Terms and Conditions of use for ContactFamily and  contactfamily.org

By using ContactFamily’s Services and Website you agree to be legally bound by these Terms and Conditions.

ContactFamily may change these Terms and Conditions at any time by posting changes online. Please review these Terms and Conditions regularly. Use of the ContactFamily Services and Website after changes to the Terms and Conditions are posted means you agree to be legally bound by the updated Terms and Conditions.

1. Definitions

In the context of these Terms and Conditions, the following words shall have the following meanings:

ContactFamily is a Company Limited by Guarantee, company number SC651768, having its Registered Office at 51 Atholl Road, Pitlochry PH16 5BU. All abbreviations “CF” mean ContactFamily. “the Website” means any website under the ownership or control of CF from which a link has been created to these terms and conditions; “the Material” means all of the information, data, text, graphics, links or computer code published on, contained or available on the Website; “Services” means the ContactFamily Co-Parenting calendar, Message Centre and Service News panel and all others services provided by ContactFamily from time to time, details of current services can be found at  https://www.contactfamily.org/whatwedo.php; "User" means the individual, firm, company or organisation accessing this Website or using the Services.

2. About ContactFamily

CF’s purpose is to benefit and provide support to estranged parents and families by providing communication services and tools aimed at protecting individuals from abuse, reducing conflict, and relieving the stress and anxiety of relationship breakdown, which will thereby;

•   advance conflict resolution and reconciliation; and
•   advance and maintain health and wellbeing.

CF is not a substitute for the professional advice of a solicitor, mediator, counsellor or other legal professional. CF does not and cannot provide legal advice or counselling services. CF facilitates communication, and assists to keep communication flowing and may provide guidance based on communication knowledge and experience. CF will signpost to other agencies if appropriate.

CF is not an instant messaging service.

CF, in providing its Services shall act as an independent impartial neutral facilitator and will not seek to adjudicate, arbitrate, or impose a decision or solution in respect of any issues raised.

CF will be sympathetic, understanding and compassionate in providing the Services, in particular where Users are distressed or anxious, CF will take time to listen and support. CF will provide communication guidance to Users based on their knowledge and expertise and may make suggestions to Users as to the best way to form clear functional communications to another User.  In some cases CF may recommend to Users that expert advice is obtained from third parties and will signpost accordingly.

CF will allow more conversational communication when service users begin using the communication service.

CF communication assistants may not always use their 'real' names in correspondence; opting for a gender neutral name to keep communications impartial (and to keep essential anonymity for the assistant). Any names that are allocated to the communication assistant in a case will remain the same, so that the User and the communication assistant know they are talking to the same person all the time. If the email ends just with The ContactFamily Team, this can indicate that another communication assistant has answered this email (if people are off sick or on leave). But the assistant involved with the case will be informed and kept in the loop.

3. Confidentiality

CF will treat Users personal information as confidential. However, there are exceptions to this rule where information can be shared without the User’s consent (sometimes referred to as ‘breaching confidentiality’). Information about a User can be shared under the following circumstances:

•    where the User is disclosing information about an act of terrorism;
•    where a court orders CF to disclose information;
•    where there is reasonable cause to suspect that an adult’s life may be in immediate danger;
•    where there is reasonable cause to suspect that a child or young person may be experiencing or at risk of experiencing significant harm.
•    where the User threatens the safety of CF staff or volunteers

In this instance, CF may have to pass this information onto a third party such as the Police and or the emergency services.

Due to our duty of confidentiality to our Users, we will resist legal requests to produce information or make any statement in connection with a User’s use of the Services.

To protect the vital interests of Users personal information provided in a cause for concern situation will be recorded by CF, this may include keeping a transcript of a User’s communications for seven years to allow reference should this be required in due course because of a police investigation.

4. User Rules

The use of CF’s Services is subject to, and on the following conditions:

CF will offer guidance to new Users on how the Services work (and allow more conversational messages to begin with). Once communication is flowing, messages will be answered within 48 hours and communications will be shortened to focus on arrangements only.

CF’s communication Services are not suitable for messages that require an urgent response. CF will endeavour to reply to a User’s communication within 48 hours. If a communication comes in after close of business, it will usually be dealt with the next day.

If a User requires to communicate a change in arrangements urgently to another User they should put ‘Emergency Contact Protocol’ in the subject box of the communication to flag up the urgency of the communication; CF will attempt to help. This is not a guarantee of help/communication.

All communications sent and received are the property of CF.

CF communicate arrangements and messages. Any information and communications provided by Users must not be (or be likely to be) defamatory, obscene, offensive, hateful, upsetting, embarrassing, alarming, inflammatory, violent, sexually explicit, discriminatory, illegal or in breach of any legal duty to any third party, to another User or to CF. If a User is persistently sends harmful or unsuitable communications intended for another User and/or CF then CF will be entitled to suspend that User’s service and may report the matter to Police Scotland and any other third party agencies, as  necessary.

CF reserves the right not to pass on any harmful or unsuitable communications to another User. CF will inform a User when they are unable to pass on their communication and will explain why.  CF will pass on functional communications only.

Users require to be aware that a User who is the intended recipient of a communication is entitled to request to only see ‘the bones’ of the communication; or not at all. It is the Users’ rights to be kept informed of arrangements, but they do not have to see the exact wording of every communication if they choose not to. By using the Services you accept that the manner and extent by which your communication is communicated to another User will be determined by the recipient User’s communication preferences. 

Should CF receive any communication from a User who is threatening to harm themselves or another person then CF will report the matter to the police. All parties using the Services, must give a next of kin contact in case of emergencies. Failure to do so means that CF has only limited resources in terms of helping an individual.

If a User continues to send harmful or unsuitable communications, CF will endeavour to explain and help facilitate communication in such a way to help the User understand the new way of communicating via CF. CF aim to be sensitive and supportive. CF understands that situations of relationship breakdown can be upsetting and stressful for Users.

CF is predominately a service for individuals who do not wish to be contacted directly. It is therefore not acceptable for Users to use the Services solely to demand that a User makes contact directly.  If a User sends communications via CF which persistently demand that another User communicates with them either via CF or through an alternative means, and the other User no longer wishes to receive communications through CF and/or does not want to communicate through an alternative means, CF will continue to explain and communicate this for a short time.

Where a User refuses to accept that another User does not want direct contact, and continues to ask for direct contact with the other User and no contact from CF, CF will  send contact offers and communication  for a limited time in the hope that this situation will improve. CF will always endeavour to keep everyone informed and try to help; explaining the merits of keeping communication flowing.

A User who no longer wishes to use the service directly can offer a third party to step in (such as a grandparent or solicitor). If a User does not, then they accept that they are choosing to be non-contactable.

Where CF determines, in their sole discretion, that a User has failed to comply with any of the terms and conditions of use, they will take such action as they consider appropriate.  This may include, without limitation, terminating or suspending the User’s right to use their services.

Once Users utilise the service data protection policy will be adhered to. All Users must accept if there is a human or technology error ContactFamily will do everything in its power to rectify this ASAP. And Users must notify the service as soon as possible if this has happened. ContactFamily will not accept any responsibility if this happens as Users must accept that technology or human errors while regrettable may occur. By using the service Users accept this risk.

In special circumstances Users can request a ContactFamily email if this helps for communication purposes. But this Email will be the property of ContactFamily.

5. Complaints

CF take all complaints seriously and deal with them as soon as they possibly can. Should a User wish to complain about CF’s Services they should e-mail clientservices@contactfamily.org for a copy of CF’s Complaints Policy which will also provide details of the type of complaints CF are unable to consider.

6. Use of the Website

The Website is owned by CF and any use made of this site (including registrations via the Website), are subject to these terms and conditions. CF may, at its sole discretion, modify or revise these terms and conditions at any time by updating the text of this page.

Anyone is entitled to view any non-password protected parts of the Website and to use for their own purposes the information contained therein, provided:

It is used for information purposes only, for reproduction for personal use only and not for reproduction on any other website or for commercial gain.

Any links created to the Website are notified to and approved by CF before they are created.

No part of the Website is copied, stored in a retrieval system, CF, or transmitted in any form or by any means to any third party without the written permission of CF unless otherwise specified.

7. Copyright and trade marks

Copyright in the Material is owned by CF or its content suppliers. Unauthorised use of the Material including reproduction, storage, modification, distribution or republication without the prior written consent of CF or, where applicable, the respective copyright owner(s) is prohibited.

The names and logos of CF and all related product and service names, designs marks and slogans are the trade names, service marks or trademarks of CF and may not be used without the prior consent of CF.

All works in the nature of databases attract database rights.

8. Disclaimer

The Website is intended to provide general information only. Users should seek appropriate professional advice before taking or refraining from taking any action in reliance on any information contained in the Website. So far as permissible by law, CF does not accept any liability to any person relating to the use or reliance of any such information. While CF has taken every precaution in compiling this site neither it nor any contributors to the site can be held responsible for any action (or the lack thereof) taken by any person or organisation wherever they shall be based, as a result, direct or otherwise, on information contained in or accessed through this internet site.

9. Target audience

The Website is intended for use by UK and Republic of Ireland residents and only in relation to their activities within the UK and ROI. It may be dangerous to apply any of the information on the Website to activities outside the UK and ROI. CF does not represent or warrant that the information accessible via the Website is accurate, complete or correct. The information provided on this Website has not been written to meet individual requirements and it is your sole responsibility to be sure it satisfies your needs prior to using the information in any way for your purposes. Before making any decisions based on the information contained on the Website, you are strongly advised to refer to alternative, independent sources of information to substantiate the basis for your decision.

10. Warranty and indemnity

The User warrants to CF that it will not use the Website, the Material, the Services or any part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trademarks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner.

The User shall indemnify CF, its employees and agents, harmless against all claims, liability, losses, damages and expenses including, without limitation, legal fees and costs arising out of or incurred as a result of any claims made, or litigation brought, against CF, its employees and agents, as a result of the use by the User of the Website, the Material, the Services or any part thereof for whatever purpose, to the fullest extent permitted by law.

11. Limitation of liability

CF hereby disclaims all warranties and conditions with regard to the Material and any goods or services supplied in relation to the Website, whether express or implied or statutory (including all implied warranties and conditions of merchantability and fitness for a particular purpose). In no event shall CF be liable for any indirect, punitive, special, incidental, or consequential damages whatsoever even if CF has been advised of the possibility of damages including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Website, interruptions or delays to the Website, the provision of or failure to provide services, or for any information,

Material, goods and services obtained through the Website or otherwise arising out of the use of the Website, whether based on contract, tort or otherwise to the fullest extent permitted by law.

12. Third party websites

The Website contains links to websites operated by parties other than CF. Such links are provided for the User’s convenience only. CF does not control such websites, and is not responsible for their content. CF inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third party websites, and also the value and integrity of any goods and services offered by such websites.

13. Viruses

While CF makes all reasonable attempts to exclude viruses and other potentially dangerous software from the Website and Services it cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses and other potentially dangerous software. Therefore, you are recommended to take all appropriate safeguards before downloading information from the Website or using the Services.

If a technical problem or glitch arises and causes a problem in any of the communication that is sent on, CF will not be held responsible for this problem. All Users must realise that there may sometimes be server issues, potential hacking or human error. By using the service, Users take the risk that while all information is private and confidential; there may be technical issues that are outwith the control of CF.

14. Online Transactions

If you would like to pay online; please use your PayPal account or contact us on contact@contactfamily.org

15. Encryption

Although the Website uses encryption security software in areas where on line payment details are accepted, the security of information and payments transmitted via the Internet cannot be guaranteed. Any loss incurred or sustained by any User who transmits information by means of e-mail or other Internet links shall be borne solely and exclusively by such User and in no event shall any such loss in whole or part be borne by CF or its agents.

16. Force majeure

CF shall not be held to be in breach of its obligations hereunder nor liable to the User for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control.

17. General

If any provisions of these terms and conditions are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.

These terms and conditions constitute the entire agreement between CF and the User and supersede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between the User and CF.

Any failure of CF to exercise or enforce any of its rights under these terms and conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement or any such rights.

18. Jurisdiction

The terms and conditions and the use by the User of the Website shall be governed by the laws of Scotland and the parties hereto submit to the exclusive jurisdiction of the Scottish courts in all disputes arising out of or relating to the Website and/or any transactions made on the Website, or these terms and conditions.

I hereby acknowledge that I have read and understood ContactFamily’s Services and Website Terms and Conditions, in particular the User Rules, and I agree to these.

_________________Signature   ___________________ Print Name    ____________________Date

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