Terms & Conditions
1. APPLICATION OF THESE TERMS
1.1 These Terms apply to your membership of TAP and MAP Member Community and all dealings between you and us relating to your Community membership. They can only be varied in your case by an express written statement by one of our directors.
2. TAP COMMUNITY - MEMBERSHIPS
2.1 The Community is a “virtual neighbourhood” providing a set of tools, regular events and resources to help you with information, guidance and assistance in managing the challenges of caring for a child with autism. Our intention is that your membership of the Community will provide you with insight and establish a framework of accountability for you for the development of your own skills and resilience in managing family life with a child with autism. We aim to furnish you with a community of fellow-carers who are keen to grow substantially and are ready to share their journey with you. We also aim to provide you with access to expertise and resources to help you develop your knowledge, awareness and skills in creating the best environment for your autistic child and their siblings to thrive.
2.2 There are different levels of membership of the Community, offering different levels of support, resource and participation. The benefits and costs of each level of Community membership are described on our website at www.autismplan.co.uk We reserve the right to vary or suspend particular elements of Services from any level of Community membership if in our opinion such changes will improve the productivity or effectiveness of the Community experience for members, or where in our opinion a service element is no longer contributing productively or effectively to the Community member or community experience, or where in our opinion the change will improve our ability to deliver a good Community experience for the majority of members.
3. WORDS WITH SPECIFIC MEANINGS
In these Terms:
3.1 “we”; “us”: means The Autism Plan Ltd, a company registered in England with registration number 09909205 and registered office at The Coach House Shacklands Road, Shoreham, Sevenoaks, Kent, United Kingdom, TN14 7TU and My Autism Plan a company registered in England with registration number 11510571 and registered office at The Coach House Shacklands Road, Shoreham, Sevenoaks, Kent, United Kingdom, TN14 7TU .
3.2 “you”: means the person who is the Member.
3.3 “including”: when we give examples or a list, using the word "including" does not limit the generality of the concept or thing to the specific items listed.
3.4 “virtual” refers to training, coaching, support calls, information and services delivered over the telephone or internet.
Other words and phrases with specific contractual meaning start with a capital letter so they show up clearly
3.5 “Attender”: means a person who is attending or participating in an Event or discussions in the Member Area.
3.6 “Clause” means a numbered section of these Terms (XX.) including all its subsections (XX.1, XX.2 etc.).
3.7 “Community” means The Autism Plan Ltd Member Community. Different levels of membership of the Community are available as described on our Website.
3.8 “Confidential Information” means all information about any person, business or organisation that you get as a result of your Community membership, including information about us and our business and about other Members and their family members and anyone else.
3.9 “Contract” means the agreement between The Autism Plan Ltd and you for membership of the Community. The Contract is made when we accept your application to participate in the Community. The Contract between you and us is governed by, continues, and ends in accordance with these Terms.
3.10 “Event” means a webinar or coaching session. A “group Event” is one involving several Community Members, and an “individual Event” is a one-to-one coaching or support session.
3.11 “Materials” means written, audio and visual materials and resources presented by us to support delivery of Services, including handouts, videos, questionnaires, games, case studies, explanatory material, notes, calculations, specifications, reports, designs, drawings, flow charts, plans, recordings, reference material, prototypes.
3.12 “Member Area” means the section of our website for you to access Community resources appropriate to your level of membership.
3.13 “Member” means a person contracting with us to be a member of the Community.
3.14 “Professional” means a member of TAP Professional Community.
3.15 “Plan” means the programme of events and resources available to you, applicable to your level of Community Membership, including details of work, persons delivering services, dates, outline description of content, and additional services, as set out in the Community Membership descriptions on our website www.autismplan.co.uk
3.16 “Rights”: includes
-intellectual property rights including (but not limited to) copyrights, patents, registered designs, design rights, trademarks, service marks, and
-the right to apply for or register any such protection, and
-all rights relating to trade secrets and other unpublished information
3.17 “Services”: goods and/or services provided or supplied by us, or sourced by us for you. The particular goods and services for you will depend on the level of your membership, and are described generally on the Website.
3.18 “Terms” means these Community Terms.
3.19 “Website” means our website www.autismplan.co.uk describing the levels of membership and the benefits applicable.
3.20 “Writing”: we communicate ‘in writing’ with each other by email.
4. OUR COMMITMENTS
4.1 We will implement the Plan for you with reasonable care, skill and ability. We may vary or adapt the Plan as it progresses as we decide is in the interests of the Community and its membership.
4.2 CAUTION: Please remember that autism is a condition that presents at different levels, and individual experience and situation is very variable. We do not give therapeutic or medical advice – you should obtain that, as needed, from a registered medical practitioner. The Plan is intended to provide you with information and support, sharing our experiences and those of other Community members, and to provide you with appropriate access to Professionals in accordance with your level or membership.
4.3 Group Events will take place as described on the Community Members’ website, and may be subject to change. Group Events start and finish on time, regardless of when you link up to it.
4.4 If we have to reschedule any group Event, we will provide you with as much notice as possible of change by posting a notice in the Member Area. Do keep a regular eye on the Member Area for up-to-date details of Events. If we have to reschedule any individual Event, we will email and/or SMS you.
4.5 If you need to reschedule an individual Event, you must give at least one full week’s notice, and we will offer you a replacement date as soon as conveniently possible, provided we can do so within the allocated time period for your Plan. If you re-schedule an individual Event on less than one week’s notice, we may treat that as a cancellation of that Event by you, in which case you will not be entitled to demand a replacement Event or any refund of Community fees.
4.6 The primary provider(s) of Services may be identified in the Plan, or in the case of Individual Events we will let you know directly. Providers are recommended by us on the basis of their suitability and availability. We reserve the right to change the individual providing service in accordance with our assessment of suitability or other factors so as to provide appropriate support in the Plan.
4.7 We aim to ensure that Community Events and the Community experience is positive and productive for all Community Members. In support of that, we reserve the right to require an Attender to leave an Event forthwith if their behaviour is inappropriate, disruptive, or detrimental to the learning opportunity for others.
5. YOUR COMMITMENTS
5.1 As a Community Member, you acknowledge and agree that:
5.1.1 we do not give medical or therapeutic advice. We provide support and guidance and a platform for shared experience, but if any medical issues arise you will seek the advice of a qualified medical professional;
5.1.2 autism is a condition that presents at many different levels, and you are aware that what may be appropriate for other Community Members and their families may not be appropriate or suitable for you or your family members;
5.1.3 you are free to withhold any information that you want – there is no requirement to disclose data. But our ability to support you will be limited if we lack relevant and full information from you;
5.1.4 you will use your own care, wisdom and intelligence in deciding whether particular interventions are suitable for your family. You will monitor the effect of any interventions that you do use. And you will not hesitate to ask your registered medical practitioner or other suitably qualified professionals when you are not seeing the results you want or expect;
5.1.5 change can be difficult, and sometimes the outcome you want simply cannot or will not happen. Please allow yourself time and patience and kindness in dealing with your and your family’s situation – self-care is an important part of your being able to care for others;
5.1.6 Community tools, resources and support are to provide a framework and background for improvement and progress, but can only have effect if you pick elements appropriately and put them into practice carefully. Be suitably cautious if Community members are suggesting you can get miracle results from particular interventions – remember that if it sounds too good to be true, it probably is;
5.1.7 We provide you with access to our Professional Community as applicable to your level of Membership. We take reasonable steps to check the qualifications and quality of Professionals on our site, but we cannot guarantee their work or promise that their skills or abilities will match your specific and personal requirements. We cannot vouch for the reliability or accuracy of feedback about Professionals from other Members that is posted in the Member Area. You must make the decision whether to use any Professional based on your own direct research and enquiry of that Professional.
5.1.8 If you provide rating or feedback information on the site about a Professional, you agree that this will only be of a Professional that you have actually used, and that your rating and feedback will not be (and could not be thought to be) influenced or affected by anything other than an honest assessment of their skills and abilities;
5.1.9 you will participate with honesty and integrity in the Plan.
5.2 When participating in the Plan, information you share and your behaviour towards other Attenders shall be polite, respectful and not offensive. We acknowledge that challenge may sometimes be appropriate and helpful, but offensive or hostile behaviour towards or in relation to other Attenders is not permitted.
5.3 You acknowledge that all support sessions included in your Support Plan must be taken within the allocated time period for your Plan. Different Plans are available in our community, and their length may vary. You will be informed how long a period you have to take your allocated call time, and allocated time not used by you in that period will be lost.
5.4 You will not post material or make comments that are, or are likely to be, or are intended to be, any of the following: in breach of any person’s rights; defamatory; obscene; sexually explicit; discriminatory; violent; threatening; promoting illegal activity; deceiving any person; harassing or causing anxiety to any person; bringing us into disrepute.
5.5 You will keep your user details, log in and password for access to any element of the Plan strictly confidential and not disclose them to any other person.
5.6 You shall not promote or sell products or services to other Attenders in or during any part of the Plan without our prior written consent. If you have any financial or other interest of advantage in a product or service, you must inform us of your interest at the time you seek permission to promote.
5.7 You must have access to suitable IT equipment (including appropriate hardware and software) and adequate internet connection speeds to connect to virtual services, including suitable laptop, PC, tablet or device with speakers and microphone or headset. It is your responsibility to ensure that your hardware and software are and remain fit for the purposes of Community Membership.
6. CANCELLATION RIGHTS
6.1 We want you to be completely happy with your decision to become a Member, so we are providing a no-quibble money-back guarantee (a) for 14 days on the Platinum Plan, and (b) for 30 days on the Gold and other Plans. Our guarantee applies even if you have started to download material or participate in Events, and is in addition to and better than your statutory ‘consumer’ cancellation rights.
7.1 The charges for the different levels of Community Membership are set out on the Website.
7.2 Where you are paying by instalments, payments must be made by direct debit or by credit card continuous payment authority. If any payment is not made on the due date, your Membership (and access to the Plan) may be immediately suspended until you bring your payments up to date.
7.3 If you fail to make any instalment payment at the due time, the whole remaining balance of charges for your current membership period become immediately due and payable in full. We may elect to restore your instalment plan if you promptly bring your payments up to date after falling into arrears.
7.4 We offer a no-quibble money-back guarantee, but that is time-limited. After that time, you have no right to any refund of charges paid, whether because you are unable to attend Events or for any other reason whatsoever.
8. CONFIDENTIALITY, INTELLECTUAL PROPERTY, AND INFORMATION
8.1 You will ensure that all Confidential Information that you get is kept secret by you, and is not used or disclosed by you at any time (either during your Community membership or after it ends) unless you have first been given written permission by the person who lawfully disclosed the information, or unless and until that information has been made public, lawfully and otherwise than through you.
8.2 We will use information we receive (1) as may be necessary for the effective performance of Services; or (2) to administer and improve our service offering; or (3) as is required by law; or (4) as we reasonably consider is necessary or advisable to prevent illegal acts or harm to you or others.
8.3 Intellectual property: Information that we provide you in the course of the Plan and in Events, including Materials, is copyright information. We own or are the licensee of the intellectual property rights. You may only use information you get from your Community membership in supporting your and your family’s challenges with autism. Please note that information from your Plan is bespoke to you and your circumstances, and it will not be helpful and could even be harmful to share it with other families affected by autism, especially outside the context of appropriate professional support.
8.4 Rights in all Materials produced by us are and shall remain our absolute property. Rights in all Materials produced by Professionals are and shall remain their absolute property. The legal position is that you must not use, copy or adapt any Materials, nor disclose any part of them to any other person, for anything other than your private family purposes, and never under any circumstances for financial or other gain.
8.4.1 Materials: What you may do incudes …
-Download and look at them and use them off line
-Share the ideas with your family and friends
-Show the videos/webinars to family members and friends when you are watching with them
-Use the ideas to support you and your family
-Make a backup copy so you’re sure you won’t lose them
8.4.2 Materials: what you must not do includes …
-Give your access and login codes to anyone else
-Give anyone links to Materials or copies of downloads or backups that you have made
8.4.3 Materials: what you must do …
-If you are referring to any Material when you are writing a blog or producing or contributing to any published material, you must give a link to our Website;
-If you want to copy any Material when you are writing a blog or producing or contributing to any published material, you must first ask us whether you can, by emailing [email protected] and explaining what you want to do, and you must not copy any Material unless we have agreed in writing.
8.5 Protecting other Members’ information: You must hold as strictly confidential, and not disclose or use it for any purpose whatsoever, all information you obtain about any other Member or any of their family, unless that person has expressly and in writing authorised you to use or disclose that information.
8.6 Protecting your own information: Remember that you are ‘publishing’ information that you disclose at group Events. Although other Attenders are under confidentiality obligations as set out in these Terms, we give no warranty or undertaking that information you disclose in the Community will be held confidentially by persons other than us.
8.7 Data protection: Personal data about you and your family members which we collect in managing and administering Plans will be held by us in accordance with our data protection policy. You agree that any personal data that you collect or use about any of our people or other people you become aware of through your Community membership will be processed by you only in accordance with applicable data protection principles.
9. LIABILITY AND LIMITATION
9.1 Nothing in these Terms shall be interpreted as excluding or restricting any legal liability on us for death or personal injury resulting from our negligence or the negligence of our employees, agents or sub-contractors, or for any other matter for which liability cannot be legally excluded or limited.
9.2 Community and Plan resources, Materials, and online Events are held on third party secure servers. We take reasonable steps to ensure that online content is available at all times during the Plan, but we shall have no liability to you if any content (provided by us or added by you or other contributors) is not available or becomes corrupted in whole or in part at any time.
9.3 We have used our reasonable endeavours to provide an effective and useful user experience with our Website and its functionality, and in our selection of third-party sites where we may have elements of the Plan hosted. However, we give no warranty that any part of the Website or third-party sites or the user experience will function in any particular way, and accept no liability for failure or defect in functionality. If you experience difficulty or disappointment in the way that the Website or the Plan operates, please let us know without delay.
9.4 Any personal liability of any of our directors, partners, employees, agents or sub-contractors arising in any way out of the performance or non-performance of Services or relating to the supply of products is hereby expressly excluded.
9.5 We shall have no liability for any special, indirect, consequential or pure economic losses, costs, damages, charges or expenses suffered or incurred by you, however caused, including loss of reputation, loss or corruption of data, or losses or expenses resulting from third party claims.
9.6 We give no warranty that you will achieve particular results from your participation in any Plan.
9.7 Our aggregate liability to you, whether for negligence, breach of contract, misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the Plan shall in no circumstances exceed the cost of the provision of the Services which gives rise to such liability in respect of any occurrence or series of occurrences.
9.8 If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
10. FORCE MAJEURE
10.1 We will not be in breach of contract to you nor liable for failure to provide Services or perform obligations where it is not reasonably practicable to do so due to acts, events, omissions, accidents or circumstances beyond our control.
11. DISPUTES, RIGHTS AND LAW
11.1 Resolving problems: If there’s anything about your Plan or any Event that is not going as you want, please raise it with us without delay
11.2 Dispute process, jurisdiction and law, non-disparagement: If there is a dispute between us, we will first seek to resolve it amicably without recourse to law. If that fails, we agree and accept that the only venue for resolving disputes shall be the courts of England and Wales and that all agreements between us shall be construed under English law. The parties agree that they neither will engage in any conduct or communications, public or private, designed or intended or likely to disparage the other.
12. AFTER YOUR MEMBERSHIP ENDS
12.1 Your Community Membership will continue for the duration of the membership type you have selected while you remain a paid-up subscriber. After your membership ends, some terms of this Contract will remain in effect, without time limit. They are: Clauses 3, 5.1, 5.5, 7, 8, 9, 10, 11, 12 and 13.
13. OTHER PROVISIONS
13.1 Variation: No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of us.
13.2 No waiver: If we do not enforce, or delay enforcing, any provision of these Terms or any provision of the Contract to which they apply, then that will not be a waiver of that provision, and it will not affect or limit our ability to enforce that term or provision at any time or on any other occasion.
13.3 Rights of third parties: these Terms confer rights on you with respect to other Community Members and Attenders and parallel benefits for other Community Members and Attenders with respect to you. Please note that the Contracts (Rights of Third Parties) Act 1999 allows for the direct enforcement by you and other Community Members and Attenders of those rights and benefits.
13.4 Severability: If any provision of the Contract is not enforceable, it shall be struck from the Contract to the minimum extent necessary to make the entire Contract enforceable and this shall not affect the enforceability of the other provisions of the Contract.
13.5 Entire agreement: You acknowledge and agree that the Contract is the entire agreement between us relating to your participation in the Plan and the rights and obligations flowing from that, and in entering into the Contract you have not relied upon any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the Plan other than as expressly set out in the Contract.