THE PARTICIPANT’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 10 AND 11.
Contract: the contract between Quantol ADS Ltd, being the supplier of the Services, and the Participant for the supply of System and/or Services in accordance with these Conditions.
Participant: the person who purchases the System and/or Services from the Supplier, reference to one gender shall include the other.
Services: includes all forms of Consultations, Hypnotherapy, NLP and Coaching. For the avoidance of doubt, Hypnotherapy services include Smoking Cessation, Hypno Band weight loss services, meditation, crystal healing and Emotional Freedom Technique (EFT) and other holistic treatment modalities.
Supplier: Quantol ADS Ltd, a company incorporated in England and Wales, registered off Kingsdown Lodge, West Kingsdown, Kent TN15 6AR, company registration number OC356603.
BASIS OF CONTRACT
These terms and conditions, once signed by the Participant, form the Contract and this Contract constitutes the entire agreement between the parties. This Contract applies to the exclusion of any other terms that the Participant seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
SUPPLY OF SERVICES
The Supplier shall provide the Services to the Participant in accordance with the Contract in all material respects and the Supplier warrants to the Participant that the Services will be provided using reasonable care and skill.
The Supplier warrants that Hypnotherapy, NLP and Coaching is offered with relevant insurance, proof may be provided if requested.
The Supplier may refuse to provide the Services if the Participant’s evaluation results indicate that this is appropriate.
The Participant’s results are not guaranteed and depend to a large extent on the Participant’s effort and lifestyle outside of the Services.
The Participant shall:
before the services commence disclose any and all medical conditions to allow for an accurate evaluation to be undertaken by the Supplier, such disclosure to be made by way of completing the Medical History or online registration. No services shall be supplied until the Medical History is completed in all cases;
immediately notify the Supplier of any discomfort or unusual feelings during the Hypnotherapy or other services as indicated or any subsequent Hypnotherapy session;
pay all sums due under the Contract without deduction;
give at least 24 hours’ notice to the Supplier if unable to attend a Hypnotherapy session in accordance with clause 7, if such notice is not given the Participant shall be deemed to have missed an appointment and no refund given;
If the Supplier’s performance of any of its obligations in respect of the Services is prevented by any act/omission by the Participant (Participant Default):
the Supplier has the right to suspend performance until the Participant remedies the Participant Default and shall not be liable for any costs or losses sustained or incurred by the Participant arising as a consequence; and
the Participant shall reimburse the Supplier on written demand for any costs or losses incurred by the Supplier arising directly or indirectly from the Participant Default.
The Participant must consult with a doctor before undertaking any regime of Hypnotherapy and the Supplier shall be entitled to rely on the Participant’s confirmation of having done so;
For the avoidance of doubt, the Participant warrants that he has made all necessary enquiries and that all information presented to the Supplier is accurate;
The Participant must not rely on the information in this Contract, any promotional material used by the Supplier or given within the Hypnotherapy session as an alternative to medical advice from his doctor or other professional healthcare provider.
If the Participant has any specific questions about any medical matter, he should consult a doctor or other professional healthcare provider.
The Participant is responsible for seeking immediate medical attention at any point this appears to be necessary to him.
Nothing in this medical disclaimer will exclude any of Supplier’s liabilities that may not be excluded under applicable law.
CHARGES AND PAYMENT
Hypnotherapy sessions shall be purchased in advance of the actual Hypnotherapy sessions, the detail of which shall be recorded at the end of this Contract;
All prepaid Hypnotherapy sessions shall expire 2 months from the date of purchase unless expressly agreed otherwise by the Supplier and recorded in writing;
Payment is non-refundable;
LATENESS AND RESCHEDULING OF INDIVIDUAL SESSIONS
If the Participant is less than 15 minutes late, the session shall continue but such lateness shall not be added on to the end of the session.
If the Participant is more than 15 minutes late, the Supplier shall be entitled to cancel the session and no refund shall be applied.
The Participant may cancel an individual session no less than 24 hours before the appointment by telephoning 0207 971 7677 and leaving a message with all relevant details.
For the avoidance of doubt, such cancellation will enable the Participant to reschedule the appointment but a refund will not be given.
An appointment may be rescheduled a maximum of twice before it is deemed cancelled on a non-refundable basis.
INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights in or arising out of any supply under this agreement shall be owned by Quantol Ads Limited.
The Participant shall not share or disclose the proprietary hypnotherapy, nlp and coaching methods supplied by the Supplier under this Contract to any third parties.
The Participant shall allow use of photographs, testimonials and any other media relating to him unless such consent is withdrawn in writing.
A party shall keep in strict confidence all information which is of a confidential nature and have been disclosed to the Receiving Party by the other party, except insofar as is necessary to discharge its obligations under this Contract and such information shall be used only in connection with this Contract.
This clause shall survive termination of the Contract.
|Data Protection Legislation||up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.|
|GDPR||General Data Protection Regulation ((EU) 2016/679).|
Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 10 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
Without prejudice to the generality of clause 10.1, the Participant will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Supplier for the duration and purposes of this agreement.
Without prejudice to the generality of clause 10.1, the Supplier shall, in relation to any Personal Data processed in connection with the performance by the Supplier of its obligations under this agreement:
process that Personal Data only on the written instructions of the Participant unless the Supplier is required by the laws of any member of the European Union or by the laws of the European Union applicable to the Supplier to process Personal Data (Applicable Data Processing Laws). Where the Supplier is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Supplier shall promptly notify the Participant of this before performing the processing required by the Applicable Data Processing Laws unless those Applicable Data Processing Laws prohibit the Supplier from so notifying the Participant;
ensure that it has in place appropriate technical and organisational measures, reviewed and approved by the Participant, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and
not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Participant has been obtained and the following conditions are fulfilled:
the Participant or the Supplier has provided appropriate safeguards in relation to the transfer;
the data subject has enforceable rights and effective legal remedies;
the Supplier complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and
the Supplier complies with reasonable instructions notified to it in advance by the Participant with respect to the processing of the Personal Data;
assist the Participant, at the Participant’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
notify the Participant without undue delay on becoming aware of a Personal Data breach; and
at the written direction of the Participant, delete or return Personal Data and copies thereof to the Participant on termination of the agreement unless required by Applicable Data Processing Law to store the Personal Data.
For the avoidance of doubt, signing and returning the terms of business acts as provision of the Participant’s consent to direct electronic marketing.
LIMITATION OF LIABILITY: THE PARTICIPANT’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
The Supplier shall under no circumstances whatever be liable to the Participant, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract;
The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
The Supplier shall not be liable for any injury or illness that arises from the Participant’s failure to disclose a medical condition either before or during the Exercise Test of actual training sessions.
This clause shall survive termination of the Contract.
The Supplier may terminate this Contract immediately upon the Participant failing to adhere to the terms of the Contract.
The Participant may cancel the contract by giving one month’s written notice. If notice is given part way through a month, the contract payment due will be pro-rated.
For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Supplier including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. This includes any such event at the training venue agreed by the Supplier and Participant.
The Supplier shall not be liable to the Participant as a result of any delay/failure to perform its obligations under this Contract as a result of a Force Majeure Event. Sessions cancelled under this clause may be rescheduled at the Supplier’s discretion.
Assignment and transfer. the Supplier may at any time deal in any manner with all or any of its rights under the Contract and may subcontract any or all of its obligations under the Contract to any third party. The Participant shall not, without the prior written consent of the Supplier assign or transfer the benefit of this Contract.
Call recordings. The Supplier may record calls with the Participant for training and quality assurance purposes and treat any such recordings in accordance with clause 10.
Notices. Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and may include email and fax, which shall be deemed to be served immediately, or post which shall be deemed to be served two Business Days after postage.
Waiver. If the Supplier fails to insist that the Participant performs any of its obligations under these Terms or delays in doing so, that will not mean that the Supplier has waived its rights against the Participant.
Severance. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
No partnership or agency. Nothing in the Contract shall be deemed to constitute a partnership or joint venture of any kind between any of the parties and no party shall have authority to act as agent for, or to bind, the other party in any way.
Third parties. A person who is not a party to the Contract shall not have any rights under or in connection with it.
Variation. Except as set out in these Conditions, any variation to the Contract shall only be binding when agreed in writing and signed by the Supplier.
These Terms are governed by English law and the parties submit to the exclusive jurisdiction of the English courts.