1. THESE TERMS
1.1 What these Terms cover. These are the terms and conditions on which you and we contract for us to provide to you subscriptions to use Q and all the apps, technologies and software that we offer in connection with Q (the Products), except where we expressly state that separate terms (and not these) apply.
1.2 Why you should read them. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide the Products to you, how you and we may change or end your subscription (and therefore our contract), what to do if there is a problem and other important information.
1.3 Changes to these Terms. Occasionally we may make changes to these Terms for valid reasons such as improving the existing functions or features of the Products, implementing advancements in science and technology, and reasonable technical adjustments to the Products, ensuring the operability or the security of the Products, and for legal or regulatory reasons. When we make material changes to these Terms we will provide you with notice as appropriate under the circumstances (for example, by sending you an email). In some cases, we will notify you in advance, and the continued use of the Products after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If following receipt of such a notice from us you do not wish to continue using the Products under the new version of these Terms, you may cancel your subscription to the Products by following the procedure set out in paragraph 11.2.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Quintillion Group Limited a company registered in England and Wales. Our company registration number is 10746518 and our registered office is at 5 St Peter’s Court, Middleborough, Colchester CO1 1WD, United Kingdom. Our VAT number is 284157094.
2.2 How to contact us. You can contact us by writing to us at email@example.com or at 5 St Peter’s Court, Middleborough, Colchester CO1 1WD, United Kingdom.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and we will refund you within 14 days by the method you used for payment. This might be, for example, because of unexpected limits on our resources which we could not reasonably plan for or because you are prohibited from receiving our products, services or software under applicable laws.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Where you are procuring the Products for someone else to use. You can procure a subscription to the Products for someone else to use, but our contract to provide the Products is with you and not any user for whom you might be procuring the Products.
4. ABOUT THE PRODUCTS
4.1 What the Products do. The Products provide the following online digital content for 12 to 18 year old users for general information, education, recreation and stimulus:
(a) We psychologically profile the user: In the light of the answers the user provides to our questions, we will provide a profile of our interpretation of how the user has told us they are predisposed to think and act, manage their emotions and relate to others.
(b) We match the user’s profile to everyday situations and problems: In the light of that profile, we will predictively match how the user has told us they like to think and act, manage their emotions and relate to others with certain everyday situations and common problems.
(c) We show the user how their profile might interact with those everyday situations and problems: In the light of their profile and our predictive matching, we will show the user how they might typically react to certain everyday situations and problems, and show them suggestions of alternative behaviours which might help them better manage those situations and problems.
(d) We provide the user with tools and techniques to help them change their behaviour: We will provide the user with tools and techniques to help them decide what they might want to achieve and to help them change their behaviour to achieve those goals.
4.2 What the Products do not do.
(a) The Products are not a medical service and are not to be used for the purposes of seeking, and we are not providing, medical treatment or advice. The user is responsible for their own health and wellbeing.
(b) The Products do not offer advice on which the user should rely. The user must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Products.
(c) Q is designed to help young people with their everyday challenges. It is not a therapeutic tool and is not designed to help with, or address, mental health issues. That does not mean Q is unsuitable per se for a young person with mental health problems, but each case should be considered on its own merits and therefore Q should only be used by a young person with, or who is showing signs of, mental health problems under the guidance of a qualified mental health professional.
(d) Whether Q can be used by a young person with learning difficulties or learning disabilities depends on their level of comprehension and reading ability. Any 12-18 year old with an English reading age of at least 10 years should be able to properly interact with and benefit from Q on their own. And, with the assistance of a trusted adult with reading and comprehension as necessary, most 12-18 year olds with learning disabilities or learning difficulties should also be able to benefit from Q. But each case should be considered on its own merits and therefore Q should only used by a young person with learning disabilities or learning difficulties under the guidance of a qualified professional adviser.
5. HOW WE WILL PROVIDE THE PRODUCTS
5.1 Subscriptions to the Products. We will provide to you such number of subscriptions to the Products as we agree with you in your order and at the price per month (including VAT) as we agree with you in your order. Each subscription constitutes the grant by us to you on the Terms set out herein of a limited, revocable permission for a single individual user to make personal, non-commercial use of the Products and the content provided within the Products (“Access”). This Access shall remain in effect until and unless cancelled by you in accordance with paragraph 11 or by us in accordance with paragraph 12.
5.2 Delivery of subscription codes and activation. Each subscription can be activated by the user by following the registration process we will notify to you by email following acknowledgement of your order and entering the individual subscription code provided. There is no cost of delivery of the subscription code to you. The Products are presented in the form of a responsive web app for use on a mobile internet browser on a touch screen size of at least 4.7 inches. Q is not designed for use on small screens such as wrist wearables. Q requires the user to have access to a broadband internet connection. All data charges and other costs of accessing the Products over the internet are for the user. The list of mobile internet browsers currently supported can be found at Technology Required. We may change this list from time to time, and this may require the user to update their operating system and/or their web browser version.
5.3 Updates and upgrades to the Products. We are continually upgrading, improving and updating the Products to improve the user’s experience. You give us permission to download and install upgrades, updates and additional features to improve, enhance and further develop the Products.
5.5 Problems or complaints. If you have any problems with or complaints about the Products, please contact us. You can write to us at the contact details set out in paragraph 2.2.
6. YOUR RIGHT TO CHANGE YOUR MIND UNDER THE CONSUMER CONTRACTS REGULATIONS 2013
6.1 Your right to change your mind. You are buying a subscription to the Products from us online and so you have a legal right to change your mind. You have 14 days after the day we email you to confirm we accept your order or, if earlier, until your subscription code is entered and download of the Products has begun. You agree that the Products will be provided to you immediately and you agree that you will lose the right to change your mind in relation to a subscription once your subscription code has been entered and the download of the Products has begun.
6.2 Telling us you have changed your mind. If you have changed your mind, please let us know by printing off and completing the 14 Day Cancellation Form and posting it to us at 5 St Peter’s Court, Middleborough, Colchester CO1 1WD, United Kingdom. Or simply write to us at that address, including the information required in the form.
6.3 What we will refund, how and when. We will cancel and permanently disable your subscription code and we will refund to you the price you paid us for the Products when you ordered, by the method you used for payment. The refund will be made within 14 days of the date of receipt by us of your notice that you have changed your mind.
7. SUBSCRIPTION ARRANGEMENTS, PRICE CHANGES AND PAYMENTS
7.1 Minimum subscription of 12 months. The minimum subscription to the Products is for 12 months from the date of acceptance by us of your order, and payment for the full 12 months shall be made in advance when you order.
7.2 Monthly subscription payments. After the initial 12 month period, you may continue your subscription to the Products by paying in advance on a monthly basis the subscription fee agreed with you in your order.
7.3 Price changes. The price for your subscription will be fixed for the initial 12 month period but thereafter we may change your monthly subscription fee from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next month following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Products after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by cancelling your subscription for the Products by following the procedure set out in paragraph 11.2.
7.4 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date when a monthly subscription payment is due, we will adjust the rate of VAT that you pay.
7.5 Means of Payment. We accept payment by such means that are identified in our shop from time to time.
7.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of The Royal Bank of Scotland from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
8. COMMITMENTS WE NEED FROM YOU ABOUT THE USE OF THE PRODUCTS
8.1 Who can use the Products. The Products cannot be used:
(a) By anyone under the age of 12 or anyone who does not have an English reading age of at least 10 years.
(b) If we have previously suspended the subscription.
(c) If either you or the user are prohibited from receiving or using the Products under applicable laws.
(d) By anyone with, or showing signs of, mental health issues except under the guidance of a qualified mental health professional.
(e) By anyone with learning difficulties or a learning disability except under the guidance of a qualified professional adviser.
8.2 Use of the Products. You must ensure that the user:
(a) Provides accurate information about themselves when they register.
(b) Answers our profiling questions themselves fully, honestly and accurately – the accuracy and quality of the digital content provided by Q is entirely reliant on this.
(c) Creates only one account (their own) and uses it for personal purposes.
(d) Does not share their password, give access to their Q account to others or transfer their account to anyone else.
(e) Does not (and does not facilitate or support others in doing so):
- Use the Products to do or share anything that breaches these Terms, that is unlawful, misleading, discriminatory or fraudulent or that infringes or breaches someone else’s rights.
- Upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of the Products.
- Access or collect data from the Products using automated means or attempt to access data that they do not have permission to access.
We can remove content that the user uploads in breach of these provisions and, if applicable, we may take access against the user’s account. We may also disable the user’s account. Where appropriate, we will take steps to notify the user when we remove content they have uploaded. We may not be able to provide them with notice in all cases, for example if we are prohibited from doing so by law or where it might harm the integrity of the Products.
(f) Has the owner’s permission if they download or use the Products on any phone or device not owned by them.
(g) Gives us permission to use content that they create. The user owns the content they create on the Products. To provide the Products, however, we need the user to give us some legal permissions to use this content. Specifically, when they upload content that is covered by intellectual property rights (eg photos) on or in connection with the Products, they grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide licence to host, use, distribute, modify, run, copy, perform or display, translate and create derivative works of their content. They can end this licence at any time by deleting their content or account. You should know that for technical reasons, any content that they delete may persist for a limited period of time in backup copies.
8.3 Limits on using our intellectual property. When the user uses content covered by intellectual property rights that we have and make available in the Products, we retain all rights to that content (but not content belonging to the user). The user can only use our copyrights and trademarks with our prior written consent. You must obtain our prior written consent for you or the user to modify, create derivative works of, decompile or otherwise attempt to extract source code from us.
8.4 Deletion of user account and content on cancellation. Upon cancellation of a subscription to the Products for any reason, Access to the Products will terminate immediately and the user’s account and all content will be deleted.
10. TEMPORARY SUSPENSION OF THE PRODUCTS
10.1 Reasons we may suspend the provision of the Products. We may have to suspend the provision of the Products to:
(a) Deal with technical problems or make minor technical changes.
(b) Update the Products to reflect new releases or to reflect changes in relevant laws and regulatory requirements.
(c) Comply with the law.
We will notify the user in advance to tell them we will be suspending the provision of the Products, unless the problem is urgent or an emergency. If we have to suspend the Products for longer than two weeks in any period of 12 months: (i) we will adjust the price so that you do not pay for the Products while they have been suspended, and (ii) you may cancel your subscription to the Products within 7 days by following the procedure set out in paragraph 11.2.
10.2 Other reasons we may suspend the provision of the Products. Without prejudice to our rights under paragraph 12 to end your subscription, we may also suspend the provision of the Products if:
(a) You do not pay us for the Products when you are supposed to.
(b) If we determine that you or the user have clearly, seriously or repeatedly breached these Terms.
10.3 Your right to suspend the provision of the Products. You may also suspend the use of the Products under your subscription by the user at any time in your sole discretion by notifying us in writing, provided that this shall not affect any price which shall be payable in relation to that subscription in accordance with these Terms. We will temporarily suspend Access unless and until you notify us in writing that you would like us to reactivate it.
11. YOUR RIGHTS TO CANCEL A SUBSCRIPTION
11.1 You can always end your contract with us in relation to your subscription to the Products. Your rights when you end a subscription will depend whether there is anything wrong with that subscription to the Products, how we are performing and when you decide to end the contract:
(a) If a subscription to the Products is faulty or misdescribed you may have a legal right to end the subscription (or to get the Products repaired or replaced or to get some or all of your money back).
(b) If you want to end the subscription because of something we have done or have told you we are going to do, see paragraph 11.2.
(c) In all other cases (if we are not at fault and it is not because of something we have done or have told you we are going to do), see paragraph 11.3.
11.2 Cancelling a subscription because of something we have done or are going to do. If you are ending a subscription for a reason set out at (a) to (c) below, you must notify Customer Services in writing using the contact details set out at paragraph 2.2, the subscription will end immediately upon receipt by us of your notification and we will refund you within 14 days by the method you used for payment pro-rata for any unused period of your subscription. You may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to these Terms which you do not agree to (see paragraph 1.3);
(b) we have told you about an upcoming change to the price payable for your subscription which you do not agree to (see paragraph 7.3);
(c) we have suspended the Products for longer than two weeks in the aggregate in any period of 12 months (see paragraph 10.1).
11.3 Cancelling a subscription in all other cases. You can cancel your subscription to the Products at any time in your discretion without any reason by notifying Customer Services in writing using the contact details set out at paragraph 2.2. The cancellation will take effect the day after the last day of the current subscription month. If you cancel before the end of the initial 12 month period, we will not refund any subscription fees already paid to us.
12. OUR RIGHTS TO CANCEL YOUR SUBSCRIPTION
12.1 We may end your subscription if you break our contract. We may end your subscription at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) if we determine that you have clearly, seriously or repeatedly breached these Terms
provided always that any such termination shall not affect any rights we may have to seek compensation from you.
12.2 We may withdraw the Products at any time in our discretion. We may write to you to let you know that we are going to stop providing the Products. We will let you know at least 14 days in advance of our stopping the supply of the Products and will refund any sums you have paid in advance for the Products which will not be provided.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 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.
13.2 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products.
13.3 Damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
13.4 We are not liable for business losses. We only supply the Products for domestic and private use. If you use or permit the use of the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. OTHER IMPORTANT TERMS
14.1 We may transfer our contract 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.
14.2 You need our consent to transfer your rights to someone. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract. Our contract is between you and us. No other person shall have any rights to enforce any of its Terms.
14.4 If a court finds part of our contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing our contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking our contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
14.6 Reservation of our rights. We reserve all of our rights not expressly granted to you.
14.7 Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
14.8 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to ADR Group via their website at www.consumer-dispute.co.uk. ADR Group will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Date of last revision: 1 November 2019