If you continue to access or use any part of our Website, you agree to be bound to these Terms.
Please also be aware that these Terms will form the contract between you and us (the “Contract”) when you book any of our Services or purchase our Products. Therefore please read these Terms carefully and make sure that you understand them. By booking our Services or purchasing any of our Products you agree to these Terms. If you refuse to accept these Terms please do not use this Website, book our Services or buy our Products.
We encourage you to regularly review these Terms as we may revise them at any time by updating this posting. By accessing our Website, you agree to any changes to our Terms and other guidelines or policies governing our Website, Services and Products.
1. OUR SERVICES
1.1 To use our Services you must be over the age of 18. If you are not 18, please do not book our Services.
1.2 We shall perform our Services to you in accordance with the details set out in the booking you make for our Services (the “Booking”) in all material respects.
1.3 We shall have the right to make any changes to the Services which are necessary to comply with any applicable law, or which do not materially affect the nature or quality of the Services, and we shall notify you in any such event.
1.4 We warrant to you that the Services will be provided using reasonable care and skill.
1.5 We may terminate a session without warning if we should determine that the session has been booked for some purpose other than to receive therapy, and that should this occur, you will remain liable for any session fee that may have been paid in advance.
1.6 You acknowledge that our business may change over time and accordingly we reserve the right to modify our Services and/or Products.
2.1 You warrant that all details you provide to us for the purpose of booking Services or purchasing Products are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the Services or Products ordered.
2.2 Payments must be made on time. If we agree that you may pay for our Services by instalments, you must pay all instalments due and on time.
2.3 Online bookings for our Services and Product orders are paid for through PayPal. Card processing information is processed through PayPal.
2.4 Credit and debit card cardholders are subject to validation checks and authorisation by the card issuer. Occasionally card issuers put a security block on card payments coming in from outside Europe in order to protect you against potential fraud. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. If PayPal refuses to authorise payment to us, we will not be liable for any delay or non-delivery. Simply contact your card issuer to let them know that the payment is with your permission and that any security block can be lifted. Then simply try to re-order and it should go through successfully.
2.5 We cannot accept any liability for how long it takes the banks to process your payment.
3.1 We reserve the right to make price changes without prior notice but will not increase the price of Products which are awaiting delivery or Services already booked.
3.2 Prices quoted exclude VAT. VAT may be collected at checkout.
4. DELIVERY OF PRODUCTS
4.1 We deliver Products to you in accordance with the delivery option agreed.
4.2 You warrant that the Products you order through our Website are for your own private and domestic use only and are not for resale.
4.3 If a technical problem interferes with the immediate delivery of any digital Product, we shall use our best endeavours to correct the problem as soon as reasonably possible.
4.4 Non-digital/ physical Products are delivered to the UK mainland only. Please note that it may not be possible to deliver to a P.O Box /BPPO address.
4.5 We endeavour to despatch non-digital/ physical Products within 24 hours, during Monday – Friday, except for bank holidays.
4.6 Non-digital/ physical Products are sent via Royal Mail 1st class delivery.
5. CANCELLATION POLICY
5.1 Except as outlined in clause 5.3 below, you can cancel the Services and/or Product order within 14 days after the day the Contract was entered into without giving a reason. This means that during that 14 day period if you change your mind, you can notify us of your decision to cancel the Contract and receive a refund. However, we can and will charge for any Services provided up until the date of cancellation.
5.2 For clarity, your 14 day legal right to cancel a Contract starts from when the Contract was entered into which is:
(a) in the case of our Services, the day you receive confirmation of the Booking; or
(b) in the case of Products, the date of the despatch confirmation (the date on which we email you to confirm our acceptance of your order) or in the case of digital Products, the date you first download it.
5.3 You acknowledge that you lose the cancellation right outlined above if:
(a) you have requested that the Services be provided within the 14 day cancellation period and the Services have been performed;
(b) you have requested the immediate download of a digital Product (e.g. an audio download or a home study program supplied in digital format) within the 14 day cancellation period;
(c) you purchase a Product which is personalised or otherwise made to your specifications (e.g. a CD recorded and personalised especially for you); or
(d) in the case of sealed Products (e.g. CDs), the Product becomes unsealed after delivery.
5.4 To cancel the Booking or your Product order, simply notify us at supportATniafoyeDOTcom. Please include details of your Booking or Product order to help us to identify it. Your cancellation is effective from the date you send us the email.
5.5 If you cancel your Contract within this 14 day period we will:
(a) refund you the price you paid for the Services and/or Product. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of Products if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid for such Products before we are able to inspect them and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
(b) refund any delivery costs you have paid for a Product, although as permitted by law, the maximum refund will be the cost of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method); and
(c) make any refunds due to you as soon as possible and in any event within 14 days after you inform us of your decision to cancel the Contract.
5.6 We will refund you on the method used by you to pay.
5.7 To cancel your Product order after despatch, simply follow our Returns Policy at clause 6 below.
5.8 In the case of all other cancellation (outside of the 14 day right to cancel), you acknowledge that cancellation of sessions or re-scheduling with less than 48-hours’ notice in advance, other than in a case of extreme emergency, will cause you to be liable for the full cost of the session. No–shows for sessions will also be liable for the full cost of the session.
6. RETURNS POLICY
6.1 If you have returned Products to us because they are faulty or misdescribed, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us. Details of how we refund within the 14 day cancellation period are set out at clause 5.5.
6.2 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us in a re-sealable condition without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract;
(b) unless the Product is faulty or not as described, you will be responsible for the cost of returning the Products to us.
6.3 The address for returns is Nia Hypnotherapy Lily House 11-12 The Shrubberies George Lane South Woodford London E18 1BD.
6.4 The cost and safety of the return of the Product are your responsibility until they reach us, therefore, we recommend for security purposes, that you insure the parcel for the value of the Product and retain all records of delivery.
6.5 For digital Products, you acknowledge that your lose your 14 day right to cancel in accordance with Clause 5.3(b) and we cannot issue refunds or accept returns in respect of such digital Products, except where faulty or misdescribed in accordance with Clause 6.1.
7.1 The content on our Website is provided for general information only and is not intended to amount to advice on which you should rely. This content, our Products and our Services do not intend to be or replace services by medical professionals and you should obtain professional or medical specialist advice before taking, or refraining from, any action on the basis of the content on our Website or before booking our Services. In relation to our weight management Services and Products, it is also important to note that sometimes weight gain may be related to underlying medical issues that require medical treatment. Any questions concerning medical issues should be directed towards your doctor.
7.2 We make no guarantees of success of Services, and to the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, our Products or our Services, whether express or implied. We will not be liable to any user for any loss or damage (including without limitation any indirect or consequential loss), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with our Website, Products or our Services.
7.3 Nothing in our Terms exclude or limit our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
7.4 We will not be liable if the failure or delay to deliver the Products or perform the Services is on account of causes beyond our control, including illness, war, weather, governmental regulations or controls. If that happens, we will deliver the Product or perform the Services as soon as commercially possible once all is resolved.
8. RESTRICTED ACCESS
8.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you receive a password and therefore certain areas are restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
8.2 Where you have a password, you must not share your password with any other person.
8.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect any unauthorised uses of your password and/or other breaches of security, you agree to notify us immediately at talkATniafoyeDOTcom. We will not be liable for any loss or damages of any kind, caused by your failure to comply with your security obligations hereunder or caused by any person to whom you grant access to your password(s).
8.4 We may suspend or cancel your password immediately at our reasonable discretion or if you breach any of your obligations under these Terms.
9. YOUR CONTENT / BLOG POST COMMENTS
9.1 This Website may contain an opportunity for you to comment on articles and posts on the Website blog. It is information in the public domain and you are solely responsible for the content you post on the blog. You understand and agree that we can delete any content in our sole and exclusive judgment.
9.2 You acknowledge that comments and reviews posted by other individuals on our Website are not necessarily a representation of our views. Any positive or other reviews do not constitute a recommendation, endorsement or guarantee by us. There is no promise that anyone will achieve the same or similar results. There is no assurance that you will do as well using the same information or strategies.
10. FACEBOOK GROUP GUIDELINES
10.1 We may invite you to join a Facebook Group; a Facebook Group is not mandatory, nor a given right.
10.2 We do not own Facebook. If they change their terms or decide to start charging for Facebook groups, it may limit or remove our ability to keep a Facebook group open and running. Similarly, if group guidelines are not honoured and upheld, a Facebook group may also be eliminated.
10.3 We may view the interaction between our clients from time to time but we have no obligation to police it.
10.4 By using this Website you agree to the following code of conduct in relation to this Facebook Group or any successor forum (“Group Guidelines”):
(a) You shall behave in a way that does not contain speculation, veiled threats and accusations or unethical and malicious behaviour of any kind.
(b) You shall not expect technical support for sessions on Facebook. If you see a fellow client asking for technical support or any Service related support, please direct them to contact talkATniafoyeDOTcom. If you have any issue with our Services or Products, again, please contact our team directly as we could help you faster and more efficiently one on one.
(c) If you cannot participate within these guidelines, you will be removed from our Facebook Group and/or we might delete your post without notice.
(d) You shall not post, encourage nor otherwise make available disrespectful comments about Nia Foye, our team or any of our Services.
(e) We are not responsible for any loss of revenue, damages, breach of contract, or any other unfavourable circumstance as a result of relationships created through our groups.
(f) We reserve the right to create new Group Guidelines.
11. WEBSITE USE
11.1 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
11.2 You shall be responsible for obtaining and maintaining all hardware and other equipment needed for access to and use of this Website and all charges related thereto. We shall not be liable for any damages to the equipment resulting from the use of this Site.
11.3 Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources.
11.4 You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
12. INTELLECTUAL PROPERTY
12.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these Terms, any use of extracts from this Website is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website
12.2 You represent and warrant that your use of the website will not infringe or misappropriate the intellectual property rights of any third party.
13.1 You agree to indemnify us fully and hold harmless us from and against any and all claims, liability, damages, losses and expenses, including legal fees, arising out of your use of the Website and/or our Services, including but not limited to your violation of these Terms,
14.1 This agreement constitutes the entire agreement between us and you concerning the subject matter hereof, and they may only be modified by written agreement between us and you.
14.2 These Terms are governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
14.3 You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
14.4 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
14.5 We value your comments and opinions. If you have questions, comments or a complaint about compliance with these Terms, you may send a written notice to us at: talkATniafoyeDOTcom.