Terms & Conditions
The promotion of the Creative Relaxation technique and Creative Relaxation for Schools are programs of The Girasol Foundation, a UK registered charity, which owns the website located at www.creativerelaxation.co.uk (“Website”). The term Girasol refers to The Girasol Foundation Limited (Charity number: 1114227; Company number: 05712023) and its members, officers, directors, shareholders, employees, agents and affiliates (“Girasol”). The term “you” or “your” or “user” or “users” refers to the users or viewers of this Website.
Any information on this Website including forum postings, downloads, advertisements, graphics, services or subscriptions of any nature, links to other websites and any other materials, information or content (including the look and feel of the Website) whatsoever shall be referred to in these terms and conditions of use as “Information”.
By providing Girasol with your e-mail address, you agree to receive all required notices and other correspondence electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. If you become aware of any unauthorised use of your email address, you agree that it is your responsibility to notify Girasol.
Any Information you enter on the Website may be transferred outside the European Economic Area and to other parts of the world including the United States of America for the purposes of storage, processing and maintenance. By submitting your information to Girasol, you expressly consent to this transfer.
By using this Website you are agreeing that you bear full responsibility for your own research and decisions and you also agree that Girasol shall not be liable for any decision made or action taken by you or others in reliance upon any Information published by Girasol. The Information available on or through this Website is only for your general information and use and is not intended to address your particular requirements or circumstances. In particular, any Information is in the nature of general information and is for general informational purposes only. The Information is not personalised for you or any other recipient, does not constitute any form of advice, recommendation or medical advice by Girasol and is not and should not be considered to be an individualised recommendation. Such information is not intended to be relied upon by you in making (or refraining to make) any specific personal or other decisions. The Information on this Website is not an attempt to practice medicine or provide specific medical advice. Use of this Website does not establish a doctor-patient relationship. Any Information is provided simply for your convenience, is not intended to be relied upon and is not a substitute for professional medical advice based on your personal circumstances. In particular, to the fullest extent permitted by law, Girasol gives no representations or warranties about the accuracy, completeness, or suitability for any particular purpose of the Information and shall not liable or responsible for any actions taken by you based upon the Information. You should consult with your doctor before making any decisions based upon any Information.
Creative Relaxation, the Creative Relaxation logo and all other Creative Relaxation product or service marks are trademarks of Girasol. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on the Website are the property of their respective owners. Nothing grants you any licence or right to use, alter or remove or copy such material.
You hold the copyright in anything that you post or upload to the Website. Please note, however, that when you post or upload any information (including but not limited to the design, layout, look, appearance, graphics software and any information or materials provided by you), you expressly grant Girasol a royalty-free, non-exclusive license to use, edit, alter, adapt, translate, copy, publish, continue to publish or republish the submission (and/or an edited, adapted or translated version of it or part of it) (‘the Work’) and/or to sell or otherwise communicate or distribute the Work, as part of an edited compilation or in any other way howsoever. The license is capable of sub-license, unlimited in the use to which Girasol may put the Work and exists whether or not you remain a user. Girasol will credit you (under your user name (either the one existing at the time of the post or otherwise) as the author in any use of your material. By posting or uploading Information to the website you warrant that you have the right to grant Girasol the non-exclusive copyright license so described.
Unauthorised access of this Website is a breach of Girasol’s Terms and a violation of the law. You agree not to access this Website by any means other than the interfaces Girasol provides for use in accessing them.
Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of any data that results from the download of any such material. If you are in doubt, please consult an appropriate professional.
Girasol reserves the right to, and may, terminate or temporarily suspend your access to all or any part of the Website, without notice, for conduct that Girasol believes violates Girasol’s Terms or for any other reason in its sole discretion. Girasol will bear no responsibility or liability from such action.
You agree to use the Website in a lawful and civil manner. You may not use, or allow others to use, this Website to:
Post or transmit Information that is intentionally false or misleading
Violate any applicable laws, rules or regulations
Post or transmit any Information that is disruptive, uncivil, abusive, vulgar, obscene, hateful, fraudulent, threatening, unlawful, harassing, defamatory, or which discloses private or personal matters concerning any person
Post or transmit any Information that you do not have a right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary obligations (as in nondisclosure agreements)
Post, transmit, or link to sexually explicit material
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
Post or transmit any advertising, promotional materials, or other forms of solicitation including chain letters or pyramid schemes
Collect or store Personal Data about other users
Post or transmit any file that contains viruses, corrupted files, “Trojan Horses,” or any other contaminating or destructive features that may damage someone else’s computer or Girasol systems
Forge headers or manipulate identifiers or other data in order to disguise the origin of any Information transmitted through this Website or to manipulate your presence on this Website
Use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of this Website
Take any action that imposes an unreasonably or disproportionately large load on the infrastructure of this Website
Send unsolicited e mail or other communications containing links to the Information or this Website
Take any action that damages or disrupts the functioning of Girasol’s systems or services
Advertise any product or service or solicit any business
Identify any individual (including by way or name, address or a still picture or video) under the age of 18 or so identify any individual over the age of 18 without that person’s express consent to being identified in exactly that way
Not impersonate any other person
Breach by you of some of the above terms may constitute a criminal offence under the Computer Misuse Act 1990. Girasol will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
While Girasol can’t review all transmissions by its users, Girasol reserves the right to monitor any information transmitted or received through its Website. Girasol, at its sole discretion and without prior notice, may at any time review, remove, or otherwise alter or block any post or transmission for violating any provisions of this Agreement or otherwise taking any action considered disruptive to Girasol’s service or operations. Girasol shall be entitled to identify you to third parties who claim that their rights have been infringed by Information you have submitted to the Website
You may link to the home page of the Girasol Website, provided you do so in a way that is fair and legal and does not damage Girasol’s 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 Girasol Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. Girasol reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the Girasol Terms as if it were the Creative Relaxation website.
You agree to indemnify, defend, and hold harmless Girasol from and against any claim, liability, cost, damage or loss Girasol may incur (including, without limitation, attorneys’ fees) as a result of any Information you post or upload to this Website or any violation by you of your obligations under Girasol’s Terms or your infringement, or infringement by any other user of your e mail address, of any intellectual property or any other rights of anyone.
Girasol makes no promises, representations or warranties, express or implied, whatever including, without limitation, that the Information is accurate or fit for any particular purpose or that the Information, the Website or any related service will be delivered to you in an uninterrupted, timely, secure or error-free manner or that Girasol’s servers will remain free from attack or that such servers are free from any viruses or other harmful components. To the fullest extent permitted by law, Girasol disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, as to the Website, the Information and any and all related products and services offered on or in connection with the Website.
Neither Girasol, nor any of Girasol’s respective licensors, licensees, service providers or suppliers, warrants that the Website or any function contained on the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the servers that make the Website available are free from viruses or other harmful components. Girasol does not warrant or make any representations regarding the use or the results of the use of the Website or Information or any third-party site accessed through the Website in terms of their correctness, accuracy, timeliness, reliability, or otherwise and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any Information or any such product, offering, content or material. Please note that no advice or Information obtained by you from Girasol’s personnel or through this Website shall create any warranty not expressly provided for in Girasol’s Terms. You are responsible for validating the integrity of any Information received over the internet. These disclaimers apply to the fullest extent permitted by law.
You expressly understand and agree that, to the fullest extent permitted by the law, Girasol shall not be liable for any type of loss or injury including, without limitation:
Any direct, indirect, consequential, or incidental loss or injury including any damages, liability, claims, expenses and costs any lost profits, lost savings or any special, punitive or other damages whatsoever, including, without limitation, damages for loss of business profits (whether direct or indirect), loss of contracts, business interruption, loss of business information, costs associated with recreating lost data, the cost of any substitute program, goodwill, anticipated savings, data or other intangible loss or any pecuniary loss of any nature arising out of this Agreement or the use of or inability to use the Website or the Information, whether resulting from impaired or lost data, or any other cause, even if Girasol has been advised of the possibility of such damages, resulting from your use or downloading of any Information or from any decisions you may make based upon such Information. This includes, but is not limited to, loss or injury caused in whole or in part by Girasol’s negligence or by contingencies beyond Girasol’s control in creating or delivering any portion of the Information
Your ability or inability to use the Website or access any Information
Unauthorised access to or alteration of your transmissions or data to the Website
Unauthorised access to or use of your subscription to the Website
Statements, claims or conduct of any third party on the Website
Any other matter relating to the Website or related or linked websites
In no event shall the aggregate liability of Girasol, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Website, the Information or any subscriptions exceed any monies, if any, paid by you directly to Girasol in connection with your use of the Website or Information.
Nothing in Girasol’s Terms excludes or limits Girasol’s liability for death or personal injury caused by its proven negligence.
A person who is not party to this Agreement will not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
Girasol may transfer its rights and obligations under this Agreement to any company, firm or person at any time if it does not affect your rights under it. You may not transfer your rights or obligations under this Agreement to anyone else. This Agreement is personal to you and no third party is entitled to benefit under this Agreement except as set out here.
Any notice from Girasol to you will be delivered by e-mail you at your last known address. Evidence of sending the e mail shall be taken as evidence of delivery.
This Agreement shall be governed by the laws of England and Wales as if the Agreement was a contract wholly entered into and wholly performed within England and Wales. All disputes arising from or in connection with this agreement shall be subject to the non-exclusive jurisdiction of the English Courts. If any term of this agreement is held to be illegal or unenforceable the validity and enforceability of the remainder shall continue in full force and effect. The provision in question shall be replaced by a valid and enforceable term which corresponds, so far as possible, with the original. Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy. All disclaimers, indemnities and exclusions in this agreement shall survive termination of this Agreement. Neither you nor Girasol shall be held liable for any loss or failure to perform any obligation hereunder due to causes beyond your or Girasol’s respective reasonable control. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with any applicable local laws.