1      Background

(a)    This website (the Site) is operated by Hope Therapy and Counselling Services Ltd, Registered Company Number 12110579, of Terriers House, Amersham Road, High Wycombe, Buckinghamshire, England, HP13 5AJ (referred to as Hope Therapy, we, our or us).

(b) By accessing and/or using the Site or contacting us to book Counselling Services, you:

(1)    agree that you have reviewed these Terms and Conditions (Terms) and our Privacy Policy (available on the Site);

(2) confirm to us that you are over 18 years of age and you have the legal capacity to enter into a legally binding agreement with us; and

(3)    agree to use the Site and Counselling Services facilitated by us in accordance with the Terms.

(c)    All references to “Counsellors” in these Terms means any counsellor, coach, therapist or other service provider that we may introduce you to.

2      Your details

(a)    You must ensure that any personal information you give to us is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

(b) It is your responsibility to keep your account details confidential. You are liable for all activity on your account, including any purchases made using your account details.

3      Orders

(a)    You may order from us:

(1)    digital downloads of products from our Site (Purchases); and/or

(2) counselling services provided by independent Counsellors facilitated through us (Counselling Services).

(b)    We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.

(c) Each Purchase order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.

(d)     It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.

4      Price and payments

Purchases

You must pay us the purchase price of each product you order via credit card or any other payment methods set out on the Site.

Counselling Services

You must make payment for Counselling Services sessions to us at least 48 hours prior to the session. This will give time for the payment to clear, for us to identify the payment and let your Counsellor know that it has been received. Delays in payment could result in the session not being able to proceed. Payment can be made via our secure online payment portal.

General

(a)    All amounts are stated in Pounds Sterling and are inclusive of VAT and duty (where applicable). We reserve the right to amend or withdraw any special offers at any time without notice.

(b) You must not pay, or attempt to pay, any fees by fraudulent or unlawful means. We reserve the right to contact your card issuer for the purposes of carrying out security checks.

(c)    To the extent permitted by law, all fees are non-refundable and non-cancellable once paid.

(d) We may modify our fees from time to time. Any price changes will apply to you no earlier than 30 days following notice to you. The notice may be provided at any time via email, text message or via notification to your account (and you may change your notification preferences in your account page).

5      Purchases

(a)    Your purchase of one of our digital products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that product for the purpose of your own personal use and reference (the Purpose). You agree that under no circumstances shall you use, or permit to be used, any product other than for the Purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.

(b) The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall, at all times remain our (or our licensor’s) sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.

(c)    Once a product has been downloaded by you, no right of cancellation or refund exists due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back.

(d) Nothing in these Terms shall affect your statutory rights in relation to faulty products.

(e)     Any refunds will be made using the same payment method originally used to make payment.

6      Working with Counsellors

(a)         You acknowledge that Hope Therapy acts only as an administration and referral service, and we are not responsible in any way for the content or conduct of any Counselling Services.  The Counsellor remains responsible for the content and conduct of each session and is legally responsible for providing the Counselling Services to you.

(b) Full clinical responsibility for all Counselling Services will remain with the Counsellor and not Hope Therapy, and you waive all liability for Hope Therapy in relation to any issues arising with the Counselling Services other than the payment and administration of the sessions. In order to ensure complete confidentiality and independence, the Counsellors operate on a self-employed basis and are deliberately not employed by us. In order to ensure full independence, Hope Therapy’s role will be restricted to acting purely as an administration and referral service.

(c)         We take all reasonable steps to ensure that Counsellors we refer to you are fully qualified, vetted using the Disclosure and Barring Service (DBS), and are members of a professional body and, as such, has undertaken to act in accordance with the ethical standards set out by their governing body.

(d) We make no guarantee that a particular Counsellor will be available for sessions at any particular time or location and reserve the right to remove Counsellors from our services at any time at our sole discretion.

(e)          You acknowledge and agree that, without the prior written consent of Hope Therapy, you shall not at any time directly communicate with any Counsellor introduced to you by us in relation to the payment of Counselling Services other than through us.

(f) If a Counsellor contacts you directly in order to arrange payment for Counselling Services other than through us, you shall immediately refer such correspondence to us and refrain from communicating further with the Counsellor.

(g)         If you act in breach of this Section 6, you acknowledge that Hope Therapy may suffer financial and other losses, and you hereby indemnify us in relation to any such losses and other financial penalties that we may impose at our sole discretion without limitation.

(h)          This section 6 shall survive termination or expiry of these Terms. 

7      Intellectual property

(a)    All intellectual property (including copyright) developed, adapted, modified or created by our personnel or us (including in connection with the Terms and the Site) will at all times vest, or remain vested, in us.

(b) We grant you a non-exclusive, non-transferable (except with our written permission) non-sublicensable, personal and revocable licence to access and use the Site for the Purpose.

(c)    You must not, without our prior written consent:

(1)    copy or use, in whole or in part, any of our intellectual property;

(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or

(3)    breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

8      Exclusions

(a)    You must not access or use the Site or any Counselling Services except as permitted by these Terms, and you must not do, omit to do, or authorise any act that would or might invalidate or be inconsistent with our intellectual property rights on the Site. Without limiting the foregoing provisions, you must not and must not permit any other person to:

(1)    resell, assign, transfer, distribute or provide others with access to the Site;

(2) use the Site to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted;

(3)    use the Site in any way that damages, interferes with or interrupts the supply of the Site;

(4) introduce malicious programs into our hardware and software or our hardware, software and services which are integrated and operate together, including our networks, including viruses, worms, trojan horses and e-mail bombs;

(5)    reveal your account password to others or allow others to use your account;

(6) use the Site to carry out security breaches or disruptions of a network. Security breaches include accessing data where you are not the intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes);

(7)    use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the Site or any training resources from the Site;

(8) send any unsolicited messages through or to users of the Site or to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages or use the Site in breach of any person’s privacy (such as by way of identity theft or “phishing”);

(9)    use the Site to circumvent user authentication or security of any of your networks, accounts or hosts or those of your customers or suppliers.

9      Limitations

(a)    All information on our Site is provided as is, with no warranty as to its accuracy or fitness for any particular purpose, and with no assurances that the site or the server that hosts it are free from viruses or other forms of harmful computer code.  You are responsible for ensuring that your use of the Site, the Purchases and the Counselling Services are suitable for your purposes.

(b) We do not represent or warrant that your use of any Counselling Services will meet any particular standards or expectations, that any Counsellor will be able to provide any particular outcome, or that your participation in the Counselling Services will result in any medical change.  Your participation in any Counselling Services session is at your sole risk, and you should take steps to ensure that you are comfortable with any given Counsellor before beginning a session. 

(c)    Despite anything to the contrary, to the maximum extent permitted by law:

(1)    our maximum aggregate liability arising from or in connection with the Terms (including the products, the Counselling Services, and/or the subject matter of the Terms) will be limited to the fees paid to us by you in respect of the applicable product or service; and

(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(d)     Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability arising from or in connection with any: 

(1)    loss of, or damage to, the products, or any injury or loss to any person;

(2) failure or delay in providing the products; or

(3)    breach of the Terms or any law,

where caused or contributed to by any:

(4)    event or circumstance beyond our reasonable control; or

(5) act or omission of you or your related parties,

and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Purchases and the Counselling Services. 

(e)    Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights under applicable law. Any and all other warranties or conditions not set out in these Terms or provided by applicable law are expressly excluded where permitted.  

(f) Links to other sites are provided in good faith.  We are not responsible for the materials contained in any linked sites.

10      General

(a)    Termination: We reserve the right to terminate these Terms and cease provision of any Counselling Services or provision of Purchases to you for any reason at our sole discretion, including for breach of these terms or mistreatment of any of our staff or Counsellors.

(b) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(c)    Notices: Any notice given under these Terms must be in writing addressed to us at the address at the beginning of these Terms or by email to contact@hopefulminds.co.uk. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post or at the time of transmission in the case of transmission by email.

(d) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.

(e)     Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.

(f) Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.

(g)    Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(h) Amendment: We endeavour to keep the content of this Site up-to-date but don’t guarantee that it is.  The content on this Site (including these Terms) may be removed, changed or updated without notice.

(i)    Governing law: These Terms are governed by the laws of England. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of the United Kingdom. If you access the Site from outside the United Kingdom, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.