TERMS OF USE - version 9 (April 28th 2017)



This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms of Use) on which you may access and use our software known as Pragmatic Tracker through our website www.pragmatictracker.com (Pragmatic Tracker).

You may download a PDF copy of these Terms of Use here to print off or save to your computer for future reference.

Please read these Terms of Use carefully and make sure that you understand them, before using Pragmatic Tracker. Please note that by using Pragmatic Tracker, you agree to be bound by these Terms and the other documents expressly referred to in it. You will automatically be subscribed to the Pragmatic Tracker newsletter list so we can keep you informed of any updates, extra features we may add from time to time and general related news items. You may of course unsubscribe from this list at any time.

Requesting a free trial or a subscription license for Pragmatic Tracker will be considered to be your agreement to abide by these terms and conditions.

We operate the website www.pragmatictracker.com. We are Manyother Limited, a company registered in England and Wales under company number 7565158 and with our registered office at c/o Parry & Co, Ynys Hir, Sandy Lane, Rhosneigr, Anglesey LL64 5XA.

To contact us, please see our Contact Us page.

1. Why is it important to read these Terms of Use?

1.1. Our Terms of Use are important because they confirm both our legal commitment to you and a number of legal DOs and DON’Ts which you need to be aware of, and agree to, when you use the software and information on our website.

1.2. Subject to you purchasing a subscription in accordance with section 10, we grant you a non-exclusive, non-transferable right to use Pragmatic Tracker during the period of your subscription solely for your internal business operations.

2. Should I read any other information or terms?

Please also read our Privacy Policy, Support Policy and Back-up Policy as these form part of our Terms of Use.

3. What do these Terms of Use cover?

These Terms of Use apply to two types of usage:

3.1. Your use of our online system for managing ‘Outcome Data’ gathered by YOU about YOUR clients. This software is of a type known as ‘SaaS’ which stands for “Software as a Service”. It means software that is only accessed online and does not reside on the users own computer. These Term of Use apply regardless of the sort of device you are using to access our software, or whether you are using the paid-for or trial version. Therefore, they will apply whether you are using a computer, laptop, tablet, mobile phone, smart phone, games console or any other electronic device.

3.2. Use of information and content that you find on any of the websites operated by Manyother Limited. By ‘content’ we mean information whether in written or video format, or downloadable as files.

4. What rules do I agree to abide by, when using the Pragmatic Tracker system?

By using the Pragmatic Tracker system you agree that:

4.1. You are 18 years of age or older.
4.2. You will not let anyone else use your account;
4.3. You will keep your login details, including your password secret;
4.4. You will set up your account in your own name, and use an appropriate display name. You must not seek to pass yourself off as someone else or pick a display name which is offensive, defamatory or otherwise likely to be deemed by us to be unacceptable;
4.5. You will not share your account with another user, practitioner or therapist, either as individuals or part of a group or organisation.
4.6. You will ONLY enter data on client cases that specifically relate to your own clinical work with those clients. You will NOT enter data on behalf of any other therapist or practitioner, whether as individuals or as part of an organisation.
4.7. You will notify us if you become aware of any unauthorised use of your account.
4.8. You will always act honestly and appropriately. Unacceptable behaviour includes being abusive, offensive, defamatory, infringing anyone's privacy, harassing or doing anything which would upset or be disrespectful to any other person.
4.9. You are aware of the importance of protecting your clients’ identity in relation to data you record about them.
4.10.You will abide by the Data Protection laws of the legal jurisdiction in which you live and operate. In the United Kingdom this is the Data Protection Act 1998 (as amended or superceded from time to time) details of which are available through the Information Commissioners Office (ICO). See section 5 for more about this subject.
4.11.The Intellectual Property Rights relating to all parts of the Pragmatic Tracker system are exclusively owned by Manyother Limited.
4.12.You will NOT make copies of the software or any part thereof, including any information or data available on the software, in whole or part;
 

4.13.You will NOT copy, adapt, modify or translate the software.
4.14.You will NOT translate, disassemble, decompile, reverse engineer, adapt, vary or modify the software. 


4.15.You will NOT delete, vary or obscure any copyright or other proprietary notices on or in the software;


4.16.You will NOT rent, lease, sub-license, assign, transfer or distribute the software or rights to use it;


4.17.You will NOT use the software for sending unsolicited, commercial e-mailing (“SPAM”) or for any illegal access to other computers or networks (“hacking”), distributing internet viruses or similar destructive activities, any illegal activity and any other activity that we, in our absolute and reasonable opinion, deems to be harmful.
4.18.You will NOT access all or any part of the software in order to build a product or service which competes with Pragmatic Tracker.
4.19.You will NOT use Pragmatic Tracker to provide services to third parties.
4.20.You will use all reasonable endeavours to prevent any unauthorised access, or use of, Pragmatic Tracker and, in the event of any such unauthorised access or use, promptly notify us.

We may suspend or terminate your account if we reasonably believe you are breaching any of these requirements or any of the other Terms of Use. Our decision to suspend or terminate your account will be based entirely on our own best judgement.

5. What do I need to know about Data Protection?

5.1. Privacy and Data Protection laws exist in most parts of the world and are designed to protect personal information about individuals and organisations. As the Pragmatic Tracker is designed to capture and manage clinical data on individual people it is important that users understand and comply with legal regulations in the jurisdiction in which they live and operate.

5.2. In the United Kingdom this is the Data Protection Act 1998 (as amended or superceded from time to time) details of which are available through the Information Commissioners Office (ICO) at their website http://www.ico.org.uk/.

5.3. An official guide to Data Protection can be found at http://www.ico.org.uk/for_organisations/data_protection/the_guide
If you are not already registered then you can do so at http://www.ico.org.uk/for_organisations/data_protection/registration

5.4. Manyother Limited as owners and operators of the Pragmatic Tracker is registered with the Information Commissioner’s Office (ICO). Registration number: Z2924513.

5.5. You shall own all right, title and interest in and to all of the data inputted by you into Pragmatic Tracker (Customer Data) and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.

Unless you have opted out (see here: http://pragmatictracker.com/donation.php) you agree that we may anonymise and process the Customer Data to create Anonymised Data. You agree to assign to us any Intellectual Property Rights you may have in the Anonymised Data.

The Anonymised Data may be provided to and used by bonafide
research organisations that are approved by Manyother Ltd for the
purpose of research.

By donating your data you will be contributing to international academic research studies into the effectiveness of psychological therapy.

Anonymised Data will be completely anonymised and neither you, nor
your client’s identity will be contained in the Anonymised Data. All free text data will be removed to ensure no person identifiable information is left. More information on the Pragmatic Research Network is available at www.pragmaticresearchnetwork.org.uk.

5.6. We shall follow our archiving procedures for Customer Data as set out in our Back-Up Policy. This document may be amended by us in our sole discretion from time to time. In the event of any loss or damage to Customer Data, your sole and exclusive remedy shall be for us to use reasonable commercial endeavours to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by us in accordance with the archiving procedure described in our Back-Up Policy. We shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party (except those third parties sub-contracted by us to perform services related to Customer Data maintenance and back-up).

5.7. We shall in providing Pragmatic Tracker, comply with its Privacy Policy. This document may be amended by us in our sole discretion from time to time.

5.8. If we process any personal data on your behalf when performing our obligations under these Terms of Use, the parties record their intention that you shall be the data controller and we shall be a data processor and in any such case:

(a) you acknowledge and agree that the personal data may be transferred or stored outside the European Economic Area (EEA) or the country where you are located in order to carry out Pragmatic Tracker and our other obligations under these Terms of Use;
(b) you shall ensure that you are entitled to transfer the relevant personal data to us so that we may lawfully use, process and transfer the personal data in accordance with this agreement on your behalf;
(c) you shall ensure that the relevant third parties have been informed of, and have given their express consent to, such use, processing, and transfer as required by this agreement and all applicable data protection legislation;
(d) each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.

6. What do I need to know about Intellectual Property Rights?

6.1. Intellectual Property Rights (IPR) means all vested, contingent and future intellectual property rights, including but not limited to, copyright, trademarks, design rights, trade names, patents, know-how, trade secrets, database rights or any similar right exercisable in any part of the world, including any application for the registration of any patents or registered designs or similar registrable rights in any part of the world.

6.2. You acknowledge and agree that we and/or its licensors own all intellectual property rights in Pragmatic Tracker. Except as expressly stated herein, these Terms of Use do not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of Pragmatic Tracker.

6.3. We confirm that we have all the rights in relation to Pragmatic Tracker that are necessary to grant all the rights we purport to grant under, and in accordance with, these Terms of Use.

6.4. Manyother Limited is the exclusive owner of the IPR for the Pragmatic Tracker software and associated websites; including but not limited to:
www.pragmatictracker.com
www.pragmaticresearchnetwork.org.uk

6.5. Within the Pragmatic Tracker system a number of psychometric questionnaires are provided for use by you. All of these questionnaires are copyright protected by various organisations as follows:

PHQ9 is owned by Pfizer Inc (USA)
GAD7 is owned by Pfizer Inc (USA)
PRN14 is owned by ManyOther Ltd (UK)
PRN-F7 is owned by ManyOther Ltd (UK)
PRN-F5 is owned by ManyOther Ltd (UK)
CORE10 is owned by CORE IMS Ltd (UK)
CORE34 is owned by CORE IMS Ltd (UK)
YP-CORE is owned by CORE IMS Ltd (UK)
ROS is owned by J. Seidel (USA)
ORS is owned by Performance Metrics LLC (USA)
SRS is owned by Performance Metrics LLC (USA)
IES is owned by M. Horowitz (USA)
IES-E is owned by N. Tehrani (UK)
IES-R is owned by Weiss & Marmar (USA)
SPIN is owned by Duke University (USA)
WSAS is owned by I. Marks (USA)
SWEMWBS is owned by NHS Health Scotland, University of Warwick and University of Edinburgh (UK).

6.6. As a user of the Pragmatic Tracker system you are permitted to use these questionnaires in both paper form and electronic format within the Pragmatic Tracker system. You are NOT permitted to use or incorporate the questionnaires in other electronic or software based systems without the consent of the copyright owners.

7. What do we say we will do?

7.1. We undertake that Pragmatic Tracker will perform substantially as intended.

7.2. The undertaking above shall not apply to the extent of any non-performance which is caused by use of Pragmatic Tracker contrary to our instructions, or modification or alteration of Pragmatic Tracker by any party other than us or our duly authorised contractors or agents. If Pragmatic Tracker does not conform with the foregoing undertaking, we will, at our expense, use all reasonable commercial endeavours to correct any such non-performance promptly. Such correction constitutes your sole and exclusive remedy for any breach of the above undertaking.
Notwithstanding the foregoing, we:

(a) do not warrant that your use of Pragmatic Tracker will be uninterrupted or error-free; or that the information obtained by you through Pragmatic Tracker will meet your requirements; and
(b) are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that Pragmatic Tracker may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

7.3. These Terms of Use shall not prevent us from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under these Terms of Use.

7.4. We warrant that we have and will maintain all necessary licences, consents, and permissions necessary for the performance of its obligations under these Terms of Use.

7.5. We shall use commercially reasonable endeavours to make Pragmatic Tracker available 24 hours a day, seven days a week, except for:

(a) planned maintenance carried out during the maintenance window of 10.00 pm to 2.00 am UK time; and

(b) unscheduled maintenance performed between 9am and 5pm on business days (Normal Business Hours), provided that we have used reasonable endeavours to give you at least 6 Normal Business Hours’ notice in advance.

7.6. We will, as part of Pragmatic Tracker and at no additional cost to you provide you with our standard customer support services during Normal Business Hours in accordance with our Support Policy in effect at the time that Pragmatic Tracker is provided. We may amend the Support Services Policy in our sole and absolute discretion from time to time.

8. What about Warranties and Indemnities?

8.1. You agree to indemnify Manyother Limited and the copyright holders of any psychometric measures used in Pragmatic Tracker against all losses, expenses, damages and costs that any party may make against you through the use or misuse of the Pragmatic Tracker software or of psychometric questionnaires provided within the system. Specifically you agree to indemnify us from any responsibility with respect to:

(a) Any data whatsoever captured about clients (including client names instead of pseudonyms, writing any confidential notes).
(b) Any confidentiality breach that might arise from use or misuse of the email facilities built into the system.
(c) Clients filling in measures, remotely via email link or by any other method whatsoever offered by the system.
(d) Any harm or distress your clients may experience through the use or misuse of the system and any of the psychometric questionnaires.

8.2. Manyother Limited does not guarantee the accuracy or completeness of training material we provide about how to use the Pragmatic Tracker software. Whilst we will endeavour to explain the use of the system with due regard to best professional practice and the law, this is only a general guide and is no substitute for expert advice or training on legal and professional matters.

8.3. This section 8 sets out the entire financial liability of us (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you:

(a) arising under or in connection with these Terms of Use;
(b) in respect of any use made by you of Pragmatic Tracker or any part of it; and
(c) in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms of Use.

8.4. Except as expressly and specifically provided in these Terms of Use:

(a) you assume sole responsibility for results obtained from the use of Pragmatic Tracker by you, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with Pragmatic Tracker, or any actions taken by us at your direction;
(b) neither we nor the copyright holders of any psychometric measures used in Pragmatic Tracker are responsible for harm or problems caused by any use or misuse of the software or psychometric questionnaires whatsoever;
(c) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement; and
(d) Pragmatic Tracker is provided to you on an "as is" basis and we do not warrant that Pragmatic Tracker will meet your requirements.

8.5. Nothing in this agreement excludes the liability of us:

(a) for death or personal injury caused by our negligence; or
(b) for fraud or fraudulent misrepresentation.

8.6. Subject to clause 8.3 and clause 8.4:

(a) we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms of Use; and

(b) our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the total Subscription Fees paid during the 12 months immediately preceding the date on which the claim arose.

9. Is Manyother Limited responsible for third party websites when it provides a link to these?

Sometimes we provide links to websites and resources operated by third parties. We are not responsible or liable for anything that happens to you when you visit these third party websites and resources. These third party websites may have their own Terms of Use so you will need to be aware of these. Furthermore, unless stated otherwise, Manyother Limited does not endorse any third party website to which it provides a link.Sometimes, third party websites provide links to our websites. This does not mean that we have any relationship with that website and you should be careful about assuming Manyother Limited association or affiliation to anyone else, especially where the existence of that relationship has not been confirmed by us.

10. Do I need to pay a fee?

10.1. Yes, in addition to agreeing to our Terms of Use, you must also pay the annual fee (Subscription Fee).

10.2. A ‘Free’ trial option is available that allows the opportunity to use the system for fictitious data on a 30 day time limited basis, after which access will be terminated. During the trial period you will be invited to subscribe to Pragmatic Tracker.

11. How will my payment be managed?

11.1. You will be invoiced for your subscription. This can either be paid by bank transfer (BACS), or by credit or debit card through Paypal, or directly via Paypal.

12. What technical stuff do I need to know about?

12.1.The Pragmatic Tracker is operated through a secure HTTPS domain that holds an Extended ValidationSLL security certificate. Communication between our server and the web browser on your computer or mobile device is encrypted using industry standard 128bit technology.

12.2.The Pragmatic Tracker software is mounted on a Cloud server to maximise reliability of access. Cloud server technology refers to the use of a cluster of servers such that if one part fails the other parts take up the slack. This type of server is regarded as the most reliable currently available.

12.3.Matters relating to the internet generally, such as broadband availability, connections and data rates may affect the quality and availability of our system and your ability to access it. Whilst we will use all reasonable endeavours to supply the software, we will not be responsible for any failure to provide software services or any unavailability. We provide the service on an ‘as is’ basis and cannot give any absolute guarantee that access will be uninterrupted.

12.4.Whilst we seek to make our system operate on as wide a range of devices as possible, some features and functionality may not work on all devices.

12.5.Whilst we will take reasonable steps to ensure that our content is virus free, we cannot guarantee this. Accordingly, you must take your own precautions in this regard (such as using anti-virus software). We accept no responsibility for any infection by virus or any other contamination or by anything which might have a destructive property.


13. What if I have a complaint?

Use the ‘Contact Us’ link on our website and tell us what you are unhappy about.

14. Changes to these Terms of Use

Please note that we may change these Terms of Use from time to time at our sole discretion. Any revised Terms of Use will be applicable from the date these are published on our website. You should review these Terms of Use regularly to check whether they have been changed or updated.

15. What other legal stuff do I need to know about?

15.1.We shall have noliability to you under these Terms of Use if we are prevented from or delayed in performing our obligations under these terms and conditions, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that you are notified of such an event and its expected duration.

15.2.If Manyother Limited decides not to exercise or enforce any right that it has against you at a particular time, then this does not prevent Manyother Limited from later deciding to exercise or enforce that right.

15.3.If any part of these Terms of Use is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted and the remaining parts of the Terms of Use will continue to be enforceable.

15.4.These Terms of Use constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.

15.5.Each of the parties acknowledges and agrees that in agreeing to these Terms of Use it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of these Terms of Use, other than as expressly set out in these Terms of Use.

15.6.You shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these Terms of Use.

15.7.We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms of Use.

15.8.These Terms of Use do not confer any rights on any person or party (other than the parties to these Terms of Use and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.

15.9.These Terms of Use are governed by English law and both you and Manyother Limited agree to submit to the exclusive jurisdiction of the English courts in connection with the same.

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page last updated: 13/07/2017

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