Terms and Conditions
Terms and Conditions
1 The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that yofur order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
2 Price
2.1 The prices payable for goods that you order are as set out in our website.
2.2 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
3 Right for you to cancel your contract
3.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
3.2 You cannot cancel your contract if the goods you have ordered are newspapers or magazines or if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you.
3.3 To cancel your contract you must notify us in writing.
3.4 If you have received the goods before you cancel your contract then unless, under clause 3.2, you do not have a right to cancel you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
3.5 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
4 Cancellation by us
4.1 We reserve the right to cancel the contract between us if:
4.1.1 we have insufficient stock to deliver the goods you have ordered;
4.1.2 we do not deliver to your area; or
4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
4.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5 Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6 Liability
5 Delivery of goods to you
5.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
5.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
5.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6 Liability
6.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
6.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be, at your option:
6.2.1 to make good any shortage or non-delivery;
6.2.2 to replace or repair any goods that are damaged or defective; or
6.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2(c) above.
6.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7 Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Lumley Street, Mayfair, London W1K 6TT and all notices from us to you will be displayed on our website from to time.
8 Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
9 Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
10 Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
11 Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12 Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
13 Entire agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
Coaching/Counselling Terms & Conditions & Privacy Policy
Terms of Use & Privacy Policy
Use of this web site constitutes acceptance of our Terms of Use and Privacy Policy.
Advice
Whilst some of our members are professionally trained, the majority have no medical qualifications or psychotherapist qualifications.
Advice and information on this web site is not offered by medically qualified persons unless a clear statement is made to the contrary. Information and advice so provided is designed to support, not replace, the relationship that exists between patients or site visitors and their existing medical practitioner.
Terms of Use
Agreement
Access to and use of this Web Site and the information, materials and services available through this Web Site are subject to all applicable laws and regulations and to these Terms of Use.
By accessing this Web Site, you agree to these Terms of Use which form a legally binding agreement. If you do not agree, please exit this Web Site.
These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the Web Site, and you should always review these Terms of Use prior to using the Web Site to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Web Site. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use upon request.
ACCESS TO THIS WEB SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS OR SERVICES PROVIDED THROUGH THIS WEB SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
Ownership
Unless otherwise indicated, this Web Site and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Web Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of Limited or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. ALL RIGHTS RESERVED.
Permission is hereby granted to the extent necessary to lawfully access and use this Web Site and/or information, materials and/or services available on it to display, download, archive and print in hard copy, portions of this Web Site for personal use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded, archived or printed materials.
Hyperlink Disclaimer
This Web Site may contain links to web sites maintained by unrelated companies and persons. A link to another web site does not mean that Coaching / Counselling approves, endorses or accepts any responsibility for that web site, its content or use, or the use of products and services made available through such web site.
We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such web sites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such web sites.
Such web sites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other web sites which you may access through this Web Site, the content thereof, or the products and/or services made available through such web sites. If you decide to leave our Web Site and access these other web sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such web sites will apply to you while on such web sites.
Links From Other Web Sites
Linking to any page other than the initial start page of www.geniustrader.com is prohibited. Persons providing access to this Web Site via a link from another web site are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source web site and for any representations made or impressions created concerning Coaching /Counselling.
Authorisation by us to link to this Web Site is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to this Web Site at any time and for any reason.
Anyone providing access to, or information relating to this Web Site, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.
Data Protection Consent
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy.
Any communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary. Upon the transmission of any personal information to us, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose.
Posting or transmittal of any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.
We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, training, security and other business needs.
Notwithstanding the foregoing, all personal data provided to us as a result of this Web Site will be handled in accordance with our Privacy Policy.
No Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Web Site or any web site with which it is linked.
Inclusion in the Register of Coach /Counsellors on our website does not imply that we recommend or endorse any individual coach / counsellor, and omission from such Register does not imply any criticism of coach / counsellors so omitted. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Exclusion of Liability
To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, and coach/counsellors exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Web Site or any web site with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.
Indemnity
You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Web Site or any of the information, materials, products or services available through this Web Site.
Modification and Discontinuation
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Web Site (or any portion thereof) and/or the information, materials, products and/or services available through this Web Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Web Site.
Entire Understanding
These Terms of Use contain the entire understanding between you and us with respect to this Web Site and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Should any part of these terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms had been eliminated. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Law & Jurisdiction
These Terms of Use are made under English law and this Web Site is operated from England. Access to, or use of, this Web Site or information, materials and/or services on this Web Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Web Site. We make no representation that the information contained herein is appropriate or available for use in any location.
You agree that the courts of England & Wales shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of this Web Site, and that the laws of England & Wales shall govern such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.
Privacy Policy
This Privacy Policy describes the current policies and practices with regard to Personal Data collected by us manually or through www.counselling.ltd.uk (“Web Site”).
The term “Personal Data” refers to personally identifiable information about you, such as your name, birth date, E-mail address or mailing address.
Notification of Changes to this Policy
We are continually improving and adding new functionality and features to the Web Site and improving and adding to our existing services. Because of these ongoing changes, changes in the Law and the changing nature of technology, our data practices will change from time to time. If and when our data practices change, we will, as soon as practicable, post the changes on our Web Site to notify you of the changes. We encourage you to check this page frequently.
Collection of Personal Data Including E-mail Addresses
We will collect and store the information you give us. You may use this Web Site to register to receive additional information or services from us. When you register, we ask you for contact information like your name, postal address and E-mail address.
We sometimes supplement the information that you provide with information that is received from third parties. For instance, if inaccurate postal codes are received, we may use third party software to fix them.
Use of Personal Data
We process your Personal Data only for specific and limited purposes. We ask only for data that is adequate, relevant and not excessive for those purposes. The purposes for which process Personal Data are notified to the Office of the Information Commissioner. Some of these purposes include the following:
We may contact you occasionally to inform you of new services we will be providing, or events or articles we think will be of interest to you.
We may send you requested information and related material.
We will use your Personal Data to provide counselling services.
We may use your Personal Data internally to help us improve our services and to help resolve any problems.
Opt-out Choice
If you do not wish to receive information from us and want to be removed from our standard mailing list, please contact us, details below.
Anonymous Data Collected Through this Web Site
In addition to the information we collect as described above, we use technology to collect anonymous information about the use of our Web Site. For example, we use technology to track which pages of our Web Site our visitors view. We also use technology to determine which Web browsers our visitors use. This technology does not identify you personally, it simply enables us to compile statistics about our visitors and their use of our Web Site.
Our Web Site contains hyperlinks to other pages on our Web Site. We use technology to track how often these links are used, which pages on our Web Site our visitors choose to view and for how long. Again this technology does not identify you personally, it simply enables us to compile statistics about the use of these hyperlinks.
We use this anonymous data to improve the content and functionality of this Web Site and our E-mail updates, to better understand our clients and markets, and to improve our services.
Cookies
Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information which is sent to your browser and stored on your computer’s hard drive. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not. Use of our members area requires the use of cookies, they keep the user logged whilst moving from page to page.
We use your IP address to help diagnose problems with our server and to administer our Web Site. An IP address is a numeric code that identifies your computer on a network, or in this case, the Internet. Your IP address is also used to gather broad demographic information, such as determining how many of our visitors are from outside of the UK.
We may perform IP lookups to determine which domain you are coming from to more accurately gauge our users’ demographics.
Disclosure of your Personal Data
We do not share, sell or distribute your Personal Data with unrelated third parties, except under these limited circumstances:
Personal Data may occasionally be transferred to third parties who act for us for further processing in accordance with the purposes for which the data was originally collected or for purposes to which you have subsequently consented.
We may share or transfer the information in our databases to comply with a legal requirement, for the administration of justice, to protect your vital interests, to protect the security or integrity of our databases or this Web Site, to take precautions against legal liability, or in the event of a corporate sale, merger, reorganisation, dissolution or similar event.
We may share or transfer the information in our databases with our counsellors and volunteers.
Where appropriate, before disclosing Personal Data to a third party, we contractually require the third party to take adequate precautions to protect that data and maintain confidentiality.
Data Integrity and Security
We strive to maintain the reliability, accuracy, completeness and currency of Personal Data in our databases and to protect the privacy and security of our databases. We keep your Personal Data only for as long as reasonably necessary for the purposes for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
Our employees and coaches/counsellors who have access to Personal Data have been trained to handle such data properly and in accordance with our security protocols and strict standards of confidentiality. Although we cannot guarantee against any loss, misuse, unauthorised disclosure, alteration or destruction of data, we try to prevent such unfortunate occurrences.
Data Access and Corrections
Upon receipt of your written request and enough information to permit us to identify your Personal Data, we will disclose to you the Personal Data we hold about you. We will also correct, amend or delete any Personal Data that is inaccurate and notify any third party recipients of the necessary changes.
If you wish to access or correct your Personal Data, please write to the Data Protection Officer, details below.
We do not charge for complying with a correction request, however, for all other requests, we may charge a small fee to cover its costs. Requests to delete Personal Data are subject to any applicable legal and ethical reporting or document retention obligations imposed on us.
Link to Other Web Sites
This Web Site contains hyperlinks to web sites that are not operated by us. These hyperlinks are provided for your reference and convenience only and do not imply any endorsement of the activities of these third-party web sites or any association with their operators. We do not control these web sites and are not responsible for their data or privacy practices. We urge you to review any privacy policy posted on any site you visit before using the site or providing any Personal Data about yourself.
Transfer of Data Abroad
The Internet is made up of a large number of international connections. The server computer upon which the Web Site is hosted is strategically located in the United Kingdom, however, communications may result in the transfer of information across international boundaries. By visiting this Web Site and communicating electronically with us, you consent to these data transfers.
Data Capture
The Web Site is regularly crawled and data mined by other computers from, for example, search engines. Whilst we will comply with your requests to update your Personal Data on our own website, we have no control over other websites or their own data update cycles. You understand that we can only update the Personal Data on our own Web Site and consent to anonymous data mining and crawling of the Personal Data which you choose to make public.
Responsibility
You accept full responsibility for disclosing your own Personal Data.
Governing Law
This Privacy Policy forms part of our Web Site Terms of Use and as such shall be governed by and construed in accordance with the laws of England. You agree to submit any dispute arising out of your use of this Web Site to the exclusive jurisdiction of the courts of England.