect.

11. Entire Contract

These terms and conditions along with the Scope of Work and Fee Schedule constitute the entire Agreement and understanding between Motional and the user and supersede any previous arrangement, understanding or agreement between them.