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Power2Change                                        Terms and Conditions January 2008

This web site is operated by Power2Change. As a user of this web site you acknowledge that any use of this web site including any orders you place with Power2Change and any other transactions you make is subject to our terms and conditions below.

Please: - read through these terms and conditions carefully, also read our Privacy Policy section regarding your personal information.

1. General

(a) By using this web site and/or Power2Change’s products and/or our services you agree to the terms and conditions set out here in these Terms and Conditions.

(b) We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the web site (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this web site and your continued use of the web site shall signify your acceptance to be bound by the latest terms and conditions.

(c) With regards to www.power2change.co.uk all rights, including copyright and its contents are owned by, or licensed to Power2Change, or otherwise used as permitted by applicable law. The names, images and logos on this site and their products and services are proprietary marks of Power2Change and/or third parties.

2. Consultations

Therapy sessions last approximately one hour.

At Power2Change we work to a high standard of care within the strict code of ethics of our various association memberships with regards to confidentiality and practices. We strongly advise that we offer no medical advice whatsoever and share care between ourselves, your hospital and your doctor.

The therapies offered at Power2Change provide powerful approaches to changing, behaviour, habits and problems of a psychological nature, but cannot offer a guarantee of success. While the success rate with most clients is high, these therapies rely on the client taking responsibility and working with the therapist.

It is a ‘partnership’ to success.

The client must be aware that while Power2Change have a duty of care, during and between sessions, the client should report any problems immediately to Power2Change and if necessary consult their GP. The client should fully inform the therapist of any anxiety, stress or trauma experienced prior to therapy, irrespective of how long ago it occurred .This will allow your therapist to adjust the therapy offered. All information remains 100% confidential. Power2Change are not responsible for the outcome of the therapy as it will require the client to be fully involved and participating in there recovery. With 100% from the client and 100% from the therapist, success is anticipated.

All clients are expected to keep their appointment times or give notice of cancellation more than 24 hours before the appointment is due.

Appointments once made are a commitment to attend.

If you have to cancel for any reason, giving a minimum of 24 hours notice will avoid you being charged.

The full fee for the session is due if less than 24 hours notice is given or the client fails to appear for the session at the agreed time.  This fee can be waived at the discretion of Power2Change.

If you require cancelling or changing an appointment please contact us at your first possible opportunity so that your appointment can be offered to an alternative client. If you are running late, then please let us know as soon as possible.

3. Courses

(a) Enrolment on Courses and Order confirmation

(i) Completing an application form to enrol upon a course/workshop with Power2Change is deemed to be an offer to purchase. Power2Change may accept or decline your offer. We will inform you if your offer to purchase has been declined.

(ii) You confirm that you do not have a criminal record.

(iii) You confirm that you have not been diagnosed with nor do you have a reason to suspect that you may have depression/clinical depression and/or other psychological illness.

(b) Course Cancellation

(i) if due to unforeseen circumstances any delegate needs to cancel an enrolment, up to one month before the course/seminar/workshop commences a refund will be given. All course deposits are non-refundable.

Unfortunately, for any cancellations made within 5 working days of the start date or after the start date of the course/seminar/ workshop, no refunds are available.

(ii) If for any reason or due to unforeseen circumstances the program you enrol upon has to be cancelled, Power2Change will refund your payment in full. Power2Change will not be liable for any other expenses.

(c) Conduct of courses

A strict code of confidentiality is maintained at all times during training and all students are required to accept this while participating in the training. All students must take care of themselves during the training and take care of each other, as the nature of participation in the training can create changes in some individuals who may have unresolved issues. The trainers are on hand to assist at all times. The training courses should be seen as educational and not an alternative to therapy. If you feel that you may have issues that may interrupt your training, please discuss with us beforehand and we will endeavour to assist, so that you can still participate in the training.

 (i) Power2Change reserves the right to substitute the advertised trainers and include additional trainers and special guest trainers at any time.

(ii) Power2Change reserves its right from time to time to vary in its absolute discretion the course content and the material covered to that advertised, whilst ensuring that such content and materials will correspond with the overall requirements as advertised.

 

(iii) Power2Change reserves the right to deny, at their absolute discretion, without any prior notification and any reason being given, access to any individual or group of individuals, for the welfare of participants and organisers, and for the purpose of ensuring that the course/workshop runs smoothly, safely and in a manner which reflects the nature of the training, for all or part of the course and/or registration.

(iv) If the need to deny access arises you agree that full payment will be retained by Power2Change.

(v) Qualification (where applicable) is awarded upon successful completion of the course/workshop.
 

4. Product Ordering

(i) Your order to purchase a product from Power2Change is deemed to be an offer to purchase. Power2Change may accept or decline your offer. We will inform you if your offer to purchase has been declined.

(ii) Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.

(iii) Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.

(iv) The price you pay is the price displayed on this website at the time we receive your order apart from the following exception - whilst every effort is made to ensure that all prices on our website are accurate, errors may occur. We will inform you as soon as possible, if we discover an error in the price of goods you have ordered. In such a case, you will be given the option of reconfirming your order at the correct price or cancelling it.

(v) Payment can be made by any method specified, either by card by using the PayPal payment method or by cheque.

(vi) Title to any products you order through this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.

(vii) We will only dispatch goods on confirmation that your payment has cleared.

(viii) When an order is accepted Power2Change will dispatch product(s) within 28 days of receipt of payment. If for any unlikely and currently unforeseen reason this is not possible we will inform you promptly and offer you the choice of an alternative product or a refund.

5. Limitation of Liability

(a) Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

(b) Subject to Section 5(a) above:

(i) Power2Change will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site. Any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law and subject to section 5(a) above.

(ii) Please note that information on these pages and on our products is not a substitute for qualified medical advice and does not replace the advice of your doctor.

Power2Change accepts no liability for your use of this website and for the information contained on this website. Furthermore, no guarantee can be given of any outcome as a result of your use of any of our services and/or products.

(iii) Some of our products and programmes utilise hypnosis/altered states of consciousness.

Every product is prepared by one or more trained qualified and practicing hypnotherapists. However, because altered states of awareness are involved we must obviously state that you should not use our products when driving, using machinery or doing anything which requires your full attention.

(iv) Power2Change will not be liable, in contract, pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for any:

(iv).1 economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or

(iv).2 loss of goodwill or reputation; or

(iv).3 special or indirect losses

(iv).4 other losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

(c) Notwithstanding the above, Power2Change’s aggregate liability (whether in contract or otherwise) for loss or damage shall in any event be limited to £1.00 or a sum equal to the amount paid or payable by you for the product(s) and/or services in respect of one incident or series of incidents attributable to the same clause, whichever is the greater.

(d) This clause 5 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

6. Virus disclaimer

(a) Reasonable steps have been taken to protect this Website by anti virus software but all visitors are advised to take all necessary steps to ensure that no virus contamination occurs. Subject to clause 5(a) above, no responsibility can be accepted by Power2Change for any loss or damage sustained as a consequence of any virus transmission.
 

(b) Subject to clause 5(a) above, Power2Change cannot accept any liability for any loss of data or damage to your computer system (or any other computer system with which you may interact through your computer system and related peripheral components) which occurs due to your use of this website, our products or as a result of downloading material from this site.

 

7. Website Linking

(a) Any links to other websites and any references to other authors’ books/ products or services are provided for information only for smooth processing of your transaction. Nothing on this website shall be deemed to be an endorsement of any such website/trainer/course/seminar/ workshop/book or product by Power2Change.
 

(b) Power2Change shall not in any event be liable for any content of any such other websites, nor can responsibility can be accepted by Power2Change for any loss or damage sustained as a consequence of any virus transmission, loss of data or damage to your computer system (or any other computer system with which you may interact through your computer system and related peripheral components) which occurs due to your use of such third party websites.

8. Breach of these Conditions by You

If you breach any of these terms and conditions you agree to hold blameless Power2Change and those who deliver training for and on behalf of Power2Change, its subsidiary businesses, products and/or services. You agree to indemnify Power2Change and those who deliver training for and on behalf of Power2Change, its subsidiary businesses, products and/or services for all fees, legal fees and costs which may arise out of your breach of these terms and conditions.

9. General

(a) This agreement is subject to Scottish law and jurisdiction.

(b) These Terms and Conditions represent the complete agreement between you and Power2Change and regulate all of your use of any and all of Power2Change’s goods and services (including, but not limited to, website(s), training courses, counselling, therapy, coaching sessions, articles, CDs, downloads and books) and these terms and conditions replace any previous agreements made between you and Power2Change.

(c) Please note that the headings used in these Terms and Conditions relating to each clause/ element/section are used purely for ease and they do not have any contractual or legal effect of any kind.

(d) Power2Change reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party. You may not assign your rights under these terms and conditions.

(e) If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

(f) No delay or failure by Power2Change to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Power2Change.

(g) You agree that in so far as permitted by law, any claim or cause of action, which you may make which arises because of your use of Power2Change’s products or services will be made (in such a way that it is filed to the appropriate courts of jurisdiction as set out in these terms and conditions) within one year of any claim or cause of action arising.

 

PRIVACY POLICY

1. Data Protection and Privacy

(a) The personal data that you provide to us is collected for the purpose of:

(i) Processing your order and payment

(ii) Delivering the goods that you have ordered from us to you

(iii) Contacting you in reference to your order and in particular for the purpose of querying or confirming any of the details of your order or updating you as to the progress of your order.

(iv) For improving the facilities and services that the website provides to you.

(v) To inform you of our current products, courses, other services, articles and related information.

(b) Power2Change will not share your information with any other party other than as disclosed in clause (c) below, without your request/approval.

(c) We do not disclose any Data to any third parties, other than:

(i) PayPal in the event that you have chosen to pay by card

(ii) any of our professional advisors where necessary; and/or

(iii) if required by law and/or for legal reasons.

(d) We will not use the Data for any other purpose than that indicated in this statement.

(e) If any of your details change or are incorrect or if you wish to enquire what Data we are holding of you, please notify us immediately by emailing on: david@power2change.co.uk :Power2Change 6 Edgar Street, Dunfermline, KY12 7EY. If you wish us to amend or erase any part of the Data relating to you, we will do so, subject to compliance with any statutory requirements and subject to our requirement to maintain records for legal reasons.

(f) In accordance with the Data Protection Act 1998 and other supporting regulations for the time being force, we have implemented security policies, rules and technical measures to protect the Data from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss.

2. Use of cookies

we do not use cookies.

3. Storage and processing of confidential financial information

When payment is made on-line, such payment is made directly to PayPal. We will not at any time hold any of your Confidential Financial Information. For security measures of PayPal, please refer to their website.
 

David W. Taylor

Principal

Power2Change