Terms and Conditions
CONTENTS
1. GENERAL
2. COMPANY INFORMATION
3. LIMITATION OF LIABILITY
4. VIRUS DISCLAIMER & EXTERNAL SITES
5. INTELLECTUAL PROPERTY RIGHTS
6. YOUR STATUS
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
8. OUR STATUS
9. CONSUMER RIGHTS
10. PRICE AND PAYMENT
11. OUR REFUNDS POLICY
12. WRITTEN COMMUNICATIONS
13. NOTICES
14. TRANSFER OF RIGHTS AND OBLIGATIONS
15. EVENTS OUTSIDE OUR CONTROL
16. WAIVER
17. SEVERABILITY
18. ENTIRE AGREEMENT
19. LAW AND JURISDICTION
This page together with the documents referred to on it tells you the Terms and Conditions on which we supply any of the services including audios (“Services”) listed on our website www.Houseofwellbeing.co.uk (the “Website”/”site”) to you. Please read these Terms and Conditions carefully before using our Website. You should understand that by using our website you agree to be bound by these Terms and Conditions.
You should print a copy of these Terms and Conditions for future reference.
Please read through these Terms and Conditions carefully every time you use the Website, your attention is drawn to Sections 3 and 4 (Limitation of Liability and Virus Disclaimer & External Sites). Please also read our Privacy Policy regarding your personal information.
Please click on the button marked “I Accept” at the end of these Terms and Conditions if you accept them. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to use our services on our site.
1. GENERAL
1.1 By using this Website and/or WHG’s services you agree to the Terms and Conditions set out here in these Terms and Conditions.
1.2 We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on the Website (see date at the top) and it is your responsibility to read the Terms and Conditions on each occasion that you use this Website and your continued use of the Website shall signify your acceptance to be bound by the latest Terms and Conditions.
1.3 You agree that you have read and understood these Terms and Conditions and that you will continue to keep yourself informed of these Terms and Conditions.
2. COMPANY INFORMATION
2.1 www.Houseofwellbeing.co.uk is a site operated by WHG Ltd company registered in England under company number 11974286.
2.2 WHG Ltd directors are Natasha Taylor and Sophie Fox.
2.3 Sophie Fox is a member of the General Hypnotherapy Register
3. LIMITATION OF LIABILITY
3.1 Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability, which may not otherwise be limited or excluded under applicable law.
3.2 Subject to Section 3.1 above:
3.2.1 WHG will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site. Subject to Section 3.1 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
3.2.2 Please note that information on these pages and on our Products is not a substitute for qualified medical advice and does not replace the advice of your doctor. WHG accepts no liability for your use of this Website and for the information contained on this Website or Products. You acknowledge that as you have not received any personalised advice from WHG. WHG cannot be liable for the suitably of our services nor information provided as part of our services, to your particular circumstances and for any consequences thereof and you acknowledge that usage of any of our services at your own risk. Furthermore, no guarantee can be given of any outcome as a result of your use of any of our services.
3.2.3 Most of our services utilise hypnosis/altered states of consciousness. Every audio is prepared by one or more trained, qualified and practicing hypnotherapists. However, because altered states of awareness are involved you should not use our Products when driving, using machinery or doing anything which requires your attention. For reasons of good practice our services are not a substitute for qualified medical treatment. Therefore, if you think you have or may have a medical condition of any kind then you should seek the appropriate support and only use our Products with the informed consent and guidance of your doctor.
3.2.4 WHG will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms and Conditions for any:
a. economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated saving);
b. loss of goodwill or reputation;
c. special or indirect losses; or
d. other losses suffered or incurred by that party arising out or in connection with the provisions of any matter under these Terms and Conditions.
3.2.5 Notwithstanding the above, WHG aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to the amount paid or payable by you for the Product(s) and/or services in respect of one incident or series of incidents attributable to the same clause, whichever is the greater.
3.2.6 This clause 3 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
3.3 WHG shall have no liability to pay any money by way of compensation in relation to the infringement by any person of any intellectual property rights of any third Party caused by their use of www.houseofwellbeing.co.uk.
4. VIRUS DISCLAIMER & EXTERNAL SITES
4.1 Reasonable steps have been taken to protect this Website by anti virus software but all visitors are advised to take all necessary steps to ensure that no virus contamination occurs. Subject to clause 3.1 above, no responsibility can be accepted by WHG Ltd for any loss or damage sustained as a consequence of any virus transmission.
4.2 Any links to other websites owned and operated by third parties (“External Sites”) and any references to other authors’ books, products or services are provided for information only for smooth processing of your transaction. Nothing on this Website shall be deemed to be an endorsement of any such website / trainer / course / seminar / workshop / book / or product by WHG.
4.3 WHG shall not in any event be liable for any content of any such External Sites. Subject to clause 3.1 above, WHG cannot accept any liability for any loss of data or damage to your computer system (or any other computer system with which you may interact through your computer system and related peripheral components) which occurs due to your use of this Website, our services or as a result of downloading material from this Website or External Sites.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 All copyright, design right, database right, patents and any right to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications thereof and other like rights in our MINDTALK Audios belong to and vest in WHG or are licensed by WHG unless otherwise specified.
5.2 All copyright, design rights, database right and other like rights in the www. Houseofwellbeing.co.uk Website design and software belong to and vest in WHG unless otherwise specified. All such rights are asserted and reserved.
5.3 In respect of www.houseofwellbeing.co.uk, the MindTALK Audios you shall not:
5.3.1 hack, attempt to hack, distribute, modify, transmit, re-use, re-post, download or use any, all or part of them or the information contained therein for any purpose other than as set out above;
5.3.2 make any commercial use without WHG prior written consent;
5.3.3 provide hypertext links, URL links, graphic links, hyperlinks or other direct connection for profit or gain to them without WHG prior written permission;
5.3.4 display, publish, copy, print, post or otherwise use them and the information contained therein for the benefit of any third party or External Site without WHG’s prior written consent; and
5.3.5 process or otherwise use the information contained on or within them for any illegal or immoral purpose or use or process the same unfairly.
5.4 You must retain all copyright notices and other proprietary notices contained on Houseofwellbeing.co.uk, the MindTALK Audios.
5.5 All third party copyright, design rights, database WHG makes no warranty or representation in relation thereto.
6. YOUR STATUS
By subscribing to our site, you warrant that:
6.1 you are legally capable of entering into binding contracts;
6.2 you are at least 18 years old;
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
You will receive a welcome email from WHG along with a link to the Terms and Conditions which must be accepted before using the site.
8. OUR STATUS
8.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the Terms and Conditions of that third party seller, which they will advise you of directly. You should carefully review their Terms and Conditions applying to the transaction.
8.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
9. CONSUMER RIGHTS
If you are subscribing as a consumer, you may cancel your subscription at any time with one month’s notice.
10.PRICE AND PAYMENT
10.1 The price of subscribing to our services will be emailed to you once you have expressed an interest.
10.2 These prices exclude VAT.
10.3 Prices are liable to change at any time.
10.4 Payment for our services must be paid within 30 days of receipt of our invoice and invoices will be sent monthly for the duration of the subscription.
11. OUR REFUNDS POLICY
Licences are offered on a 6 month or 12 month basis but may be cancelled by either party at any time on one month’s notice.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. NOTICES
All notices given by you to us must be given to WHG at natasha@houseofwellbeing.co.uk or sophie@houseofwellbeing.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when using our website, or in any of the ways specified in clause 16. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and WHG is binding on you and WHG and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1 strikes, lock-outs or other industrial action.
15.2.3 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
15.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
15.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.2.5 impossibility of the use of public or private telecommunications networks.
15.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16. WAIVER
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 17.
17. SEVERABILITY
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms and Conditions.
19. LAW AND JURISDICTION
Contracts for the purchase of Products through our Website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.