Terms and Conditions of Use
1. DEFINITIONS AND INTERPRETATION
“ICAS” means ICAS International Holdings Limited.
“Customer” means such of ICAS’ customer companies that have, solely by way of a currently valid contract with ICAS, expressly agreed to include access to this website as a part of the services provided by ICAS under said contract.
“Eligible Employee” means all employees of the Customer and such other persons nominated by the Customer who are entitled to use this website, including but not limited to any employee leaving the Customer on the grounds of medical retirement or redundancy who shall be eligible for a further three month period from the date of leaving.
“Immediate Families” include any dependents living in the same household as the employee and financial dependents up to the age of 25.
“Authorised User” means the Eligible Employees of each Customer and members of their Immediate Families.
“Unauthorised User” means anyone who accesses and/or uses this website that is not an Authorised User.
2. PROVISION OF AND MAINTAINING OF WEBSITE
2.1 ICAS endeavours to take all necessary steps, as soon as is reasonably practicable, to ensure the continuity of provision of this website.
2.2 Notwithstanding Clause 2.1, ICAS does not guarantee that the provision and/or use of this website will be uninterrupted or free from errors. Further, ICAS does not guarantee that this website and its servers are free from computer viruses or bugs.
2.3 Any claims by a Customer or Authorised User relating to the adequacy or otherwise of the standard of provision of this website, excluding its contents, will be considered exclusively in the context of the complete package of services that ICAS has contracted to provide to such individual Customer.
3.1 This website is provided on the understanding that all contact by ICAS with Authorised Users is confidential consistent with professional codes of ethics and practice of the British Association for Counselling and Psychotherapy and the Employee Assistance Providers Association from time to time. Any details and/or information which identifies an individual Authorised User of this website shall not be fed back to the Customer or any other third party save for with said Authorised User’s written consent or where there is a threat to life or risk of serious harm or where ICAS is legally required to do so. In such circumstances the details shall wherever possible be given on a “need to know” basis and if the information is judged to be of significance. Clear clinical procedures exist in such circumstances and shall be communicated to an Authorised User of this website when the situation demands.
3.2 Notwithstanding Clause 3.2, ICAS reserves the right to share aggregated information with others. This information would take the form of a number and/or proportion of visitors to the website in relation to total Authorised Users and would in no way whatsoever identify any individual Authorised User.
3.3 In accessing and/or using this website, including the use of any email facility provided by ICAS within this website, Authorised Users consent to their details and/or personal information being held by ICAS in accordance with Clauses 3.1 and 3.2 above.
4. WEBSITE CONTENT DISCLAIMER
4.1 ICAS endeavours to ensure that the information contained within this website is accurate. Notwithstanding this, ICAS stresses that said information is in no way whatsoever intended to be a substitute of any kind for medical and/or legal advice given in the context of an individual professional consultation and ICAS makes no representations whatsoever, either express or implied, regarding the accuracy of the information contained within this website or its fitness for purpose.
4.2 Pursuant to Clause 4.1, ICAS therefore accepts no liability whatsoever for any loss or damage suffered or incurred by any party, whether in action of contract, negligence or other tortious action, as a direct and/or indirect result and/or consequence of the use of any information contained within this website
5. LINKED WEBSITE DISCLAIMER
5.1 ICAS assumes no responsibility for the contents of linked websites. The inclusion of any link within this website shall not be taken as an endorsement of any kind by ICAS of the linked website and/or any of its contents, nor shall any such link be construed as evidencing any association by ICAS with the operators of any such linked website. Any external website that is visited by way of the use of a link contained within this website is visited entirely at the visitor’s own risk.
6.1 All materials contained within this website, including, non-exclusively, all text and images are protected by copyright. Said materials may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way whatsoever, the sole permissible exception being for an Authorised User’s own personal, non-commercial use. Prior written consent of the copyright holder must be obtained for any use of materials contained within this website that does not come within the entirely within the definition of the above-specified sole permissible exception.
6.2 Copyright in all materials and/or works comprising or contained within this website is and remains the property of ICAS and its licensors.
7.1 These Terms and Conditions shall be governed by and construed in accordance with the applicable law defined in the relevant contract between ICAS and the Customer that provides for the provision of this website to the Customer’s Authorised Users. Further, these Terms and Conditions shall be subject to the jurisdiction of such courts as are defined in said contract.
7.2 In the event that the information referred to in Clause 7.1 is not defined by the relevant contract, these Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
8.1 If any of these Terms and Conditions is/are declared by any judicial or other competent authority of the country in which these Terms and Conditions are intended to be effective as defined in Clause 7 herein to be void voidable illegal or otherwise unenforceable it/they shall be severed and deleted from these Terms and Conditions and all remaining Terms and Conditions shall remain in full force and continue to be binding and enforceable.
9.1 ICAS reserves the right to vary or amend any of these Terms and Conditions at any time by posting any changes online.
10.1 The failure by ICAS to enforce at any time or for any period any one or more of these Terms and Conditions shall not be a waiver of them or of the right at any time subsequently to enforce all of these Terms and Conditions.
11. DATA PROTECTION AND INFORMATION SECURITY
Both parties are mutually obliged to acknowledge and comply with the provisions of the General Data Protection Regulation GDPR as of May 25, 2018. Details regarding the technical and organizational measures regarding data protections are listed in Appendix 1.