https://www.diamond-minds.co.uk

 PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

1. Terms of website use

1.1. This terms of use (together with the documents referred to in it) tells you the terms on which you may make use of our website (https://www.diamond-minds.co.uk) (Website) and connected pages, whether as a guest or a registered user. Use of the Website includes accessing, browsing, or registering to use the Website.

1.2. Please read these terms of use carefully before you start to use the Website, as these will apply to your use of the Website. We recommend that you print a copy of this for future reference.

1.3. By using the Website, you confirm that you accept these terms of use and that you agree to comply with them. If you use the Website in the course of your business or work, you are also agreeing to these terms and conditions on behalf of that business.

1.4. If you do not agree to these terms of use, you must not use the Website

1. Other applicable terms

2.1. These terms of use refer to the following additional terms, which also apply to your use of the Website:

2.1.1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.

2.1.2.Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Website. When using the Website, you must comply with this Acceptable Use Policy.

2.1.3. Our Cookie Policy, which sets out information about the cookies on the Website.

2.2. If you purchase Courses, bespoke Training or individual Coaching or Journalling sessions from the Website, our Terms and Conditions of Supply will apply to sales transactions.

2.3 Our policies are available in English only.

1. Information about us

This site is owned by and run by Diamond Minds, a company registered in England with company registration number, 11805271

The registered company address is: Flat 1 Valley Court, Ore Valley Road, Hastings, East Sussex, TN34 3FE.

1. Changes to these terms

4.1. We may revise these terms of use at any time by amending this page.

4.2. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

1. Changes to the Website

5.1. We may update the Website from time to time and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time, and we are under no obligation to update it.

5.2. We do not guarantee that the Website, or any content on it, will be free from errors or omissions.

1. Accessing the Website

6.1. General access to the Website is free of charge, except for courses, coaching and journalling sessions which may be subject to a separate charge and terms of purchase.

6.2. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.

6.3. You are responsible for making all arrangements necessary for you to have access to the Website.

6.4. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

6.5 Minors accessing site

6.5.1 The use of the Website by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use the Website that it is important that they communicate with their children about their safety online.

1. Your account and password (subscriptions/non-live courses)

7.1. 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 when accessing non-live courses, you must treat such information as confidential. You must not disclose it to any third party. You will be responsible for any unauthorised use of your account or your password.

7.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

7.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the Contact Us page.

7.4. You will take reasonable care to ensure that the information you supply about yourself and all Users will be complete and accurate.

7.5. Please ensure that the information you provide relates to you and not to any other person.

7.6. We may suspend or cancel your registration immediately at our reasonable discretion if you breach any of your obligations under these Website Terms of Use. You can cancel your registration at any time by informing us in writing.

1. Intellectual property rights

8.1. We are the owner or the licensee of all intellectual property rights on the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

8.2. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others to content posted on the Website.

8.3. 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.

8.4. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.

8.5. You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.

8.6. If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

1. Reliance on Information

9.1. The content on the Website is provided for general information and educational purposes 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 the Website.

9.2. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.

1. Limitation of our liability

10.1. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

10.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

10.3. We will not be liable to any user 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:

10.3.1. use of, or inability to use, the Website; or

10.3.2. use of or reliance on any content displayed on the Website.

10.4. If you are a business user, please note that in particular, we will not be liable for:

10.4.1. loss of profits, sales, business, or revenue;

10.4.2. business interruption;

10.4.3. loss of anticipated savings;

10.4.4. loss of business opportunity, goodwill or reputation; or

10.4.5. any indirect or consequential loss or damage.

10.5. If you are a consumer user, please note that we only provide the Website for domestic and private use. You agree not to use the Website 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.

10.6. 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 the Website or to your downloading of any content on it, or on any website linked to it.

10.7. We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

10.8. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any purchased Courses or individual journalling or coaching sessions to you, which will be set out in our Terms and Conditions of Supply.

10.9  Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• pandemics
• Strikes, lock-outs or other industrial action.
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• Impossibility of the use of public or private telecommunications networks.
• The acts, decrees, legislation, regulations or restrictions of any government.

Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

1. Uploading content to the Website

11.1. Whenever you make use of a feature that allows you to upload content to the Website or to make contact with other users of the Website (User Generated Content), you must comply with the content standards set out in our Acceptable Use Policy.

11.2. Any and all intellectual property rights in content that you upload to the Website shall remain vested in you. You grant us a non-exclusive, royalty free, perpetual, sub-licensable right to use, access, copy, adapt, modify, distribute and disclose to third parties that intellectual property for any purpose. You also grant other individuals accessing the Website a right to copy, view and use your User Generated Content for the purposes of private study in connection with their use of the Website and/or participation in a course or similar study provided by us.

11.3. You hereby warrant that:

11.3.1. all User Generated Content is and will be your original work and has not been and will not be copied wholly or substantially from any other work or material or any other source;

11.3.2. you are the sole legal and beneficial owner of the rights in the User Generated Content;

11.3.3. you have not transferred or licensed and will not transfer or license any of the rights in User Generated Content in a manner which would prevent the exercise by us of the licence granted in this clause 10;

11.3.4. your rights in the User Generated Content are not subject to any other interest, such as a security interest, option, mortgage, charge or lien;

11.3.5. you are unaware (having carried out reasonable and diligent enquiries) of any infringement, or likely infringement of, any of the rights in the User Generated Content;

11.3.6. so far as you are aware (having carried out reasonable and diligent enquiries) the exploitation of the rights in User Generated Content will not infringe the rights of any third party;

11.3.7.the User Generated Content complies with the content standards in the Acceptable Use Policy.

11.4. You will be liable to us and indemnify us for any breach of the warranties contained in clause 11.3. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of any of those warranties.

11.5. Any content you upload to the Website will be considered non-confidential and non-proprietary.

11.6. We also have the right to disclose your identity to any third party who is claiming that and content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy or other legal right.

11.7. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Website.

11.8. We have the right to remove any posting you make on the Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

11.9. The views expressed by other users on the Website do not represent our views or values.

1. Virus

12.1. We do not guarantee that the Website will be secure or free from bugs or viruses.

12.2. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

12.3. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

1. Linking to the Website

13.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

13.2. 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.

13.3. You must not establish a link to the Website in any website that is not owned by you.

13.4. Our site must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.

13.5. We reserve the right to withdraw linking permission without notice.

13.6. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

13.7. If you wish to make any use of content on the Website other than that set out above, please contact us using the Contact Us page.

1. Third party links and resources on the Website

14.1. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.

14.2. We have no control over the contents of those sites or resources.

1. Applicable law

15.1. These terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a consumer and 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.

1. Contact us

16.1. Please address any communications to nicky@diamond-minds.co.uk or by post to:

Diamond Minds, Flat 1 Valley Court, Ore Valley Road, Hastings, East Sussex, TN34 3FE

Thank you for visiting the Website

ACCEPTABLE USE POLICY

This acceptable use policy sets out the terms between you and us under which you may access our website https://www.diamond-minds.co.uk (Website). This acceptable use policy applies to all users of, and visitors to, the Website.

Your use of the Website means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms of Website Use.

The Website is a site operated by Diamond Minds (we or us), a company in England registered with Companies House, company registration number 11805271

1. Prohibited uses

1.1. You may use the Website only for lawful purposes. You may not use the Website:

1.1.1.in any way that breaches any applicable local, national or international law or regulation.

1.1.2.in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

1.1.3.for the purpose of harming or attempting to harm minors in any way.

1.1.4.to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in section 3.

1.1.5.to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

1.1.6.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.

1.2. You also agree:

1.2.1.not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of our Terms of Website Use.

1.2.2.not to access without authority, interfere with, damage or disrupt:

1.2.2.1.(a) any part of the Website;

1.2.2.2.(b) any equipment or network on which the Website is stored;

1.2.2.3.(c) any software used in the provision of the Website; or

1.2.2.4.(d) any equipment or network or software owned or used by any third party.

1. Interactive services

2.1. We may from time to time provide interactive services on the Website, including, without limitation forums, chat rooms and bulletin boards (interactive services).

2.2. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

2.3. We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

2.4. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

2.5. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

1. Content standards

3.1. These content standards apply to any and all material which you contribute to the Website (contributions), and to any interactive services associated with it.

3.2. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

3.3. Contributions must:

3.3.1. be accurate (where they state facts).

3.3.2. be genuinely held (where they state opinions).

3.3.3. comply with applicable law in the UK and in any country from which they are posted.

3.4. Contributions must not:

3.4.1. contain any material which is defamatory of any person.

3.4.2. contain any material which is obscene, offensive, hateful or inflammatory.

3.4.3. promote sexually explicit material.

3.4.4. promote violence.

3.4.5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

3.4.6. infringe any copyright, database right or trade mark of any other person.

3.4.7. be likely to deceive any person.

3.4.8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

3.4.9. promote any illegal activity.

3.4.10. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

3.4.11. be likely to harass, upset, embarrass, alarm or annoy any other person.

3.4.12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

3.4.13. give the impression that they emanate from us, if this is not the case.

3.4.14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

1. Suspension and termination

4.1. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.

4.2. Failure to comply with this acceptable use policy constitutes a material breach of the Terms of Website Use upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:

4.2.1. immediate, temporary or permanent withdrawal of your right to use the Website.

4.2.2. immediate, temporary or permanent removal of any posting or material uploaded by you to the Website.

4.2.3. issue of a warning to you.

4.2.4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

4.2.5. further legal action against you.

4.2.6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

4.3. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

1. Changes to the Acceptable Use policy

5.1. We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use policy may also be superseded by provisions or notices published elsewhere on the Website.

 Privacy Policy

Privacy Policy

Definitions: 

We, Us, Our – refers to Diamond Minds.

Data Protection Legislation – refers to all applicable privacy and data protection laws including (i) the General Data Protection Regulation ((EU) 2016/679), the Data Protection Act 2018 and any further or additional national implementing laws, regulations and secondary legislation in England and Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to time, including the Privacy and Electronic Communications Directive (2002/58/EC) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426).

Introduction

Welcome to our privacy policy. 

We respect your privacy and are committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.

Purpose of this privacy policy

This privacy policy aims to give you information on how we collect and processes your personal data through your use of this website.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them. 

Controller

Diamond Minds is the controller and responsible for your personal data.

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us using the details set out below. 

Changes to this Privacy Notice and your duty to inform us of changes

We keep this privacy policy under regular review. This version was last updated in August 2019. 

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

Personal Data we receive

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Identity data (including your first name, last name,  marital status, title, gender and multi media images);
• Contact data (including your billing address, delivery address, email address, telephone contact numbers and social media contact information);
• Financial Data (including bank account and payment card details).
• Transaction Data (including details about payments to and from you and other details of products and services you have purchased from us).
• Technical Data (including internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website).
• Profile data (includes your username and password, purchase history, preferences, feedback and survey responses);
• Usage Data (including information about how you use our website, products and services].
• Marketing and Communications data (including your preferences in receiving marketing from us and your communications preferences);
• Special Category Data (dietary or access requirements when booking and attending events)

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not generally collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

There may be unavoidable occasions where special category data is collected on a multimedia device at a Diamond Minds event or when applying for some volunteer positions. In these cases consent will be sought to process the data.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

How is your personal data collected?

We use different methods to collect data from and about you including through:

Direct interactions.

You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you

• Subscribe to emails communication
• request information about Diamond Minds services;
• attend a Diamon Minds event;
• enter a competition, promotion or survey: or give us feedback or contact us.

Automated technologies or interactions.

As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see our cookie policy for further details.

Third parties or publicly available sources.

We will receive personal data about you from various third parties and public sources as set out below:

• Technical Data from the following parties:
  • analytics providers, such as Google based outside the EU; 
  • search information providers, such as Google based outside  the EU;
• Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
• Identity and Contact Data from data brokers or aggregators based inside the EU.
• Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the EU.

How your personal data will be used?

1.  We will only use your data in circumstances where the data protection legislation allows us to. Most commonly, we will use your personal data in the following circumstances:

• a. Where we need to perform a contract we are about to enter into or have entered into with you;
• b. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
• c. Where we need to comply with a legal obligation;
• d. Where we have received your informed and specific consent to do so.

We have set out below, in a table format and within the numbered paragraphs thereafter, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Please note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.