Terms of service.

TERMS AND CONDITIONS

KEY DEFINITIONS

  • “I”, “our”, “us”, or “we” refer to the business, The ADHD Collective.

  • “you”, “your”, or “the user” refer to the person(s) using this website, and/or signing up to out membership system.

  • “websites”, “website”, or “sites” refer to https://theadhdcollective.org and https://members.theadhdcollective.org unless otherwise specified.

  • “products”, or “services” refer to any products or services listed on our websites, including memberships.

Please read these terms and conditions carefully before subscribing to one of our Services. You should understand that by using this website, purchasing a product or subscribing to one of our Services, you agree to be bound by these terms and conditions.

DISCLAIMER

The information on this website and delivered through the membership community on any of its platforms including social media (hereby referred to as “The ADHD Collective Resources”) is for informational and educational purposes only and is not a substitute for, nor does it replace, professional medical judgment, advice, diagnosis, or treatment.

Although we make reasonable efforts to compile accurate information in our resources and to update the information in our resources, we make no representations, warranties or guarantees, whether express or implied, that the content inThe ADHD Collective Resources are accurate, complete or up to date. You should not rely on this information to recommend a course of treatment for you or any other individual. Reliance on any information provided through an ADHD Collective Resource is solely at your own risk.

The ADHD Collective Resources are not intended to, and do not, amount to professional advice (including but not limited to legal or medical advice) which you should rely on. It is not in any way an alternative to specific advice provided by a healthcare professional or lawyer.

The content is not intended to establish a standard of care to be followed by a user of an ADHD Collective Resource. If you have questions about any legal or medical matter, you should consult your lawyer or healthcare professional (respectively) without delay.

Do not disregard, avoid or delay obtaining legal, medical or health related advice from a qualified legal, medical or other professional because of something you have read or heard through an ADHD Collective Resource.

The use of or reliance on any information delivered through an ADHD Collective Resource, whether provided by ADHD Collective, its employees, or others appearing on the site at the invitation of ADHD Collective, is solely at your own risk.

The ADHD Collective does not recommend or endorse any specific treatment, medication, tests, health care professionals, procedures, or any clinical or medical information that may be contained in, or transmitted through an ADHD Collective Resource.

If you are in the United Kingdom and think you are having a medical or health emergency, call your health care professional, or 999, immediately.

MEMBERSHIP TERMS & CONDITIONS

1. YOUR STATUS

  1. By placing an order through our site, you warrant that:

    1. you are legally capable of entering into binding contracts either on your own behalf or on the behalf of another person (as their parent or guardian) who will use the Services; and

    2. you are at least 18 years old;

2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND THE ADHD COLLECTIVE

  1. After completing signup, you will receive an e-mail from us acknowledging that we have received your first payment. Please note that this does not mean that your subscription has been accepted. Your subscription constitutes an offer to us to subscribe to our Services. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your subscription has been accepted (Welcome Email). The contract between us (Contract) will only be formed when we send you the Welcome Email.

  2. The subscription plan to our Services consist of an initial charge, followed by recurring period charges depending on the subscription structure selected and as agreed to by you. By entering into this Contract, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. The ADHD Collective may submit periodic charges (e.g. annually, monthly) without further authorisation from you, until you provide prior written notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before The ADHD Collective reasonably could act. To terminate your authorisation or change your payment method, log in to our site and manage your automatic subscription payment to us through your account page. 

  3. By subscribing to our Services you are agreeing to pay recurring periodic subscriptions for a minimum period (either 1 month, or 1 year) and subsequent to that, for an indefinite time until cancelled by you. You can cancel your subscription at any time following the expiration of the minimum period, which is detailed in the description of the service at the time of purchase. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to allow termination of a subscription by you and additionally to charge fees that may differ from your original subscription price, if our pricing has adjusted.

  4. If you wish to cancel your subscription with us, you must cancel 7 days before your next payment is due to be collected, in order to avoid being charged for the following membership period. Members cancelling after their payment has been taken will receive the following period as their last membership period. If your payment has been cancelled before the 7 day period in compliance with these terms and conditions you will not be invoiced for an additional membership period.

  5. We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.

  6. Access to the Members only Closed Facebook group, Members Only Discord Server and WhatsApp Member Notifications Group is limited to current subscribers only. Once you have cancelled your subscription you will be removed from the above groups and any affiliated groups, regardless of the date the cancellation of the subscription has been made.

  7. We reserve the right to monitor and remove any persons acting outside of the rules and guidelines indicated within the Facebook and Discord groups. This decision will be made at our absolute discretion and will not be entered into further discussion. These rules are communicated on the groups. 

  8. We invite active members to join the Discord and Facebook groups as soon as the subscription has been started, via email link. It is the member’s responsibility to request to join the group. The ADHD Collective will not be held responsible for any correspondence regarding this that is lost in transit. 

3. CONSUMER RIGHTS

  1. If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 6 below).

  2. To cancel a Contract within 14 days of purchase you must write to us advising that you wish to cancel your subscription. You must pay the cost of returning any Products that we have sent you as part of your membership subscription. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

4. RISK AND TITLE

  1. Any Products we send to you will be at your risk from the time of delivery. 

  2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products and Services (if those Products form part of the Services), including delivery charges, where applicable.

  3. All content provided by us as part of a subscription Service remains under our ownership, and must be returned to us upon the cancellation of any subscription.  This includes digital files, which must be deleted upon the cancellation of any subscription.

5. PRICE AND PAYMENT

  1. The price of the Products and Services will be as quoted on our site, except in cases of obvious error.

  2. Product and Service prices include VAT.

  3. Product and Service prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Welcome Email.

  4. Payment for all Products and Services are processed via Stripe. We also accept Visa, MasterCard, American Express and Apple Pay via Stripe.

6. REFUNDS POLICY

  1. If you return a Product supplied as part of the Services, to us:

    1. Because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 3.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you may be responsible for the cost of returning the item to us (see clause 3.2).

    2. For any other reason (for instance, because you have notified us that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.

  2. We will refund any money via the original payment method used for your purchase or via bank transfer.

7. WARRANTY

  1. We warrant to you that any Product or Service purchased from us through our site will conform to its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products or services of that kind are commonly supplied.

8. OUR LIABILITY

  1. Subject to clause 8.2, if we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the Products or Services.

  2. Nothing in this agreement excludes or limits our liability for:

    1. Death or personal injury caused by our negligence;

    2. Fraud or fraudulent misrepresentation;

    3. Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

    4. Defective products under the Consumer Protection Act 1987; or

    5. Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

9. WRITTEN COMMUNICATIONS

  1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website, The Discord Server, The WhatsApp notifications group, or the private Facebook group. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

10. NOTICES

  1. All notices given by you to us must be given to The ADHD Collective at info@theadhdcollective.org. We may give notice to you at either the e-mail or postal address you provide to us when signing up to a Subscription, or in any of the ways specified in clause 9 above.

  2. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

11. TRANSFER OF RIGHTS AND OBLIGATIONS

  1. The Contract between you and us is binding on you and us and on our respective successors and assignees.

  2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

  3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

12. INTELLECTUAL PROPERTY RIGHTS

  1. We are the owner of the licenses of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.

  2. You may print off one copy, and may download extracts, of any pages from our site for your personal reference. You must not pass links or our materials to non-subscribers. You must not use any part of our copyright materials for any commercial purposes without first obtaining a licence to do so from us and our licensors.

  3. If you post comment or opinion on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.

13. EVENTS OUTSIDE OUR CONTROL

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

  2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

    1. Strikes, lock-outs or other industrial action;

    2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

    3. Fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster;

    4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

    5. Impossibility of the use of public or private telecommunications networks; and

    6. The acts, decrees, legislation, regulations or restrictions of any government.

  3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event

14. WAIVER

  1. If We fail, at any time during the term of a Contract, to insist upon strict performance of any of Your obligations under the Contract or any of these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve You from compliance with such obligations.

  2. A waiver by Us of any default will not constitute a waiver of any subsequent default.

  3. No waiver by Us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with clause 10 above.

  4. You understand that the services You will be receiving from The ADHD Collective are not to be used as a substitute for professional advice by legal, medical or other qualified professionals (including mental health professionals) and are not intended to prevent, diagnose, treat or cure any mental health or medical conditions. You agree that You will seek such independent professional guidance for such matters.

  5. You acknowledge that you are fully responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results. As such, you agree that the ADHD Collective is not, and will not be, liable for any actions or inaction, or for any direct or indirect result of any services provided by the ADHD Collective.

  6. You understand that the ADHD Collective is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and you will not use it in place of any form of therapy if needed.  You understand that Your guides and mentors at The ADHD Collective are not acting as medical professionals, mental health counsellors or legal advisors. No information provided through The ADHD Collective shall be construed as legal advice or legal opinion.

  7. You understand that all comments and ideas provided through The ADHD Collective are solely for the purpose of aiding You in better understanding Your ADHD and increasing Your awareness of evidence-based strategies and resources that may be available to You to help manage Your ADHD. You have the ability to give Your informed consent, and hereby give such consent to The ADHD Collective to assist You in achieving these aims.

  8. You understand that the use of technology is not always secure and You accept the risks of confidentiality in the use of email, text, phone, Facebook, WhatsApp, Zoom, Discord, Skype and other technology.

  9. You hereby release, waive, acquit and forever discharge The ADHD Collective and agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages You may claim to have or that You may have arising out of acts or omissions by Yourself or by The ADHD Collective as a result of any information given by The ADHD Collective or otherwise resulting from the relationship contemplated by this agreement.

  10. You further declare and represent that no promise, inducement or agreement not expressed in this agreement has been made to You to accept this agreement. This agreement shall bind Your heirs, executors, personal representatives, successors, assigns, and agents.

15. SEVERABILITY

  1. If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16. ENTIRE AGREEMENT

  1.  These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

  2. We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

  3. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

  4. Nothing in this clause limits or excludes any liability for fraud.

17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

  1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

  2. You will be subject to the policies and terms and conditions in force at the time that you order Products or Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Welcome Email (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products or Services).

18. LAW AND JURISDICTION

  1. Contracts for the purchase of Products or Services supplied as part of memberships subscriptions through our site, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.