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 the DrinkCoach Online Support Service, which can be accessed via this website.

By accessing this website in any manner (whether automated or otherwise), you agree to be bound by these Terms and Conditions and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of this site.

We reserve the right to change these Terms and Conditions at any time. Such changes will be effective when posted, provided that we may only amend the alternative dispute, venue and time limit of claims provisions to the extent allowed by applicable law.  By continuing to use the site after we post any such changes, you accept the Terms and Conditions as modified.

1. Who owns and runs the site

2. Medical disclaimer

3. Confidentiality

3.1  What information may be collected about you?

3.2  How will this information be used?

3.3  Third parties

3.4  Security

3.5  Will you transmit my personal data overseas?

3.6  Will I be sent information that I did not ask for?

3.7  Access to your personal information

3.8  Cookies

4. Other websites

5. Complaints

6. Terms and Conditions of use of the Online Support Service

6.1 Who delivers the service and our commitment to you

6.2  What service we offer and who is eligible

6.3  What we ask from you, including disclosure, booking, payment and cancellation of appointments

6.4  Consent and data sharing

6.5  What data we collect about you, and how we will use it

6.6  What steps we have taken to protect your information

7. Legal considerations and implications

7.1  Jurisdictional issues

7.2  Indemnification

7.3  Disclaimer of Warranties

7.4  Limitations of Liability

8. Changes to these Terms and Conditions

9. How to contact us

1. Who owns and runs this website and services

1.1 The DrinkCoach website, which offers you access to HAGA’s DrinkCoach smartphone and tablet app and Online Support Service, is operated by HAGA and its partners.  HAGA 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 Support 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, app and 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. Confidentiality

We collect personal information when you use the site or request advice, online support or information.  We use this information to provide the support that you request and to monitor and improve our service.

3.1 What information may be collected about you?

Some personal information (name, phone number, email and Skype address) is required to book an appointment with the Online Support Service. At your own discretion, you may also provide us with other personal information, including your address, postcode, date of birth, gender, ethnicity, and registered GP practice.

We collect this level of personal information only where you request an appointment with the DrinkCoach Online Support Service.  We collect demographic, geographic, site, app and service usage data, user feedback and testimonials for statistical and research purposes.  This will always be anonymised and will never be linked to you personally in any public domain.

3.2 How will this information be used?

Where you share personal information with us, we will use it to provide you with the services requested and to update our records, including following up with you about your drinking or corresponding with you regarding a complaint.  We also use the anonymised information we collect to track usage of the website, app and/or service, conduct research into how effective the service is and to improve and promote the service.

3.3 Third parties

We will never sell your personal data to third parties.   We may share your personal information with certain third parties but only in the circumstances set out below:

Where you request support or ask us to tell your GP your results, we will share your personal information with third parties (such as local alcohol service providers or your GP practice).  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 HAGA and for the purposes intended.

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 HAGA, its service-users and/or the public interest.

3.4 Security

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.  Access to personal information is restricted to a minimum of authorised personnel who are contractually bound to maintain your confidentiality and security.

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.”

3.5 Will you transmit my personal data overseas?

HAGA will not transfer your personal data to a country outside the European Economic Area.

3.6 Will I be sent information that I did not ask for?

No.  You will only receive information if you request it and you will only be contacted for the purposes of your request.  We will not use your contact details for further communications unless you request that we maintain contact.

3.7 Access to your personal information

You have a legal right to request a copy of the personal information that we hold about you.  We want to make sure that your personal information is accurate, up-to-date and stored by us for an explicit purpose.  You may ask us to request or remove inaccurate, unnecessary or out-of-date information.  Please note that we destroy all paper and electronic correspondence after three years in line with Data Protection best practice.

If you would like a copy of the personal data that we hold about you, please email or write to us at: Confidentiality Query, HAGA Central Office, Neighbourhood Resource Centre, 177 Park Lane, London, N17 0HJ.  We may charge you a fee (currently an average of £10) for providing this information.

3.8 Cookies

A “cookie” is a text file stored on your hard drive to collect standard Internet log and visitor information used to track visitor use of the website for statistical purposes.  A cookie cannot access or copy data from your hard disk, read cookies created by other sites, or damage your system.  You can change your browser settings so that it automatically rejects cookies or notifies you when a website tries to send you one.  Rejecting cookies may affect your access to, or enjoyment of, a website and may mean that certain features do not display or work properly.  For more information, visit www.allaboutcookies.org/ or www.aboutcookies.org

4. Other websites and apps

Our website and app contain link 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. Terms and Conditions for the Online Support Service

The terms and conditions for the Online Support Service are below.  By signing up to the service, you are confirming that you have read, understood and accept these Terms and Conditions.

6.1 Who delivers the service and our commitment to you

HAGA delivers the Online Support Service.  HAGA is a registered charity and company limited by guarantee based in the UK.  HAGA is an alcohol specialist organisation providing support to those affected by their own or someone else’s alcohol use since 1981.

6.1.1 Our mission is to lead in, and campaign for, the delivery of high quality, flexible and responsive alcohol services that improve the lives of all adults and children negatively affected by alcohol.  We are committed to supporting you to making positive changes to your drinking.

6.1.2 All our workers delivering the Online Support Service to you are alcohol specialists with the relevant qualifications, training and experience.  All our workers have completed a criminal records check and thorough recruitment checks.  All our workers have been fully inducted into our policies and procedures and are contractually obliged to comply with them.  All workers receive expert clinical supervision and managerial support.

6.1.3 We aim to send your email response to appointment bookings within three working days and for you to be seen with seven working days.  HAGA takes no responsibility for our email not reaching your inbox or your email not reaching our inbox.   Responses times may be slower during busy periods.

6.2 What service we offer and who is eligible

6.2.1 You must be at least eighteen years of age and be a resident of the United Kingdom to consent for the Online Support Service.

6.2.2 The service is not appropriate for people with moderate to severe alcohol dependence or enduring mental health problems as we cannot provide the level or continuity of care necessary.

6.2.3 We offer customers up to six sessions of online alcohol support 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 worker.

6.2.4 Where we assess you to be ineligible for the service at any time, we reserve the right to cease your sessions at any time.

6.2.5 The Online Support 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.

6.2.6 The approach that we use in our one-to-one sessions with you, Motivational Interviewing (MI), has benefits and risks.  It may involve discussing unpleasant aspects of your life and you may experience uncomfortable feelings, such as sadness, guilt, anger, frustration, loneliness, and helplessness.  However, MI has a broad internationally recognised evidence base aiming to lead to better relationships, solutions to specific problems, and reductions in alcohol consumption.  There are no guarantees of what you will experience.  You are responsible for your own well-being and health physically, emotionally and psychologically during sessions and afterwards.  The therapeutic relationship is intended to be supportive and sometimes challenging. There may be times, as in any human relationship, when things feel difficult and it seems hard to persevere.   It is always our aim to ensure that you benefit from the sessions and make positive steps to change your drinking.

6.3 What we ask from you, including disclosure, booking, payment and cancellation of appointments

6.3.1  Disclosure of alcohol consumption and other needs

You agree not to attend an appointment under the influence of non-prescribed drugs or alcohol, or to bring children or pets 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.

6.3.2 Recording

Recording of the sessions is not permitted by us, you or any third party.

6.3.3  Email correspondence

By signing up to the service, you have agreed to receive email messages from us.  The security of these messages cannot be guaranteed but will be sent from a password protected account from a computer in a private office.  The user accepts all associated risks.

6.3.4 Booking

Your initial appointment is booked by you at a time convenient via the DBIU website appointment scheduler.  An introductory email will be sent to you by the worker confirming this time.  For follow-up appointments, the time will be agreed with you at the end of each session.

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.  Changes to appointments can be arranged via email.  You must give at least 24 hours noticed as cancellation policy (6.3.6.)

6.3.5 Payment

Payment for each of the consultations is required at the time of your appointment in full. Payment must be made at least 24 hours before the appointment via the payment service, PayPal.  This is directly available at the time of booking an initial appointment.  For follow-up appointments, your worker will send you an invoice via email with a link to pay for the appointment via 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.

We reserve the right to change the session costs at any time.

6.3.5.1 Free or discounted appointments

All appointments with the service are paid for by you except where a local Public Health commissioner commissions us to deliver services at a discount or for free to their residents and you have the relevant approval to access the discounted or free service offer (whilst this funding is available), or where you are a Haringey resident that has been assessed at our alcohol treatment service (face-to-face) and agreed to a specific confidentiality policy covering our face-to-face support services in Haringey.  If you are a HAGA service-user accessing our face-to-face Haringey services, speak to your alcohol support worker about how to access our Online Support Service for free.  HAGA reserves the right to cease offering free and/or discounted sessions at any time.

6.3.6 Cancellation policy

A cancellation of an appointment more than 24 hours in advanced will be fully refunded if payment has already been made.  Failure to cancel existing appointments 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 which would have been payable and must be paid within seven days of the cancelled appointment.  Cancellations must be made by telephone or email and payment made by PayPal.

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.

6.3.7 User manual

Before using the Online Support Service, you will be sent a user manual.  By signing up to use the service, you are confirming that you have read the manual.  It is essential that you are aware of the useful contact numbers included in this manual and that you use them in case of emergency.

6.3.8 Compliance

You also must comply with all applicable laws and contractual obligations when you use this site and service.

6.4 Consent and data sharing

6.4.1  All information provided by you in relation to the Online Support Service is confidential to us except where one or more of sections 6.4.2, 6.4.3, 6.4.4 and 6.4.5 are applicable to you.

6.4.2 You expressly consent to us transferring information in the following circumstances:

• 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.

6.4.3 In addition, when you expressly consent, we may transfer information when we consult with other professionals.

6.4.4 You expressly consent to HAGA using your personal and sensitive data, in accordance with the Data Protection Act 1998, for the purposes of delivering counselling or other services to you, and for managing and quality assuring those services.

6.4.5 Where you are a Haringey resident accessing HAGA’s treatment services in Haringey who is receiving free Online Support Service appointments, your information will be entered on a patient record system, which is accessed by staff working in Haringey drug, alcohol and recovery services.  Access is only made available to authorised staff on a need to know basis.  Any paper documents produced as a result of the consultation process will be stored in accordance with HAGA’s confidentiality policy.  You will sign express consent for this on accessing our face-to-face treatment services in Haringey.

6.4.6 We may not necessarily keep a copy of these Terms and Conditions. We advise you to print and store a copy of them for your information in the future.

6.5  What data we collect about you, and how we will use it

6.5.1 Except as set out in 6.5.2 and 6.5.3  below, all information provided by you in relation to the Online Support Service is confidential to HAGA.

6.5.2 Your information will be entered on a patient record system.  It is only shared among by all staff working in HAGA services   Access will only be made available to authorised staff on a need to know basis.  You will be also consenting to anonymised data being used for evaluation and research purposes.  Any paper documents produced as a result of the consultation process will be stored in accordance with HAGA’s confidentiality policy and destroyed after three years.

6.5.3  You expressly consent to us transferring information in the following circumstances:

• 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.

6.5.4 In addition, when you expressly consent, we may transfer information when we consult with other professionals.

6.6  What steps we have taken to protect your information

You expressly consent to HAGA using your personal and sensitive data, in accordance with the Data Protection Act 1998, for the purposes of delivering counselling or other services to you, and for managing and quality assuring those services.

Your information is stored on a secure, password protected database, accessed only by authorised staff and your information is processed in line with data protection legislation.

7.  Legal considerations and position

7.1 Jurisdictional Issues

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.

7.2 Indemnification

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.

7.3 Disclaimer of Warranties

7.3.1 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.

7.3.2 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.

7.3.3 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.

7.3.4 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.

7.3.5 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.

7.4 Limitations of Liability

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.

7.4.1 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.

7.4.2 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.

8.  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 24 June 2016.

9. 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: drinkcoachapp@gmail.com

Or write to us at: Terms and Conditions Query, HAGA Central Office, Neighbourhood Resource Centre, 177 Park Lane, London, N17 0HJ.

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DrinkCoach  is delivered by Haringey Advisory Group on Alcohol (HAGA)   |   Registered charity: 1054656   |   Limited company: 3039052   |   Registered office: 177 Park Lane, Rothbury Walk, London, N17 0HJ   |   www.haga.co.uk

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