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GENERAL TERMS AND CONDITIONS OF ENGAGEMENT

FAITH ASHENDEN LIMITED

INTRODUCTION

1.1 Below are the terms and conditions, on which, we, Faith Ashenden, provide passive courses and alternative health services and neurolinguistic programming through, amongst other things, one-to-one, online coaching (“the Services”).

1.2 The precise nature of the Services we provide to you will depend on what we agree and the outcome of our initial assessment of your needs and requirements (“the Preliminary Assessment”).

1.3 The clause headings do not form part of these terms and conditions and shall not be taken into account in their construction or interpretation.

1.4 Words importing one gender shall include all genders, words importing the singular shall include the plural and vice versa.

1.5 Any reference to a statutory provision shall be deemed to include a reference to any statutory modification or re-enactment of it.

1.6 These terms and conditions shall apply to all contracts for the provision of the Services by us to you, to the exclusion of all other terms and conditions and any representations or warranties, whether written, oral, or implied made by us or on our behalf.

1.7 No variation or addition to these terms and conditions shall be effective unless agreed in writing by us.

PRELIMINARY ASSESSMENT

2.1 During the Preliminary Assessment, we will discuss with you and determine your needs and begin to develop a programme of recommended action to address those.

2.2 We may determine, as a result of the Preliminary Assessment, that we cannot provide any Services (for example, because we deem the treatment we offer to be unsuitable).

COMMENCEMENT OF SERVICES

3.1 We will normally provide you with the Services only after the Preliminary Assessment has been carried out.

3.2 We reserve the right to ask you to hold a supplemental Preliminary Assessment with us, in the event of any delay to the start of your treatment.

OUTCOMES

4.1 Although we will provide the Services with reasonable care and skill, we are unable to guarantee any particular result or outcome.

4.2 The Services are not in the nature of a medical treatment program and, as such, you must:
  • 4.2.1 communicate with your existing medical practitioner (“GP”) before and whilst receiving the Services and continue any existing treatments you have been prescribed by that person;
  • 4.2.2 promptly inform us and your GP if your condition is exacerbated or worsened by any information provided by us;
  • 4.2.3 seek emergency care, as appropriate and terminate the Services as necessary;
  • 4.2.4 promptly inform us if you have any pre-existing conditions or illnesses that may prevent or hinder the treatments we propose;
  • 4.2.5 promptly disclose to us any of my symptoms that could be harmful to you or others.

4.3 We will regularly reassess your treatment plan to make sure it is appropriate to you.

4.4 The Services will form part of an experiential program and any information provided to you by us:
  • 4.4.1 is for your reference only;
  • 4.4.2 represents the opinions formed by us and our staff;
  • 4.4.3 is based on our experiences, the experiences of others and research of sources.

APPOINTMENTS

5.1 Provided we have not agreed with you a predetermined number of sessions or appointments, these will take place on a session-by-session basis.

5.2 We will agree the date and time of the first session and any subsequent sessions by telephone or by e-mail.

5.3 In order for us to discharge the Services effectively, we will give you reasonable instructions, which we ask you to carefully follow.

5.4.1 If you need to schedule or reschedule an appointment, we will require a minimum of 24 hours’ notice.

5.4.2 If you do not give sufficient notice, before rescheduling, pursuant to clause 5.4.1, we reserve the right to charge you a late rescheduling fee.

5.4.3 We do not offer refunds for cancellations under any circumstances for any of our services.

5.5 We shall not be obliged to honour an appointment if you have not paid, in full, prior to the appointment itself, the amount necessary for the Services we have agreed to provide.

ASSIGNMENTS

6.1 We may set you assignments to be completed between sessions.

6.2 Any assignments we set will not be compulsory but, if you do not complete them, your progress in achieving your desired outcomes may be delayed.

TERMINATING A SESSION

7.1 We reserve the right to stop a session or terminate the Services, at any time and not continue, if we consider that you are not following our reasonable instructions.

7.2 In the event of the Services being terminated, in accordance with clause 7.1, you will remain liable to pay our standard charge for a full session.

SUBSCRIPTIONS AND PRICING

8.1 Subscription services are set on an automatic, recurring, periodic basis (“Billing Cycle”).

8.2 You must request for your subscription to be cancelled at least five calendar days before your next Billing Cycle by e-mailing membership@faithashenden.com.

8.3 Full details of the cost of our Services can be found on our website.

8.4 Any advertised prices are not guaranteed until a purchase has been made.

8.5 Payment plans are available through our appointed third party platforms for the time being.

8.6 We reserve the right to make changes to our pricing but we not impose any alterations to our prices for a subscription service, unless we provide you with reasonable notice and give you the opportunity to cancel your subscription before the new price comes into effect.

8.7 We use Payment Card Industry compliant systems to process credit cards used to purchase Services and we will never personally see or store your credit card information.

8.8 If you choose to purchase a product or service on a payment plan, you are bound to pay all future payments until the product or service is fully paid off.

CONFIDENTIALITY

9. We will keep any information you provide to us and the outcome of your treatment strictly confidential and will not disclose, communicate or otherwise make public such information to anyone (save as may be required to be disclosed by law).

DISPUTE RESOLUTION

10. All disputes and differences between you and us, in connection with the provision of the Services, under these terms and conditions, shall be referred to arbitration, in accordance with the Arbitration Act 1996, for determination by a single arbitrator nominated in default of agreement between us by the President for the time being of the Chartered Institute of Arbitrators at the request of either of us.

GENERAL

11.1 By agreeing to these terms and conditions, you confirm that you will not sell or distribute to any other person any information, handouts, packets or other materials you receive from us and that, if you do so, we reserve the right to terminate the Services.

11.2 Whilst every effort is made to ensure the accuracy of literature produced by us, we will not be responsible for any liability arising from inaccuracies in published material and we further reserve the right to change such material as necessary.

11.3 All other warranties, conditions or terms relating to fitness for purpose of the Services, whether implied by statute, common law or otherwise are excluded to the extent that the law allows.

11.4 Abusive and unreasonable behaviour to any member of our staff will not be tolerated in any form and, in such circumstances, we will immediately terminate the Services.

11.5 No waiver by us of any breach by you of any provision of these terms and conditions shall be considered as a waiver of any subsequent breach of the same or any other provision.

11.6 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of them and the remainder of the provision in question shall not be affected.

11.7.1 These terms and conditions shall be governed by the laws of England and Wales, and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

11.7.2 We do not represent or warrant that the Services are appropriate, legal or available for use in any particular jurisdiction other than the United Kingdom.

11.7.3 If you elect to access our Services outside of the United Kingdom, you will do so on your own initiative and assume all risks associated with such access, including but not limited to any compliance with all laws and regulations of the jurisdiction, within which, you are, for the time being based and any United Kingdom export controls.