1. GENERAL INFORMATION

1.1 CAPTAIN CALM SERVICES

These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on www.CaptainCalm.org (“the “Website”), through our “Powers of Control/ Add Ons” or applications (the “Apps”) or via partner websites or other delivery methods to you (the Website and such content, products, services and the Add Ons and Apps are collectively referred to herein as the “Services”).  Please read these terms and conditions carefully before ordering any Services from the Website or third party App stores (including but not limited to the Apple App Store, the Google Play Store, and Amazon,). The term “Device” refers to the device that is used to access the Services including but not limited to computers, smart phones and tablets.  The term “you” refers to the user of the Services.  When you order (“Order”) any Services from the Website, or otherwise use or access the Website or other Services, you agree to be bound by these Terms and all applicable laws, rules and regulations.  You may also be asked to click “I accept” at the appropriate place prior to your purchase of or other access to the Services.  At such time, if you do not click “I accept”, you will not be able to complete such purchase or gain such access.  By using the Website or other Services, you indicate that you accept these Terms and that you agree to abide by them.  If you do not agree to these Terms, please refrain from using the Website and other Services.

Our contact email address is info@captaincalm.org.  All correspondence to Captain Calm including any queries you may have regarding your use of the Website or other Services or these Terms should be sent to our contact email address.

1.2 BASIS OF SALE

  1. These Terms and the Order set out the whole agreement between you and us for the supply of the Services.  In order to participate in certain Services, you may be notified by us that you are required to agree to additional terms and conditions.  Unless otherwise provided by the additional terms and conditions applicable to such Services in which you choose to us, those additional terms are hereby incorporated into these Terms.
  2. Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to purchase the Services.  If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by an officer of Captain Calm.

1.3 CHANGES TO TERMS

We have the right to revise and amend these Terms from time to time without notice to reflect changes in market conditions changes in our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities, or for any other reason which we, in our sole discretion, deem necessary.  Your continued use of the services after such changes are made conclusively demonstrates your acceptance of such changes. Whenever changes are made to our Terms, this will posted on our homepage as well as in an e-mail to registered users.

2.  DEVICE REQUIREMENTS

To use Captain Calm via your Smartphone or other Device, your Device must satisfy certain system requirements.  These requirements can be found on the Website and the Google, Apple and Amazon App marketplaces.

The provision by us of the Services to your Device does not constitute any representation, statement, warranty or otherwise by Captain Calm as to the satisfaction of such system requirements by your Device and we accept no liability for the ability of your Device to display, load or otherwise utilise the Services in the manner of use for which the Services were intended and/or designed.

3.  CHANGING FEES AND CHARGES

We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services.

4.  PROHIBITED USE OF THE SERVICES

  1. You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Services or the Services themselves.  You agree not to interfere with the servers or networks underlying or connected to the Website or the other Services or to violate any of the procedures, policies or regulations of networks connected to the Website or the other Services or to violate any of the procedures, policies or regulations of networks connected to the Website or the other Services.  You may not access the Website or the other Services in any unauthorized manner.
  1. You agree not to impersonate any other person while using the Services, conduct yourself in an offensive manner while using the Services, or use the Services for any illegal, immoral or harmful purpose.
  1. By breaching the provisions of this section 4, you may commit a criminal offence under applicable laws.  We may report any such breach to the relevant law enforcement authorities and we may co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use the Services will cease immediately.

 5. MATERIALS OFFERED THROUGH THE SERVICES

5.1  COPYRIGHT

All materials (including software and content whether downloaded or not) contained on the Website or the other Services are the property of CaptainCalm.org, unless indicated otherwise.  You agree and acknowledge that the materials are valuable property and that you shall not acquire any ownership rights in or to such materials.  The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.

Material from the Website or the other Services may not be copied or distributed, reverse engineered, or republished, or transmitted in any way, without our prior written consent.  Any unauthorised use or violation of these Terms immediately and automatically terminates your right to use the Website and the other Services and may subject you to legal liability.  You agree not to use the Website or the other Services for illegal purposes (including, without limitation, unlawful, harassing, libellous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Website and the other Services.  Appropriate legal action may be taken for any illegal or unauthorised use of the Website or the other Services.

You agree not to publish the Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.  Content may contain clear GIFs or cookies that enable us to collect information with respect to the distribution and consumption of such content.

You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Services. If you make other use of the Services, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.  Captain Calm will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

5.2  TRADE MARKS

Captain Calm, the Captain Calm logo and all other Captain Calm product or service marks are trademarks of Captain Calm.  All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on the Website or the other Services are the property of their respective owners.  Nothing grants you any license or right to use, alter or remove or copy such material.

Your misuse of the trademarks displayed on the Services is strictly prohibited.  Captain Calm will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

6.  AVAILABILITY OF SERVICES

  1. Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements and we cannot guarantee that the Services will be fault-free.  If a fault occurs in the Services, please report it to us at info@captaincalm.org and we will correct the fault as soon as we reasonably can.  If the need arises, we may suspend access to the Services while we address the fault.  We will not be liable to you if the Services are unavailable for any period of time.
  1. Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Services.  We will restore the Services as soon as we reasonably can.

7.  LINKS TO WEBSITE SERVICES

  1. We may provide links to other websites or services for you to access.  You acknowledge that any access is at your sole discretion and for your information only.  We do not review or endorse any of those websites or services.  We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites or services.  We are also not responsible for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
  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, but 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.  You must not establish a link from any website that is not owned by you.  The Website and other Services must not be framed on any other website, nor may you create a link to any part of the Website or the other Services unless you have written permission to do so from Captain Calm.  We reserve the right to withdraw linking permission with written notice.  The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.  If you wish to make any use of material on the Website or the other Services other than that set out above, please address your request to info@captaincalm.org.

8.  SERVICES DISCLAIMER

The information contained the Services is for general information purposes only.  While we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the information contained on the Services for any purpose.  Any reliance you place on such information is therefore strictly at your own risk.

9.  MEDICAL DISCLAIMER

  1. Captaincalm.org is a provider of tools and techniques used in certain Cognitive Behavioural Coaching systems.  We are not a medical device, nor do we provide medical advice.  Captain Calm makes no claims or guarantees about its services.  Any user experiencing psychological and or medical issues or needing medical advice should consult their doctor.  We do not supply psychological or similar advice.
  1. Any advice or other materials on the Services are intended for general information purposes only.  They are not intended to be relied upon as a substitute for professional medical advice based on your personal circumstances.  The advice and other materials provided by Captain Calm are intended to support the relationship between you and your healthcare providers and not replace it.  We are not liable or responsible for any actions taken due to your having read or been told about such advice or other materials.  In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published on the Services.

10.  DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE

We are committed to complying with copyright and related laws, and we require all users of the Services to comply with these laws.  Accordingly, you may not store any material or content on, or disseminate any material or content over, the Services in any manner that constitutes and infringement of our or third party intellectual property rights, including rights granted by copyright law.  Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements.  You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.

If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately.  Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.  Our designated agent (i.e. the proper party) to whom you should address such notice is listed below.

If you believe that your work has been copied and posted on the Services in any way that constitutes copyright infringement, please provide our designated agent with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Services;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our designated agent for notice of claims of copyright infringement can be reached as follows:

By e-mail: info@captaincalm.org

Subject line: DMCA

11. GENERAL TERMS AND CONDITIONS

11.1  PRIVACY

We collect personal information about you through and in connection with your use of the Services.  All information that we collect about you is subject to our Privacy Policy, which forms part of these Terms, and which may be accessed from our home page.  Our Privacy Policy is deemed to be incorporated into these Terms.  You agree to our collection, use and sharing of your information as set forth in our Privacy Policy.

11.2  ASSIGNMENT BY US

Captain Calm may transfer its rights and obligations under these Terms to any company, firm or person at any time. You may not transfer your rights or obligations under these Terms to anyone else.  These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.

11.3  INDEMNITY BY YOU

You agree to defend, indemnify and hold Captain Calm and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees on an attorney-own client basis, arising in any way from your use of the Services, your placement or transmission of any message, content, information, software, or other submissions through the Services, or your breach or violation of the law of these Terms, or of the laws applicable under any other jurisdiction.  Captain Calm reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Captain Calm defence of such claim.

11.4  WARRANTiES AND LIMITATIONS

  1. We warrant to you that any Service purchased from us will, on delivery, conform in all material respects with its description.
  2. We warrant that we will use reasonable skill and care in making the Services available to you upon full and complete payment by you.
  3. The Services and their content are otherwise provided on an “as is” basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of the Services or their content.  We assume no liability or responsibility for any errors or omissions in the content of the Services, or any failures, delays, or interruptions in the provision of the Service.  We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability of fitness for a particular purpose of the Service to the broadest extent permitted by law.  We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Services.  We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Services.  We make no warranties or representations that your use of content and information posted on the Services will not infringe rights of third parties.
  4. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.

11.5 APPLICABLE LAW

Your use of the Services is governed by these Terms and these Terms shall be construed and enforced in accordance with the laws of the Isle of Man.  Disputes arising from or in connection with your use of the Services we provide are subject to the exclusive jurisdiction of the Isle of Man.

If you access the Services from any jurisdiction you do so out of your own violation and you are responsible for compliance with the applicable laws. We make no representations or warranties of any kind as to the Services’ compliance with the laws of any other jurisdiction.

11.6  NO WAIVER

If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.

11.7  FORCE MAJEURE

We will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.

11.8  INTERPRETATION

In these Terms, unless the context requires otherwise:  i)  any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.

11.9  WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing.  When using the Services, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on the Services.  You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  

11.10  NOTICES

All notices given by you to us must be given to Captain Calm at info@captaincalm.org.  We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in section 11.9 above.  Notice will be deemed received and properly served immediately when posted on the Services of when an e-mail is sent.  In proving the service of any notice, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.

11.11  SEVERABILITY

If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.

11.12 ENTIRE AGREEMENT

These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter.  We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or those documents referred to in them.  Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.  Nothing in this section limits or excludes any liability for fraud.

11.13  THIRD PARTY RIGHTS

A person who is not party to these Terms will not, subject to section 12 (DMCA), have any rights under or in connection with these Terms.

11.14  OUR LIABILITY

We will use reasonable endeavours to remedy faults in the Services.  If we fail to comply with any material aspect of these Terms, we will be liable to you only for the purchase price of the Service in question.  In addition, we will not be liable for:

  • Faulty operation of computers during the registration process or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control).
  • Any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Website or any other Service, or from transmissions via emails or attachments received from us.
  • Any use of websites linked to the Website or the other Services but operated by third parties.

In no event, including but not limited to negligence, shall Captain Calm be liable for any direct, indirect, special, incidentally, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Services or the content, materials and functions related thereto, your provision of information via the Services, or lost business or lost sales, or any errors, viruses or bugs contained in the Services, even if such protected entity has been advised of the possibility of such damages. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Services.  In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including but not limited to, negligence or otherwise) arising from these terms of use or your use of the Services exceed, in the aggregate, the amount, if any, paid by you to Captain Calm for your use of the Services during the previous 12 months or if greater $100.

These Terms are effective and were last updated on 1 August 2016.

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