General

1. Please read the following user agreement for mymind.org / e-mymind.org (referred to here as “MyMind” and/or the “website” or “websites”) carefully and in its entirety. If you agree to the following terms, you may view, access and/or use any of the MyMind websites and/or services. If you do not wish to be bound by this User Agreement, you may not view, access or use the MyMind websites and/or services and you should bring this fact to the attention of MyMind when requesting any services.

2. All references to MyMind in this User Agreement shall include the MyMind websites, forums, services and discussion groups, and its directors, officers, employees, agents and affiliates, as appropriate.

3. Access to view and/or use MyMind websites and services are intended for all individuals. The parental/legal guardian consent form is required for individuals under sixteen years of age. However, MyMind reserves the right to provide access to services to individuals under the age of 18 without a parental/legal guardian consent in circumstances that MyMind deems it necessary or where MyMind is otherwise (in its sole discretion) of the view that it is prudent or possible to do so.

4. MyMind reserves the right to request proof of age, employment status, social welfare or student status from you should you request any services from, or seek to make an appointment with MyMind.

5. In circumstances where MyMind has introduced any new services whether under the MyMind websites or otherwise, this User Agreement will apply to those services also unless MyMind otherwise provides for a variation or change to these terms. You should check this User Agreement regularly to identify any changes or variations to same.

6. The information and documents contained on the MyMind website are intended to be for information purposes only and are not intended nor do they constitute a form of treatment or mental health assistance. If you are concerned about your health or the health of others you should seek assistance, either from your own doctor or formally by engaging with MyMind or some other service provider for the purposes of obtaining formal services which are appropriate to your circumstances.

Content

1. You may view and/or use the MyMind website and services subject to this User Agreement. You may download or print a copy of any information provided by MyMind for your personal use only. Any other use in copying, framing, downloading, or printing a copy of any information provided by MyMind is expressly prohibited unless prior written consent is specifically provided by MyMind.

2. MyMind owns all copyright, trade marks and other intellectual property rights in any and all content on this website or provided as part of the MyMind Services, or is authorised to use same and you shall not re-use any website or service content, information on materials for commercial purposes except as otherwise provided in this User Agreement.

3. MyMind does not assume any responsibility for your use of any information or data taken from the MyMind website.

Your Information

1. You further agree that the information you provided when you register for any MyMind website, forums, discussion groups and/or services is true and accurate and that if any information in your registration changes, you will correct your registration immediately, you will not allow another person to have access to any forums, discussion groups, and services in the MyMind website under your registration.

2. You will not impersonate any other person or entity in any forums, discussion groups, and services in the MyMind website and you will not post any communications or materials that you know or reasonably should know is false. You will not mislead others about your identity, education, credentials, knowledge or experience and you will not collect any information whatsoever about other users of the MyMind website.

3. By using the MyMind website and services you agree to the terms and conditions for the use of your personal information as contained in the MyMind Confidentiality Statement and Privacy Policy.

Liability and Limitations of Liability

1. MyMind does not guarantee or warrant that MyMind’s website is free of viruses or other code containing destructive properties. You are responsible for implementing reasonable measures to prevent the loss of code or data belonging to you.

2. MyMind does not make any expressed or implied warranties, representations, or endorsements, including any warranties of title or non-infringement of third parties’ rights, fitness for purpose or implied warranties with regard to any information or services provided by it or by its representatives and agents or through its websites.

3. MyMind does not warrant or guarantee the timeliness or usefulness of any information provided by or through the website. The use of the MyMind website is solely at your own risk. The site is provided on an “as is” and “as available” basis.

4. To the full extent permitted by any applicable law, MyMind hereby excludes all implied warranties and conditions as regards fitness for purpose of the MyMind services and/or the MyMind website.

5. MyMind shall not be liable to anyone for any act or omission taken in reliance upon any information provided by MyMind whether through its website or services.

6. You may not use the MyMind website for any unlawful purpose or for that which is prohibited by this User Agreement.

7. MyMind may deny you access to the website at any time for any reason at the sole discretion of MyMind.

8. MyMind is not responsible for delays or failure in performance of the website or in the provision of services resulting from acts beyond its control. Such acts shall include but are not limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, governmental regulations superimposed after the fact, fire, communication line failures, bank holidays, power failures, earthquakes and/or any other form of disaster.

9. MyMind shall not be liable for any damages whatsoever, including but not limited to, loss of business profits, business interruption, or loss of data, arising out of the viewing or use of, or inability to view or use, the MyMind websites, or for any reason whatsoever.

10. MyMind bear no responsibility and hereby exclude all liability to you for the use of any other third party website information, content and/or web services, for example, the use of Skype or other such third party web communication services are used by you at your own risk, whether such websites are accessed by a link provided on the MyMind website or otherwise.

11. You are solely responsible for communications and/or materials you post on the MyMind website.

Discussion Forums

1. MyMind does not and cannot review all communications and/or materials posted on its website and/or any user forums made available on those websites by third party users, and, as such, is not responsible in any manner for the content of posted communications or materials.

2. You may not post or transmit any communications or materials and MyMind has the right but not the obligation, to block or delete any communications or materials on the MyMind website and/or any user forums made available on those websites that may:

– be libellous, defamatory, or disclose private or personal information about another person, indecent, obscene, offensive, or pornographic, offensive, harmful, threatening, harassing, abusive, hateful, fraudulent, deceptive, or misleading, or constitute stalking,

– violate the privacy and/or property rights of others, including any unauthorized copyrighted communications or materials, trade secrets, protected intellectual property rights, data privacy and personal data rights or other confidential or trademarked proprietary information,

– interfere with the viewing or use by others of the MyMind module and services, use simultaneous, unattended or continuous connections to the MyMind website, or post or transmit any file containing any viruses or any contaminating or destructive code or features,

– be requests for charity, petitions for signatures, chain letters, or communications or materials for any pyramid schemes, advertising, solicitations, or promotional communications or materials of any kind, or be used to harvest or collect information about other users of the forums, discussion groups, and services on the MyMind website, or

– be deemed unacceptable for any reason by MyMind

– You, as a client, or previous client of MyMind, may access all written records about yourself that we hold through the MyMind appointment system.

3. MyMind may take steps, if deemed necessary, to investigate any violation of this User Agreement by you which investigations may involve the retention by it of certain communications, posts or personal information submitted by you to MyMind for the duration of any such investigation (even where such investigation extends beyond the time period for which you have used the website or availed of any MyMind services).

Disputes

You agree that any claim, controversy, or dispute arising out of your viewing or use of the MyMind website or services shall be subject to Irish law and you agree to submit to the exclusive jurisdiction of the Irish courts

Notices

All notices or communications which you wish to send to MyMind in relation to your use of the MyMind website or services must be in writing and must be delivered by An Post, addressed as follows. Notices to MyMind must be addressed to: MyMind, attention: Mr. Krystian Fikert, 137 Rathmines Road Lower, Rathmines, Dublin 6. Notices shall be deemed effective ten business days after deposit with the An Post Service.

General Terms

1. The provisions set forth in this User Agreement and the other Terms and Conditions contained on the MyMind website are the only terms and conditions governing your use of the MyMind website and services.

2. The provisions of this User Agreement shall be severable; in the event any portion of this agreement is deemed unenforceable; such unenforceability shall not affect the enforceability of the remaining portions of the User Agreement.

3. This User Agreement incorporates by reference all other agreements contained in the MyMind website in their entirety, to include but not limited to MyMind’s Confidentiality Statement, Privacy Policy, Terms and Conditions, this User Agreement and Cancellation Policy (“the Regulations”).

4. You acknowledge that you have read and accepted the above User Agreement and understand and agree to be bound by it.

5. Any amendment, change, or modification of this User Agreement may be made only under the express written direction of MyMind. This will be done through the posting of any amendment, change, or modification of this User Agreement on the MyMind website. Any viewing or use of the MyMind website or services by you shall be deemed an acceptance by you of any amendment, change or modification of this User Agreement by MyMind.

CCTV

MyMind as the corporate body has a statutory responsibility for the protection of its property, equipment and other plant as well providing a sense of security to its employees, team members, students and clients to its premises. The owes a duty of care under the provisions of Safety, Health and Welfare at Work Act 2005 and associated legislation and utilises CCTV systems and their associated monitoring and recording equipment as an added mode of security and surveillance for the purpose of enhancing the quality of life of the MyMind community by integrating the best practices governing the public and private surveillance of its premises.

The use of the CCTV system will be conducted in a professional, ethical and legal manner and any diversion of the use of CCTV security technologies for other purposes is prohibited by MyMind CCTV policy.

Information obtained through the CCTV system may only be released when authorised by the CEO , following consultation with the Chairperson of the Board of Directors. Any requests for CCTV recordings/images from An Garda Síochána will be fully recorded and legal advice will be sought if any such request is made. If a law enforcement authority, such as An Garda Síochána, is seeking a recording for a specific investigation, An Garda Síochána may require a warrant and accordingly any such request made by An Garda Síochána should be requested in writing and MyMind will immediately seek legal advice.

CCTV Video Monitoring and Recording of Public Areas in MyMind may include the following:

• Protection of MyMind buildings and property: The building’s perimeter, entrances and exits, lobbies and corridors, special storage areas, offices
• Monitoring of Access Control Systems: Monitor and record restricted access areas at entrances to buildings and other areas
• Verification of Security Alarms: Intrusion alarms, exit door controls, external alarms
• Video Patrol of Public Areas: Parking areas, Main entrance/exit gates, Traffic Control
• Criminal Investigations (carried out by An Garda Síochána): Robbery, burglary and theft surveillance