Privacy + Terms & Conditions

1st July 2019

1. General

  1. Using this Service automatically means you accept this Agreement in its entirety and agree to be bound by its provisions until the Agreement terminates.
  2. This Agreement is between: you, the Customer and/or User and/or Referrer and/or Administrator; and us, Self Consultancy, Limited. herein referred to as ‘SC’. (company registration number SC584703, VAT number 320970028, registered office: Bon Accord Street, Aberdeen, UK, AB116ED).
  3. This Agreement will continue until terminated in accordance with Section 10 or any other section in this Agreement which by its express provisions allows a party to terminate this Agreement.
  4. We may change the terms and conditions of this Agreement at any time. It is up to you to ensure that you regularly check, read, understand and agree to the most recent version of this Agreement as you will be deemed to accept all changes if you continue to use the Service. In the event you don’t agree to the terms after a change, you must inform us of such in writing. In this event, your account will remain active for the remainder of the subscription time and your use of the Service until your subscription is time is at an end will be within the parameters of the previously published Agreement (any subsequent renewal of subscription, after this point, will be deemed as acceptance of the most recent version of this Agreement).

2. Definitions

  1. ‘Administrator’ is a person assigned by the Customer to manage the Customer’s Service account. All parts of this agreement that pertain to the Customer apply to the Administrator automatically.
  2. ‘Customer’ means any Business, Charity, or other entity thathas subscribed to the service.
  3. “Customer General Data” means data or information provided,inputted, or submitted by the Customer, Administrator, or User intothe Service. Customer data does not include Personal Data.
  4. “Customer Personal Data” means any information relating toan identified or identifiable natural person (“Data Subject”); anidentifiable natural person is one who can be identified, directly orindirectly, in particular by reference to an identifier such as a name, anidentification number, location data, an online identifier or to one ormore factors specific to the physical, physiological, genetic, mental,economic, cultural or social identity of that natural person.
  5. “Data Controller” means the natural or legal person, publicauthority, agency or other body which, alone or jointly with others,determines the purposes and means of the Processing of PersonalData.
  6. “Data Processor” a natural or legal person, public authority,agency or other body which Processes Personal Data on behalf of theData Controller.
  7. “Data Protection Laws” means all applicable EU laws andregulations governing the use or processing of Personal Data, including(where applicable) the European Union Directive 95/46/EC (until andincluding 24 May 2018), the GDPR (from and including 25 May 2018)and any national implementing laws, regulations and secondarylegislation, as amended or updated from time to time.
  8. “GDPR” means EU General Data Protection Regulation 2016/679.
  9. "Party” means the Customer, Administrator, User, or Referrertogether or individually.
  10. "Plan” means one of the free or paid offerings available withinthe Service. All Plans, whether free or paid, are ‘subscribed’ to as theCustomer must provide information prior to access to the Servicebeing given.
  11. “Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether ornot by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation,use, disclosure by transmission, dissemination or otherwise makingavailable, alignment or combination, restriction, erasure or destructionand “Process”, “Processed” and “Processes” shall be construedaccordingly.
  12. “Referrer” means a person or organisation that directlyfacilitates a Customer subscribing to the Service.
  13. “Service” means the online consulting platform ‘SelfConsultancy’ located at ‘www.selfconsultancy.io’
  14. “Supervisory Authority” means an independent publicauthority which is established, and which concerns itself with theProcessing of Personal Data.
  15. “User” means a person who has been assigned access by aCustomer to the Customer’s Service account for the means ofproviding answers to questions posed.

3. Customer

  1. The Customer accepts all terms and conditions of this agreement, and this agreement starts from the earliest date yousubscribe to the Service.
  2. Once the required information is provided on a Plan sign-up page, payment will be taken using a merchant service. Upon payment acceptance Administrator sign-in details and password will be provided to allow access to the Customer Account.
  3. If at any time during the subscription, additional Users need to be added, payment must be made for the additional Users before the additional User spaces are created.
  4. All payments are in advance of service.
  5. SC may increase the subscription fee for any Plan and the new price will be shown on all new sign-up, additional User or additional department purchase pages as well as re-subscription pages.
  6. The Customer must only use the Service for its own internal consulting purposes and only to input its own information into the Service.
  7. All rights of ownership of the information the Customer inputs into the Service remain the Customer’s but access to this information is dependent upon complying with these terms and conditions and the applicable subscription being current. SC follow good industry practice to prevent data loss but cannot guarantee that information or data will not be lost or damaged.
  8. The Customer cannot transfer a subscription to any other organisation, entity or person and refunds are not provided.
  9. The Customer must comply with all applicable laws and legislation in respect of the use of the Service and must ensure that the content of any inputted text will not result in any injury, damage or harm to SC or any third party (including, without limitation, defamation or breach of confidentiality) and the content does not contain anything which is unlawful, obscene, indecent or immoral or promotes illegal or unlawful activities.
  10. The Customer acknowledges that this is a consulting service and any Customer decisions made as a result of the consulting Service, as well as the result of those decisions, are the Customer’s sole responsibility.
  11. The Customer agrees that if it receives the Service at a special or discounted price it will only be able to receive the Service at that special or discounted price with its predetermined functionality and/or price for a fixed period and the end of that fixed period will result in the subscription reverting to the full advertised price. Access to Customer’s data will cease once the special or discounted price is at an end unless the account is renewed.
  12. Each Customer account will have one overall Administrator assigned by the Customer from their internal pool of staff. This Administrator will be responsible for the initial data input to fully configure the Customer account as well as its ongoing maintenance.
  13. Each subsequent Department account (within the Customer Account) will have, if wanted, one Department Administrator assigned by the Customer from their internal pool of staff. This Administrator will be responsible for the initial data input to fully configure the Department account as well as its ongoing maintenance.
  14. Re purchase of a Snapshot Plan will result in any previous Snapshot Plan results being discarded to make room for the new Snapshot Plan results.
  15. Upgrading to the Annual Plan from a Snapshot Plan will not result in any Snapshot Plan results being incorporated in the results sequence of the Annual Plan.
  16. Whilst SC aims to provide uninterrupted use of the Service, this cannot be guaranteed, for example, some interruptions may be caused by reasons outside SC control and in such circumstances, SC will not be responsible for any failure to perform its obligations in this agreement, and it will be excused from that failure for so long as those circumstances continue.
  17. SC does not promise that: The Service will be compatible with the Customer’s web browser, or that the Service will meet the Customer’s needs, or that the Customer will get particular outputs from the Service, or that the standard of the results the Customer gets from using the Service will be suitable for use, or that where the Customer uses SC technical support services, SC will be able to fix the problem or remedy the issue.
  18. SC expects that the Customer is solely responsible for obtaining and maintaining its internet and network connections and any associated problems are the Customer’s responsibility
  19. SC will take reasonable steps to make sure that the Service is free from viruses but this cannot be guaranteed. SC recommend that the Customer uses its own virus-protection software as SC will not be responsible for any loss or damage caused by any viruses or other harmful technology that may infect the Customer’s computer systems, data or other material owned by the Customer.
  20. The Customer is responsible for controlling who can access the Customer’s Service account. SC advise that only assigned Administrators use the Administrator’s sign in information.
  21. From time to time we may temporarily suspend access to the Service, for maintenance, repairs or other reasons. SC will try to do this outside normal business hours and provide advance notice, but this might not always be possible. If SC become aware that there is an issue with the Service which affects the Customer, SC may contact that Customer to discuss the steps required to remedy that issue. The Customer agrees to provide all reasonably assistance in helping SC remedy that issue.

4. User

  1. The User accepts all terms and conditions of this agreement, and this agreement starts from the earliest date the Administrator enters the User’s details into the Service.
  2. Upon being assigned as a User in the Service by the Administrator, the User will receive sign-in details and password to enable access to the Service as a User.
  3. The User must comply with all applicable laws and legislation in respect of the use of the Service and must ensure that the content of any inputted text will not result in any injury, damage or harm to SC or any third party (including, without limitation, defamation or breach of confidentiality) and the content does not contain anything which is unlawful, obscene, indecent or immoral or promotes illegal or unlawful activities.
  4. The User acknowledges that any Customer decision, made as a result of their information or data input into the Service as well as the result of those decisions, are the Customer’s sole responsibility.
  5. The Service converts a User’s email address to a unique code that is unknown to the Administrator and Customer. All data input by the User into the Service is assigned to this code and is therefore anonymous or as anonymous as possible without restricting the Service. The User accepts responsibility: to ensure their use of the service is not in a public place; and that they do not share their login details with other persons; and that they answer each question in a manner to maximise their anonymity.
  6. The User agrees to answer each round of questions at the frequency defined and accept that failure to do so may result in their anonymity within the Service being removed. The User also agrees to respond to in-system messages from the Administrator in a timely manner.
  7. The User has the right not to fully answer a question asked by the Administrator, via the in-system messaging system, but they agree that failure to do so may result in important information required by the Administrator being withheld and any consequences of such withholding is not the responsibility of the Administrator or Customer.

5. Referrer

  1. he Referrer accepts all terms and conditions of this agreement, and this agreement starts from the earliest date the Referrer registers as a Referrer with SC.
  2. The Referrer agrees that they are not an employee of SC and the limit of the relationship is as a facilitator between SC and the Customer.
  3. The Referrer will register with SC as a Referrer prior to facilitating activity. Information on how to register as a Referrer can be found on www.selfconsultancy.io
  4. Failure to register as a Referrer prior to the date of a Customer subscribing, regardless of facilitating activity, will result in no Referrer fee being paid.
  5. The Referrer will be deemed a Referrer, and registered as such, once a Referrer agreement is signed by both the Referrer and SC. This agreement will be provided to the Referrer for review, signature and return by SC. No changes to the Referrer Agreement will be allowed.
  6. SC reserves the right not to enter into a Referrer agreement with a particular person or entity and will not provide reasons why.
  7. Registering as a Referrer with SC does not automatically provide monetary reward. The subsequent subscription into the Service by a Customer and the provision of proof of facilitation to SC is required for a fee to be paid to the Referrer.
  8. Referrer fee will apply to the first subscription and two (2) subsequent re-subscriptions. Definition of re-subscriptions can be found in the Referrer Agreement. The Referrer fee will apply to any paid Plan.
  9. A Referrer is not automatically provided access to the Customer’s account when a Customer for whom the Referred subscribes to the Service. Access is at the sole discretion of the referred Customer and access will be provided by the referred Customer not SC.

6. Data Protection and Privacy Notice

  1. For the purposes of this agreement, the Customer is the Data Controller in respect of Customer Personal Data contained within Customer account and as Data Controller, the Customer has sole responsibility for its legality, reliability, integrity, accuracy and quality.
  2. For the purposes of this agreement, the Referrer is the Data Controller in respect of Customer Personal Data provided by the Referrer and as Data Controller, the Referrer has sole responsibility for its legality, reliability, integrity, accuracy and quality.
  3. For the purpose this agreement, the:
    1. Administrator is the Data Processor in respect of Customer Personal Data contained within Customer account where personal data is inputted or removed from the Account. As Data Processor, the Administrator will adhere to Data Protection Laws.
    2. SC is the Data Processor in respect of Customer Personal Data contained within Customer account in respect to a User’s personal identifier being handled by the Service. As Data Processor, SC will adhere to Data Protection Laws.
    3. SC is the Data Processor in respect of Customer Personal Data contained within Customer account in respect to Sign-up details submitted by the Customer. As Data Processor, SC will adhere to Data Protection Laws.
    4. SC is the Data Processor in respect of Customer Personal Data supplied by the Referrer. As Data Processor, SC will adhere to Data Protection Laws.
  4. The Customer must be authorised and have consent to:
    1. Disclose Customer Personal Data to SC.
    2. Allow SC to process Customer Personal Data as part of the Service.
  5. Where it can be deemed that SC acts as a Data Controller, SC will comply with all Data Protection Laws applicable to us as Data Controller.
  6. The Customer agrees that SC may record, retain and use, even when this Agreement is terminated, Customer General Data (but not use Customer’s name) generated during the Customer’s use of the Service in order to:
    1. Carry out research and development to improve our, and our affiliates’, services, products and applications;
    2. Develop and provide new and existing functionality and services to the Customer and other SC customers.
  7. SC will hold Customers Personal Data for the period of subscription and for a period of two (2) years from the date of subscription expiry, or agreement termination, in case the Customer wishes to re-subscribe to the Service.
  8. During the term of this agreement SC warrants and represent that it will:
    1. Comply with the Data Protection Laws applicable to SC whilst any Personal Data is in its control as is necessary for the provision of the Service under this agreement and the performance of our obligations under this agreement.
  9. SC shall take reasonable steps to ensure the reliability of any personnel who may have access to the Personal Data.
  10. SC shall ensure that access to the Personal Data is strictly limited to those individuals who need to know and/or access the Personal Data for the purposes of this agreement.
  11. SC shall ensure that persons authorised to Process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
  12. SC shall implement and maintain appropriate technical and organisational security measures appropriate to the risks presented by the relevant Processing activity to protect the Personal Data against unauthorised or unlawful Processing and against accidental loss, destruction, damage or disclosure.
  13. Subject to any existing obligations of confidentiality owed to other parties, SC shall make available to the Customer all information reasonably necessary to demonstrate compliance with the obligations set out in this section. The Customer may, at its sole expense (including, for the avoidance of doubt any expenses reasonably incurred by us), organise an independent audit, including inspection, conducted by a suitably qualified third-party auditor mandated by the Customer and approved by SC.
  14. SC shall notify the Customer or Referrer if it becomes aware of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to the Personal Data arising from our, acts or omissions.
  15. Party expressly agrees that SC may transfer, store, and process where applicable Personal Data within the SC companies where this transfer, storage and processing of Personal Data is facilitated by:
    1. SC’s contracted cloud hosting organisation using secure server and storage locations at different geographical locations outside the EEA to ensure data back-up and integrity.
    2. SC’s authorised personnel located at geographical locations outside the EEA.
  16. Party expressly agrees that all Personal Data provided by them is in electronic format and they have a copy. No return of Personal Data will be undertaken.
  17. Party can request in writing that their Personal Data is deleted. This will be performed upon receipt of the written request unless SC is under a legal obligation to store that data for a specific period of time or we have legitimate business reason for not complying with the request.

7. Technical Support and Account Access

  1. During the period of your subscription, we aim to give you 24-hour technical support 7 days a week (although there may be times where we are unable to do this for reasons outside our control) covering problems you may have using the Service. We may provide this by telephone, email or remote assistance (where we will access your account and data online). You grant us the right to access your account to provide such support.
  2. We may release enhancements or provide additional features to the Service (“Updates”). The frequency and how we provide any Updates to you will be at our discretion.
  3. We will not at any time give you technical support or other assistance for any hardware, third party software, services or other equipment used with Accounting.
  4. Customer, Administrator, and User will have access to their data in the Service:
    1. Continually during a subscription’s lifetime.
    2. One (1) month after the subscription lapse of an ‘Annual Plan’.
    3. Two (2) months after the purchase of a ‘Snapshot Plan’.

8. Intellectual Property Rights

  1. Although you have rights to use the Service or interact with SC as a Customer, or User, or Administrator, or Referrer as described in this agreement, you do not own any of the intellectual property rights in the Service. We (or the third party from whom we obtain our rights if we are not the owner) continue to own the intellectual property rights in the Service. The only rights you have to the Service are as set out in this agreement.
  2. You undertake not to use SC’s name or brand in any promotion or marketing or other announcement, unless permission is given, prior to those activities, by SC in writing.

9. Our Liability and Responsibility

  1. SC’s total liability (including negligence or breach of statutory duty), misrepresentation or otherwise arising under or in connection with this agreement will be limited to paying the Party an amount which is equal to the total of all fees that Party has paid to us for that Party’s use of the relevant Service during the six (6) month period immediately preceding the date on which the claim arose.
  2. SC will not be responsible (including negligence or breach of statutory duty) for misrepresentation or otherwise for any of the following (even if SC knew or should have known there was a possibility the Party could suffer or incur such loss or damage):
    1. Loss of profit, business or revenue and/or depletion of goodwill or similar losses.
    2. Loss of use or loss of or damage to data/information inputted by the Party into the Service.
    3. Any interruption to the Party’s business or damage to information, however that interruption or damage is caused.
    4. Losses the Party suffered as a result of using the Service other than as described in the relevant documents or instructions.
    5. Any loss or damage which we could not have reasonably known about at the time the Party entered into this agreement including, without limitation any special, indirect or consequential loss or damage.
  3. Nothing in this agreement will exclude or limit our liability for:
    1. Fraud.
    2. Death of or personal injury to any person as a result of our negligence.
    3. Any other matter which cannot be excluded or limited under applicable law.
  4. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent, permitted by law, excluded from this agreement.
  5. Party and SC’s responsibilities under this agreement are reasonable because they reflect that:
    1. SC cannot control how, and what subsequent decisions are made from, the Party’s use of the Service.
    2. SC has not developed the Service specifically for the Party.
    3. Although SC follows good industry practice, it is not economically possible for SC to carry out all the tests necessary to make sure that the Service is problem or error free.

10. Agreement Termination

  1. This agreement cannot be terminated early (prior to paid subscription lapse) by a Customer, Administrator, or User.
  2. This agreement will terminate upon: (a) Annual Plan subscription lapse, (b) two (2) months after the purchase of a Snapshot Plan, (c) two (2) months after the subscription to a free plan. Where a Customer account has both types of paid Plan, the agreement will terminate upon both (a) and (b) completion.
  3. SC may end this agreement with a Customer and their Administrators and Users immediately upon:
    1. Abuse, whose definition will be at the discretion of SC only, of the Service by an Administrator or User.
    2. Abuse, whose definition will be at the discretion of SC only, of the Service by a person or entity who has gained access to the service by using the log-in details of an Administrator or User.
    3. Customer becomes bankrupt.
  4. After agreement termination, Customer Data will not be available to Customer, unless otherwise detailed in this agreement, as access to Customer account will be suspended. If Customer wishes a copy of Customer Data post agreement termination, this will be provided to Customer by SC at an additional cost.

11. Additional

  1. If a court or similar body decides that any wording in this agreement cannot be enforced, that decision will not affect the rest of this agreement, which will remain binding on all parties. However, if the wording that cannot be enforced could be enforced if part of it is deleted, we will both treat the relevant part of the wording as if it is deleted.
  2. If Party or SC fail to, or delay in, exercising any rights under this agreement, that will not mean that those rights cannot be exercised in the future.
  3. This agreement constitutes the entire agreement between Party and SC and replaces all documents, information and other communications (whether spoken or written) between us for such use.
  4. Where correspondence is to be in writing, an email sent shall not be deemed as received unless the sending party has acknowledgement of such.

12. Governing Law

  1. This agreement is governed by the laws of Scotland and all parties agree that the courts of Scotland will be the only courts that can decide on legal disputes or claims about this agreement.