Terms of use

-- PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE --

What's in these terms?

These terms tell you the rules for using our website (our site).Who we are and how to contact us:
Our site is a site operated by Peak State Mental Fitness CIC ("We"). We are a Community Interest Company registered in England and Wales under company number 12690033 and have our registered office at Wellington House, London Colney, UK.

To contact us, please email info@peakstate.org

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you.
These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy (below).

  • Our Acceptable Use Policy can be found below these Terms and Conditions. It sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

  • Our Cookie Policy which sets out information about the cookies on our site (below).

We may make changes to these terms.
We may update and change our site from time to time in order to update and develop the content.
We may suspend or withdraw our site.Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else.We may transfer our rights and obligations under these terms to another organisation. We will ensure that the transfer will not affect your rights under the contract.

How you may use material on our site:

  • We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

  • You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.

  • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

  • Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

  • You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

  • If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

How to complain about content uploaded by other users: If you wish to complain about content uploaded by other users, please contact us on info@peakstate.org

Our responsibility for loss or damage suffered by you:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

  • Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

How we may use your personal information:

We will only use your personal information as set out in our Privacy Policy (below).

Uploading content to our site:

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy (see below). You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described below. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy (see below). You are solely responsible for securing and backing up your content.
We do not store terrorist content.

Rights you are giving us to use material you upload:

When you upload or post content to our site, you grant us the following rights to use that content:

  • a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service forever;

  • a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes OR in accordance with the functionality of the site forever.

We are not responsible for viruses and you must not introduce them.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site:

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (see below).If you wish to link to or make any use of content on our site other than that set out above, please contact info@peakstate.org
Our trade marks are registered or in the process of being registered.
You are not permitted to use any of our trade marks without our approval.

ACCEPTABLE USE POLICY

-- PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE --

What's in these terms?

This acceptable use policy sets out the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way.

Who we are and how to contact us:

Our site is operated by Peak State Mental Fitness CIC ("We"). We are a Community Interest Company registered in England and Wales under company number 12690033 and have our registered office at Wellington House, London Colney, UK.To contact us, please email infor@peakstate.org.

By using our site you accept these terms:

By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you.
Our Terms of use (as outlined above) also apply to your use of our site.
We may make changes to the terms of this policy. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 20 May 2021.

Prohibited uses:

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.

  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

  • For the purpose of harming or attempting to harm minors in any way.

  • To bully, insult, intimidate or humiliate any person.

  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.

  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use (see above Terms and Conditions).

  • Not to access without authority, interfere with, damage or disrupt:

  • any part of our site;

  • any equipment or network on which our site is stored;

  • any software used in the provision of our site; or

  • any equipment or network or software owned or used by any third party.

Content standards:

These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it (including the Contact Us form). The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. Peak State will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

  • Be accurate (where it states facts).

  • Be genuinely held (where it states opinions).

  • Comply with the law applicable in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person.

  • Be obscene, offensive, hateful or inflammatory.

  • Bully, insult, intimidate or humiliate.

  • Promote sexually explicit material.

  • Include child sexual abuse material.

  • Promote violence.

  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

  • Infringe any copyright, database right or trade mark of any other person.

  • Be likely to deceive any person.

  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

  • Promote any illegal content or activity.

  • Be in contempt of court.

  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

  • Be likely to harass, upset, embarrass, alarm or annoy any other person.

  • Impersonate any person or misrepresent your identity or affiliation with any person.

  • Give the impression that the Contribution emanates from Peak State, if this is not the case.

  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

  • Contain any advertising or promote any services or web links to other sites.

Content standards:

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use (see above Terms and Conditions) upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.

  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.

  • Issue of a warning to you.

  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

  • Further legal action against you.

  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

How this contract can be transferred? We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.

Which country's laws apply to any disputes? If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Privacy POLICY

Peak State: Mental Fitness ("We") are committed to protecting and respecting your privacy.

This policy (together with our Terms of Use (above) and any other documents referred to on it sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting our site you are accepting and consenting to the practices described in this policy.

This website is not intended for children and we do not knowingly collect data relating to children.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is [Peak State] CIC of Wellington House, London Colney, HERTS, UK.
Our nominated representative for the purpose of the Act can be reached at info@peakstate.org

Information we collect from you:

We will collect and process the following data about you:

  • Information you give us. This is information about you that you give us by filling in forms on our site or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you fill out the Contact Us form, register to use our site, subscribe to our service, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey, and when you report a problem with our site. The information you give us may include your name and contact details.

  • Information we collect about you. With regard to each of your visits to our site we will automatically collect the following information:

  • technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;

  • information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

Information we collect from you:

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and allows us to improve our site. For detailed information on the cookies we use and the purposes for which we use them see our Cookie Policy (below).

Uses made of the information

We use information held about you in the following ways:

  • Information you give to us. We will use this information:

  • answer queries raised by you;

  • to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;

  • to notify you about changes to our service;

  • to ensure that content from our site is presented in the most effective manner for you and for your computer.

  • Information we collect about you. We will use this information:

  • to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

  • to improve our site to ensure that content is presented in the most effective manner for you and for your computer;

  • to allow you to participate in interactive features of our service, when you choose to do so;

  • as part of our efforts to keep our site safe and secure;

  • to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.

  • Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

Disclosure of your information

You agree that we have the right to share your personal information with:

  • Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

  • Selected third parties including:

  • business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you;

  • academic and research institutions: We do not disclose personal data to our research partners, but we will provide them with aggregated (anonymised) data (Aggregated Data) such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature. However, if we combine Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will be used in accordance with this privacy policy;

  • analytics and search engine providers that assist us in the improvement and optimisation of our site.

We will disclose your personal information to third parties:

  • In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.

  • If Peak State: Mental Fitness CIC or substantially all its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use (above) and other agreements; or to protect the rights, property, or safety of Peak State: Mental Fitness, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Storing your personal data

By submitting your personal data, you agree to us transferring, storing or processing it. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing. We will get your express opt-in consent before we share your data with any third party for marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time as well by contacting us at info@peakstate.org. You can exercise the right to request the removal of all your personal data from our database by contacting us via email.  Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request will be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Changes to our privacy policy

Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to info@peakstate.org.

COOKIE POLICY

The Peak State: Mental Fitness website uses cookies to distinguish you from other users of our website.
This helps us to provide you with a good experience when you browse our website and allows us to improve our site.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

We use the following cookies:

  • Analytical or performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. This also helps us to measure the impact of the Peak State tools by increasing our understanding of the frequency at which each tool is used.

  • Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

  • Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website more relevant to your interests.

We do not share the raw data collected by the cookies with any third parties but intend to use the collated information (on an anonymised basis) with certain partners and academic and research institutions with the sole purpose of helping us to measure and understand the reach and impact of the content provided on the Peak State website resources in order to enable us to refine and improve our content.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

We may make changes to these terms.
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 20 May 2021.
We may make changes to our site.We may update and change our site from time to time in order to update and develop the content.
We may suspend or withdraw our site.Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else.We may transfer our rights and obligations under these terms to another organisation. We will ensure that the transfer will not affect your rights under the contract.

How you may use material on our site:

  • We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

  • You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.

  • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

  • Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

  • You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

  • If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

    Do not rely on information on this site. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
    We are not responsible for websites we link to. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
    How to complain about content uploaded by other users: If you wish to complain about content uploaded by other users, please contact us on info@peakstate.org