V N Platform Consultancy Ltd
PART 1 OF THE SCHEDULE
These are the Terms and Conditions referred to in the Working Together Coaching & Therapy Agreement between us
WHEN YOU BUY FROM US YOU ARE AGREEING THAT:
Clause 2.1 - We only accept and provide the Bespoke Solution when we have checked them.
Clause 3 - We can change the Services.
Clause 4 – You are responsible for making sure that you provide us with all the required information, which should be accurate and up to date.
Clause 5 – We are not responsible for delays outside our control.
Clause 7 – The number of sessions is an estimate and may have to change.
Clause 13 - We cannot and do not guarantee results since your own personal success depends on many factors that we have no control over.
Clause 15 – Read clause 15 as it contains important medical information you need to know.
Clause 18 – Our liability is limited in certain circumstances.
1. Definitions and Interpretation
The following definitions and rules of interpretation apply in the Conditions and the Working Together Coaching & Therapy Agreement.
1.1 Definitions:
Definitions in the Conditions also refer to the Definitions in the Agreement.
Agreement
The Working Together Coaching & Therapy Agreement attached to these Conditions.
Bespoke Solution
The Bespoke Solution (the Services, Number of Sessions and Fees) set out in the attached Agreement.
Conditions
These Terms and Conditions as amended from time to time (these Conditions are Part 1 of the Schedule to the Agreement and form part of the Agreement and shall have effect as if set out in full in the body of the Agreement).
Contract
The Contract between you and us comprising the Agreement, these Conditions and the Privacy Statement.
Client: the person named on the Agreement attached as the Client (also referred to as you and your throughout these Conditions).
Fees
The Fees payable by the Client for the supply of the Services
Intellectual Property Rights
Any and all intellectual property rights (such as trade marks and patents), in each case whether registered or unregistered.
Privacy Statement
The Privacy Statement set out in Part 2 of the Schedule to the Agreement (which forms part of the Agreement and shall have effect as if set out in full in the body of the Agreement).
Services
The coaching and/or therapeutic Services supplied by the Supplier to the Client as set out in the Agreement.
Supplier
V N Platform Consultancy Ltd registered in Scotland with company number SC560815 (also referred to as we, our and us in these Conditions).
1.2 Any words following the terms including, include, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.3 A reference to writing includes email
2. When the Contract is formed
2.1 We will contact you to confirm we have received the Agreement signed by you and we will contact you to confirm we have accepted the Bespoke Solution that we will provide and have also signed the Agreement, at which point, the Contract shall come into existence.
2.2 Sometimes we reject the Bespoke Solution, for example, because we cannot verify your age, because the Service was mispriced by us or you suffer from epilepsy or any form of psychosis (see clause 15). When this happens, we let you know as soon as possible and refund any sums you have paid.
3. Changes to the Services and these Conditions
3.1.1 We can always change the Services:
to reflect changes in relevant laws and regulatory requirements (for example, to address any changes in legislation which requires us to amend how we provide our Services); and
3.1.2 to make minor technical adjustments and improvements, for example to address a security threat. These are changes that do not affect your use of the Services.
4. Your Responsibilities
4.1 You shall:
4.1.1 co-operate with us in all matters relating to our Services;
4.1.2 provide us with such information and materials as we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate;
4.1.3 participate and complete the number of sessions agreed with us;
4.1.4 be punctual when attending the sessions;
4.1.5 keep us updated about any changes to your health and/or the medical history information you have provided to us.
5. We are not responsible for delays outside our control
5.1 If our supply of the Bespoke Solution is delayed by an event outside our control, for instance, in the event that your coach & therapist is ill, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we will not compensate you for the delay, but if the delay is likely to be substantial you can contact us by email at Tania@beheardbebravebefree.com to end the Contract and receive a refund for any Services you have paid for in advance, but not received.
6. Intellectual property rights
6.1 All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Client) shall be owned by us (V N Platform Consultancy Ltd) or our licensors.
7. What is the Bespoke Solution based on?
7.1 The Bespoke Solution is based on the information provided by you during our exploration session. The number of sessions required to deal with your presenting issue has been given on the basis of the information presented at that time. As we progress through our sessions it may become apparent that further sessions are needed (this may because the issue being presented requires further attention, there changes to your circumstances or further information comes to light). In the event this occurs we will agree with you the number of any further sessions and the Fees.
8. Booking & Payments
8.1 All Fees will be disclosed to you prior to booking. Our Fees are subject to review and may increase from time to time. You will always receive confirmation of the Fees before booking.
8.2 Full payment for sessions must be paid in advance unless a payment plan has been agreed.
8.3 Payment must be made in full 72 hours prior to the affinity session. If payment is not made 72 hours prior to the affinity session, your session will be cancelled and may be offered to someone else.
8.4 Payment may be made online via bank transfer to V N Platform Consultancy Ltd business bank account or credit/debit card (via WorldPay which also includes Apple pay & Google pay). Cash and cheques will not be accepted without prior agreement.
9. We charge interest on late payments
9.1 If we are unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 2% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
10. We pass on increases in VAT
10.1 If the rate of VAT changes between the date the Bespoke Solution is signed and the date we supply the Service, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
11. Cooling Off Period
11.1 You have a legal right to change your mind
This is known as the cooling off period where you have 14 days after the date, we accept the Bespoke Solution to change your mind about a purchase.
11.2 When you cannot change your mind
You cannot change your mind about a Bespoke Solution once they have been completed.
11.3 The deadline for changing your mind
If you change your mind about our Services, you must let us know no later than 14 days after the day we confirm we have accepted the Bespoke Solution by signing the Agreement.
11.4 How to let us know
To let us know you want to change your mind, contact us by email at Tania@beheardbebravebefree.com
11.5 You have to pay for Services you received before you change your mind
We do not refund you for any sessions you attended before you told us you had changed your mind.
11.6 When and how we refund you
We will refund you as soon as possible and within 14 days of you telling us you have changed your mind. We refund you by the method you used for payment. We do not charge a fee for the refund.
12. Sessions
12.1 If a therapy session takes place in person and not virtually over Zoom, then in order to help facilitate the deepening process, physical contact might be required, for example, we might need to lift your arm, touch your shoulder, or rock your head, during the Rapid Transformational Therapy® session(s).
12.2 Please ensure that you are available at your session start time. If you are running late, please let us know as soon as possible. We will do our best to make a full session available, however, as the ability to do this will depend on bookings after your session, this cannot be guaranteed.
12.3 In the event you cancel or re-schedule a session, please provide as much notice as possible. Notification must be made via email or phone call at least 48 hours prior to a session, or you will not be entitled to a refund.
12.4 We may charge you additional sums if you do not give us information we have asked for. For example, we might need to reschedule Services (for instance, if we have hired a room).
12.5 If you choose to discontinue your coaching and or therapy program before attending all the sessions, a pro rata refund will be issued after deduction of the full standard session fee for any sessions you have attended.
12.6 Recordings of the sessions should not be listened to whilst driving, operating machinery, or undertaking any other activity where concentration is required. Any recording provided to you are for your personal use only and must not be shared, lent, copied, or sold under any circumstances.
12.7 Participants must be over the age of 18 years for online sessions. We may arrange or reserve the right to arrange in person sessions. If we consider an in person session for an under 18-year-old, it would be in the KY1 area, and the under 18 year old must be accompanied by a parent or guardian.
13. Results
13.1 Our agreement to work on the issues presented by you in no way implies or guarantees the resolution of your presenting issue(s). Although Rapid Transformational Therapy® has an incredibly high success rate, we cannot and do not guarantee results since your own personal success depends on many factors that we have no control over, including your willingness and desire to effect the changes inside yourself.
13.2 To have the best chance of your desired result, you must attend all the sessions agreed with us.
14. Contact Between Sessions
14.1 Any contact between sessions will be by email or WhatsApp during office hours only (Tuesday, Wednesday, Thursday between 10am – 7pm UK time zone, please see our FAQ on our website for your time zones conversion). Any messages received outside of the hours will be dealt with during office hours only, unless otherwise agreed with us.
15. Medical or Psychological Conditions
15.1 You may be asked questions about your medical history to establish whether there are any medical or other conditions which may mean that we cannot provide the Service. This will also help to assess whether your health is affecting (or being affected by) the therapeutic goals you wish to achieve. You must update us of any medical changes during your course of therapy.
15.2 If you are receiving care or treatment from any medical, healthcare or therapy practitioner, e.g. GP, Psychologist, Psychiatrist or Counsellor, you may be asked to provide us with their permission before any coaching / therapy sessions can commence.
15.3 Please note that we will be unable to offer our Services if you suffer from epilepsy or any form of psychosis (e.g., Personality disorder, Dissociative disorders, Schizophrenia, Clinical depression, Bipolar) or complex PTSD (“post-traumatic stress disorder”).
15.4 We are not a licensed physicians, psychologists, or medical practitioners of any kind and that hypnotherapy should not be considered a replacement for the advice and/or services of a psychiatrist, psychologist, psychotherapist, or doctor.
16. Standards of Behaviour
16.1 During the course of any coaching and therapy sessions we will treat you with respect and not abuse the trust you place in us. In return, you undertake not to harm yourself, or any other person, including us, or any property belonging to either us or any other person.
16.2 You agree not to attend sessions under the influence of alcohol or recreational drugs. If you do attend any sessions under the influence of alcohol or recreational drugs, or demonstrate violent or abusive behaviour, we will cancel the session without refunding you. We may also refuse to see you for any further sessions.
16.3 We may accept those medications which have been prescribed by your doctor.
17. Confidentiality
17.1 All contact, including sessions, telephone conversations and emails, will be conducted in confidence and may be recorded. Prior to any recording, your agreement will be sought in writing. All recordings, conversations and notes, will remain confidential, except in the following circumstances:
a) Where you give permission for confidentiality to be broken
b) Where we are compelled by a court of law
c) Where the information is of a nature that confidentiality cannot be maintained, for example,
i. The possibility of harm to yourself or others exists
ii. In cases of fraud or crime
d) Where a referring GP or other healthcare professional requires a report. A copy of the report will be available on request.
18. Limitation of Liability
18.1 Except in respect of death or personal injury caused by negligence or fraud or fraudulent misrepresentation for which no limit applies, the entire liability of us to you in respect of any competent claim whatsoever or breach of the conditions, whether or not arising out of negligence, shall be limited to the Fees paid by you plus 10% to which the claim relates.
18.2 We do not compensate you for all losses caused by us.
18.3 We are responsible for losses you suffer caused by us breaking this contract unless the loss is:
a) Unexpected
It was not obvious that it would happen and nothing you said to us before we accepted the Bespoke Solution meant we should have expected it (so, in the law, the loss was unforeseeable).
b) Caused by a delaying event outside our control
As long as we have taken the steps set out in the section, we are not responsible for delays outside our control.
c) Avoidable
Something you could have avoided by taking reasonable action.
d) Business loss
Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in the Conditions.
18.4 For the avoidance of doubt, we will not be liable in the event that you act in breach of your responsibilities as set out in clause 4 of the Conditions and paragraph 3 of the Agreement.
19. Data Protection
19.1 For our Services, your personal data is collected, processed, used and stored.
19.2 By signing the Agreement, you signify your acceptance of the Privacy Statement (attached as Part 2 of the Schedule. If you do not agree to this statement, please do not sign the Agreement and do not book an appointment. The terms of the Privacy Statement may change from time to time without prior notice to you, so please check our website periodically for any changes.
19.3 We will keep your details and session notes for the time required by our insurer (currently 5 years).
19.4 After this time we will destroy any document with your personal information and delete your phone number out of our mobile phone.
19.5 You have the right to access, correction, erasure and restriction of your personal data.
20. Third party rights
20.1 Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contract (Third Party Rights) (Scotland) Act 2017 for any third party to enforce or otherwise invoke any term of the Contract.
21. Resolving Concerns, Complaints or Disputes
21.1 If you have a concern or complaint regarding your coaching and/or therapy, please discuss this with us in the first instance and we will endeavour to resolve the issue.
21.2 The Conditions are governed by Scottish law and wherever you live you can bring claims against us in the Scottish courts. If you live in England, Wales or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.