These terms of use (“Terms”) (together with the documents referred to) apply to your use of our website essentic.com (the “Site”) and set out the terms on which you may access/make use of our Site whether as a guest, client, “Participant”, "Contributor", or “Feedbacker”. Use of our Site includes accessing, browsing or logging into our Site or using any of the services within it (including but not limited to our Point Positive and/or 1Self services) (“Services”).
By using our Site you confirm that you accept these Terms and that you agree to comply with them. If you do not agree with these Terms you are not permitted to use our Site and will not be able to use any Services on our Site.
You should print a copy of these Terms for future reference.
1. Information about us
This Site is operated by ESSENTIC LIMITED. We are registered in England and Wales under company number 08634404 and our registered office is at 4 Clayton Road, Buckinghamshire, HP14 3GA.
2. Accessing our site
2.1 Our Site provides access to the Point Positive and 1Self Assessments which are intended to help individuals (“Participants”) discover and employ the essence of who they are when they are at their best, by submitting stories themselves (through our “Self-assessment”), or inviting others (“Contributors" or "Feedbackers”) to submit stories about them (through our "External Assessment"), of a time when the Participant made a positive and lasting impact. Whether you are a Participant, a Contributor or a Feedbacker you agree to be bound by the following Terms.
2.2 If you choose to access our Site from outside the United Kingdom, you are responsible for your compliance with locals laws for that country if and to the extent that local laws are applicable.
2.3 Our Site is available to you on a temporary basis. We do not guarantee that our Site, or any content on it, will always be available, uninterrupted and/or error free. Access to our Site is provided “as is”.
3. Your account
3.1 If you are accessing our Site as a Participant, Contributor or Feedbacker you will be provided with a username and password as part of our security procedure (please see our Privacy policy for details); you must treat such information as confidential. You must not disclose it to any third party.
3.2 We have the right to disable any username or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
3.3 If you know or suspect that anyone other than you knows, or you have forgotten, your username or password you should promptly notify us at contact@essentic.com.
4. Intellectual property rights
4.1 Our Site contains certain materials, trade names and other proprietary information, including but not limited to text, logos, software, audio, video, multimedia content, photos and graphics. We are the owner or the licensee of all such intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2 You shall not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Portal in any form or media or by any means; attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Portal; or access all or any part of the Portal in order to build a product or service which competes with the Portal.
4.3 We ask that you do not modify, publish, transmit, link-to, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part (whether or not for financial gain) except as provided in these Terms.
4.4 You may only print off one copy, and may download extracts, of any page(s) or information from our Site for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.5 Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged with ‘©2014 - 2018 Essentic’ and you acknowledge you do not acquire any ownership rights by downloading any material from our Site.
5. Acceptable use
5.1 You may only use our Site for lawful purposes. You may NOT use our Site: in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; for the purpose of harming and/or harassing or attempting to harm and/or harass anyone in any way; to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out at clause 6 below; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, logic bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
5.2 You also agree not to: reproduce, duplicate, copy or re-sell any part of our Site in contravention of these Terms; access without authority, interfere with, damage or disrupt any part of our Site, any equipment or network on which our Site is stored, any software used in the provision of our Site or any equipment or network or software owned or used by any third party.
6. Content standards
6.1 Whether you are using our Site as a guest, client, Participant, Contributor, or Feedbacker, whenever you make use of a feature of our Services that allows you to input content on our Site (“Submissions”), any and all Submissions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted.
6.2 Submissions must not: contain any material which is misleading, knowingly inaccurate, defamatory of any person; contain any material which is obscene, offensive, hateful or inflammatory; promote sexually explicit material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark of any other person; be likely to deceive any person; be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal activity; be threatening, abusive or an invasion of another’s privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; be used to impersonate any person, or to misrepresent your identity or affiliation with any person; give the impression that they emanate from us, if this is not the case; or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
6.3 You warrant that all Submissions comply with paragraphs 6.1 and 6.2 above, and you will be liable to us and indemnify us for any breach of that warranty.
6.4 Participants:
When you select the 'Add contributors' or ‘Add feedbackers’ option on your account, before you provide contact information for your chosen Contributors or Feedbackers you must ensure that they understand how their information will be used (see our Privacy policy for details) and that you have their authority to provide it to us and to give the relevant consents on their behalf. By providing their information to us you are confirming this to be the case; and when you complete the Self-assessment as part of our assessments, you agree to comply with these Content Standards.
6.5 Contributors or Feedbackers:
When you complete the External Assessment as part of our Point Positive or 1Self Assessments, you agree to comply with these Content Standards.
6.6 Sharing Submissions:
Any content you input on our Site in your capacity as a Participant, Contributor or Feedbacker, as part of a Point Positive or 1Self assessment, will be treated as strictly confidential unless:
as a Contributor or Feedbacker, you elect to share your contributions and stories with the Participant; as a Participant, you elect to share your Point Positive report within your Point Positive network of Contributors (or selected members thereof); or otherwise in accordance with our Privacy policy.
All other content you input on our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
6.7 The views expressed by users of our Site do not necessarily represent our views or values.
6.8 If you fail to comply with our acceptable use and content standards, we may: withdraw your right to use our Site; remove any posting or material uploaded by you to our Site; issue a warning to you; issue legal action against you; disclose such information to law enforcement authorities as we reasonably feel is necessary; and/or any other action we reasonably deem appropriate.
7. No reliance on information
7.1 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that information on our Site or accessible from it is accurate, complete or up-to-date and accept no liability for any loss or damage caused by inaccurate information. If you discover any inaccurate information on our Site please let us know and, where we agree, we will correct it as soon as practicable.
7.2 The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely and you should independently verify any information before relying upon it.
8. How we use your personal information
We only use your personal information in accordance our Privacy policy. Please take the time to read this, as it includes important terms which apply to you.
9. Our liability
9.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
9.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
9.3 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our Site; or use of or reliance on any content displayed on our Site.
9.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
9.5 We have no control over and assume no responsibility for the content of websites linked to on our Site; these links are provided for your information only. Such links should not be interpreted as endorsement by us of those linked websites. Where our Site contains links to other websites and resources provided by third parties we will not be liable for any loss or damage that may arise from your use of them.
10. Viruses
10.1 We do not guarantee that our Site will be secure or free from bugs or viruses.
10.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
10.3 You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
11. Linking to our site
11.1 You are not permitted to create links to our Site from any other website without first obtaining our written permission. On obtaining such written permission: 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; 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 to our Site in any website that is not owned by you; our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page; and the website in which you are linking must comply in all respects with the Content Standards set out at clause 6 above.
11.2 We reserve the right to withdraw linking permission without notice.
11.3 If you wish to make any use of content on our Site other than that set out above, please contact us.
12. Changes to these terms and our site
12.1 We have the right to revise and amend these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you.
12.2 We may update our Site from time to time, and may change the content of it at any time, without notice to you.
13. Law and jurisdiction
13.1 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
13.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation and that either party shall be entitled to enforce any such judgment in any other jurisdiction as appropriate.
14. Contact us
To contact us, please use our form. Thank you for visiting our site.
Last updated: 28 March 2017.
