Terms & Conditions for Hamish & Milo Navigator

The Hamish & Milo Navigator is owned and operated by Hamish & Milo Ltd and is part of our SEMH Wellbeing Intervention programme.

It is important that you are aware of and agree to the following terms and conditions before using Navigator:

These Terms & Conditions (T&C) may be changed by us from time to time with or without notice to you. The latest T&C will be posted on the website, and you should always review these T&C prior to using the website to ensure that you have a current understanding of the T&C under which you are permitted to access this website. If you cannot access the T&C via the internet, we can provide a copy of the most recent T&C by email upon request at hello@hamishandmilo.org.

For any questions regarding these T&C you can email us at hello@hamishandmilo.org.

In these T&C:

Access to Navigator is acquired on an annual purchase basis by an organisation or school and will be invoiced annually with payment due immediately and access to Navigator is conditional on full annual payment.

The annual payment period starts on the date of purchase and ends on the same date the following year.

By purchasing access to Navigator, your organisation gains the limited right to administer the dashboard account by users within the organisation to use the service to produce pre- and post-intervention data for the year, subject to any restrictions elsewhere in these T&Cs. For clarity, users within your organisation means users employed by, contracted to, associated with or volunteering for your organisation only, subject to any restrictions at the point of sale.

Users outside your organisation are not eligible to use the service as part of your account. For example, if the organisation is a school, only users working in that school are eligible to use the service. If the organisation is an organisation that supports schools, the Navigator may only be used by users who work directly with or in support of children or young people that the organisation works with directly or is contracted to support, and not by other users in supported schools, or in support of other children within any supported schools

We reserve the right to terminate your account if you, administrator users or service users within your organisation commit any material breach of these T&Cs. For clarity, we reserve the right to suspend your account at any time if we suspect that users from outside your organisation are using your account, or if we suspect that the registration details of users within your organisation are being used by anyone else.

On termination of a subscription, any rights for administrator users to administer the account and service users within your organisation to use the service will cease.

If your user account is inactive for two years, we reserve the right to lock your account and archive your data. See the Data, Privacy and Cookies policy for further details on how we handle and use your data.

We reserve the right to archive all data older than five years. See the Data, Privacy and Cookies policy for further details on how we handle and use your data.

If your account is terminated early because of a breach of these T&Cs, any payment you have made is not refundable, though we may, at our sole discretion, choose to refund part of the account fee.

Due to the sensitive nature of the information available through Navigator, any unauthorised sub-licencing of an account is strictly prohibited. For clarity, we reserve the right to suspend an account at any time and/or reject any future purchases from the organisation if we suspect that users from outside your organisation are using your account, or if we suspect that the registration details of users within your organisation are being used by anyone else. Also, in such instances, Hamish & Milo has the right to refuse the provision of customer support service or any other services available otherwise to organisations.

As a user, you are responsible for complying with these T&Cs and maintaining the confidentiality of your registration details and password. You are responsible for immediately informing us of any use by another person of your registration details, or any suspected unauthorised use of your registration details.

You are also responsible for the confidentiality of the profiles and any personal data you create by using the service. Based on your access rights as a user, you may have further responsibilities. We reserve the right to notify you of additional responsibilities from time to time.

Each organisation must ensure it has an administrator user at all times. As an administrator user, you are responsible for ensuring that details of the organisation, including contact and payment details, are up to date. You are responsible for ensuring that only service users working within the organisation are accessing the service under your account, and that these users can access only the intervention assessments that are relevant to them. You are also responsible for immediately informing us of any use by another person of your registration details, or any suspected unauthorised use of your registration details.

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently all or any part of the service, and the information, materials, products or services available through Navigator with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance. Price and availability of information, materials, products and/or services are subject to change without notice, subject to restrictions elsewhere in these terms and conditions.

All references on this website to information, materials and services apply to information, materials and services available and applicable to the UK only, unless otherwise stated. This may apply to the Hamish & Milo assessments, resources or any other information provided. If you are outside the UK and choose to use the service, you accept that the service and information may not be appropriate to your location. We cannot guarantee that we comply with all relevant laws in your location.

The service is intended only for use by professionals working with children in educational settings. You are not eligible to use the service if you are under 18 or if you are a research and/or commercial organisation. Unless otherwise indicated, the service is to be used solely to assess social, emotional and mental health difficulties (SEMH) for children and young people and to support professionals in responding to pupils’ SEMH needs.

The service is designed to help professionals identify SEMH in the children and young people they work with to help the child or young person. They should not be used to the disadvantage of a child or young person (for example, to provide evidence for exclusion or removal from a mainstream setting).

The service and results of the profiling needs to be interpreted taking into account the full context of the pupils assessed, including their diagnosed and suspected mental health difficulties, learning difficulties or developmental difficulties (e.g. autism, attention deficit hyperactivity disorder, etc.), as well as any other relevant information that may affect the interpretation of the profile.

By using the service, you acknowledge that these assessment profiles are not a diagnostic tool for specific mental health disorders, learning difficulties or developmental difficulties. By using the service, you acknowledge that you understand that the results of any profile or assessment need to be interpreted in a way that recognises the potential impact of any mental health diagnosis, learning difficulties or developmental difficulties on an assessment, and is sensitive to the needs of the child or young person being assessed and of their parents, caregivers and family.

By using this service, you acknowledge that the assessment and the language used in the Hamish & Milo profile assessments are designed to be used by professionals working with children and young people, and that Hamish & Milo assessments and learning plans are not appropriate for sharing in full with children, young people, parents and caregivers.

We warrant that we shall exercise reasonable skill and care in providing the service. While we endeavour to ensure the availability of the service at all times, we exclude liability for any lack of availability of the service. From time to time, we may restrict access to the service for maintenance, or for any other reason.

To the fullest extent permitted by applicable laws we, on behalf of our employees and volunteers, exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this service or any website with which it is linked. You assume total responsibility for establishing such procedures for your data backup and virus checking as you consider necessary on all devices you use to access the website or use the service.

We exclude all liability for any information and materials added or recommended by users.

You agree to indemnify, release and hold us harmless as well as our directors, representatives, employees and volunteers from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these T&Cs or your access or use of this service, or any of the information, materials, products or services available through this website.

Unless otherwise indicated, Navigator and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, digital conversion and other matters (proprietary rights) related to this website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of Hamish & Milo Ltd.

We are not responsible for the content of the material added or cited by users without the permission of the rights owner or when shared with other individuals or organisations offline. When noticed there is an infringement of these rights, the rights owner of the materials should request us to remove their material off the service or any other user should contact the owner of the rights if wishes so for the same purpose. In addition, we are not responsible or endorse any recommendations made by any user of the service when creating, completing or updating a learning plan for a specific child, whole-group or whole-class or any other learning plan.

You do not acquire ownership rights to any such proprietary rights viewed through this service. Except as otherwise provided herein, none of the proprietary rights may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. You should only download the information recorded on a Hamish & Milo profile assessment to add it to a pupil’s personal file, share it with other adults working with this pupil or their parent/carer for the sole purpose of improving the SEMH of that pupil. Permission is hereby granted to the extent necessary to lawfully access and use this service and/or the information, materials and/or services available on it, to display, download, archive and print in hard copy, portions of this assessment for the above-mentioned use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these T&Cs. When there is no legitimate interest to keep the information, you must immediately destroy any downloaded, archived or printed materials.

Refer to our main Terms & Conditions for further information regarding our Hamish & Milo trademarks.

Any data inputted, stored and processed on the service will be handled by Hamish & Milo Ltd according to our Data, Privacy and Cookies policy, and the Data Processing Agreement appended here.

By agreeing to these T&Cs, you agree to the terms of our Data, Privacy and Cookies Policy, and the Data Processing Agreement, which you should read.

Any electronic communication or material you post or transmit to us over the internet (e.g. via email, social media or any other form of electronic communication) is and will be treated as non-confidential and non-proprietary.

We reserve the right to monitor your communications with us whether by mail, voice, email or any other form of transmission for the purposes of quality control, security and other business-as-usual needs.

Notwithstanding the foregoing, all personal data provided to us as a result of this service will be handled in accordance with our Data, Privacy and Cookies Policy. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this service or any website with which it is linked.

You may receive emails from us from time to time for administrative or communication purposes to inform you of any updates to the service, relevant changes to the T&Cs or to the data, privacy and cookies policy, relevant changes to your user account or any other change that may affect your experience on Navigator. These communications are part of accessing the service and cannot be opted out of receiving such notifications. Hamish & Milo Ltd will endeavour to keep these communications to the minimum required.

This Data Processing Agreement (DPA) applies to the use of Navigator by a purchasing organisation. In some cases, this DPA will be replaced or supplemented by an additional DPA agreed with, or on behalf of, a subscribing organisation. In the case of any conflict between this agreement and an additional DPA, the additional DPA applies.

Unless otherwise defined herein, capitalised terms and expressions used in this DPA shall have the following meaning:

Parties acknowledge and agree that unless otherwise stated below, in the provision of the Services, the Organisation is a controller and the Company Hamish & Milo Ltd is a processor.

The Parties acknowledge and agree that the Company may aggregate, anonymised and/or pseudonymised Organisation Personal Data for research purposes (‘Aggregated Data’) as a separate independent controller.

The Company shall not Process Organisation Personal Data other than on the relevant Organisation’s documented instructions. For the purpose of this section, the terms and conditions of the Hamish & Milo website are documented instructions.

Where acting as controllers, the Parties shall comply with all applicable Data Protection Laws. The Organisation will provide fair notice to parents in respect of any data which will be processed through Navigator as well as that Hamish & Milo Ltd may process the Aggregated Data for research purposes.

The Company shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Subprocessor who may have access to the Organisation Personal Data, ensuring in each case that such individuals comply with the DPA and are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.

Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Hamish & Milo Ltd shall in relation to the Organisation Personal Data implement appropriate technical and organisational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.

In assessing the appropriate level of security, Hamish & Milo Ltd shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.

Taking into account the nature of the Processing, the Company shall provide reasonable assistance to the Organisation by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Organisation obligations to respond to requests to exercise Data Subject rights under the Data Protection Laws. The Company shall:

The Company shall notify the Organisation without undue delay upon Company becoming aware of a Personal Data Breach affecting Organisation Personal Data. The Company shall co-operate with the Organisation and take reasonable commercial steps as are directed by Organisation to assist in the investigation, mitigation and remediation of each such Personal Data Breach.

The Company shall provide reasonable assistance to the Organisation with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, in each case solely in relation to Processing of Organisation Personal Data by, and taking into account the nature of the Processing and information available to, the Company.

At the option of the Organisation, the Company will delete or return to the Organisation all Organisation Personal Data.

The Company will be entitled to retain the Aggregated Personal Data and any Organisation Personal Data that it has to keep, to comply with any applicable law or which it is required to retain for insurance, accounting, taxation or record-keeping purposes. Any Organisation Personal Data retained in accordance with this section ‎will be kept by the Company as a Controller.

Subject to this section, the Company shall make available to the Organisation on request all information necessary to demonstrate compliance with this DPA, and shall allow for and contribute to audits, including inspections, by the Organisation or an auditor mandated by the Organisation in relation to the Processing of the Organisation Personal Data.

Information and audit rights of the Organisation only arise under the previous section to the extent that the Organisation cannot itself access the information via Navigator.

The Company may make or authorise a Restricted Transfer if it demonstrates or implements an appropriate safeguard for that Restricted Transfer in accordance with Data Protection Laws. Such appropriate safeguards may include the standard contractual clauses for the transfer of personal data which have been approved by the European Commission or such alternative body in the United Kingdom, in which case the Organisation will execute any documents relating to that Restricted Transfer which the relevant Company requires it to execute from time to time.

Confidentiality

Each Party must keep this Agreement and information it receives about the other Party and its business in connection with this Agreement (“Confidential Information”) confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that:

Notices. All notices and communications given under this Agreement must be in writing and will be delivered personally, sent by post or sent by email to the address or email address set out below or such other address as notified from time to time by the Parties changing address.

The Company’s details:

Hamish & Milo Ltd
Data Protection Officer
4 Gaunts Common Business Centre
Petersham Lane
Gaunts Common
Wimborne
Dorset
BH21 4JT

The Organisation’s details are as provided on the Hamish & Milo website, the admin user being the main representative of the Organisation when the Company is contacted.