Terms & Conditions

These Terms of Sale together with the attachment below and any and all other documents referred to in these Terms of Sale set out the terms and conditions on which Paid Content, accessed via Purchase/Subscriptions, is sold by Us to Consumers through this website, www.hypnobridesandgrooms.com (“Our Site”).

Terms and information that are specific to accessing sessions of Paid Content presented by a Therapist (as defined below) from or via Our Site using the Zoom cloud-based web conferencing/ YouTube/ DropBox and Squarespace platform are set out in the attachment below for ease of reference but they will have the same effect as if set out in these Terms of Sale.
Please read these Terms of Sale and the attachment below carefully and ensure that You understand them before purchasing. If You have any query about anything in these Terms of Sale or the attachment, please contact Us to discuss. When setting up an Account before purchasing, You will be required to read, accept, and agree to comply with and be bound by these Terms of Sale and the attachment. If You do not, You will not be able to make the purchase and access Paid Content through Our Site.
All of the information that We give to You will be part of the terms of Our Contract with You as a Consumer whether it is information that We:

are required by law to give to You before You purchase; or
voluntarily give to You and You rely on it either when deciding to purchase or when, subsequently, You make any decision about the Purchase.

We give You some of that information before You order a Subscription and some it is set out in these Terms of Sale and the attachment.

Paid Content is intended for access and use only by a person who is aged 18 or over, and only a person of that age can set up an Account/ make a purchase.
These Terms of Sale, as well as any and all Contracts, are in the English language only.
These Terms of Sale apply only to the sale of Paid Content; the terms governing use of Our Site are separate and are set out on our Site under the heading “Website Terms of Use”.

Definitions and Interpretation

In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means the account, that You must set up with Us in order to make a purchase;

“Background Items” means background and other information or materials relating to or forming part of the therapy to be provided, all of which information or materials is downloadable or viewable as text/graphics;

“Consumer” means an individual client who makes a purchase or orders any Subscription to Our services comprising any Paid Content which is to be received or used for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;

“Contract” means a contract between Us and You for the purchase of a Subscription for You to access any Paid Content;

“Paid Content” means any content (including text, graphics, images, audio, and video) comprising any session of therapy, or any Background Items or other materials or information which We offer. The sessions, Background Items and other information or materials are sold by Us through Our Site and made available by Us via Our Site by means of

two way synchronous livestream audio and/or video technology, e.g. Zoom, Teams;
asynchronous livestream video and/or audio;
recorded streamed non downloadable video and/or audio; and
downloadable or other viewable text, graphics or other video, audio or other items or information, including Background Items.

Paid Content will be more fully described in other information that We give or make available to You before You make the purchase. That information may include the name of any Therapist presenting any content on Our behalf but whether it does or does not do so, We may, if so We decide in our discretion, at any time and without notice substitute any other Therapist(s) who is suitably qualified and experienced;

“Subscription” means a subscription to Our Site purchased by You which provides You with the entitlement and access to Paid Content which comprises either:

one or more specific single events or items; and/or
one or more series or collections of two or more specific events or items; and/or
one or more or all types of events or items available on or via Our Site; and
the Background Items.

We will give You information about the times and dates or periods of access to (a), (b) and (c) before You purchase.

Every Purchase will include access to the Background Items for the whole period of the Subscription, and they will be accessible within the 72 hour period after Purchase;

“Subscription Confirmation” means Our acceptance and confirmation of Your purchase of a Subscription;

“Subscription ID” means the reference number for Your Subscription;

“Therapist” means the Therapist who presents the Paid Content and/or who interacts with You online during any session of Paid Content;

“We/Us/Our” means No Rain Hypnotherapy/ Katrina Turnbull/ HypnoBrides & Grooms, a registered company in Britain. The main trading address is Cockenzie House & Gardens, EH32 0HY;

“You” means the Consumer who sets up an Account and purchases Subscriptions to access and use any Paid Content.

Information About Us

Our Site, www.hypnobridesandgrooms.com, is owned by Katrina Turnbull and operated by Marlene Lowe, The Emerald Agency, a registered business in Scotland: SC770973

We are a member of and regulated by the AfSFH, the National Council of Hypnotherapy, the CHNC, and insured by Holistic Insurance Services.

Contacting Us

If You wish to contact Us with general questions, You can contact Us by email at support@hypnobridesandgrooms.com, or by post at Cockenzie House & Gardens, Edinburgh Road, East Lothian, EH32 0HY

For matters relating to Paid Content or Your Subscription or Account, please contact Us by email at support@hypnobridesandgrooms.com, or by post at Cockenzie House & Gardens, Edinburgh Road, East Lothian, EH32 0HY

For matters relating to cancellations, please contact Us by email at support@hypnobridesandgrooms.com, or by post at Cockenzie House & Gardens, Edinburgh Road, East Lothian, EH32 0HY

Age Restriction and Consumers only

Only if a person is aged at least 18 years of age and a Consumer may they set up an Account or purchase a Subscription through Our Site and access Paid Content.

Business Clients

These Terms of Sale do not apply to clients purchasing Subscriptions and accessing Paid Content in the course of any business trade, craft or profession carried on by either them or any other person/organisation.

Subscriptions, Paid Content, Pricing and Availability

We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual Subscription and Paid Content that You will receive.

Please note that this does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies between the Paid Content and the descriptions of it. .

We may from time to time change Our prices. Changes in price will not affect any Subscriptions that You have already purchased but will apply to any subsequent renewal or new Subscription. We will inform You of any change in price at least 30 days before the change is due to take effect. If You do not agree to such a change, You may cancel the Contract.

Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect Your use of that Paid Content. However, if any change is made that would affect Your use of the Paid Content, suitable information will be provided to You.

In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform You at least 30 days before the changes are due to take effect. If You do not agree to the changes, You may cancel the Contract.

Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to You before You purchased Your Subscription for access to the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.

We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. All pricing information is reviewed and updated every quarter. Changes in price will not affect any order for a Subscription that You have already placed.

All prices are checked by Us before We accept Your order. In the unlikely event that We have shown incorrect pricing information, We will contact You in writing to inform You of the mistake. If the correct price is lower than that shown when You made Your order, We will simply charge You the lower amount and continue processing Your order. If the correct price is higher, We will give You the option to purchase the Subscription at the correct price or to cancel Your order (or the affected part of it). We will not proceed with processing Your order in this case until You respond. If We do not receive a response from You within 15 days, We will treat Your order as cancelled and notify You of this in writing.

If We discover an error in the price or description of Your Subscription after Your order is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform You of such an error and You do wish to cancel the Contract.

If the price of a Subscription that You have ordered changes between Your order being placed and Us processing that order and taking payment, You will be charged the price shown on Our Site at the time of placing Your order.

All prices on Our Site include VAT. If the VAT rate changes between Your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

Orders – How Contracts Are Formed

Our Site will guide You through the process of setting up an Account and purchasing a Subscription. Before completing Your purchase of a Subscription, You will be given the opportunity to review Your order for the Subscription and amend it. Please ensure that You have checked Your order carefully before submitting it.

If, during the order process, You provide Us with incorrect or incomplete information (including any incorrect or incomplete information about You or the type of Paid Content that You require) please contact Us as soon as possible. If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from You providing incorrect or incomplete information.

No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of Your order does not mean that We have accepted it. Our acceptance is indicated by Us sending You a Subscription Confirmation by email. Only once We have sent You a Subscription Confirmation will there be a legally binding Contract between Us and You.

Subscription Confirmations shall contain the following information:

Your Subscription ID;
Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;
Fully itemised pricing for Your Subscription including, where appropriate, taxes, and other additional charges;
The duration of Your Subscription (including the start date, and the [expiry] [and][or] [renewal date]);
Confirmation of Your acknowledgement that the Paid Content will be made available to You immediately and that You will lose Your legal right to change Your mind and cancel upon accessing the Paid Content as detailed below in sub-Clause 12.1;
In relation to any video (live or recorded) event, item, series, collection or type/s of events or items or Background Items constituting the Paid Content, the time/date when or period during which it can be accessed; and
<<insert additional information as required>>.

In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible and in any event within 7 days.

Any refunds under this Clause 7 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

Refunds under this Clause 7 will be made using the same payment method that You used when purchasing Your Subscription.

Payment for Subscriptions

Payment for each Subscription must always be made in advance in full. Your chosen payment method will be charged when We process Your order and send You a Subscription Confirmation (this usually occurs immediately and You will be shown a message confirming Your payment).

We accept the following methods of payment on Our Site:

<<insert payment method>>;
<<insert payment method>>;
<<insert payment method>>;
<<add further payment methods as required>>.

If You do not make any payment due to Us on time, We will suspend Your access to the Paid Content. For more information, please refer to sub-Clause 9.6. If You do not make payment within 7 days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.

If You believe that We have charged You an incorrect amount, please contact Us at support@hypnobridesandgrooms.com as soon as reasonably possible to let Us know. You will not be charged for Paid Content while availability is suspended.

Provision of Paid Content

We undertake to make available to You on these Terms of Sale the Paid Content for which You subscribe but if You choose not to access or make any permitted use of some or all of that Paid Content or, for any reason not attributable to Us, You are unable to do so, You will not be entitled to any refund.

All Paid Content within the scope of Your Subscription will be available to You in accordance with sub-Clause 7.4.6 from when We send You a Subscription Confirmation for the duration of Your Subscription, including any renewals, or until You end the Contract, on and subject to the following:

9.2.1 An item of Paid Content requested will be available when stated in the information that We provide about it before You place Your order, either (a) if it is a livestream item, the time and date when it is scheduled to be available and to start; or (b) if it is a pre-recorded or other non livestreamed item or Background Item, the period within which it is or will be available for access.

If an item of Paid Content is a livestream item, We will use all reasonable endeavours to make it available and start it at the time it Is scheduled to start, but the start may be delayed either by overrun of a previous livestream item (such being made available by Us to You and/or to others) or by other circumstances. Any such delay will not normally exceed 15 Minutes but if the start is delayed by more than that period then We will <<Insert details of how the provider of the Paid Content will compensate >> to compensate for any inconvenience or loss suffered as a result.

When You place an order for a Subscription, You will be required to expressly acknowledge that You wish Paid Content to be made available to You to access immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) any Paid Content, You will lose Your legal right to cancel if You change Your mind (the “cooling-off period”). Please see sub-Clause 12.1 for more information.

In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:

To fix technical problems or to make necessary minor technical changes;
To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;
To make more significant changes to the Paid Content, as described above in sub-Clause 6.5.

If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 9.4, We will inform You in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform You as soon as reasonably possible after suspension). [You will not be charged while availability is suspended and Your Subscription will be extended by a period equivalent to the length of the suspension [(unless the period of suspension is less than <<insert period>>)]]. If the suspension lasts (or We tell You that it is going to last) for more than <<insert period>>, You may end the Contract as described below in sub-Clause 13.2.

We may suspend provision of the Paid Content as follows if We do not receive payment on time from You. We will inform You of the non-payment on the due date, however if You do not make payment within 7 days of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from You. If We do suspend provision of the Paid Content, We will inform You of the suspension. You will not be charged for any Paid Content while provision is suspended.

Any refunds under this Clause 9 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

Refunds under this Clause 9 will be made using the same payment method that You used when purchasing Your Subscription.

Licence

When You purchase a Subscription to access Paid Content, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence for You to access, participate in and use the relevant Paid Content for Your personal, non-commercial purposes. The licence granted does not give You any rights in Our Paid Content (including any material that We may licence from third parties).

The licence granted under sub-Clause 10.1 is subject to the following usage restrictions:

You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).

Problems with the Paid Content

We undertake to provide content that is of satisfactory quality, fit for purpose, and as described, and to use reasonable care and skill. If any Paid Content available through Your Subscription does not comply or We do not so act, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:

If the Paid Content has faults, You will be entitled to a repair or a replacement.

If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to You, You may be entitled to a full or partial refund.

If You can demonstrate that the fault has damaged Your device or other content belonging to You because We have not used reasonable care and skill, You may be entitled to a repair or compensation. Please refer to sub-Clause 14.3 for more information.

Please note that We will not be liable under this Clause 11 if We informed You of the fault(s) or other problems with particular Paid Content before You accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned You that it may contain faults that could harm Your device or other content), if You have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from Your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.

If there is a problem with any Paid Content, please contact Us at support@hypnobridesandgrooms.com or visit the contact page on Our Site www.hypnobridesandgrooms.com to inform <<insert name or department, e.g. Our client services department>> of the problem.

Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that You are entitled to the refund.

Refunds under this Clause 11 will be made using the same payment method that You used when purchasing Your Subscription.

For further information on Your rights as a consumer, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.

Cancelling Your Subscription

If You are a Consumer, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You Your Subscription Confirmation (i.e. when the Contract between You and Us is formed) and ends when You access (e.g. download or stream) any Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.

After the cooling-off period, You may cancel Your Subscription at any time. However, subject to sub-Clause 12.3 and Clause 13, We cannot offer any refunds and You will continue to have access to the Paid Content for the remainder of Your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.

If You purchase a Subscription by mistake (or allow Your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content. Provided You have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If You have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and You will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).

If You wish to exercise Your right to cancel under this Clause 12, You may inform Us of Your cancellation and contact Us directly to cancel, please use the following details:

Telephone: <<insert telephone number>>;

Email: <<insert email address>>;

Post: <<insert address>>;

in each case, providing Us with Your name, address, email address, telephone number, and Subscription ID.

We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.

Refunds under this Clause 12 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel.

Refunds under this Clause 12 will be made using the same payment method that You used when purchasing Your Subscription.

Your Other Rights to End the Contract

You may end the Contract at any time if We have informed You of a forthcoming change to Your Subscription or the Paid Content (as described in sub-Clauses 6.3 or 6.5), or to these Terms of Sale that You do not agree to. If the change is set to take effect or apply to You before the end of Your current Subscription, We will issue You with a <<insert type of refund>>. If the change will not take effect or apply to You until the expiry of Your current Subscription, the Contract will end at the end of that Subscription period and You will continue to have access to the Paid Content until that date.

If We have suspended availability of the Paid Content for more than <<insert period>>, or We have informed You that We are going to suspend availability for more than <<insert period>>, You may end the Contract immediately, as described in sub-Clause 9.5. If You end the Contract for this reason, We will issue You with a <<insert type of refund>> refund.

If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, You may end the Contract immediately. If You end the Contract for this reason, We will issue You with a <<insert type of refund>> refund.

If We inform You of an error in the price or description of Your Subscription or the Paid Content and You wish to end the Contract as a result, You may end it immediately. If You end the Contract for this reason, We will issue You with a <<insert type of refund>> refund.

You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

Refunds under this Clause 13 will be made within 14 calendar days of the date on which Your cancellation becomes effective, using the same payment method that You used when purchasing Your Subscription.

If You wish to exercise Your right to cancel under this Clause 13, You may do so by contacting Us directly to cancel, please use the following details:

Telephone: <<insert telephone number>>;

Email: <<insert email address>>;

Post: <<insert address>>;

in each case, providing Us with Your name, address, email address, telephone number, and Subscription ID.

Our Liability to Consumers

We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

If, as a result of Our failure to exercise reasonable care and skill, any content (including but not limited to Paid Content) from Our Site damages Your device or other content belonging to You, We will either repair the damage or pay You appropriate compensation. Please note that We will not be liable under this provision if:

We have informed You of the problem and provided a free update designed to fix it, but You have not applied the update; or
The damage has been caused by Your own failure to follow Our instructions; or
Your device does not meet any relevant minimum system requirements that We have made You aware of before You purchased Your Subscription.

Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for Paid Content which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.

Nothing in these Terms of Sale seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

We will not be responsible or liable if You are unable to access any Paid Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the Attachment).

Complaints and Feedback

We always welcome feedback from Our clients and, whilst We always use all reasonable endeavours to ensure that Your experience as a client of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
All complaints are handled in accordance with Our complaints handling policy and procedure, available from <<insert location>> and <<insert location>> respectively.
If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:

[In writing, addressed to <<insert name and/or position>>, <<insert address>>;]

15.3.2 [By email, addressed to <<insert name and/or position>> at <<insert email address>>;]
15.3.3 [Using Our complaints form, following the instructions included with the form;]
15.3.4 [By contacting Us by telephone on <<insert telephone number>> [and choosing option <<insert number>> when prompted].]

How We Use Your Personal Information (Data Protection)

We will only use Your personal data as set out in Our Privacy Policy.

Other Important Terms

We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.
The Contract is between You and Us. No other person shall have any rights to enforce any of its terms.
If a court or other authority finds that any part(s) of these Terms of Sale are unlawful, the remaining parts will remain in full force and effect.
If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms of Sale, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract.
We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to Your Subscription, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them (also see sub-Clause 13.1 above).
Law and Jurisdiction
These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of Scotland.
As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in sub-Clause 18.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
As a Consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.
Attachment
Use of [the Zoom web-conferencing platform] OR Squarepace to access therapy content (“the Content”) online
We offer the Content online [as an alternative that You can choose when You or the [Counsellor][Therapist] cannot or do/does not wish to attend a [counselling][therapy] session in-person (at Our premises or at Your home) for any reason].

We use technology which allows Us to provide the Content provided that You have the appropriate technology (see below) to receive the Content. For this purpose, We use [the Zoom cloud-based web conferencing platform (“Zoom”)] OR [<<insert description of other online service delivery method/s offered>>]].

Where We are to make any of the Content available for You by means of [Zoom] OR [<<insert name of other online service delivery platform>>] rather than any other platform, it will be on the following basis.

The technology that We will be responsible for providing

We will subscribe to [Zoom] [<<insert name of other online service delivery platform>>] and will pay any necessary fees to [Zoom] [<<insert name of other online service delivery platform>>] to maintain that subscription. It will enable Us to act as “host” and to provide the Content to You over the internet via the [Zoom] [<<insert name of other online service delivery platform>>] facility.

To receive or participate in any of the sessions via [Zoom] [<<insert name of other online service delivery platform>>], You will need to join an online session which is within the scope of Your Subscription. You will not need to pay any fee or charge to use the [Zoom] [<<insert name of other online service delivery platform>>] facility or join that session: You will only need to pay for the Content made available by Your Subscription.

We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any [Zoom] [<<insert name of other online service delivery platform>>] App or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable You to use [Zoom].

The technology and other items that You will be responsible for providing

It will be Your sole responsibility to ensure that You have access to, and familiarity with all necessary technology so that You can receive and participate in the Content via [Zoom] [<<insert name of other online service delivery platform>>].

You will need to ensure that You have access to and use the following non-exhaustive list of facilities for this purpose:

An appropriate functioning Device which is adequately charged;
An up to date [Zoom] [<<insert name of other online service delivery platform>>] App where applicable. It will need to be downloaded to Your Device, and installed and working fully and correctly on Your Device, so that You can receive the Content;
Stable, reliable, internet access with adequate speed;
A safe location with a suitable quiet and comfortable environment in which to watch, listen, speak where appropriate, make notes, and otherwise to participate as necessary, without the presence of any other person to distract You or the [Counsellor][Therapist];
Where the Device on its own does not provide an adequate microphone and/or loudspeakers for the purpose of the session, external microphone and/or speakers as reasonably necessary; and
Notebook, pen, and any books or materials that You will need, as advised by Us before You place Your order for a Subscription.

We do not supply or make available the [Zoom] [<<insert name of other online service delivery platform>>] platform that You use to access any Paid Content. We are not a party to Your download and use of that platform, and We will have no responsibility or liability to You in relation to it in any respect. It will be subject to and governed by such terms and conditions and privacy policy of [Zoom] [<<insert name of other online service delivery platform>>] as the third party provider of the platform to You imposes on such download and use.

Paid Content consisting of Background Items is not provided via the [Zoom] [<<insert name of other online service delivery platform>>] platform but is instead downloadable directly from Our Site.

Scope of what We make available to access

We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it.

We do not claim to have any expertise or skill in relation to any technology that You need or use for the purpose of receiving the Content. However, We may, if You request it, either before or during any session, and without charge, offer suggestions in good faith to resolve any problem with that technology that You report, but it will not be in the nature of advice to You. We do not therefore take on any responsibility or accept any liability to You if any such suggestion does not help You to resolve any problem or if by following any such suggestion You experience any other problem, loss or damage to any technology or other thing except if Your Device or Your content is damaged in circumstances where We are liable in respect of that damage under sub-Clause 14.3.

We will not be responsible or liable to You if You are unable to access any of the Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control. In any such case, You will remain liable to pay for the Content that We have made available for You. Such causes beyond Our reasonable control may include (but are not limited to):

Where You are unable to resolve any technology problem (whether or not You have asked Us for or We have offered any suggestions as to how to resolve the problem); or
Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You use or rely on; or
Failure of or defect in the [Zoom] [<<insert name of other online service delivery platform>>] platform used by Us or You to make the Content available to You; or
Your inability to access the Content due to failure of or defects in Our Site etc.

Account setup needed

In order to purchase any Subscription and enable You to receive any Content, You will first need to setup and then maintain an Account with Us. Our Site will guide You through the process of setting up an Account. Please also note the following in regard to Account setup.

You may not create an Account if You are under 18 years of age.

We only offer Paid Content for use in the UK to individuals residing in the UK. You may only open an Account with a residential address in the UK.

During the process of setting up an Account, You will be required to choose a password and user name. We recommend that You choose a strong password for Your Account.

You may be asked for additional information regarding Your Account, such as Your e-mail address.

Your responsibility for Your Account and its security

You must not share Your Account or Your Account details with anyone. If You believe that Your Account is being used without Your permission, please contact Us immediately. We will not be liable for any unauthorised use of Your Account.

You are fully responsible for maintaining the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You log out from Your Account at the end of each session accessed by You. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.

You must never use anyone else’s Account without prior authorization from Us for the specific occasion in question.

When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date.

If You have an active Subscription, Your Account will remain active for the duration of the period of that Subscription or, if later, until the end of the latest access period granted to any Instruction by the Subscription.

If You wish to close and delete Your Account, You may do so via the ‘<<insert name of section>>’ section of Our Site.

Your privacy and security on each occasion when two way sessions are accessed

All two way synchronous live stream audio and/or video sessions that You purchase will be accessible as an individual private session to You only, and not accessible to any other client/s.

The following will apply to any two way synchronous live stream audio and/or video session provided to You:

There are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information;
You understand and are aware that there is a risk that the Therapist may see and hear (via the video and/or audio facilities of the [Zoom] [<<insert name of other online service delivery platform>>] App and Your Device) not only You but also Your space and its surroundings and other people in or near that space and its surroundings when You are participating in the session;
The space that You use should be free of others;
It should be difficult to see or hear via the [Zoom] [<<insert name of other online service delivery platform>>] App and Your Device any interactions between people who are in or near that space and its surroundings. For example, You might decide to use a private room and/or wear headphones;
In any event, it will be Your responsibility to ensure that You have a suitable space to use in order to protect Your privacy and that of others in or near that space.

We will not be liable to You for any loss or damage arising from Your failure to accept or adhere to the above.

Wellbeing, Health and Safety

You acknowledge and agree that:

When You purchase a Subscription and at least 48 hours before You participate in any live two way]session, You must tell Us of any special physical, medical, mental health, psychological, emotional, or other requirement, problem or condition of which You are aware which might be relevant to You participating in that session;

(b) We may discuss with You any such matter referred to in “(a)” above that You tell Us, and if We do so may inform You that We have decided not to accept Your order for a Subscription because of the particular requirement, problem or condition in question. If We do accept Your order, however, You must act in accordance with any instructions provided by Us relating to the matter; and

(c) Due to the remote nature of online live two way sessions, We do not undertake to, and cannot, supervise, attend, assist or advise (or arrange for or alert any third party to do so) if, during a session, You fall ill, have an accident or experience any other problem.

Therapists

Please note that:

We will in Our discretion decide which Therapist to assign to each session with You. Where Your Subscription comprises more than one session, We

EITHER

may assign different Therapists to different sessions, but will endeavour to minimize the changes of Therapist from one session to the next in relation to each Subscription.]

will ensure as far as we reasonably able to do so, that We assign the same Therapist to those sessions, and will in any event try to minimize changes of Therapist from one session to the next in relation to each Subscription.

In any event, the Therapist who We assign to any session will be appropriately qualified and/or experienced at the appropriate level for that session and will be competent to conduct that session.
[[Details of actual or minimum qualifications or experience of the [Counsellors][Therapists] who We may or will assign to any session will be available to see on our Site.] [Where We are able to and consider it appropriate or helpful to our clients to do so, We include on our Site brief details of Our [Counsellors’][Therapists’] current and former relevant roles with other organisations.]]

(d) [If before You purchase any Subscription, You request Us to provide You with [a] reference[s] for the [Counsellors][Therapists] who We may or will assign to present the sessions comprised in that Subscription, We will provide You with [at least] [one][two] professional reference[s] as to their knowledge of, and ability and experience of the subject [and evidence of their qualifications.]

Scope of Our Content

Content offered: We offer the following [counselling][therapy]: <<insert details of the types of counselling or therapy available>> for the following types of problems/situations: <<insert details of the types/s of problem or situation catered for >>.

Our commitment, and amount of [counselling[therapy] needed: We agree to provide sessions for You at the agreed times and days. It is not possible to determine at the outset how much [counselling[therapy] You will require. [Where We consider it necessary or helpful, We will at the appropriate time recommend You to contact other professionals with a view to providing You with help supplementary to, or which suits Your needs better than, Our [counselling[therapy] services.]

Period of sessions: Where a session is a live two way interactive session, We will provide individual [counselling[therapy] for You for a session period of <<insert number e.g. 60 >> minutes (or any other period that We agree with You when You purchase a Subscription).

[Trial session: Where You have not previously received any live two way interactive [counselling[therapy] from Us before, We may agree to provide a single live two way interactive session as a trial for a period of up to <<insert number e.g. 30 >> minutes so that You can decide whether to continue with further sessions with Us.]

Your Progress: Whilst We will use Our reasonable endeavours to ensure that You make satisfactory progress, results will be different for each individual depending on various factors, including, without limitation, number and frequency of sessions, whether or not some or all of them are interactive (as opposed to one way recorded sessions), and any preparation, activity or other action undertaken by You which is prescribed or suggested by the [Counsellor][Therapist].

Satisfactory progress in relation to any particular problem, condition, issue or other circumstance (or resolution of it) cannot be guaranteed, and We make no warranty or representation that any particular progress or result will be brought about as a result of Our providing or You taking part in or viewing any session(s).

Your commitment

Attendance: If You are not available for a session for any reason it is solely Your responsibility to ensure that You make up for that missed session by purchasing an additional session if necessary.

Punctuality: We expect You to be ready for a session at least 10 minutes before the scheduled start time of the session to ensure that You are ready to start on time.

Items materials etc. to be provided by You: We may make suggestions or recommendations as to any materials or items that You should read, view, use, purchase or otherwise acquire where We think it is necessary or helpful for You to do so but We are not responsible for obtaining or providing any materials or items for You, or for the costs thereof.

Tasks, exercises etc for You to carry out: We may give You at the end of a session one or more tasks, exercises, actions or activities to carry out, and We will usually recommend that You should complete them prior to Your next session.

Satisfactory progress: progress is more likely to be achieved if, when You take part in any session, You complete any tasks, exercises, actions or activities previously prescribed or recommended by the Therapist. [If you require guidance in connection with any such tasks, exercises, actions or activities between sessions, We are [usually] contactable by email/phone and [may be] able to provide some help remotely.]

Records: You should provide and maintain a therapy diary in which You can make notes, setting out any useful or necessary information in connection with Your therapy sessions.

Attribution

These Terms of Sale have been created using a document template from www.simply-docs.co.uk.