There are two categories of Student Wellbeing Ambassador Programme (SWAP) user:
- Group Leaders: These are teaching and support staff from schools in the UK
- Subscribers: These are students enrolled onto the SWAP by the teachers in the school they attend
In our Terms, you and your refer to Group Leaders and and/or Subscribers as the context requires.
At their request, WellSenz Ltd is pleased to grant access to the SWAP to Group Leaders, and the subscribers they enroll onto the course, on the terms and conditions below and in accordance with our privacy policy.
- Please read our Terms carefully as these are the terms and conditions on which we provide you with access to the SWAP.
- Our Terms tell you who we are, how we will provide the SWAP to you, how you and we may change or end your subscription, what to do if there is a problem and other important information.
- Your use of the SWAP constitutes your agreement to our Terms. If you do not agree to our Terms, you should not use the SWAP.
- Consumer rights legislation applies to your use of the SWAP. Information about your rights is set out below under ‘Your consumer rights’.
Key Terms
- If you sign up to the SWAP, you will pay a one-off fee. There are no hidden charges or additional features that you will need to pay for, unless you wish to add additional subscribers.
- If you breach our Terms, we may suspend or revoke your access to The SWAP and/or terminate your account immediately.
- The SWAP should never be used as a diagnostic tool for mental health issues, or as a replacement for mental health therapy. No responsibility can be taken by WellSenz for any mental health issues that arise during or after taking the SWAP by any user.
- You agree that you are solely responsible for the results obtained from your use of the SWAP and for any conclusions you draw from such use. WellSenz shall not be liable to you if improvements to your wellbeing are not made. Ultimately learning outcomes are your responsibility.
- The SWAP is entirely created by or for WellSenz and we own all rights in it. Except for access or as otherwise set out in our Terms, you do not have any rights in respect of The SWAP.
- By using The SWAP, you acknowledge that we will use your personal information in accordance with our Privacy Policy.
Who we are and how to contact us
The SWAP is owned and operated by WellSenz Ltd (referred to as, we, our or us). WellSenz Ltd is a company incorporated in England and Wales with company number 12483456. Our registered office is at PHYLANDEAS & CO FIRST FLOOR, 10 HAMPDEN SQUARE, LONDON, N14 5JR We are registered with the Information Commissioner’s Office under registered number CSN3913076.
You can contact us about The SWAP by:
- Clicking ‘Help’ tab and submitting your query;
- Emailing support@studentwellbeingcourse,com;
If we have to contact you, we may do so by writing to you at the email address provided to us when you create your Account or by telephone where you have provided a contact telephone number to us.
Group Leader responsibility
- Group Leaders must be at least 18 years old to create an Account for their subscribers;
- Group Leaders must be employed by a school in the UK as a teacher or member of the support staff and have full DBS clearance;
- Group Leaders take full responsibility for gaining consent from the students they enrol on The SWAP;
Where you are a Group Leader who has created an Account for your subscribers:
- You will supervise your subscribers as you consider appropriate when they are using The SWAP;
- are responsible for the actions of your supported learner(s) when they are using The SWAP, including their compliance with our Terms;
- are responsible for ensuring your subscribers are aware that the SWAP is not a replacement for seeking professional advice for any kind of mental health issue
Payment
We accept payment by credit or debit card via Stripe. No financial information is processed or kept by WellSenz.
Our responsibilities
WellSenz will:
- (subject to our Terms) make The SWAP available to you via your Account;
- provide remote technical support during normal working hours (9am to 5pm, Monday to Friday excluding bank holidays);
- WellSenz may delete, modify, change, evolve and improve The SWAP content at any time. However, we will give you reasonable notice of any material changes to the functionality and features of The SWAP (provided that The SWAP shall always match the description of it that we provided to you before you paid for student access);
- WellSenz may monitor your use of The SWAP so we can see how you have been using The SWAP, help us answer any questions you may have and ensure you are complying with our Terms.
Your responsibilities
Group Leaders are responsible for:
- your actions (including the actions of your subscribers) in connection with your use of The SWAP or your Account more generally, including your learning outcomes;
- monitoring the way your subscribers use the information they learn from The SWAP and ensure every subscriber is aware that, should they suffer from any mental health issue at any time during or after taking The SWAP, they should seek professional advice immediately;
- Monitoring the way subscribers use the information learned from the SWAP;
- your own costs associated with accessing The SWAP (for example, device equipment costs and internet access charges);
- taking your own precautions to ensure that your devices which are used to access The SWAP are protected against viruses or other forms of cyber-attack;
- following any technical recommendations or guidance issued by us from time to time to ensure you have the best experience when using The SWAP;
- Group Leaders are responsible for the way the information from the SWAP is interpreted, used and passed on by their subscribers.
Use restrictions
You agree that you shall:
- only use The SWAP for personal and non-commercial use;
- as a Group Leader, enroll only students for whom you are professionally responsible from the school in which you are employed;
- keep your Account secure and not provide access to your Account to anyone else;
- not download, reproduce or change any SWAP content or materials (for example, you are not allowed to adapt, reverse-engineer or decompile it or combine or merge it with any other content or materials) or provide any The SWAP content or materials to anyone else; and
- not use The SWAP in any manner that we deem to be inappropriate, illegal or immoral.
If you breach these use restrictions or any other Terms, we may suspend or revoke your access to The SWAP and/or terminate your subscription immediately.
Availability
We will do our best to ensure that access to The SWAP is available 24/7 (other than during planned maintenance windows outside of normal working hours or due to issues not within our control).
Your access to The SWAP may be suspended at any time for reasons outside of our control or ended as set out above under the ‘Cancellation’ and ‘Use restrictions’. We have no liability to you in the event of a suspension (or, if applicable, termination) of access:
- to deal with technical problems or to make minor technical changes;
- to update The SWAP to reflect changes in applicable laws and regulations;
- arising due to issues not within control;
- we become aware of a breach of our use restrictions or our Terms more generally.
Our liability to you
Except for any legal responsibility that cannot be excluded in law (such as for death, personal injury or fraud) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
- losses that were not foreseeable to you and us when your Access to The SWAP started or that were not caused by any breach on our part (including indirect or consequential losses and loss of profit or opportunity);
- business losses or losses to non-consumers; or
- data loss.
You agree that you are solely responsible for the results obtained from your use of The SWAP and for any conclusions you draw from such use. WellSenz shall not be liable to you if improvements to your wellbeing are not made. Ultimately learning outcomes are your responsibility.
Our Terms capture, in detail, the whole of our relationship relating to The SWAP. No representations, conditions, warranties or other terms of any kind which are not set out in our Terms are given in respect of The SWAP, and all statutory warranties and conditions are excluded to the fullest extent possible. Whilst we have taken a great deal of care to produce our The SWAP content, we are not responsible for any errors or omissions in it.
Your consumer rights
Consumer rights legislation (including the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) (Consumer Rights Legislation) gives you certain legal rights, for example that the digital content comprising The SWAP is of satisfactory quality, fit for purpose and matches its description. WellSenz must provide you with digital content that complies with your legal rights. Nothing in our Terms affects your rights under the Consumer Rights Legislation. You may also have other legal rights.
When we supply the SWAP:
- we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
- we do not promise that it is compatible with any third-party software or equipment; and
- you acknowledge that there may be minor errors or bugs in it.
Please contact us if you believe The SWAP to be faulty. If The SWAP is found to be faulty, you are entitled to a repair or replacement. If the fault cannot be fixed or if it has not been fixed without a reasonable time and without significant inconvenience, you may be entitled to a partial or full refund. If you can show that The SWAP has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.
Complaints
Please contact us as soon as possible if you are unhappy with any aspect of The SWAP. We will try to resolve your complaint quickly and efficiently.
In the unlikely event that we have been unable to resolve your complaint satisfactorily, we would suggest that the matter is resolved via mediation organised by CEDR, an independent body If you wish to bring legal proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to your Subscription, our Terms or any other matter in dispute between us and our Terms shall be interpreted and governed by the laws of England.
Intellectual property rights
The SWAP is entirely created by or for WellSenz and we own all rights in it. This includes (without limitation) all rights to our content (including our questions and videos), our technical architecture and infrastructure, our databases, code and algorithms, the usage data (as described in our Privacy Notice) and all trade marks, service marks, graphics and logos used in connection with The SWAP. Except for access or as otherwise set out in our Terms, you do not have any rights of ownership or other rights (of whatever nature) in respect of The SWAP.
Your personal information
To use The SWAP, you need to provide us with certain personal information relating to you and, where you are a Group Leader, you and your subscribers. We will use that information to provide The SWAP to you and undertake our research. By using The SWAP, you acknowledge that we will use your personal information (including that of your subscribers, where applicable) in accordance with our Privacy Policy.
Other important terms
If a court finds any part of our Terms invalid, unenforceable or illegal for any reason, the rest will continue in full force and effect.
Even if we delay in enforcing any of our rights in our Terms, we can still enforce them later.
Changes to our Terms
We may revise our Terms from time to time. We will provide you with a copy of our updated Terms whenever changes are made. The changes will not be retroactive, and the most current version of our Terms will apply. By continuing to use the SWAP, you will be bound by the most current version of our Terms.