Terms & Conditions

These user terms and conditions (“Terms and Conditions”) may be updated by us from time to time without notice to you. We will post any revisions to these Terms and Conditions on this page and we will also indicate at the top of this page the date that these Terms and Conditions were last revised.

By browsing and using www.emotionworks.org.uk (the ‘Website’ which shall include the placing of orders regarding our hard copy resources, memberships and trainings), you are agreeing to comply with and be bound by the following Terms and Conditions of use, which govern the relationship between you and Emotion Works.

Your use of our goods and services or this Website after any revisions have been made constitutes your acceptance of the new Terms and Conditions. If You do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the service or this Website. It is your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to consider such changes.

You should print a copy of these Terms and Conditions for future reference and you should also regularly revisit the Terms and Conditions on the Website for purposes of noting whether or not revisions have been made.

 

  1. THESE TERMS

1.1  What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.

These Terms and Conditions are the only terms upon which we are prepared to deal with a purchaser of any of Emotion Works’ goods and services and they shall govern the contract arising from any order made through this Website, telephone or email, that is accepted by us to the entire exclusion of all other terms or conditions save the User License Agreement and Emotion Works Privacy and Cookie Policy; accordingly, if you disagree with these terms and conditions or/and our User License Agreement, or any part of them, you must not use our website. If you register with our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

You must be at least 18 years of age to become a member of our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

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 products and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

1.3  If you are an individual consumer.  You are buying products from us wholly or mainly for your personal use (not for wider use in your school or organisation).

1.4  If you are a school or organisation. If you use on behalf of a school or organisation our website and/or resources, you expressly agree to these terms and conditions, then by so doing you bind:

(a)   yourself;

(b)   the person, company or other legal entity that operates that business or organisation, to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individuals user and the relevant person, company, organisation or legal entity.

(c)  any other individuals that will use the resources purchased by you.

1.4.1 You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

 

  1. WHO WE ARE

2.1  Who we are. Emotion Works is a Community Interest Company registered in Scotland. Our company registration number is 443900 and our address is Moulsdale House, 24D Milton Road East, Edinburgh, EH15 2NJ.

The term “Emotion Works”, “we” and “us”, shall mean Emotion Works, the owner of this Website. The term “you”, “yourself” and “your” refers to the user or viewer of this Website.

2.2. Data Controller. Emotion Works is the Data Controller within the definition of the General Data Protection Regulation (GDPR).

  1. OUR PRODUCTS AND SERVICES

3.1  Emotion Works is a provider of high quality online and hard copy teaching and training resources – we call this the ‘Resources’. Our resources are primarily distributed through the Website.

3.2  Emotion Works sells hard copy products and we call this the ‘Product’ which is made available through the Website.

3.3  Emotion Works provides a range of resource membership services upon payment of a fee as specified on the Website or chargeable in some other way may be purchased. We call this the ‘Membership’ or  ’Subscription’, indistinctively.

3.4  Emotion Works offers different types of face to face trainings which can be booked online, by telephoning us or by sending an email to bookings@emotionworks.org.uk. We call this the ‘Training’.

3.5  We reserve the right to change pricing and or availability in respect of any of the products, memberships and trainings in this clause for any reason and without notice.

  1. COMMUNICATIONS BETWEEN US

4.1  If you wish to contact us in writing for any reason, you can send this to us by email at office@emotionworks.org.uk or you can contact us by telephoning our customer service team at 0131 669 1122.

4.2  How we may contact you. If we have to contact you or give notice in writing, 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.

If you are an organisation, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

4.3  ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

  1. OUR CONTRACT WITH YOU

All Resources purchased on this Website, via email or telephone by you are subject to these terms and conditions and our User Licence Agreement which you must accept – by accepting these Terms and Conditions – before completing your order.

5.1  How we will accept your order. When you place an order on this Website, via email or telephone to purchase a resource from us to be accessed or downloaded by you from this Website for use by you, and/or to be delivered by post to you, we will send you an e-mail confirming receipt of your order, at which point a contract will come into existence between you and us.

5.1.1   If you are Purchasing via a Local Authority / Council Procurement System, you’ll receive an email confirmation detailing your items, which you can then use to raise your Purchase Order (PO) with your Local Authority. The acceptance of your order will take place when we receive a copy of your PO.

5.2  If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product, membership and/or training. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

5.2.1  In the event that we take payment from you before the relevant contract between you and us is formed and thereafter we do not accept your order and/ or do not issue a Purchase Order to you, we shall make a full refund of your payment to you. Any resource on the same order which we have not confirmed in a Purchase Order does not form part of that contract.

5.2.2  We retain the right to refuse to accept your order solely at our discretion. If we are concerned that you are attempting to place an order dishonestly, fraudulently, by impersonating someone else or are attempting to use payment details that have been stolen, we will make additional checks as to your standing and if appropriate involve external authorities.

5.2.3  Some Resources, like the trainings, may be subject to availability and could change before we accept your order; however, they will not change after we accept your order.

5.3  Your order number. We will assign an order reference 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.

5.4  International Costumers. If the products are being ordered from outside Emotion Works’ country of residence, import duties and taxes may be incurred once the products reach their destination.  Emotion Works is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If you are a purchaser buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.

5.4.1  The Purchaser of the products will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the products are being imported.  Please be aware that products may be inspected on arrival at port for customs purposes and Emotion Works gives no guarantee that the packaging of the products will be free of signs of tampering.

5.5  What will happen if you do not give required information to us. We may need certain information from you so that we can supply the resources to you, for example, name, email, address, billing information. If so, this will have been stated in the description of the products, membership and/or training on our website or in our Order Form. We will contact you to ask for this information.

5.5.1  If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the resources late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

 

  1. OUR PRODUCTS

6.1  Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours, sizes, dimensions and measurements accurately. Your product may vary slightly from those images. We cannot guarantee that a device’s display of the colours accurately reflects the colour of the products.

6.2  Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

6.2  Providing our products

6.2.1  Delivery. Once you have received our Purchase Order, we will contact you with an estimated delivery date within 10 days after the day on which we accept your order. If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you as soon as possible with a revised estimated delivery date.

6.2.2  Collection by you. If you have asked to collect the products from our offices, you can collect them from us on the date agreed with you during the order process in our working hours of 10:00am to 16:00 on weekdays (excluding public holidays). If you have booked a training, you can collect the products from us on the date agreed with you during the order process for the training.

6.2.3  If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

6.2.4  If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 9.2.1 will apply.

6.2.5  When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.

6.2.6  When you own goods. You own a product once we have received payment in full.

 

  1. MEMBERSHIPS

7.1  Emotion Works’ memberships are subject to these Terms and Conditions and in an addition the following conditions shall apply to this service:

7.1.1  Emotion Works makes available the subscription service by way of a membership to you upon payment of a fee as specified from time to time on the Website.

7.1.2  If you are an organisation and have a multi-user license, you understand and agree to use the membership for the number of concurrent users agreed between you and us.

7.1.3  In accordance with the general Terms and Conditions, your user and account username and password will not be shared with anyone.

7.1.4   In accordance with our Copyright, you will not redistribute any resources downloaded through the subscription service and you understand that any resources you download from the Website whether through the subscription service or otherwise are for your personal use only or, if you are an organisation, in accordance with the number of concurrent users agreed between you and us.

7.1.5  You have explicitly read and agree to abide by Emotion Works’ Copyright.

7.1.6  You understand and agree to the Membership Acceptable Use Policy, as detailed in Clause 7.5.

7.1.7  You agree that a breach of any of the general Terms and Conditions will lead to your access to our membership being immediately cancelled. It is at Emotion Works’ absolute discretion as to whether your account will be reinstated or not.

7.1.8  You understand and agree that we will monitor your usage of the membership to allow us to determine whether a violation has, or is, occurring.

7.1.9  You acknowledge that all content remains the property of Emotion Works at all times. You also understand that your purchasing of a Emotion Works’ membership package, whether individual or for a group, constitutes a licence for the use of Emotion Works’ resources for the duration of the membership only, which should be used in accordance to our User License Agreement.

7.1.10  Any resources downloaded may not be shared or otherwise hosted on any networked system. Resources are for the single and sole use of the person or organisation downloading them and any replication or sharing of resources (without written permission of the CEO) will result in Emotion Works taking action to protect its rights under the licence stipulated in our User License Agreement and Clause 7.5.

7.2  Providing the membership. Our membership can only be purchased directly from Emotion Works by paying a subscription fee. The Minimum Term of our memberships is 12 months. When you register for our membership, you consent to get access to online trainings and resources as agreed in the confirmation email.

7.3  When and how to pay for membership. You will be charged at the time of purchase the rate stated at the time of purchase, excluding the value added tax.

7.3.1  At the end of the subscription, your membership contract will not automatically renew and your access to the membership will cease until you take the actions prescribed by us to renew your membership.

7.3.2  If you renew your membership before the end of the Minimum Term, your renewed membership will be extended to include, if any, the months which were remaining on your previous membership.

7.3.3  If you decide to change your type of membership (i.e. from individual to group), it will be at our sole and absolute discretion how the remaining months on your previous membership will be computed.

7.3.4  Emotion Works may change the price for the Memberships and we will communicate this change to you either at renewal or when changing the type of membership.

7.4   How to cancel a membership.  If You reside within the European Union, you may cancel your order for access to the subscription service within 14 days from the date of your purchase and obtain a full refund by contacting Emotion Works’ team unless you have started to download, stream or print any resources within the subscription service. Once you have started to download, stream or print any such resources, you cannot cancel your order, and you will not receive a full or partial refund for your order. By placing an order to purchase our membership, you acknowledge and provide your consent to this.

7.5  Membership Acceptable Use Policy

7.5.1  Our membership is designed to allow individual or group users, depending on the membership type purchased, to download additional teaching resources for their own needs. Collectively, the Emotion Works’ resource collection has taken many years to create. You may not use your account to download, stream and print for anyone else.

7.5.2 The membership is subject to an acceptable use policy, and user accounts are monitored. Emotion Works considers that, whether you have an individual or group membership, you abide to use any of the resources in support of the use permitted under these terms and conditions and our User License Agreement, as well as to make one copy of the Resources as is reasonably necessary for its lawful use.  Any account that, at our discretion, exceeds a reasonable amount of activity in downloading, printing and/or streaming of our resources will be subject to review.

7.5.3  The membership allows the Emotion Works’ community to support the hard work of Emotion Works’ staff. As such, any violation of the terms of Clause 7 and/or 19, as well as our User License Agreement, is taken seriously and the user’s account will be reviewed and may be cancelled immediately.

7.5.4  Emotion Works does not allow volume printing arrangements beyond the number of users associated with your membership, unless specifically agreed in writing (these will be individually negotiated).

 

  1. OPEN AND IN-SERVICE TRAININGS

Emotion Works offers different types of face to face trainings which can be booked online, by telephoning us or by sending an email to bookings@emotionworks.org.uk. If you are a school or organisation, the number of people taking the face to face trainings should match the number of members of your group membership.

8.1  Providing the training. We will begin the services on the date agreed with you during the order process. The  completion date for the services is as told to you during the order process.

8.2  When and how to pay for trainings. You must pay the full price when you order the face to face trainings whether it is online, by email or telephone, regardless of the agreed booking date.

8.3   How to cancel a training. Face to face trainings can be cancelled by telephoning us at 0131 669 1122 or by sending an email to bookings@emotionworks.org.uk. Please note that:

8.3.1  Cancellations made 4 or more weeks before the training will not be charged.

8.3.2  Cancellations  made between 2 and 4 weeks before the agreed date will be charged 50% of the total booking fee and may be subject to a 15% fee of the total of your Purchase Order, as compensation for the net costs we will incur as a result of your cancellation.

8.3.3  Any cancellations less than 2 weeks before the event will be charged the full amount and may be subject to a 15% fee of the total of your Purchase Order as compensation for the net costs we will incur as a result of your cancellation.

8.3.4  Substitution of delegates is acceptable at any time. In the event of cancellation by the organisers, liability will be restricted to refund of the fees paid. It may be necessary for reasons beyond the control of the organisers to make changes to speakers, content or timing of the programme.

 

  1. ENDING OUR CONTRACT

9.1  Reasons we may suspend the supply of resources to you. We may have to suspend the supply of a resource to:

(a)  deal with technical problems or make minor technical changes;

(b)  update the resources to reflect changes in relevant laws and regulatory requirements;

9.1.1  Your rights if we suspend the supply of subscriptions. We will contact you in advance to tell you we will be suspending supply of the subscriptions, unless the problem is urgent or an emergency. If we have to suspend the subscriptions for longer than 15 working days we will adjust the price. You may contact us to end the contract for a subscription if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 working days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

9.1.2  We may also suspend supply of the resources if you do not pay. If you do not pay us for the resources when you are supposed to and you still do not make payment within 3 days of us reminding you that payment is due, we may suspend supply of the resources until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the resources. As well as suspending the resources we can also charge you interest on your overdue payments.

9.2  We may end the contract if you break it. We may end the contract for a resource 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 3 days of us reminding you that payment is due;

(b)  you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the resources, for example, name, email, address, payment information;

(c)  you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;

(d)  you do not, within a reasonable time, allow us access to your premises to supply the trainings; or

(e)  you do not use the resources according to our Copyright Policy and User License Agreement.

 

9.2.1  You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 9.2 we will refund any money you have paid in advance for the resources we have not provided but we may deduct or charge you 15% of the total price of the Purchase Order, as compensation for the net costs we will incur as a result of your breaking the contract.

9.3  We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

 

  1. HOW TO TELL US IF THERE IS A PROBLEM WITH THE RESOURCES

10.1  If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0131 669 1122 or write to us at office@emotionworks.org.uk and Moulsdale House, 24D Milton Road East, Edinburgh, EH15 2NJ.

 

  1. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS

11.1  If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example hard copy resources, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If your product is digital content, for example the website membership and the online training, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

a) If your digital content is faulty, you’re entitled to a repair or a replacement.

b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back

c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation

If your product is services, for example open or in-service training, the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

 

11.2  Your obligation to return rejected products. If you wish to exercise your legal rights to reject products, please call us at 0131 669 1122 or email us at office@emotionworks.co.uk. Once you have spoken to our customer service, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will not pay the costs of postage or collection.

 

  1. PRICE AND PAYMENT

12.1  Where to find the price for the resources. The fees in respect of our resources will be as set out on the confirmation email when you placed your order. All amounts stated in these terms and conditions, on our website or confirmation email are exclusive of VAT.

12.2   Errors in the price. We take all reasonable care to ensure that the price of the resources advised to you is correct. However it is always possible that, despite our best efforts, some of the resources we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the resources’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the resources’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.3 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

12.4  When you must pay and how you must pay. You must pay to us the fees in respect of resources in cleared funds, in accordance with any instructions on our website or as advised in email or by telephone. We accept payment with credit/debit card, bank transfers and paypal. When you must pay depends on what resource you are buying:

(a)  For products, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.

(b)  For memberships, please see Clause 7.

(c)  For trainings, please see Clause 8.

 

12.5 We can suspend the resources or charge interest if you pay late. If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of the resources to you.

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 8% a year above the base lending rate of Bank of England 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.

12.6  What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

 

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE

13.1  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 (as applicable); fraud or fraudulent misrepresentation;  breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; defective products under the Consumer Protection Act 1987; any matter in respect of which it would be unlawful for us to exclude or restrict liability.

13.2  When we are liable for damage to your property. If we are providing services in your property, for example an in-service training, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

13.3  When we are liable for 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  Subject to Clause 13.1:

(a)  we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(b)  our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £200.

 

  1. DISCLAIMERS

14.1  Emotion Works makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our resources.

14.2  No part of this Website and/or our resources is intended to constitute advice and the content of this Website should not be relied upon when making any decisions or taking any action of any kind. In particular:

14.2.1  Emotion Works resources have been designed to support children and young people in educational contexts to develop emotional understanding and competence through learning and interactive activities with adults who know them well. The premise is that such learning and interactive experiences contribute to positive emotional development and wellbeing based on current thinking and research in the field of child development. The Emotion Works programme is therefore focussed around emotional learning and literacy outcomes – it is not intended to offer a therapeutic intervention and Emotion Works makes no claims in this respect.

14.2.2  Because Emotion Works resources support learning and talking about the topic of emotion, it is expected that they will be used by people working with children, young people and adult clients in a variety of educational and non-educational roles. This may include teachers, school support staff, early years’ practitioners, parents, carers, speech and language therapists, mental health professionals, social workers to name a few. In whichever role or environment Emotion Works resources are used, it is expected that they are always applied in accordance with Emotion Works training resources and guidance documents, and that the adult practitioner knows the child, young person or adult client well including any area of need or difficulty. In non-educational contexts it is also expected that Emotion Works resources are used with children, young people or adult clients in accordance with the knowledge, skills, expertise and formal protocols of the adult practitioner’s role.

14.2.3  Emotion Works resources are not intended to offer a substitute for professional medical or other advice, care or therapy and any individual requiring psychiatric, medical or other professional advice, care or therapy should seek help from an appropriate professional. Where relevant any adult practitioner should comply with any medical or other treatment or therapy already in place.

14.2.4  Whilst it is intended that Emotion Works resources should be helpful to children experiencing learning challenges and difficulties around intellectual disability, communication needs, autism spectrum conditions, social/emotional/behavioural support needs etc., Emotion Works cannot guarantee that the resources and wider approach will be effective for all individuals in all situations.

14.3   Whilst Emotion Works uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

  1. LINKS TO OTHER WEBSITES

15.1  This website includes hyperlinks to, and details of, third-party websites, plug-ins and applications. These are provided for your information and convenience only. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. Please note that we do have no control over, and are not responsible for, the privacy policies and practices of third parties, and we do not accept any responsibility or liability for these policies or practices. When you leave our website, we encourage you to read the privacy policy of every website you visit.

  1. YOUR PRIVACY

We will only use your personal information as set out in our Privacy and Cookies Policy.

  1. INTELLECTUAL PROPERTY

17.1  The contents of the Website are protected by copyright laws and other intellectual property rights. The owner of these rights is Emotion Works or other third-party licensors. All product and company names and logos mentioned in our Website are the trademarks, service marks or trading names of their respective owners including us.

17.2  Any material or information downloaded from this Website is subject to Copyright Terms.

17.3 Copyright. Subject to the express provisions of these terms and conditions:

(a) we, own and control all the copyright and other intellectual property rights in our website and resources; and

(b) all the copyright and other intellectual property rights in our website and resources are reserved;

(c) no part of Emotion Works’ website and/or resources may be modified, copied, reproduced, republished, uploaded, posted, distributed or stored in retrieval system or transmitted in any form or by an means, electronic, mechanical, photocopying, recording, scanning, or otherwise, without the prior written permission of Emotion Works.

17.4  User License Agreement. By purchasing any of our resources advertised on our Website, you abide yourself to these Terms and Conditions and to Emotion Works’ User License Agreement.

  1. OTHER IMPORTANT TERMS

18.1  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.

18.2  Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

18.3  If a court finds part of this 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.

18.4  Even if we delay in enforcing this 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 this 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 resources, we can still require you to make the payment at a later date.

18.5  Which laws apply to this contract and where you may bring legal proceedings. The construction, validity and performance of these Terms and Conditions shall be governed by Scottish Law and by purchasing resources on this Website you submit to the exclusive jurisdiction of the Scottish Courts provided that such exclusive jurisdiction shall not apply to the extent that any applicable law in your country of residence requires application of another jurisdiction that cannot be excluded by contract.

 

Emotion Works User License Agreement

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING EMOTION WORKS’ HARD COPY AND/OR DIGITAL RESOURCES

This license agreement (“License”) is a legal agreement between you (“Licensee” or “you”) and Emotion Works CIC, a company incorporated in Scotland (Company No. 443900) with its registered office at 24D Milton Road East, Edinburgh, EH15 2NJ, Scotland (“Licensor” or “we”) for this physical and/or digital Emotion Works service (“Service”), which includes the associated media, hard copy materials and online/ electronic resources (“Resources”).

IMPORTANT: PLEASE READ CAREFULLY BEFORE PURCHASING, DOWNLOADING OR ACCESSING THE SERVICE. BY CLICKING THE “ACCEPT” BUTTON FOR THE EMOTION WORKS TERMS AND CONDITIONS, WHICH ARE LINKED TO THIS USER LICENCE AGREEMENT, YOU ARE INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND CONSENTING TO BE BOUND BY THEM.

IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, CLICK THE “REJECT” OR “CANCEL” BUTTON AND DO NOT DOWNLOAD, ACTIVATE OR USE THE SERVICE.

BY USING THIS SERVICE, YOU AGREE TO THE TERMS OF THIS LICENCE, WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE ARE UNWILLING TO LICENSE THE SERVICE TO YOU AND YOU MUST DISCONTINUE USE OF THE SERVICE NOW AND ACCORDINGLY NOT PROCEED ANY FURTHER. YOU MUST DELETE ANY USERNAMES OR PASSWORDS THAT YOU HAVE ACQUIRED OR MADE. IF YOU CANCEL YOUR SUBSCRIPTION AND COMPLY WITH THE PROCEDURE SET OUT IN THE PREVIOUS SENTENCE YOU WILL RECEIVE A FULL REFUND.

Section 1. Acknowledgements

1.1       In this License unless otherwise expressly stated:

1.1.1.   references to Clauses are to clauses of this License;

1.1.2.   references to the singular include reference to the plural and vice versa;

1.1.3.   headings are inserted for convenience only and shall not affect the construction or interpretation of this License;

1.1.4.   references to a Party or the Parties are to a party or the parties to this License; and

1.1.5.   any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression are illustrative and do not limit the sense of the words preceding those terms and such terms shall be deemed to be followed by the words “without limitation”.

1.2.      We may change these terms at any time by sending you an email with details of the change or notifying you of a change when you next start the Service. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Service.

1.3.      From time to time updates to the Service may be issued through the Emotion Works website and such updates will be licensed subject to the terms and conditions of this Agreement. It will be your responsibility to download any available updates for your use.

1.4.      You will be assumed to have obtained permission from the owners of any desktop computer, mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2 (“Devices”) and to download or stream a copy of the Service onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this License for the use of the Service on or in relation to any Device, whether or not it is owned by you.

1.5.      The following Services will be governed by the following terms of use and subject to the following privacy policies, incorporated into this License by reference and set out at the following web addresses respectively:

Service Web address of terms of use Web address of privacy policy
Emotion Works free digital resources

Emotion Works paid subscriptions.

Emotion Works hard copy resources

https://www.emotionworks.org.uk/ https://www.emotionworks.org.uk/privacy-policy/

1.6.      The Service may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

1.7.      No additional support services will be made available by us in relation to the Service. You may request training for the Service from us. Any training we agree to provide is entirely at our discretion and will be subject to additional fees in terms of a separate agreement.

Section 2. Grant and scope of license

2.1.      In consideration of you agreeing to abide by the terms of this License and subject to: (i) any limits on duration agreed between the Licensor and the Licensee; and/ or (ii) payment by the Licensee of any applicable license fees and/or subscription payments, the Licensor hereby grants to you a non-exclusive, non-transferable license to use the Service and the Resources on the terms of this License.

2.2.      You may:

2.2.1.   if you are an individual user, access or download and use the Service for your private purposes only onto an unlimited number of Devices owned or controlled by you, and to view, use and display on the Devices for your personal purposes only; and

2.2.2    if you have a multi-user license use the Service for the number of concurrent users agreed between you and us.

2.3.      You may use any of the Resources in support of the use permitted under Clause 2.1 and make one copy of the Resources as is reasonably necessary for its lawful use.

Section 3. Licensee’s undertakings

Except as expressly set out in this License or as permitted by any local law, you undertake:

3.1.      not to use the Service in any unlawful manner, for any unlawful purpose, or in any manner  inconsistent with this License, or act fraudulently or maliciously;

3.2.      not to infringe our intellectual property rights or those of any third party in relation to your use of the Service including the submission and copying of any material (to the extent that such use is not licensed by this License);

3.3.      not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service;

3.4.      not to use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

3.5.      not to copy the Service or Resources except where such copying is incidental to normal use of the Service;

3.6.      not to sell, rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Service or  Resources;

3.7.      not to make alterations to, or modifications of, the whole or any part of the Service and/or the Resources nor permit the Service or any part of it to be combined with, or become incorporated in, any other programs.

3.8.      not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Service or the Resources, nor attempt to do any such things except to the extent that by virtue of section 296A of the Copyright, Designs and Patents Act 1988, such actions cannot be prohibited;

3.9.    to keep all usernames and passwords for the Service secure and to maintain accurate and up-to-date records;

3.10.    In the event that the Licensee is an organization, to supervise and control use of the Service and/or Resources, as well as to ensure that the Service and/or Resources are used by your employees and representatives in accordance with the terms of this License and, if applicable, in accordance with the type of subscription purchased;

3.11.    to include the copyright notice of the Licensor on all entire and partial copies of the Service and/or Resources in any form;

3.12.    not to provide, or otherwise make available, the Service and/or Resources in any form, in whole or in part (including, but not limited to, hard copy resources, object and source program planning, user and password) to any person other than yourself. In the event that the Licensee is an organization it will be subject to the type of subscription purchased and the number of users allowed by it.

3.13.     in your use of the Service, to comply in all respects with the requirements of the General Data Protection Regulation, and to indemnify the Licensor fully and keep the Licensor fully indemnified against any and all loss, claims, costs, expenses, penalties, fines and interest incurred by the Licensor as a consequence of your breach of this Clause.

Section 4. Intellectual property rights

4.1.      You acknowledge that all intellectual property rights in and to the Service and the Resources throughout the world belong to the Licensor, that rights in the Service are licensed (not sold) to you, and that you have no rights in, or to, the Service or the Resources other than the right to use them in accordance with the terms of this License.

4.2.      You acknowledge that you have no right to have access to the Service in source code form or in unlocked coding or with comments.

Section 5. Warranty

5.1.      The Licensor warrants that:

5.1.1.   if a defect in the Service occurs during the period of license and/or subscription;

5.1.2.   during the period of license and/or subscription, the Service will, when properly used, perform substantially in accordance with the functions described in the Resources, and the Resources correctly describes the operation of the Service in all material respects.

5.2.      You acknowledge that the Service has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Service and the Resources as described meet your requirements.

5.3.      You acknowledge that the Service may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of this License.

5.4.      Subject to your compliance with the terms of this License, if, within the Subscription Period, you notify the Licensor in writing of any defect or fault in the Service in consequence of which it fails to perform substantially in accordance with the Resources, and such defect or fault does not result from you having amended the Service or used it in contravention of the terms of this License, the Licensor will, at its sole option, repair or replace the Service, provided that you make available all information that may be necessary to assist the Licensor in resolving the defect or fault, including sufficient information to enable the Licensor to recreate the defect or fault.

Section 6. Licensor’s liability

6.1.      Nothing in this License shall exclude or in any way limit the Licensor’s liability for fraud, or for death and personal injury caused by its negligence, or any other liability to the extent that it cannot be excluded or limited as a matter of law.

6.2.      Subject to Clause 6.1, the Licensor shall not be liable under or in connection with this License or any collateral contract for:

6.2.1.   loss of income;

6.2.2.   loss of business profits or contracts;

6.2.3.   business interruption;

6.2.4.   loss of the use of money or anticipated savings;

6.2.5.   loss of information;

6.2.6.   loss of opportunity, goodwill or reputation;

6.2.7.   loss of, damage to or corruption of data; or

6.2.8.   any indirect or consequential loss or damage of any kind howsoever arising and whether caused by delict (including negligence), breach of contract or otherwise; provided that this Clause 6.2 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of Clause 5 or any other claims for direct financial loss that are not excluded by any of categories (a) to (h) inclusive of this Clause 6.2.

6.3.      Subject to Clauses 6.1 and 6.2, the Licensor’s maximum aggregate liability under or in connection with this License, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to a sum equal to the greater of (a) £1 and (b) ONE HUNDRED PERCENT (100%) of the license fee and/or subscription.

6.4.      Subject to Clause 6.1, 6.2 and 6.3, the Licensor’s liability for infringement of third party intellectual property rights shall be limited to breaches of rights subsisting in the UK.

6.5.      This License sets out the full extent of the Licensor’s obligations and liabilities in respect of the supply of the Service and Resources. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor except as specifically stated in this License. Any condition, warranty, representation or other term concerning the supply of the Service and Resources which might otherwise be implied into, or incorporated in, this License, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.

Section 7. Termination

7.1.      The Licensor may terminate this License immediately by written notice to you if:

7.1.1.   you commit a material or persistent breach of this License which you fail to remedy (if remediable) within 14 days after the service on you of written notice requiring you to do so; or

7.1.2.   a petition for your sequestration has been presented to the court or you have granted a trust deed for the benefit of your creditors; or

7.1.3.   the Licensee (where it is a company) becomes insolvent or unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), enters into liquidation, whether voluntary or compulsory (other than for reasons of bona fide amalgamation or reconstruction), passes a resolution for its winding-up, has a receiver or administrator manager, trustee, liquidator or similar officer appointed over the whole or any part of its assets, makes any composition or arrangement with its creditors or takes or suffers any similar action in consequence of its debt, or becomes unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), or if documents are filed with the court for the appointment of an administrator or a notice is given of intention to appoint an administrator by the Licensee or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986).

7.2.      Upon termination for any reason:

7.2.1.   all rights granted to you under this License shall cease;

7.2.2.   you must cease all activities authorised by this License;

7.2.3.   you must immediately pay to the Licensor any sums due to the Licensor under this License; and

7.2.4.   you must immediately delete or remove the Service from all Devices in your possession, custody or control all copies of the Service then in your possession, custody or control and, in the case of destruction, certify to the Licensor that you have done so.

Section 8. Transfer of rights and obligations

8.1.      This License is binding on you and us and on our respective successors and assignees.

8.2.      You may not transfer, sub-license, assign, charge or otherwise dispose of this License, or any of your rights or obligations arising under it, without our prior written consent.

8.3.      The Licensor may transfer, assign, charge, sub-contract or otherwise dispose of this License, or any of its rights or obligations arising under it, at any time during the term of the License.

Section 9. Events outside the Licensor’s control

9.1.      The Licensor will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under this License that is caused by an event outside its reasonable control (“Force Majeure Event”).

9.2.      A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular the following:

9.2.1.   strikes, lock-outs or other industrial action;

9.2.2.   civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

9.2.3.   fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

9.2.4.   impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

9.2.5.   impossibility of the use of public or private telecommunications networks; and

9.2.6.   the acts, decrees, legislation, regulations or restrictions of any government or other competent authority.

9.3.      The Licensor’s performance under this License is deemed to be suspended for the period that the Force Majeure Event continues, and it 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 this License may be performed despite the Force Majeure Event.

Section 10. Communication between us

10.1.    If you wish to contact us in writing, or if any condition in this License requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to 24D Milton Road East, Edinburgh, EH15 2NJ, Scotland and office@emotionworks.org.uk. We will confirm receipt of this by contacting you in writing, normally by e-mail.

10.2.    If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request.

Section 11. Waiver

11.1.    If the Licensor fails, at any time during the term of this License, to insist on strict performance of any of your obligations under this License, or if the Licensor fails to exercise any of the rights or remedies to which it entitled under this License, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

11.2.    A waiver by the Licensor of any default shall not constitute a waiver of any subsequent default.

11.3.    No waiver by the Licensor of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Section 12. Entire Agreement

12.1.    This License and any document expressly referred to in it represents the entire agreement between us in relation to the licensing of the Service and Resources and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.

12.2.    We each acknowledge that, in entering into this License, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us before entering into this License except as expressly stated in this License.

12.3.    Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into this License (unless such untrue statement was made fraudulently) and the other Party’s only remedy shall be for breach of contract as provided in this License.

Section 13.  Law and jurisdiction

This License is governed by Scottish law. Any dispute arising from, or related to, any term of this License (including any non-contractual disputes) shall be subject to the non-exclusive jurisdiction of the courts of Scotland.

 

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