Terms and Conditions
1. INTERPRETATION
In this document the following words shall have the following meanings:
a. "Consumer" shall have the meaning ascribed in the Consumer Rights Act 2015;
b. "Customer" means any person who purchases Services from the Supplier;
c. “Practitioner” means Donald Hamilton;
d. "Services" means all and any of the services stated on the Supplier’s Website or otherwise provided by the Supplier or the Practitioner; including, without limitation, Hypnosis, Hypnotherapy, Neuro Linguistic Programming, Havening TechniquesTM and the provision of audio recordings and/ or video recordings;
e. "Supplier" means Donald Hamilton LLP of the Garth, Moushill Lane, Milford, Surrey GU8 5BQ;
f. “Supplier’s Websites” means www.donaldhamiltonhypnotherapy.com and www.donaldhamilton.co.uk ; and
g. "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2. GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services, by virtue of any statute, law or regulation.
2.4 Where the Customer is a Consumer, nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
2.5 Personal data will be handled in accordance with Supplier’s Privacy Policy, which can be accessed on www.donaldhamiltonhypnotherapy.com. Customer consents to the Supplier recording therapy sessions, whether delivered by hypnotherapy, NLP or such other means as the Supplier deems appropriate.
3. THE ORDER
3.1 The Customer shall be deemed to have placed an order for Services with the Supplier ("the Order") upon submission of a booking form, or upon booking an appointment with the Supplier whether through the Supplier’s Website or otherwise.
3.3 By placing an Order, the Customer shall be deemed to have accepted of these Terms and Conditions.
4. PRICE AND PAYMENT
4.1 The price for the Services is as specified on the Supplier’s Website or as agreed between Customer and Supplier and is exclusive of VAT.
4.2 Payment of the price shall be in the manner specified on the Supplier’s Website or as specified otherwise by the Supplier and the price for each appointment is to be paid in full prior to the appointment.
4.3 If the Customer fails to make full payment in accordance with Clause 4.2, the Supplier shall be entitled to cancel their appointment at the suppliers discretion.
5. DELIVERY
5.1 The date(s) of delivery of the Services is/ are as specified in the Order or as agreed between the Supplier and the Customer. The Supplier may vary these times (or any of them) by intimating in writing details of the change to the Customer.
5.2 Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Services.
6. CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
a) co-operate with the Supplier;
b) provide the Supplier with any information reasonably required by the Supplier;
c) obtain all necessary permissions, licences and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
d)comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
7. SUPPLIER’S OBLIGATIONS
7.1 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
7.2 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
8. CUSTOMER’S USE OF THE SERVICES
8.1 CUSTOMER MUST NOT USE THE SERVICES IF THEY ARE UNDER 18 OR IF ANY ONE OR MORE OF THE FOLLOWING APPLIES TO THEM, UNLESS THEIR DOCTOR HAS ADVISED THEM IN WRITING THAT IT IS SAFE:
THEY SUFFER FROM ANY FORM OF PSYCHOSIS OR DISSOCIATIVE DISORDERS
THEY ARE SCHIZOPHRENIC
THEY SUFFER FROM BIPOLAR DISORDER
THEY HAVE SUICIDAL THOUGHTS
THEY SUFFER FROM DEPRESSION
THEY SUFFER PANIC ATTACKS
THEY SUFFER FROM EPILEPSY
THEY SUFFER FROM NARCOLEPSY
THEY HAVE A HEART CONDITION
THEY ARE PREGNANT
THEY ARE UNDER THE CARE OF A MENTAL HEALTH PRACTITIONER, OR UNDER THE CARE OF ANY MEDICAL PRACTITIONER FOR ANY PSYCHOLOGICAL CONDITION
THEY HAVE ANY UNRESOLVED MENTAL HEALTH ISSUES NOT COVERED ABOVE
THEY ARE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL
8.2 CUSTOMER MUST NOT USE THE SERVICES WHEN DRIVING OR DOING ANY OTHER ACTIVITY THAT REQUIRES CONSCIOUS ATTENTION OR CONTROL
9. DISCLAIMER
9.1 THE SERVICES ARE NOT INTENDED AS THERAPY FOR ANY MENTAL HEALTH CONDITION NOR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR PSYCHOLOGICAL ADVICE, DIAGNOSIS OR TREATMENT.
9.2 CUSTOMER USES THE SERVICES AT THEIR OWN RISK
9.3 THE SUPPLIER AND THE PRACTITIONER DISCLAIM ANY LIABILITY FOR ANY DIRECT OR INDIRECT CONSEQUENCES ARISING FROM THE USE OF THE SERVICES.
9.4 SUBJECT TO CLAUSE 10, BY USING THE SERVICES, CUSTOMER AGREES TO WAIVE AND FOREVER RELEASE EACH OF THE SUPPLIER AND THE PRACTITIONER FROM ANY CLAIM OR LIABILITY OF ANY KIND OR NATURE WHATSOEVER ARISING AT ANY TIME OUT OF, OR IN RELATION TO, HIS/ HER/ THEIR USE OF THE SERVICES.
9.5FOR THE AVOIDANCE OF DOUBT, PURSUANT TO CLAUSE 12 BELOW, IF ANY COURT OF COMPETENT JURISDICTION RULES THAT ANY PART OF THIS CLAUSE 9 IS INVALID, THIS CLAUSE 8 SHALL CONTINUE IN FORCE AND EFFECT AS IF THOSE PARTS WERE STRUCK OUT.
10. LIMITATION OF LIABILITY
10.1 NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT THE LIABILITY OF THE SUPPLIER FOR DEATH OR PERSONAL INJURY OR FOR ANY MATTER FOR WHICH LIABILITY CANNOT BE EXCLUDED BY LAW. SUBJECT TO THE FOREGOING, NEITHER (I) THE SUPPLIER and/or (II) THE PRACTITIONER SHALL BE LIABLE FOR ANY DIRECT LOSS OR DAMAGE SUFFERED BY THE CUSTOMER HOWSOEVER CAUSED, AS A RESULT OF ANY NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE IN EXCESS OF THE PRICE OF THE SERVICES.
10.2 SUBJECT TO THE FIRST SENTENCE OF CLAUSE 10.1, NEITHER (I) THE SUPPLIER and/or (II) THE PRACTITIONER SHALL BE LIABLE UNDER ANY CIRCUMSTANCES TO THE CUSTOMER FOR (I) ANY INDIRECT OR CONSEQUENTIAL LOSSES OR OTHER ECONOMIC LOSS, OR (II) ANY LOSS OF INCOME, LOSS OF BUSINESS, LOSS OF PROFIT OR LOSS OF OPPORTUNITY (IN EACH CASE WHETHER DIRECT OR INDIRECT), SUFFERED BY THE CUSTOMER HOWSOEVER CAUSED.
10.3 NO PERSON OTHER THAN A PARTY NAMED OR REFERENCED IN THESE TERMS & CONDITIONS WILL HAVE ANY RIGHT UNDER THE CONTRACT (RIGHTS OF THIRD PARTIES) ACT 1999 TO ENFORCE ANY OF THESE TERMS.
11. CANCELLATIONS
11.1 The Supplier’s cancellation policy is as set out on the Supplier’s Website, and is deemed incorporated into these Terms & Conditions.
12. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
13. SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
14. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.
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