Terms of Service

Effective date: 1 November 2024

1. Introduction

Thanks for using FindMyFlow đź’ź

We strive to ensure users are fully satisfied with their FindMyFlow experience. Please read these Terms carefully, as they govern your use of the FindMyFlow Website and Platform, and limit our liability to you. 

By accessing or using the FindMyFlow Website and/or Platform you are agreeing to these Terms in full, and forming a contract with Arcola Limited, trading as FindMyFlow. 

If you disagree with any part of these Terms, you must not use the Services.

Questions

If you have any questions regarding the Terms, please contact us by email at: contact@findmyflow.co.uk  

2. Definitions 

We’ll start with some definitions to help you understand these Terms.

FindMyFlow

FindMyFlow is a trading name of Arcola Limited of Department, 4 The Boulevard, Leeds Dock, Leeds, West Yorkshire, LS10 1PZ, United Kingdom (“FindMyFlow”, “we”, “us”, or “our”).

  • Platform - FindMyFlow offers a specialist assistive technology eLearning platform, designed to empower users with assistive technology know-how, enhanced study skills, and wellbeing support (the “Platform”). 

  • Website - The FindMyFlow Platform is a web application, available through our websites, including https://findmyflow.co.uk and https://findmyflow.pro. These websites, along with any other website or mobile application owned, operated, and controlled by us are referred to collectively as the “Website”. 

  • Materials - All videos, written articles, information, materials, and other content published across the FindMyFlow Website and Platform is referred to as the “Materials”.

  • Services - The Platform, Website, and Materials are referred to collectively as the “Services”

You 

In the case of Individual Licences (defined below) references to “you” and “your” are to you as an individual. In the case of Institutional Licences (defined below) references to “you” and “your” are to the university, business, or organisation which is purchasing (or has purchased) a Licence.

If you register to use the Platform and/or agree to these Terms on behalf of a university, business, or organisation, you represent and warrant to us that you have authority to do so.

Your Content

In these Terms, “Content” refers to any text, information, or materials entered into our Platform, or submitted to our Website for storage or publication. Examples of your Content include notes that you make and store alongside Materials in our Platform (“Notes”), or Reflective Practice journal entries (“Journal Entries”). In the case of Institutional Licences, your “Content” may include additional information or materials uploaded and/or published within the Platform. 

You represent and warrant to us that your Content will comply with these Terms.

3. Ownership & intellectual property

You acknowledge that we, together with our licensors, own and control all the copyright and other intellectual property rights in the Services. All the copyright and other intellectual property rights in the Services are reserved.

You have no intellectual property rights in, or to, the Services other than the right to use them in accordance with these Terms. 

4. Licence to use the Services

Rights in the Services are licensed (not sold) to you. 

Subject to the express provisions of these Terms, you may temporarily access the Services for personal, non-commercial use only. 

4.1 Under this licence you may:

  1. view pages from our Website in a web browser;

  2. download pages from our Website for caching in a web browser;

  3. print pages from our Website;

  4. download, print, and alter templates from our Website;

  5. stream audio and video files from our Website; and

  6. use our Website by means of a web browser.

You may only use our Services for personal, non-commercial use. You must not use the Services for any other purposes.

4.2 Unless you own or control the relevant rights in the Materials, you must not:

  1. download Materials from our Website or save any of the Materials to your computer, except as expressly permitted by Section 4.1;

  2. copy, edit, or otherwise modify the Materials in any way, except as expressly permitted by these Terms;

  3. republish Materials from our Website (including republication on another Website);

  4. transfer the Materials to another person or “mirror” the Materials on any other server.

  5. show the Materials from our Website in public;

  6. use the Materials from our Website for any commercial purpose;

  7. redistribute the Materials from our Website;

  8. rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Website or the Materials on the Website, nor permit the Website or any part of it to be combined with, or become incorporated in, any other website or services; or

  9. remove any copyright or other proprietary notations of FindMyFlow (or its licensors) from the Materials.

We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.

Notwithstanding the above, you may redistribute FindMyFlow email newsletters and social media content in print and electronic form to any person.

5. Acceptable use

You must not:

  1. use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;

  2. use the Website in any way that could overburden, impair, or compromise our systems or security, or interfere with other users;  

  3. use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

  4. use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; 

  5. Use our Website to store or transmit any Content that is in any way illegal or unlawful, that infringes any person's legal rights, or that is capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

  6. Use our Website to store or transmit Content that is defamatory, offensive, maliciously false, obscene or indecent, or otherwise objectionable in relation to your use of the Website; 

  7. collect or harvest any information or data from our Website or systems, or attempt to decipher any transmissions to or from the servers running the Website; 

  8. use data collected from our Website to contact individuals, companies or other persons or entities.

  9. access or otherwise interact with our Website using any robot, spider or other automated means, except for the purpose of search engine indexing.

  10. attempt to disassemble, de-compile, reverse compile, reverse engineer or otherwise reduce to human-perceivable form all or any part of the FindMyFlow Platform or Website (except to the extent such restriction is prohibited by applicable law);

  11. access all or any part of the Website in order to build a product or service which competes with FindMyFlow’s Website; 

  12. use the Website to provide services to third parties; or 

  13. attempt to obtain or assist third parties in obtaining unauthorised access to the Services. 

You must:

ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete, and non-misleading.

6. Registration and accounts

Licence types

FindMyFlow offers two kinds of Licences: 

  • An “Individual Licence” allows a single named individual to access and use the Services in accordance with these Terms. Individual Licences may be purchased directly from FindMyFlow, or allocated to a named individual under the Disabled Students’ Allowance scheme (“DSA”).

  • An “Institutional Licence” can be purchased by a named University, business, or organisation and allows an agreed number of their students, staff, or personnel (“Users”) to create Accounts to access and use the Services. 

Account creation & user login details

To use the FindMyFlow Platform, you will need to create a FindMyFlow user account (“Account”). 

To create an Account, you will provide your email address and your name. Your email address will be used as your unique user ID.

Your password

You will need to use a password that will either be provided to you by FindMyFlow, or that you create when you first create your Account:

If you are provided a password by FindMyFlow, we suggest you reset this when you first log in. There is a link to reset your password from the login page.

When creating your own password, we suggest you choose your password carefully and ensure that it is distinct from passwords you may use for other websites and services. 

You must not:

  1. Share your password with anyone; We shall have no liability to you (or anyone you share your account details with) in the event you disregard this.

  2. allow any other person to use your Account to access the Services;

  3. use any other person's Account to access the Services.

You must: 

  1. always keep your password confidential

  2. use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services;

  3. notify us in writing immediately if you believe there has been any breach of security such as the disclosure, theft, or unauthorised use of your Account. You may notify us by emailing contact@findmyflow.co.uk. 

You are responsible for any activity on our Website under your Account, including any activity arising out of any failure to keep your password confidential. You may be held liable for any losses arising out of such a failure.

7. Termination of account

Termination by us

We may suspend or terminate your rights to use the Services at any time if you breach any of the terms in this Agreement. We will endeavour to provide notice by email in such circumstances. 

If you are accessing the Services through an Institutional Licence, we may inform your institution’s FindMyFlow administrator of our actions and the reasons for such action. 

Termination by your institution (If you are accessing the Services through an Institutional Licence)

Access to the Services for Institutional Licence users is determined by the institution’s FindMyFlow administrator. Your access to the Services may be terminated if: i) the institution’s trial period or the contract period ends; or ii) the institution’s FindMyFlow administrator chooses to remove your access without notice.

Termination by you

  • If you have an Individual Licence, you may terminate your account by notifying us in writing at contact@findmyflow.co.uk.

  • If you access the Services through an Institutional Licence i) you can contact your institution’s FindMyFlow administrator to request that you be removed from the institution’s account. 

8. Our obligations

We shall provide the Services and make them available to you subject to the provisions of these Terms.

We shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week except for the following instances where we will notify you if possible: i) planned maintenance; and ii) unscheduled maintenance performed outside normal business hours.

We do not warrant that: 

  1. your use of the Services will be uninterrupted or error-free;

  2. the Services and or the information obtained by your use of the Services will meet your requirements; 

  3. the Services will be free from vulnerabilities.

In the event of any loss or damage to Your Content, your sole and exclusive remedy against us shall be for us to use reasonable commercial endeavours to restore Your Content. 

We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities. 

Save to the extent expressly provided otherwise in these Terms, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of the Services, or if we stop publishing the Website.

To the maximum extent permitted by applicable law and subject to Section 11, we exclude all representations and warranties relating to the subject matter of these Terms, our Services and the use of our Services.

9. Updates to the Services

FindMyFlow is continually seeking to improve its Services. From time to time we may automatically update the Services to improve performance, enhance functionality, reflect changes to the operating system, or address security issues.

FindMyFlow reserves the right, at its discretion, to make changes to any part of the Platform, Website, or Materials, provided that it does not materially reduce the Services or functionality.

10. Limitations and exclusions of liability

Nothing in these Terms will:

  1. limit or exclude any liability for death or personal injury resulting from negligence;

  2. limit or exclude any liability for fraud or fraudulent misrepresentation;

  3. limit any liabilities in any way that is not permitted under applicable law; or

  4. exclude any liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section 10 and elsewhere in these Terms: 

  1. are subject to section 11 (below); and

  2. govern all liabilities arising under these Terms or relating to the subject matter of these Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms.

To the extent that our Website and the information and Materials on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of:

  1. any losses arising out of any event or events beyond our reasonable control.

  2. any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

  3. any loss or corruption of any data, database or software.

  4. any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these Terms (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

11. Breaches of these Terms

Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may: 

  1. send you one or more formal warnings;

  2. temporarily suspend your access to the Services;

  3. permanently prohibit you from accessing our Services;

  4. commence legal action against you, whether for breach of contract or otherwise; and/or

  5. suspend or delete your Account on our Platform.

Where we suspend or prohibit or block your access to the Services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different Account.

12. Other important terms

Assignment

  1. We may transfer and/or assign our rights and/or obligations under these Terms to another organisation. We will always tell you in writing if this happens, and we will ensure that the transfer will not affect your rights under that Agreement. 

  2. You may not without our prior written consent transfer, sub-contract or otherwise deal with any of your rights or obligations under these Terms.

  3. Nothing in these Terms shall confer your rights on any other person.

Severability

  1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

  2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

Third party rights

  1. A contract under these Terms is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

  2. The exercise of the parties' rights under a contract under these Terms is not subject to the consent of any third party.

Entire agreement

Subject to Section 11, these Terms shall constitute the entire agreement between you and us in relation to your use of our Services and shall supersede all previous agreements between you and us in relation to your use of our Services.

Law and jurisdiction

The Agreement shall be governed by and construed in accordance with English law. We will try to solve any disagreements quickly and efficiently. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

13. Changes to these Terms 

We may revise these Terms from time to time. 

We will give you written notice of any revision of these Terms, and the revised Terms will apply to the use of our Website from the date that we give you such notice; if you do not agree to the revised Terms, you must stop using our Website.

If you have given your express agreement to these Terms, we will ask for your express agreement to any substantial changes to these Terms; “Substantial Change” means a change to the Terms that reduces your rights or increases your responsibilities. If you do not give your express agreement to the revised Terms within such period as we may specify, we may disable or delete your Account, and you must stop using the Services.

14. Support and communication with us 

If you want to learn more about the Services or have any problems using them, please refer to our FAQs at https://findmyflow.co.uk/support, or email us at contact@findmyflow.co.uk. 

If you wish to contact us in writing with a general query, or to share feedback, you can send this to us by email at contact@findmyflow.co.uk. 

© 2024 Arcola Ltd trading as FindMyFlow. All rights reserved.