Terms of Service

Welcome to mycctoolkit.com (“My CC Toolkit”), the website and online service of Watoto Play Ltd,” (“we”, “our” or “us”). My CC Toolkit is an online practice management software platform primarily for mental health care, wellbeing, educational and social care professionals.

My CC Toolkit consists of 4 distinct workspaces:

  • My Creative Workspace;
  • My Practical Workspace;
  • My Journal Workspace; and
  • My Community Workspace.

My Creative Workspace

The workspace provides a digital space where therapists and their clients can engage online in creative therapeutic activities. There is a library of therapeutic resources with suggestions on how the resources can be used. Creative artwork can be saved into the server from both the therapist’s and client’s accounts. The client’s account provides access to limited creative resources and the library of “learn more about each resource” is not available to the clients but only to therapists. 

My Practical Workspace

This workspace is only available to therapists and consists of a data entry system where the therapist may log electronic health data about their clients, medical history, session notes, and clinical information. Therapists can also add electronic information about supervision, continuous professional development, a to do list and appointment bookings. 

My Journal Workspace

This workspace is only available to the therapists’ clients, who may input journaling data about their wellbeing and health, sign consent forms and book appointments with their therapist. A client account can only be created when a therapist invites a client to join. The client account is a child account of the therapists account. 

My Community Workspace

In this workspace, therapists can contact their clients via the internal messaging system. Therapists may also contact each other, but not other therapists’ clients.

This Agreement

This page explains the terms by which you may use our online and/or mobile services, website (including My CC Toolkit), materials and software provided on or in connection with the service (collectively the “Service”). By accessing or using our Service (such as by undertaking a free trial or subscribing to a paid plan) you agree to be bound by these Terms of Service, together with our Terms of Website Use and any other terms and policies referred to in these Terms of Service and/or our Terms of Website Use (“Agreement”).

In the event of any conflict between these Terms of Service and any other terms applicable to our Service these Terms of Service shall prevail, but only to the extent of the specific conflict in question.

Our Service

The Service is a fully hosted application accessible via the internet. The materials, software and database are hosted in a secure data centre located in the U.K in accordance with our Privacy Policy at https:// mycctoolkit.com/privacy-policy/. The Service is provided by, set up, managed and maintained by us and our appointed GDPR and HIPAA Compliant hosting partners.

To access the Service you must have an internet connection. If you have problems with your own local internet connection this will affect your access to the Service. In the event of your local internet connection not being available you will be unable to access the Service.

Periodically, we may make changes, add functionality, issue maintenance releases or introduce new features to the Service. These changes are made expressly at our discretion and where appropriate we will document these changes if they are material in nature.

Membership Levels

There are 3 membership levels available to access My CC Toolkit:

• Therapists, Teachers, Social Care Professionals  (known as Therapist Users);

• Clients (also known as patients or team members); and

• Resource Creators.

Together these users are referred to as Registered Users.

Your application to be a Registered User constitutes an offer to purchase the Service in accordance with this Agreement. Your order will be deemed to be accepted when we allow you to use the Service on subscribing for the Services whether on a full or a trial basis at which point this Agreement shall come into existence.

To become a Therapist User, you must hold a current membership with one of the following professional bodies:

For The U.K and Rest of World Excluding North America:

  • Association of Child Psychotherapists https://childpsychotherapy.org.uk/
  • Association for Dance Movement Psychotherapy UK https://admp.org.uk/
  • British Association for Behavioural and Cognitive Psychotherapies https://babcp.com/
  • British Association for Counselling & Psychotherapy https://www.bacp.co.uk/
  • British Association of Play Therapists https://www.bapt.info/
  • British Psychodrama Association http://www.psychodrama.org.uk/index.php
  • British Psychoanalytic Council https://www.bpc.org.uk/
  • College of Sexual and Relationship Therapists https://www.cosrt.org.uk/
  • European Association for Gestalt Therapy https://www.eagt.org/joomla/index.php
  • Federation of Drug and Alcohol Professionals https://www.smmgp-fdap.org.uk/
  • Health and Care Professions Council https://www.hcpc-uk.org/
  • Human Givens Institute
  • Irish Association for Counselling and Psychotherapy https://iacp.ie/
  • National Counselling Society https://nationalcounsellingsociety.org/
  • Play Therapy UK https://playtherapy.org.uk/
  • United Kingdom Association for Humanistic Psychology Practitioners
  • UK Association for Transactional Analysis https://www.uka4ta.co.uk/
  • UK Council for Psychotherapy
  • Universities Psychotherapy & Counselling Association http://www.upca.org.uk/

For USA:

You license number will be checked prior to your account being verified.

(each a “Professional Body)

This list is not exclusive and if you are unsure please send support a message to enquire.

You must also be approved by us. We may ask for confirmation of your membership with a Professional Body at any time, which you must provide promptly. You must pay all subscription fees or charges when due. You agree that you will not be entitled to any refund in the event that we do not approve you as a Therapist User, or in the event that we suspend or terminate your access to My CC Toolkit. The approval process will be made available to you after you apply for to be a Therapist User. We reserve the right to refuse any individual from being a Therapist User at our sole discretion.

We may suspend or terminate your status as a Registered User and/or access to My CC Toolkit in the event that we reasonably believe you are no longer eligible to be a Registered User or you otherwise breach this Agreement.

Use of Our Service

You may use the Service only if you are a Registered User and only in compliance with this Agreement and all applicable national, and international laws, rules, and regulations.

You must be 13 years old or older to use or access the Service. If you are under 13 years old, your use of the Service must be directly supervised by your parent or guardian or another authorised adult (e.g. a therapist or teacher) who agrees to be bound by this Agreement.

Any use or access to the Service by anyone under 13 who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement. The Service may not be available to any individuals previously removed, suspended or barred from the Service by us.

By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.

My CC Toolkit Account

Your My CC Toolkit account gives you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion.

We may maintain different types of accounts for different types of Registered Users. If you open a My CC Toolkit account on behalf of a company, organisation, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to My CC Toolkit with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may never use another Registered User’s My CC Toolkit account without permission. When creating your My CC Toolkit account, you must provide accurate and complete information.

You are solely responsible for the activity that occurs on your My CC Toolkit account, and you must keep your My CC Toolkit account password secure.

We provide 2 factor authentication, permit logins from one device only and provide training to help keep your account secure.

We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your My CC Toolkit account.

You may not allow any other party to access or use the Service with your unique username, password, or other security code. You must notify us immediately of any breach of security or unauthorised use of your My CC Toolkit account at [email protected] We will not be liable for any losses caused by any unauthorised use of your My CC Toolkit account.

Group Accounts

Certain portions of the Service may allow you to create or contribute to group accounts (“Group”). Access to a Group will be made available only to those Registered Users who are authorised by the creator or controller of the Group (“Group Owner”). The Group Owner will be responsible for adding Registered Users to the group, for managing permissions for authorised Registered Users, and otherwise for managing the account as set forth in this Agreement.

Your My CC Toolkit Account Preferences

You may control your Registered User profile and how you interact with the Service by changing the settings in your My CC Toolkit account. By providing us with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.

We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Privacy

We only use any personal data we collect about you through your use of My CC toolkit and the Services in the ways set out in our Privacy Policy

Our Privacy Policy includes further details of circumstances in which you will be the data controller of the personal data you contribute to My CC Toolkit. Acceptable Use

Our Acceptable Use Policy applies to your use of My CC Toolkit.

Changes to the Service

We may, without prior notice, change the Service, stop providing the Service or features of the Service, to you or to Registered Users generally, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorisation from us prior to establishing another account. If you attempt to establish another account without obtaining such authorisation, we may permanently ban you from the Service. You may not have more than one active account at any time without our written consent in each instance.

You are solely responsible for your interactions with other My CC Toolkit Registered Users. We reserve the right, but have no obligation, to

monitor disputes between you and other Registered Users. We shall have no liability for your interactions with other Registered Users, or for any Registered User’s action or inaction.

Anti-discrimination

We do not support and will not tolerate the Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.

Uploading and Publishing User Content to My CC Toolkit.

We take no responsibility and assume no liability for any material, content or interactions (including without limitation any material obtained directly or indirectly from a third party’s website) (“User Content”) that you or any other Registered User or third party posts, publishes or prints in using the Service.

You shall be solely responsible for your User Content and the consequences of posting, publishing and printing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.

You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that you shall not be liable for any damages you allege to incur as a result of User Content or your use of either in printed form. If you wish to complain about information and materials uploaded by other users please contact us here [[email protected] ].

You agree not to submit or use User Content that:

  •  may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
  • may create a risk of any other loss or damage to any person or property;
  • seeks to harm or exploit children by sharing content featuring them or exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • may constitute or contribute to a crime or tort;
  • contains any information or content that we deem to be unlawful, harmful, pornographic or sexual, abusive, racially or ethnically offensive, defamatory, disparaging to My CC Toolkit or us, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable;
  • contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin;
  • contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
  • contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • or contains any information or content that you know is not correct and current or is misleading.

You agree that any User Content and our use of the same to provide the Service does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy or publicity. We reserve the right, but are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions.

In the event that your User Content is alleged to be offensive, inappropriate for children, unlawful or otherwise in breach of these terms, you agree that we may disclose such User Content to law enforcement or other government authorities.

For the purposes of this Agreement, Intellectual Property Rights means patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.

My Community Workspace

The Community Workspace (“Community”) is a forum for Therapist Users only that wish to discuss or view online discussions on My CC Toolkit services and products. Therapist Users can share and view information, questions and comments from other Therapist Users, as well as follow, message and recognise other Users and review and recognise their posts (“Community Content”). Community Content will become public globally (including places without the same data protection as where you live).

My Community Workspace Guidelines

To participate in the Community, you must be over 18 and comply with the Community Guidelines, as amended from time to time.

Retention of Community Content

Please carefully consider the information you include on the Community and understand that even after you close your account on the Community or My CC Toolkit, your posts and other information will remain in anonymised form. To request removal of your information from the Community, please contact [email protected] If we are unable to remove any of your information, we will let you know why.

Moderation

In addition to our other rights in this Agreement, we may comment on, move, correct, delete, edit or refuse to publish your Community Content to ensure it is accurate, not misleading and complete, to comply with this Agreement and our Community Guidelines or maintain the quality of the Community in our sole discretion.

Third Party Content

If you share a third party’s content on the Community, you must ensure you are permitted to do so under the laws applicable to you (including having a licence or their consent) and provide attribution (unless the third party waives this right or hasn’t consented to their personal information being shared on the Community).

Feedback

You may choose to, or we may invite you to, submit comments or ideas about the Service (including on the Community), including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous,

unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

Paid Services

Certain aspects of the Service may be provided for a fee or other charge (“Paid for Service”). If you elect to use paid aspects of the Paid for Service, you agree to the pricing and payment listed for the Paid for Service which we may update from time to time. We may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.

All payments must be made by Stripe online payment system (https://stripe.com/). You acknowledge that Stripe is provided by a third party provider and agree that we shall have no liability for any loss, damages or costs incurred or suffered by you in using such third party service.

No Refunds

You may cancel your My CC Toolkit account at any time; however, there are no refunds for cancellation. In the event that we suspend or terminate your account (or you fail to successfully complete any approval process for membership) or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

Payment Information

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges associated with that transaction, including those incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such transaction interactions.

Free Trials

We may offer free trials for certain paid subscription Services to allow you to try and trial our Service. My CC Toolkit reserves the right to set eligibility requirements for free trials.

At the end of your free trial period, we will charge the relevant subscription fee for the next billing cycle to your nominated payment method, unless you cancel your subscription prior to such fee becoming due.

Security

We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information (and if applicable, any personal information of a third party, such as your client) at your own risk.

Technology Limitations and Modifications

We will make reasonable efforts to keep our Service operational. However, certain technical difficulties, maintenance, or any other cause beyond our reasonable control (including (but not limited to) failure of the internet, natural disaster, labour shortage or dispute, or governmental act) may, from time to time, result in interruptions. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of our Service with or without notice. You agree not to hold us liable for any such failure or delay in performance and we agree to make all reasonable efforts to restore our Service (or any part thereof) as soon as practicable. Following any disruption within our reasonable control we shall extend your access to any applicable Paid for Services for at least the duration for which those Paid for Services were inaccessible on written request to [email protected]

Third-Party Links

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities, that are not owned or controlled by us.

We do not endorse or assume any responsibility for any such third-party apps, sites, information, materials, products, or services. If you access a third-party app or website from the Service, you do so at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of such sites.

You expressly relieve us from any and all liability arising from your use of any third-party app, website, service, events, training or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Our Responsibility for Loss or Damage Suffered by You

Whether you are a consumer or a business user, 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.

Paid for Services

If you are using the Paid for Services: · Subject to the other exclusions and limitations of our liability in this Agreement, we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Agreement was made, both we and you knew it might happen.

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our site; or
    • use of or reliance on any content displayed on our site.

We will also not be liable for:

    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of, or corruption of, data;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

Our liability to you shall be limited to the fees you have paid to us in the preceding 12 months, or where you have held a My CC Toolkit account for less than 12 months, the fee payable by you for your first year of access to the Paid for Services.

Other Services

For all Services which are not Paid for Services, the exclusions and limitations of liability set out in our Terms of Website Use shall apply.

General Principles

Whether using the Paid for Services, or any other of our Services

  • This Agreement applies to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing; and
  • If you are a therapist, you agree that My CC Toolkit and its content and resources are used at your discretion and risk and that your use of the same shall be subject to your professional judgement and experience. We accept no liability for the use of any resources or content which you may use as part of our Service.
  • You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms of Service and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms of Service.

Indemnity

You agree to defend, indemnify and hold harmless us and our subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any use of your User Content, or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

Intellectual Property Rights

Subject to the terms and conditions of this Agreement, on becoming a Registered User you are granted a non-exclusive, limited, non-transferable, terminable and freely revocable licence to use the Service and the content on My CC Toolkit as permitted by the features of the Service. We reserve all rights not expressly granted herein in the Service and in the content on My CC Toolkit and all the Intellectual Property Rights therein shall remain owned by us or our licensors. This licence will terminate when you cease to be a Registered User, or otherwise on notice from us.

Additional terms may apply for any content that you download from, upload to or print from the Service. Any such additional terms will be made available to you prior to initiating any applicable uploads, downloads or prints.

The layout, design, content and graphics on My CC Toolkit are protected by UK and other international copyright laws. Unless expressly permitted in writing and other than printing a small proportion of content or displaying this on your screen or both, (strictly for your personal non-commercial use), no part of My CC Toolkit may be reproduced or stored in any medium, including but not limited to a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting), nor shown in public. You may not create any derivative work or make any other adaptation, without our prior written consent. You must not modify the copies you have displayed or printed in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text.

If you print off or download any material from My CC Toolkit in breach of this Agreement, your right to use My CC Toolkit will cease immediately and you must at our option return or destroy any copies of the materials you have made. All rights not expressly granted in these terms or any express written license, are reserved. For all other uses of our content or images you must contact us and obtain our prior written permission.

Which Country’s Laws Apply to Any Disputes?

This Agreement, its subject matter and formation (and any non-contractual disputes or claims) are governed by the law of England and Wales. We both agree to the exclusive jurisdiction of the courts of England.