Terms and Conditions of Business

Last updated: November 2017

Welcome to www.hopesholistichealth.co.uk (the “Website”).

Please read our Terms and Conditions prior to booking Training workshops, consultations or treatment sessions.

We are delighted to help with any questions or requests for further information you have. Email us at info@hopesholistichealth.co.uk or call #07982 838460 please. We aim to respond within 24 hours, sometimes it may be a few days – bear with us.

Thank you.

Terms and Conditions of Business

Parties

  • HOPESPASSION LIMITED trading as HOPES HOLISTIC HEALTH: is a limited company registered in England (Company number 10965869) who’s registered address is 6 Paignton Road, Southampton, SO16 4NP (“HHH” / “we” / “us”); and
  • You are the CLIENT who has engaged HHH to perform the Services (the “Client” / “you”).
  1. Definitions and Interpretation
    • The definitions and rules of interpretation in this clause apply in these Terms & Conditions of Business (“Agreement”):

Fees: any fees payable by you to HHH under this Agreement, as specified in the Specification;

Services: the services to be provided by HHH to you under this Agreement, as specified in the applicable Specification. This can include:

  • training sessions (including Energy EFT Foundation and/or Energy EFT Master Practitioner which are accredited by the GoE (Guild of Energists)), which may be offered in person or online (“Training”). The certifying body for the Training is the Guild of Energists Ltd; and
  • performance of emotional freedom techniques, jikiden reiki, rose alchemy, pranic healing, Hippocrates lifestyle nutrition (“Therapies / Therapy Services”).

Specification: a description of the Services to be provided, as agreed by the parties in writing.

  • Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular.
  • A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
  • The terms ‘including’, ‘include’, ‘in particular’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
  • A reference to ‘writing’ or ‘written’ includes email unless stated otherwise.
  • Headings in this Agreement are for reference purposes only.
  • This Agreement shall (i) apply to and be incorporated into any Services to be provided by HHH to the Client; and (ii) prevail over any inconsistent terms implied by law, trade custom, practice or course of dealing. This Agreement will be binding on the parties upon the Client’s confirmation of the Specification.
  1. Our Obligations
    • We will provide the Services to you using reasonable care and skill.
    • We will use reasonable efforts to comply with the agreed Service Specification.
    • All reasonable steps will be taken to ensure that activities are safe and effective, and that the risk of injury is minimised. If at any time you feel pain or discomfort, please inform us immediately.
    • In relation to any Training, upon your successful completion we will issue you with a certificate confirming your completion of the relevant course.
    • We reserve the right to change schedules before or during the Training. This may include changes to the schedule, presentations, presenter, optional evening activities and start/end times.
    • DISCLAIMER: In relation to any Therapies, we do not guarantee any specific results. Please note that we are not medically trained and cannot provide medical advice. Please speak to you GP if you require specific health advice or assistance.
  1. Your Obligations
    • From time to time we may request that you provide us with certain information or assistance to enable us to fully perform the Services and you agree that this will promptly be provided to us.
    • You agree to comply with any Service specific obligations and terms set out in the Specification.
  1. Fees and Payment
    • For any Training Services, we will invoice you 50% of the Fees which will be due three weeks prior to the applicable Training course and the remaining 50% of the Fees prior to the course commencement date.
    • For any Therapy Services, all invoices must be paid at the time of the treatment. For some appointments, we may need to ask for a deposit.
    • When making payments, debit card/cheque/cash/Bank transfer are the preferred method. We do NOT accept ANY credit cards currently.
    • You will not be entitled to set-off, counterclaim, deduct or withhold payment under this Agreement.
    • If any additional expenses are required, we will obtain your written consent before we incur such expenses.
    • If you do not pay an invoice issued to you by the relevant due date, we reserve the right to take the following actions:
      • charge interest on any outstanding sums from the due date for payment in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment; and/or
      • suspending the Services we provide to you.
    • We may set-off any liability that you may have to us against any liability that we may have to you.
  1. Confidentiality and Data Protection
    • We will keep in strict confidence all of your personal details and reasonably confidential information that has been disclosed by you to us. We will only disclose this information as part of the Services or as otherwise agreed with you in advance. Please see our Privacy Policy on our website for further details (https://hopesholistichealth.co.uk).
    • Each party agrees to comply with its respective obligations under the applicable data protection and privacy laws and regulations. In particular, we agree to ensure that any personal data is subject to reasonable security protection and we will only process personal data from you as required in the performance of the services and in accordance with your instructions. We will update, amend or delete such personal data upon request.
    • In relation to any Therapy sessions, certain personal and health information will be kept about you.  All such information is treated as being confidential and is subject to our this clause, our Privacy Policy, the Data Protection Act (1988) and any other applicable privacy laws and regulations.  The use and disclosure of client health data by us can only be undertaken where certain conditions are met, the essential ones being:
      • a patient has given their explicit consent or it is necessary for the provision of health care (this can include the management of administration processes that are necessary in order to provide healthcare);
      • where a patient has provided information for their healthcare and treatment they must be made aware, and in agreement about, how the information is used and who it may be disclosed to;
      • only persons who are directly involved in the above and have a legal right to view the data can have access.  The information must be used for that purpose only.  In all cases, the minimum amount of information must be disclosed and accessed;
      • where patient information is being considered by other uses such as research or education this will always require consent of the patient to use it in this way; and
      • as a patient, you have the right under the Data Protection Act (1988) to request access to the records the practice holds on you.  All such requests should be put in writing to HHH.
  1. Limitation of Liability
    • This clause sets out the liability of each party under this Agreement (in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise).
    • All warranties, conditions and other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law.
    • Nothing in this Agreement limits or excludes the liability of either party for death or personal injury which results from negligence or for any damage or liability incurred by a party as a result of fraud or fraudulent misrepresentation by the other party.
    • Subject to clause 6.3 and excluding any provisions in this Agreement where an indemnity is provided by either party:
      • neither party will be liable for loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
      • each party’s total liability to each other party in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising under or in connection with this Agreement will be limited to the Fees paid or payable for the Services provided to the Client by HHH in the preceding six months (to be calculated on a pro rata basis where the applicable period is less than six months).
  1. Cancellations
    • Subject to clause 7.5, if you cancel the Training Services at any time, or if you fail to attend a Training session (for any reason, you must pay the full Fees for the instruction to us, as detailed in the relevant Specification (“Training Cancellation Fee”). However, these fees will provide you with a credit towards any other Services provided that they are used by you within 12 months of the date of cancellation.
    • Subject to clause 7.6, if you cancel the Therapy Services with less than 48 hours’ notice, or if you fail to attend a Therapy session for any reason, you must pay 50% of the Fees for the instruction to us, as detailed in the relevant Specification (“Therapy Cancellation Fee”). Please be advised that we would not recommend a patient suffering from a heavy cold, flu or a stomach bug who is booked in, to attend their appointment whilst unwell (to prevent any cross contamination). If you are unsure, please contact HHH who will advise you and reschedule your appointment if necessary.  No cancellation charge will be made under these circumstances.
    • Your booking may be transferred to another individual up until seven calendar days before the start of the relevant Training or Therapy Session. An optional admin fee may be charged to cover any costs.
    • In rare circumstances, we may be required to cancel or re-arrange the performance of the Services, for example, due to ill health. In this event, we will use reasonable efforts to agree another date with you upon which the Services will be provided. You will not be charged the Training Cancellation Fee or Therapy Cancellation Fee in circumstances where we have cancelled the Services.
    • By default, we’ll notify you of any important changes via your email address so please do contact us in advance if you prefer to receive important notifications by phone. We’ll also post the most up-to-date information to the website (https://hopesholistichealth.co.uk) which you are advised to check regularly before, during and after a Training session.
    • You will have the right to terminate the Services at any time within 14 days from the date of the confirmation of your instruction (“Cancellation Period”) under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
    • Notice to terminate the Services within the Cancellation Period can be given to us in writing either by using the notice form contained at Annex 1 of these Terms (“Cancellation Notice”) or by any other means, provided that such notice is given in writing and contains all the information included in the Cancellation Notice.
    • The Cancellation Notice shall be deemed served:
      • If served by post, at the time of posting; and
      • If sent by email, the date upon which it is sent.
    • You have the right to cancel this Agreement within 14 days of entering into this Agreement (“Cancellation Period”) by notifying us in writing. Please note that instructing us to commence the Services within the Cancellation Period will be deemed to be a waiver of your right to cancel your instruction for the provision of the Services. Where the Services have been provided within the Cancellation Period, if you then terminate the Services, you will be liable to pay us for the Fees for any work that has been undertaken in the Cancellation Period, up to the date that the Cancellation Notice is received by us.
  1. Termination
    • Without limiting any other rights or remedies, either party may terminate the Agreement with immediate effect by providing written notice to the other (defaulting) party upon, or at any time after, the occurrence of any of the events specified below:
      • a breach by the defaulting party of its obligations under the Agreement which (if the breach is capable of remedy) the defaulting party has failed to remedy within 14 days after receipt of notice in writing requiring the defaulting party to do so;
      • an event, including (or similar in nature to) the following: (i) the defaulting party is unable to pay its debts as they fall due; (ii) the defaulting party goes into bankruptcy or liquidation either compulsorily (except for the purpose of restructuring or amalgamation) or voluntarily; or (iii) the defaulting party ceases to carry on its business.
    • If the Agreement terminates for any reason we shall not have any obligation to repay any Fees paid by you.
    • We won’t be liable if we are prevented from, or delayed in, performing our obligations under the Agreement due to any acts, events, omissions or accidents beyond our reasonable control. Where such an event continues for a period of 4 weeks or more, you may immediately terminate the Agreement by providing us with written notice.
  1. Miscellaneous
    • This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
    • It may be necessary for us to update this Agreement and its terms from time to time. If you continue to use the Services after we have informed you of any amendments or additional terms to the Agreement, you will be deemed to have accepted these changes and they will be incorporated into this Agreement.
    • Subject to clause 9.2, no variation of this Agreement will be effective unless it is in writing and signed by both parties.
    • No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy.
    • You shall not, without the prior written consent of HHH, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this Agreement. HHH 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 this Agreement.
    • All notices must be in writing and will be deemed given when mailed by registered or certified mail, return receipt requested, to the other party’s main business address. Serving notice by email or fax will not be accepted as an effective method of providing notice of a claim under this Agreement.
    • No one other than a party to this Agreement, their successors and permitted assignees, shall have any right to enforce any of its terms.
    • Nothing in this Agreement is intended to, or will be deemed to establish any partnership or joint venture between the parties, make a party the agent of the other party or authorise a party to make or enter into any commitments for or on behalf of the other party.
    • If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
    • If you have a complaint to make, please address it to us in writing and send it by recorded delivery to our registered office at 6 Paignton Road, Southampton, SO16 4NP.
    • This Agreement and any dispute or claim arising out of, or in connection with, its subject matter or formation (including non-contractual disputes or claims) is governed by English law and the parties agree to irrevocably submit to the exclusive jurisdiction of the English courts.

 

Annex 1: CANCELLATION NOTICE

This Cancellation Notice is set out in the form required by Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

If you wish to cancel the contract you MUST DO SO IN A CLEAR STATEMENT and deliver personally or send (which may be by electronic mail) this to the Company at their address below. You may use this form if you want to but you do not have to.

(Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE AGREEMENT.)

 

To: HOPESPASSION LIMITED to 6 Shepherds Way, Southampton, SO16 0TJ; or by email to info@hopesholistichealth.co.uk.

 

I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) wish to cancel my/our (delete as appropriate) contract

 

Ref: ________________ (can be found on your Specification document or invoice)

 

Date Contract Commenced: ______________

 

Consultant’s Name: _____________________________________________

 

Signed

 

 

 

 

Name and Address

Date:

Last updated November 2017

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