DRINKCOACH TERMS AND CONDITIONS
Thank you for visiting the DrinkCoach website. This page contains the Terms and Conditions for the DrinkCoach website as a whole and the specific Terms and Conditions for use of the DrinkCoach Alcohol Test and the DrinkCoach Online Coaching Service, which can be accessed via this website.
7.1 What is coaching?
7.2 Eligibility criteria
7.3 Booking Appointments
7.5 Cancellation Policy
7.6 Promotional Codes
7.7 Consent and Data Sharing
7.8 Disclosure of Alcohol Consumption
7.9 Recording of sessions
1. Who owns and runs the site
1.1 The DrinkCoach website is operated by Humankind Charity. Humankind collects and processes data submitted to the website.
1.2 We own the intellectual property rights in the content and materials displayed throughout the DrinkCoach website, app and Online Coaching Service. You may use this site (including content and materials) for your own personal, non-commercial use, but you may not use it for commercial purposes and you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, adapt, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from this site unless explicitly authorised by us. You may, however, from time to time, download and/or print copies of pages of the site and/or app for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Unauthorised use of the information provided by us may give rise to a claim against you for damages and/or be a criminal offence.
2. Medical disclaimer
2.1 The information and opinions expressed here are based on the best judgment and knowledge of the authors and are for informational purposes only. All material on the website, test, app and coaching service is, however, provided for your information only and may not be construed as medical advice or instruction. No action or inaction should be taken based solely on the contents of this information; instead, visitors to the site and service-users should consult appropriate health professionals on any matter relating to their alcohol use and other matters concerned with their health and well-being.
2.2 If you are in any doubts about your own or someone else’s health and well-being, consult your GP, attend a walk-in centre or, in case of an emergency, call 999. All links from this website, app and service are provided for information and convenience only. We cannot accept responsibility for linked sites, or the information found there.
3. Data Protection
We use SquareSpace to host the website, they are based in the United States (US). The General Data Protection Requirement (GDPR) requires that certain safeguards be put in place when transferring data outside the European Union (EU). Squarespace have self-certified to the EU-US and Swiss-US Privacy Shield, which allows them to lawfully transfer EU and Swiss personal data to the US, including to the US-based data centre.
We have disabled Activity Log so Squarespace cannot collect or see a visitors’ IP addresses or any other personal data
We have disabled Squarespace Analytics cookies so they cannot place Squarespace Analytics cookies on visitors’ browsers.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know such data. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We are committed to protecting your privacy and use appropriate standards of technology and operational security to protect your information, including a Secure Server (based in London), network firewall connection and high strength passwords on all restricted information.
However, the Internet is not completely secure. Personal data submitted by means of the Internet is vulnerable to unauthorised access by unauthorised third parties. Submission of personal data using the Internet is always at your own risk. Whilst we take every reasonable and appropriate step to ensure that your personal information and data are stored securely, we will not be liable for disclosure of data due to errors in transmission or the fraudulent, negligent or other illegal acts of a third party, such as ‘”hacking,” “spamming,” or “spoofing.” We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so within 72 hours.
4. Other websites and apps
Our website and app contain links to other websites or apps. These Terms and Conditions only apply to our website, app and services, so when you visit other organisation’s websites or apps you should refer to their own Terms and Conditions. We are not responsible for the quality or accuracy of content on third party websites, apps or services.
5. Complaints about confidentiality
If you think we are in breach of our responsibilities related to confidentiality and feel that we have failed to resolve the matter, you have the right to complain to the Information Commissioner. Call their helpline 0303 123 1113 or visit www.ico.gov.uk for more information on how to make a complaint.
6. The Alcohol Test
The Alcohol Test uses the World Health Organisation’s Alcohol Use Disorders Identification Test (AUDIT) which is a validated tool available in the public domain.
The Alcohol Test is the gold standard tool in alcohol screening and is not a diagnostic tool for alcohol abuse or alcohol dependence.
The brief advice provided is based on best practice available and is not intended to replace the advice from your GP or health professional.
The DrinkCoach Alcohol Test is hosted separately on CloudNext which is a UK based company bound by GDPR. Data is held and stored within the UK.
We use Google Analytics to understand general trends about our content and traffic sources, for example where users come from, which pages are most popular, and which websites provide the most traffic. Data collected by Google Analytics is anonymised and does not contain personally identifiable information.
Where a Local Authority commissions the DrinkCoach Alcohol Test, we provide monthly data reports which contain aggregated data for the duration of the commissioned period. Aggregated data does not reveal your identity and is not personal data. An example of aggregated we share is the number of residents who scored higher risk on the AUDIT. No personally identifiable information is provided.
Where you enter your postcode to find support near you, we do not collect, store or share this information.
7. Online Coaching Service
We offer clients up to six sessions of Extended Brief Interventions (EBI) delivered online by an alcohol specialist. EBI is based on ‘brief lifestyle counselling’ and motivational interviewing techniques. These sessions cover your drinking history, the pros and cons of change, strategies for making changes to your drinking, a personalised change plan and on-going motivational support from your coach.
Each session (including the initial assessment appointment) will last up to forty minutes unless otherwise agreed. No additional time can be given at the end if you are late for the session. The worker will keep strictly to the time. It is important to end your session promptly because the worker uses twenty minutes between appointments to write and review notes and prepare for the next client.
7.2.1 You must be at least eighteen years of age and be a resident of the United Kingdom to consent for the Online Coaching Service.
7.2.2 The service is not appropriate for people with moderate to severe alcohol dependence or other complex needs as we cannot provide the level or continuity of care necessary.
7.2.3 Where we assess you to be ineligible for the service, we reserve the right to cease your sessions at any time and offer you referral to a local treatment provider.
7.2.4 The Online Coaching Service is not intended to replace the service of your GP or emergency services and is not responsible for providing emergency services, support outside of booked appointment times, physical health screening, and/or mental health or medical diagnoses.
We use the third party, Booking Live to host our online booking services. They are a UK based company who store and process data within the European Economic Area (EEA) and are bound by GDPR.
Selected appointments are reserved for 20 minutes, and if no payment is made the appointment will be released. Appointments are confirmed upon receipt of payment, usually via PayPal or promotional code.
An introductory email will be sent to you by the worker confirming the date and time in addition to providing you with an electronic user manual. For follow-up appointments, the time will be agreed with you at the end of each session.
Changes to appointments can be arranged via email. You must give at least 24 hours notice as per the cancellation policy (7.5)
Payment for each of the consultations is required in full at the time of booking your appointment via Booking Live. Payment is made using PayPal.
Payment is for advice given, time for the consideration of the case and the actual consultations. Once this has been undertaken, no refunds will be given.
Invoices or receipts can be given on request. Charges will be made on a pro rata basis for any reports that we may be required to write or to read in connection with your support or for any support between sessions or in any contact with your GP or psychiatrist.
Any refunds will be subject to our cancellation policy and do not affect your rights.
We reserve the right to change the session costs at any time.
A cancellation of an appointment more than 24 hours in advance will be refunded in full where payment has been received. Failure to cancel existing appointments, cancelling with less than 24 hours’ notice or failure to show up at your arranged appointment will result in a cancellation fee being charged. This will be 50% of the fee that you have paid. Cancellations must be made by telephone or email.
If you are funded by a free or discounted scheme and do not cancel with more than 24 hours notice, then this will equate to one session being lost from the scheme.
Refunds are manually processed and may take 3-5 working days to show in your account.
7.6.1 Free scheme areas: Promotional codes that apply discount for free scheme areas are not valid outside the period of active commissioning or in the case where the total number of commissioned sessions have been redeemed within this active period.
7.6.2 Valid free scheme area promotional codes entitle the customer to one free session per booking.
7.6.3 Any person using a promotional code for a free scheme will also need to verify that they are eligible for that scheme. Any person deemed not eligible will be issued an invoice for the full £55 payment to be made payable within 7 days of the invoice issue date.
7.6.4 Promotional codes cannot be used in conjunction with any other offer.
7.6.5 Promotional codes have no cash redemption value.
7.6.6 We reserve the right to cancel or amend any promotional codes without prior warning.
7.6.7 By redeeming a promotional code you agree to be bound by the DrinkCoach Terms and Conditions.
All information provided by you in relation to the Online Coaching Service is confidential to us except where one or more of sections 7.7.1, 7.7.2, 7.7.3 and 7.7.4 are applicable to you.
7.7.1 To exercise our duty of care to keep you or someone else safe from harm:
Where we are legally compelled to do so;
Where we have reason to believe that someone, especially a child, is at risk of harm;
Where we are acutely concerned about your welfare;
Where there is a duty to the public to disclose;
Where disclosure is permitted by law and required to protect our interest;
Where disclosure is made at your request or with your consent.
We may also supply your personal information to government bodies and law enforcement agencies but only: if we are required to do so by the requirements of any applicable law; if in our good faith judgment, such action is reasonably necessary to comply with legal process; to respond to any legal claims or actions; or to protect Humankind, its service-users and/or the public interest. All requests for information will be reviewed and authorised by the named Caldicott Guardian within Humankind.
7.7.2 In addition, when you expressly consent, we may transfer information when we consult with other professionals. Where you agree to be referred to a local alcohol treatment provider, we will share the information required to make that referral. These third parties must at all times provide the same levels of security for your personal information as we do and, where required, are bound by a legal agreement to keep your personal information private, secure and to process it only on the specific instructions of Humankind and for the purposes intended. All referral forms and correspondence will be securely emailed from an encrypted mailbox to the receiver’s encrypted mailbox where applicable.
7.7.3 The DrinkCoach staff receive monthly clinical supervision. As part of supervision your sessions may be discussed in order to evaluate progress against the treatment plan.
7.7.4 Your information will be stored on the secure Humankind server, which is accessed only by DrinkCoach staff on a need to know basis. Any paper documents produced as a result of the consultation process will be stored in accordance with Humankind’s confidentiality policy and destroyed after ten years. You will sign express consent for this on accessing our face-to-face treatment services in Haringey and will agree to our consent and confidentiality policy on beginning your online sessions.
You agree not to attend an appointment under the influence of non-prescribed drugs or alcohol, or to bring children or family with you. In such cases the session will most likely be terminated and charged as usual.
The service relies on self-reporting of your alcohol consumption and advice will only be given based on your accurate feedback. Under reporting of consumption, for instance, could lead to potential dangerous consequences. For example, sudden cessation or rapid reduction of alcohol consumption can lead to alcohol withdrawal syndrome, which is potentially life threatening.
By agreeing to these Terms and Conditions, you are aware of this and accept your duty to fully disclose your alcohol consumption and alcohol withdrawal symptoms and any other health/mental health/or support needs, so that we can determine your eligibility for the service.
Recording of the sessions is not permitted by us, you or any third party.
8. Legal considerations and implications
We control and operate this website, app and service from our facilities in the United Kingdom, and unless otherwise specified, the materials displayed on this website and app, and used by our workers are presented solely for the purpose of promoting products and services available in the United Kingdom and its territories. We do not represent that materials on this site, app or the service are appropriate or available for use in other locations. If you choose to access this site, app and service from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to indemnify, defend and hold us and our partners, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, expenses and costs, including reasonable legal fees, arising from your use of this site, app and service, your submissions to this site, or any violation of these Terms and Conditions, or applicable law, by you or a third party acting as you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms and Conditions and the termination of your use of this site.
8.3.1 This site and its content and services are provided for informational purposes only. We provide this site on an "as is" and "as available" basis, without warranty of any kind whether express or implied (including warranties of merchantability, fitness for any particular purpose and non-infringement). This means that we make no promises that:
The site will be available at any particular time,
The site will meet any particular requirements or provide any particular results,
The information on the site will be accurate or up-to-date,
The site or the information transmitted to or from it or stored on it will be secure from unauthorized access or,
The site will be uninterrupted or error-free or will be free of viruses or other harmful components, or that defects will be corrected.
8.3.2 We likewise make no warranties or representations regarding any products or services ordered or provided via this site, service or app. Any services provided via this site, service or app are provided "as is", except to the extent, if at all, otherwise set forth in a separate agreement entered into between you and us.
8.3.3 If you purchase a product or service from a third party after following an ad or link via our site, service or app, the terms of sale for your purchase are between you and the third party from whom you made the purchase. We are not responsible for such third party products or services or for disputes between you and their sellers.
8.3.4 You agree that use of this site is at your own risk. Although we try to ensure that the information posted on the site and provided by our workers is accurate and up-to-date, we reserve the right to change or make corrections to any of the information (including pricing) at any time. We cannot, and do not, guarantee the correctness, timeliness, precision, thoroughness or completeness of any of the information available via this site, service or app, nor will we be liable for any inaccuracy or omission concerning any of the information provided via this site, service or app.
8.3.5 No advice, results or information, whether oral or written, obtained by you from us or through the site, service or app shall create any warranty not expressly made herein. We hereby disclaim, and you hereby waive, any and all warranties and representations made in services literature, frequently asked questions documents, support documentation, by our workers, by our customer service and support agents, and otherwise on the site or in correspondence with us or our partners. These disclaimers apply to us and our partners, as well as third parties, that are involved in the creation, production or distribution of the site, and any of their employees and agents.
If you are dissatisfied with this site, app, or any materials, or services on this site, or with any of the site's, app’s or service’s Terms and Conditions, your sole and exclusive remedy is to discontinue using the site, app and/or service.
8.4.1 In no event will we or any of our partners, affiliates, or any of our or their directors, officers, employees, agents or content or service providers, be liable for any damages (including, without limitation, direct, indirect, special, incidental, consequential, exemplary or punitive damages) arising from, or directly or indirectly related to, the use of, or the inability to use, this site or app (or the content, materials and functions provided as part of this site) or our services, whether in an action of contract, negligence, or strict liability, even if we knew, should have known or had been advised of the possibility of such damages.
8.4.2 Notwithstanding and without limiting the foregoing, you agree that our liability and the liability of our affiliates, and of any of our or their directors, officers, employees, agents or content or service providers, if any, arising out of any kind of legal claim in any way relating to the use of this site and our services, will not exceed the amount you have actually paid to us, if any, for use of the site, app and/or service, or, if applicable, for use of the specific site or app feature or service from which the claim in question first arose.
9. Changes to these Terms and Conditions
We review, modify and amend this policy regularly. We place any updates on this webpage. These Terms and Conditions were last updated on 11 April 2019.
10. How to contact us
Please contact us if you have any questions or comments about our Terms and Conditions or information that we hold about you.
By email: firstname.lastname@example.org
Or write to us at: DrinkCoach Terms and Conditions Query, Humankind London Office, 210 Wandsworth Road, London, SW8 2JU.