Updated: April 2016
This Terms of Service Agreement ("Agreement") is derived from the InSpiral Exchange Principles, and governs our relationship with users and others who interact with InSpiral Exchange. By using or accessing our services, you agree to this legally binding agreement. We will continue to do whatever we reasonably can to create a superior user experience, but we look to you, our users, to help keep the site clean and healthy.
InSpiral Exchange is a free skills exchange platform for all professionals working in the field of wellbeing.
Our mission is to connect all professionals working in wellbeing around the world, allowing them to exchange their skills with other professionals, to grow their network and knowledge, as well as investing in their own personal wellbeing and professional development. All members can exchange their skills to further enhance the Physical, Emotional, Intellectual and Spiritual wellbeing of others, and themselves, whether they do this locally or online.
Here are some basic definitions regarding the wording in this Agreement.
3.1 “Agreement” means the agreement between you and us, incorporating these terms and conditions for the provision of the Service.
3.2 “We, Us, Our” means InSpiral Exchange, contact: email@example.com. InSpiral Exchange is the owner and operator of www.inspiralexchange.com, and any linked pages, social networking sites or applications (the "site") and is the provider of the services available on the site (collectively, the "services").
Here are some other definitions:
- “information” includes all content, software, data, text, photographs, graphics, sound and video.
- “content” includes anything you post on InSpiral Exchange that would not be included in the definition of "information."
- “data” includes content and information that can be retrieved.
- “post” is when you post on InSpiral Exchange or otherwise make information and content available to us.
- “use” means use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- “user” means any person that accesses our website, mobile app or content via any type of computing device.
- “member” means a registered member of our service
- “Service” means the service provided by Us to You including, but not limited to, us allowing you to browse the Website/mobile app, contact and/or be contacted by other Members through the Website/mobile app and/or Post Information on the Website/mobile app
- “Wellbeing” means the general state of an individual’s mental, emotional, intellectual, physical, spiritual and social state of being. To maintain a balanced, healthy, happy and comfortable state of being is considered to be that of wellbeing.
- “Professional” means formally certified by a professional body or belonging to a specific profession by virtue of having completed a required course of studies and/or practice. And whose competence can usually be measured against an established set of standards. It also implies that one is engaged in a specified activity as one's main paid occupation rather than as an amateur.
- “Skill exchange” is the free and consented agreement between registered professional members of InSpiral Exchange to trade their time and expertise on-line or physically to obtain mutual benefit.
- InSpiral Exchange meet-up groups are groups created by registered InSpiral Exchange members, to exchange their skills and information, in a group setting in their local community.
Ownership of Content and Information:
- You are solely responsible for and own all of the content and information you post on InSpiral Exchange, for which you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content that you post on or in connection with InSpiral Exchange.
- When you delete IP content, we delete it from our systems. However, you understand that removed content may persist in backup copies for a reasonable period of time. Content that you have shared publicly or while using the service may not always be recoverable and destroyable.
- InSpiral Exchange is under no obligation to review any messages, information or content posted by users and assumes no responsibility or liability related to them. However, we have the right to review, edit, and delete any content that, in our sole judgment, violates this Agreement.
5. Safety and “Do´s” and “Dont’s”
While we cannot guarantee safety, we do our best to keep InSpiral Exchange a clean and welcoming environment. You are expected to help in the following ways:
5.1 Be considerate to your fellow members in the following ways:
- You will not provide any false personal information.
- You will be truthful in your profile and interactions, and provide a current photograph of yourself.
- You will not create an account for anyone other than yourself or access an account belonging to someone else.
- You will not maintain more than one account.
- You will not bully, intimidate, or harass any other user.
- You will not post content that is unlawful, harmful, threatening, abusive, malicious, misleading discriminatory, harassing, defamatory, vulgar, obscene, pornographic, violent, profane, hateful, racially, ethnically or otherwise objectionable material of any kind.
- You will provide honest details of your qualifications, membership to professional bodies and insurance cover.
5.2 Be considerate to InSpiral Exchange. You will not:
- Collect user's content or information, or otherwise access InSpiral Exchange, using automated means without our written permission.
- Upload or post viruses or other malicious code.
- Do anything that could disable, overburden, or impair the proper working of InSpiral Exchange, such as a denial of service attack.
- Facilitate or encourage any violations of this Agreement.
- Use InSpiral Exchange for you own commercial gain. We exist to help you connect and exchange your skills, not for you to make money.
- Create a false identity on InSpiral Exchange;
- Misrepresent your current or previous positions and qualifications;
- Misrepresent your affiliations with a person or entity, past or present;
- Misrepresent your identity, including but not limited to the use of a pseudonym;
- Create a member profile for anyone other than yourself (a real person)
- Use or attempt to use another's account;
- Harass, abuse or harm another person;
- Send spam or other un-welcomed communications to others;
- Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
- Disclose information that you do not have the right to disclose (such as confidential information of others)
- Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by InSpiral Exchange;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
InSpiral Exchange does not currently conduct criminal background screenings of its members. Please refer to the FAQs for our rational.
In order to keep unsavoury users away, InSpiral Exchange may block certain IP addresses from accessing the website.
6. Your Obligation as a Member
You will use all reasonable endeavours to honour your side of any agreement you make with another member. If you agree to swap a skill and exchange with another member, you will use all reasonable endeavours to honour your side of the agreement by carrying out the exchange you agreed within the timescale agreed. Should you fail to do so, we reserve the right to cancel your membership.
- You will take full responsibility for the agreement you make to swap skills and exchange with another InSpiral Exchange member. We will take no responsibility or liability for any breach of agreement between you and another member.
- You will not attempt to mislead other members in any way regarding your identity, experience or capabilities.
- You will not post Information which breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or code of conduct or any other parties' rights (including but not limited to Intellectual Property Rights and/or privacy rights)
- You will not copy, in whole or in part any of the Information on the Website (including, but not limited to any Information contained in other Members" Profiles) other than for the purposes contemplated in this Agreement;
7. InSpiral Exchange Services
- Post information about yourself in your profile on the InSpiral Exchange service. This profile will be visible to Members who can search for you by criteria contained in your profile.
- Upload photographs of yourself to your profile. Photographs must not be pornographic, offensive or be detrimental to the reputation of InSpiral Exchange in any way and we reserve the right to remove any photographs that we consider inappropriate.
- Invite your friends to join in order to help build the community.
- Search for other Members on the InSpiral Exchange platform.
- Receive emailed messages sent by Members, which will be sent to the email address contained in Your Member Details. These messages can also be located in your Envelope box when you are logged in.
- Send private email messages to other members
- Leave feedback for members who you have exchanged with, which can be posted on their profile page with their agreement, and you can also request feedback from other members.
- Post success stories which will appear on the site if they are acceptable to us and both Exchange Members are in agreement.
- You may start discussions and post questions on InSpiral Exchange´s Forums and other resource pages.
8. Registration and Account Security
InSpiral Exchange users provide sensitive information about themselves so security is very important to us. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- If we disable your account for any reason, you will not create another one without our permission.
- You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
- You will not use InSpiral Exchange if you are under 18.
- You will not use InSpiral Exchange if you have been convicted of any offence relating to violence and/or any offence under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); and/or You have been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act).
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will be a qualified professional, working in the field of Wellbeing - in a number of different roles such as Teacher, Trainer, Mentor, Practitioner and/or Therapist. Or any other title which qualifies you as a Certified Professional.
- Posting any junk mail, spam, chain letters, pyramid schemes or any similar or fraudulent schemes or any inappropriate form of solicitation; or collection of the responses to any such schemes or solicitation will end in the cancellation of your membership.
9. YOUR PROFILE
- You acknowledge that other Users will be able to view Your Profile.
- We may copy and/or reproduce any Information Posted by you on the Website in any form and in any manner we wish.
- If You Post and/or disclose to other Users any confidential or sensitive Information about Yourself then you do so entirely at your own risk.
- You will be able to view the details and profiles of other Members.
- You warrant and represent to us that all Information Posted by you is accurate, true, complete and is not misleading; and will be regularly updated by you so that it remains accurate, true, complete and not misleading.
- We reserve the right to review Your Profile from time to time and to amend and/or delete it if We, in Our sole discretion, think that it should be amended and/or deleted.
- In keeping with our policy and values that all our member must be trustworthy, You will provide your full, real name in your profile which all other members will be able to view in your profile.
10. FUNCTIONING OF THE SERVICE
- The Service is provided in its current form and we do not guarantee or warrant that the Service, or any element of the Service will meet your requirements, purpose and/or expectations.
- We do not guarantee or warrant that any of the Information provided in or via the Service is accurate or reliable. You rely on it at Your own risk.
- Due to the nature of the internet, we do not provide any warranty or guarantee in respect of the Service, results, availability, and/or uninterrupted use of the Service except that we will use our reasonable endeavours to rectify serious faults as soon as practical, though not within any particular timescale.
- We reserve the right to make changes to the Service provided that they do not have a material adverse effect on the quality of the Service.
- We reserve the right to suspend the Service without notice for repair, maintenance or other technical reasons.
Currently there is no fee to become a member of InSpiral Exchange. All services are completely free of charge to members.
This excludes any advertising on the website which will be negotiated directly with the client.
12. Our Ability to Take Action
In order to keep the high quality level of our service, we need the ability to enable, tweak, or disable certain features (temporarily or permanently).
We may alter, suspend, or discontinue the service at any time, including the availability of any services, features, or content. We may also impose limits on certain features and aspects of the content or restrict your access to part or all of the content without notice or liability.
13. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on InSpiral Exchange that infringes or violates someone else's rights or otherwise violates the law.
- If you repeatedly infringe on other people's intellectual property rights, we will disable your account at our discretion.
We will need to communicate with you while you are using the service.
- You agree that we may use the email address you provide during registration to send you services notices, including any notices required by law, in lieu of postal mail.
- We may also send you additional notices, including alerts regarding your interactions with the website, relevant service information, and special offers.
- The only occasion when you will be able to view another members private email address, is when they send you a private message via the platform. They will only be permitted to do this once you have both agreed to a Connection first.
15. Cancellation, Termination and Suspension
This agreement becomes effective in full force while you use the website and/or are a member. Just as you can walk away from using this service without giving us a reason, we can terminate the service as well. We need to be able to do so quickly in case a malicious user is found on our systems, for example.
- Either you or InSpiral Exchange may terminate your account at any time, for any reason or no reason, without explanation. You will need to select Cancel Membership, which is found in Your Profile page when you are logged in.
- InSpiral Exchange reserves the right to immediately suspend or terminate your access to any of the services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our services and any other records at any time at our sole discretion.
- You may not attempt to rejoin as a new member or use our services again.
16. Advertisements and Strategic Partnerships
We may engage in tasteful promotions with strategic partners that are aligned with InSpiral Exchange’s standards for quality.
- To show ads that are most relevant to you, we may allow advertisers to filter ad distribution based on non-identifiable content in your profile.
- We will not share your personal information directly with advertisers without your consent.
- You understand that your dealings with advertisers found on our website are solely between you and such advertiser. We are not liable for any loss or damage you may incur with other businesses, even if they were promoted on our website
17. Amendments and Changes
- We strive to continually improve our service in response to the feedback from our members and thus may need to amend this Agreement.
- We may amend or change this Agreement from time to time by updating this page and the date at the top of the page.
- Your continued use of the Service after any such changes constitutes your acceptance of the new Agreement.
18. Responsibility and Liability
InSpiral Exchange exists to support members in connecting and exchanging a skill. We need to make certain that you understand the limitations of our responsibility. While we aim to create a safe environment, you are responsible for the wellbeing of your property and yourself.
- You will not hold InSpiral Exchange responsible for the conduct, whether online or offline, of any user of the service. You are strongly advised to use discretion and follow all applicable safety precautions when interacting with other users.
- You will not hold InSpiral Exchange liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service or any content posted/transmitted via the Service.
- You agree to take reasonable precautions in all interactions with other Members of the service, particularly if you are meeting in person.
- You understand that we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications.
- You understand that InSpiral Exchange makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.
You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by us and arising from and/or relating to your use of the Service, Information and/or other material Posted on or via the Service by you and/or arising from or due to any breach of contract, any tortuous act and/or omission and/or any breach of statutory duty by you.
- The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts, and unincorporated associations.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- You will comply with all applicable laws when using or accessing InSpiral Exchange.
21. Proprietary Rights
- InSpiral Exchange owns and retains all proprietary rights in the website and the service. The website contains the copyrighted material, trademarks, and other proprietary information of InSpiral Exchange, its subsidiaries partners and its licensors. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information unless it is available in the public domain or you have written permission to do so.
- We always appreciate your feedback and comments about InSpiral Exchange you may post on www.inspiralexchange.com and any other social media platform and related, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
22. Claims of Copyright or Claims of Infringement
InSpiral Exchange respects the intellectual property of others, and we ask our users to do the same. InSpiral Exchange may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us 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 Site;
- 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 owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice 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.
InSpiral Exchange agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: firstname.lastname@example.org