- General Disclaimer
The content of this Site is provided for general information purposes only and is not intended to be a substitute for face to face professional advice. Persons seeking such advice should consult with a mental health professional. The content in this site should only be used for reference and not relied upon for diagnosis or treatment of a mental or medical condition. You should not delay seeking professional advice as a result of the content of this site.
Parties
1. This Agreement is made between Counselling2u.com Ltd whose registered office is at 11 Bridgeturn Avenue, Wolverton, Milton Keynes MK12 5QL ("the Supplier") and you relating to the provision of the Services by the Supplier. All services provided are subject to this agreement. To use the Site, you as the User must agree to all the terms and conditions set forth. Please read this Agreement carefully before accessing the Services. By using the Services you agree to be bound by all the terms and conditions set out herein.
Services
2. The Supplier provides access by way of internet and telephone to a selection of services offered by self-employed therapists ("the Services"). The Supplier also supplies a range of products to compliment these services.
Charges
3.1 The charges for the
Services are as follows:
Service Client Fee
24 hour Email response £25.00
Telephone Therapy £30.00
Payment Method
4. Payment for the Services is by way of credit card, managed by our on-line payment agents and subject to their terms and conditions.
Cancellation Rights
5.1 This contract may be
cancelled by sending an E-mail to cancel@counselling2U.com
5.2 No refunds will be made for any booked Services unless at least 24 hours
notice by email is given to the Supplier within the cancellation period. Please
provide the Transaction ID, username and password.
5.3 Unless we have agreed with you to the contrary you do not have the right
to cancel this contract if we have provided the services to you and performed
our contract with you.
Minimum Period and Termination Provisions
6.1 The minimum period of
the contract is 1 day unless terminated earlier in accordance with clause 6.2.
6.2 You have the right to cancel this Agreement as set out in clause 5.1 Variations
to this Agreement
6.3 The Supplier may modify this Agreement at any time, and
such modifications shall be effective immediately upon posting the revised Agreement
upon the Supplier's website. You agree to review the Agreement periodically
to make yourself aware of such modifications and your continued use of the Services
constitutes your acceptance of the Agreement as it appears at the time of your
use.
Availability of Services
7.1 You are invited to make
an offer to purchase Services on the terms of this Agreement. However, all such
services are subject to availability. The contract to provide the Services is
not formed until your offer has been accepted by the Supplier. You will be informed
if the Supplier is unable to provide the Services.
7.2 No refunds will be made for any missed appointment unless you cancelled
such appointment in accordance with this Agreement giving at least 24 hours
notice to the Supplier by email. Therapists will only be available for the full
period of the session commencing at the agreed time.
The Supplier's Website
8.1 This website contains
proprietary notices and copyright information, which you agree to observe and
follow.
8.2 The Supplier does not and cannot review all communications and/or materials
posted on its website, and, as such, are not responsible in any manner for the
content of posted communications or materials.
8.3 You may download or print a copy of any information provided by the Supplier
for your private and personal use only.
8.4 Information may be changed or updated without notice.
8.5 All information made available from within this website is provided "as
is" for information purposes only. The Supplier does not, to the fullest
extent permitted by law, make any express or implied warranties, representations,
or endorsements, including without limitation any warranties of title or non-infringement
of third parties' rights, or implied warranties of merchantability or fitness
for a particular purpose, with regard to any information or merchandise provided
by or through the Supplier, except as otherwise specified by the Supplier. The
Supplier does not warrant the accuracy, timeliness or usefulness of any information
or merchandise provided by or through the Supplier.
8.6 The Supplier gives no warranty that the website will always be accessible
and accepts no liability for any loss which may result when the website is not
available, but if an appointment is missed due to the Supplier's website being
unavailable, an alternative appointment will be offered by the Supplier.
8.7 The Site contains links and advertisements to other third party web sites.
The Supplier does not make any representation warranty, or endorsement of any
product or the content or accuracy of any materials contained in, or linked
to, any third party web sites.
Viruses and Other Potentially Destructive Programmes
9.1 You assume full responsibility for the protection of your computer system You accept the responsibility of ensuring that programmes or other data downloaded or otherwise received from the Supplier are free from viruses or other items of a destructive nature. The Supplier accepts no liability for any damage caused to your or other computer systems as a result of downloading or receiving material from the Supplier or accessing the Supplier's website.
Data protection and security
10.1 You accept the risk that data transmitted electronically to the Supplier via this website or otherwise may be intercepted before reaching the Supplier, or accessed from the Supplier's data storage means by third parties unauthorised by the Supplier, and may be exploited unlawfully by such unauthorised third parties. The Supplier does not assume responsibility for guarding against the acts of such unauthorised third parties.
10.2 The Supplier will only use the information that you provide about yourself for the purpose of delivering the Services unless you agree otherwise.
Your Warranties
11.1 You agree and warrant
that the information you provided to register for the Services is true and correct,
and that if any information in your registration changes, you will notify the
Supplier immediately.
11.2 You agree to
fully defend and indemnify the Supplier against any loss, damages, costs and
claims arising from your viewing or use of the Services. You are solely responsible
for communications and/or materials you post on the Supplier's website.
11.3 You agree and warrant that you have read and understood the information
contained in the page entitled "User Declaration" and that you are
a suitable person to use the Services.
Exclusions and Limitations of Liability
12.1 Without prejudice to
the provisions of clauses 9, 10 or 11 or any other specific limitation or exclusion
of liability set out in this Agreement, the following provisions set out the
Supplier's entire liability (including any liability of the acts and omissions
of its officers, employees, agent or sub-contractors) to you in respect of:
12.1.1 Any breach of its contractual obligations arising under this Agreement;
and
12.1.2 any breach of any of the warranties expressly given by the Supplier in
this Agreement; and
12.1.3 any representation statement or tortious act or omission including negligence
arising under or in connection with this Agreement.
12.2 Any act or omission on the part of the Supplier or its officers, employees
agents or sub-contractors falling within clause 14.1 or any breach by the Supplier
of any of the warranties it expressly gives in this Agreement shall for the
purposes of this clause 14 be known as an "Event of Default".
12.3 The Supplier's liability to you for death or injury resulting from their
own or that of their officers', employees', agents' or sub-contractors' negligence
shall not be limited.
12.4 Subject to the provisions of clause 14.3 the Supplier's entire liability
in respect of any Event of Default shall be limited to damages not exceeding:
(a) an amount equal to the aggregate fees paid by you to the Supplier in the
preceding twelve month period in the case of a single Event of Default; (b)
an amount equal to twice the aggregate fees paid by you to the Supplier in the
preceding twelve month period in the case of all Events of Default or series
of connected Events of Default occurring in any twelve month period. 12.5 Subject
to clause 14.3 the Supplier shall not be liable to you in respect of any Event
of Default for loss of profits, goodwill, data or any type of special, indirect
or consequential loss even if such loss was reasonably foreseeable or the Supplier
had been advised of the possibility of you incurring the same.
12.6 If a number of Events of Default give rise substantially to the same loss
then they shall be regarded as giving rise to only one claim under this Agreement.
12.7 Except in the case of an Event of Default arising under clause 14.3, the
Supplier shall have no liability to you in respect of any Event of Default unless
you shall have served notice of the same upon the Supplier within six months
of the date you became aware of the circumstances giving rise to the Event of
Default or the date when it ought reasonably to have become so aware.
12.8 The Supplier shall not be responsible for complying with statutory regulations,
or local by-laws, or the fulfilment of any special regulations affecting you.
12.9 The Supplier shall not be liable to you or be in breach of this Agreement
by reason of any delay or failure to provide the Services if the delay or failure
was caused by reasons outside the Supplier's reasonable control (including,
without limit, any strike, industrial dispute, act of god or war).
12.10 The obligations set out in this clause 14 as to limitation of liability
shall remain in full force and effect notwithstanding the expiration or any
termination of this Agreement for any reason whatsoever.
General
13.1 The terms of this
Agreement are subject to English law and the exclusive jurisdiction of the Courts
of England and Wales.
13.2 The provisions of the Contracts (Rights of Third Parties) Act 1999 are
excluded to the fullest extent permitted by law.
13.3 These terms of this Agreement together with your confirmation that you
have read the page entitled "User Declaration" constitute the entire
agreement between the parties; supersede any previous agreement or understanding
between the parties. All other terms, express or implied by statute or otherwise
are expressly excluded to the fullest extent permitted by law.
13.4 If any of the terms of this Agreement is held by any court or other competent
authority to be invalid or unenforceable in whole or in part, the validity of
the other terms of this Agreement and the remainder of the provision in question
shall not be affected.
13.5 No failure by the Supplier to implement or enforce any of the terms of
this Agreement shall operate as a waiver of such rights or prejudice its rights
under this Agreement in any other way. Your acceptance of this Agreement denotes
a declaration by you that you understand the restrictions on our Service