TERMS & CONDITIONSTHE LEGAL STUFF
TERMS & CONDITIONS
These are the standard terms and conditions for the services that the Being Well provides. We are sorry they are not friendlier. We have done our best to tick all the necessary legal boxes whilst not taking away any unnecessary rights of service users. The following terms apply as the standard terms for all of the Being Well’s products and services.
1.User of The BeingWell website and services (“You”): and
2. The BeingWell (Trading name for Dr Sherylin Thompson) of Unit 69 Cannon Workshops, 3 Cannon Drive, Canary Wharf, London, E14 4AS
The following is intended to form the terms and conditions of the agreement relating to your professional relationship between You and The BeingWell. If at any point either party believes that the other party might be in breach of this agreement, it is important that concerns are raised as soon as possible so that we can work together towards a resolution. We will take any complaints seriously. We recommend that you raise any complaint in the first instance directly with the therapist, course leader or person involved. If this does not resolve the matter, please e-mail firstname.lastname@example.org and we will aim to respond to your complaint promptly, fairly and effectively.
This agreement shall commence on the day that you use a BeingWell service, website or product. The agreement may be terminated by either party at any time by giving to the other party at least one week’s written notice.
The services that will be provided under this agreement include individual therapy, relationship counselling and/or group mindfulness training classes (“the Services”).
The confidentiality of information relating to You is of paramount concern to The BeingWell. The BeingWell fully complies with data protection legislation and therapeutic confidentiality guidelines. We share information on a need to know basis and strict guidelines are in place to ensure the information remains secure.
Data Protection Act 1998
We are committed to meeting the provision of the Data Protection Act 1998. Everyone working at The BeingWell has a legal duty to keep information about you confidential. In summary, this means that:
• We will ask for information about you so that you can receive a good service. Contact information, registration details, emergency contacts, and very brief notes on individual and group sessions relating to You will be kept by The BeingWell.
• We keep this information securely with details of services you use because it may be needed when we see you again.
• We will normally only provide information about your sessions to your GP if you provide us with written consent. There may be situations in which we are required by our legal, regulatory or professional obligations to inform your GP and/or other public bodies about certain matters, for example where there is a risk to life or physical harm to You or to a third party.
• The Being Well supports audit projects intended to evaluate the health of the nation and the quality of related care. The Being Well supports ethically approved research projects which measure the long-term effectiveness of treatment. There will be a specific consent form for contribution to any research projects.
• You may be receiving care from other people as well as employees of The BeingWell. So that we can all work together for your benefit, we may need to share some information about you with those people.
• The sharing of some types of very sensitive personal information is strictly controlled by law. Some pieces of information, for example religious beliefs and mental health, are termed “sensitive data” under the Data Protection Act. In general we do not record “sensitive data” unless it is directly relevant to your condition and its treatment. In such cases, we will ask your permission to hold this information. If we have to share this information with other professionals that do not work at The BeingWell to facilitate your treatment, we will ask your permission whenever reasonably practicable before disclosing this information to any other individual.
• You have a right of access to your records under the Access to Health Records Act as well as under the Data Protection Act 1998. For more information, you may like to consult the Information Commissioner’s web site: www.ico.gov.uk
Access to Non-Therapeutic Information
Access to non-therapeutic information may be granted to others by The BeingWell on a strictly confidential basis in the course of and for the purpose of efficient administration, for example audit, financial management and credit control and managing or improving our services. This access may be given to any person or organisation involved in billing, processing, payment or collection of accounts or the provision of credit referencing. In some instances we are obliged by law to disclose information for example where it will assist in investigations into fraud or other criminal offences, or if there is an issue relation to your own safety or another individual’s safety.
CCTV, Telephone Call Recordings and Supervision
The buildings where The BeingWell operates from uses CCTV in some areas for security purposes only and areas monitored by CCTV are signposted. Your calls to The BeingWell may be recorded for training purposes. The member of staff involved in your session may discuss the content of your session with a colleague in order to ensure quality of service provision. However, your name or other identifying information is not normally disclosed and protecting your personal data is taken seriously. Supervision is conducted in accordance with the UK Network for Mindfulness-Based Teachers guidelines for supervised work. As part of supervision, on-going professional training requirements, service evaluation or research, You may at the outset of the work be asked to consent to sessions being video and / or audio-recorded. You have the right to decline this request. Any recordings will be erased as soon as reasonably practicable after the purpose of the recording has been discharged in line with the requirements under the Data Protection Act 1998.
Retention, Storage and Destruction of Information
Information about You is stored in a confidential manner whether it is in manual or computerised form and it will be kept for the specific retention periods outlined by the relevant professional bodies. Destruction of data, either manual or digital is undertaken using documented procedures with an audit trail of activity and destruction.
Identifying You as an Individual
It is of vital importance that all service users are properly identified as individuals. This allows us to collate your various visits and treatment in the same discrete record. We have many service users with similar names. In order to be absolutely sure that you have been correctly identified we ask for at least three pieces of information about you. Suitable items include: Full name, Date of birth, National Insurance number, Passport number, Permanent (home, not a temporary) Address or Phone numbers. This is not an exhaustive list. Please note that if you choose to use a pseudonym or fail to supply accurate identifying information, when visiting us, The BeingWell cannot be responsible for ensuring the continuity of your records across visits to the Being Well.
Use of our websites and our online content (e.g. Blogs, Twitter, Facebook, LinkedIn)
The materials contained on The BeingWell websites and on our other online content are for general information only and should not be relied upon as legal, medical, therapeutic or other professional advice. We make no warranty as to whether the information is accurate or up to date. We do not accept any responsibility for any loss which may arise from accessing information that The BeingWell puts either on its websites or on any other online forum. We hereby exclude all liability for losses or damages that are direct or indirect arising from use of any online material relating to The BeingWell including but not limited to The BeingWell websites.
Changes may be made to our online content, the content may be deleted and our online content may be removed at any time without notice.
Access of service online
We aim to make our website and online material and communication (e.g. e-mail, social media, and video conferencing such as Skype) as accessible to all service users. However, we cannot guarantee that the website or online services will always operate correctly, will necessarily be compatible with all clients’ hardware and software, or will be secure over your internet connection. We will not be held responsible for any loss of data, damage to data, unlawful interception of data, viruses or interruption of access.
Any online or physical property associated with us, including any trade mark, logos, copyright, patents and software, and all information and other content online relating to The BeingWell (including, but without limitation, text copy, graphics, images, recordings and videos) or as hard copy (including, but without limitation, workbooks, worksheets, diagrams, DVDs, CDs and handouts) is and remains at all times property of The BeingWell. You may not download, copy, alter, post, reproduce, republish, broadcast, sell, distribute, forward or use in any way material or property belonging to The BeingWell without prior written consent. Any written content and images relating to The BeingWell must also be properly attributed to the author and properly referenced and all copyright and proprietary notices kept intact.
All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by the Supplier. All materials relating to The BeingWell are the exclusive property of The BeingWell.
TRAINING & CLASSES
Participants attending group trainings and classes may share personal information with other participants. All Participants are expected to treat this as confidential and to maintain each other’s confidentiality both during and after the course. Anyone disclosing personal information to anyone outside of the group sessions shall be asked to leave the course and may be committing a criminal offence under the Data Protection Act 1998.
Influence of alcohol or substances
If it is reasonably suspected that You are under the influence of alcohol or any illegal substances, You will be asked to leave and forfeit your session or course attendance that day. If this behaviour continues, it may lead to therapy being terminated or you being asked to leave the course.
Contact between sessions
In instances where You need to contact a consultant between sessions, you can call 0844 272 8900 or send an e-mail to email@example.com. If nobody can take your call, you may leave a voicemail message. All calls and messages will be responded to as soon as reasonably practicable as time permits between sessions within normal opening hours. The BeingWell does not operate a crisis or emergency service. If you need to speak to someone immediately please contact your GP, the NHS Non-Emergency Number by dialling 111 or in the event of an emergency you may also call an ambulance on 999.
Fees and payment
The rate for one-to-one mindfulness classes will be agreed ahead of the session (which normally last 50 minutes) and the rate is usually advertised on The BeingWell website. Payment is required at the end of each session by cash or cheque; or before each session if you prefer to pay online via PayPal. Arrangements with Employee Assistance Programmes and Health Insurance providers will be discussed on a case-by-case basis. You are also bound by any terms of business between You and your insurance company. The BeingWell may be asked to agree separate terms of business with your insurance company if your course is being funded by an insurance company. If for any reason, Your insurance company does not pay the fees for your treatment, we reserve the right to invoice you in respect of our fees which will be payable within 14 days from the date of our invoice. Please note that insurance companies, insurance brokers and other third parties involved in the process of paying your fees or processing your insurance claim may require us to disclose personal data relating to you in order to process your claim. You agree that we may disclose any required information to insurance companies, insurance brokers and other third parties about You and Your treatment in order to enable your insurance claim to be processed. Fees are reviewed annually in February of each year and You will be provided with written notice of any changes in the fees charged.
Sessions and cancellations
Sessions are 50 minutes in duration and the same day and time will be reserved for You each week, unless we agree otherwise. Since an ongoing mindfulness course involves the reservation of a time specifically for each client, a minimum of 24 hours’ notice is required for re-scheduling or cancelling an appointment. Unless a different agreement is reached and confirmed in writing, the full fee will be charged for sessions that you do not attend or arrive at later than the start time without providing at least 24 hours’ of notification of cancellation.
It is expected that the session will begin at the agreed time. Any session that begins after this time due to your late arrival for whatever reason cannot be extended beyond the agreed finish time. If you do not arrive or telephone The BeingWell within 15 minutes of the agreed appointment, this will be considered as a cancellation without the required 24 hour notice being provided and the mindfulness teacher will not be available for the remainder of the session.
If for any reason the teacher has to cancel a session, s/he will aim to provide you with 48 hours’ notice where this is possible and you will not be charged for the session. The therapist will also give a minimum of 4 weeks’ notice of any planned holiday dates when s/he will be unavailable where possible. You are required to provide at least 2 weeks’ notice in relation to any holiday dates.
Issues specific to Video-call (e.g. Skype) sessions
Video-call sessions reduces the ability to pick up on communication signals. For example, the technology might distort the tone of voice, facial expressions are not as clear and body language is not as visible. Video calling may not be as effective as in-person contact. Because of this, it is more likely for misunderstandings or communication difficulties to arise. Should these occur, both parties are responsible for openly identifying any issues as soon as possible in order to mutually reach an agreed resolution.
Should either You or the mindfulness teacher experience difficulties ‘attending’ a session because of technical reasons, You should both endeavour to let the other person know straight away by telephone and allow time to try to connect again or to have the session via an ordinary phone call. In the event that you have paid for a session but were unable to attend the session at the agreed time, the full fee charged for the session will be retained and will not be refundable.
It is important for you to ensure that the environment you work and live in allows you the physical and emotional safety and privacy to express yourself freely in order for a beneficial video-call exchange to take place. It is Your responsibility to ensure that the video-call technology that You use is secure and that precautions are put in place in Your surroundings to safeguard confidentiality of information relating to You.
If you have not received an e-mail confirmation directly from us within 48 hours’ of booking, please contact us immediately. Please also retain the e-mail confirmation as evidence of your registration when arriving at your first group training or course.
In the case that the entire course is cancelled by us in advance of the course commencement, any fee paid in advance will be refunded. Any further expenses you have incurred in connection with the course will not be reimbursed. If a single class or classes are cancelled due to an unforeseeable circumstance, another teacher may need to take the class and / or the class will be rescheduled where this is reasonably practicable.
All cancellations made with more than 14 days’ notice will be refunded (minus a 15 percent administration charge). The full fee in respect of any cancellations made with greater than 14 days’ notice can also be used as payment towards another course subject to availability however the 15 percent administration charge will still be applied. We regret that no fees can be refunded or transferred to another course or event if the participant cancels with less than 14 days’ notice before the commencement of a course or group training.
Suitability for a group course or a group session
You are assumed to believe that You are physically and psychologically fit to participate in any class, group course or training. It is also Your responsibility to assess Your suitability to take part in activities suggested. If You are in any doubt, we encourage You to seek advice from health professionals on this. If for any reason, it is decided that You are not fit to attend a course or training, we reserve the right to cancel any booking made by You either before classes commence or during the course. This might, for example, be ascertained by information You provide through a pre-course questionnaire or through a discussion that You have with the course leader. No refunds of any fees will be due in the event that you attend all or part of a course.
If You are concerned about Your suitability for the program, either before or during the course, You should ask for a confidential discussion with the course leader. Some information You provide on a pre-course entry questionnaire might be made available to the course leader assist him / her towards facilitating wherever possible individual participant needs. If it is decided that You should not participate in a class or remainder of the course, You are obliged to leave.
Group courses and trainings are not intended as group therapy or to substitute psychological and / or medical interventions. You are expected to continue your ongoing treatment. It is at Your own risk that You may become aware of the need for psychological or medical intervention as a result of participating in a group programme. It is also Your responsibility to raise this with the course leader. It may be decided that You need to leave the course and / or a referral may be discussed with You. Any additional treatment needed will be at Your own risk and expense. Any additional treatment will not be carried out by any teacher associated with The BeingWell to ensure confidentiality and to limit any issues of conflict of interest or dual relationships.
Nothing in these terms shall limit or exclude The BeingWell’s liability for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or fraud or fraudulent misrepresentation. Subject to this, The BeingWell shall under no circumstances whatever be liable to You, 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 this agreement; and The Being Well’s total liability to You in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of £5000.00. This clause shall survive termination of this agreement.
We will not be liable for any failure or delay in the delivery of the Services due to circumstances beyond our reasonable control, including but not limited to acts of God, acts of terrorism, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, labour dispute, strike, insolvency or bankruptcy of either party or any third party, fire, flood, snow and storm, exceptional weather conditions, difficulty or increased cost in obtaining workers, goods or transport and other circumstances affecting the supply of goods or services.
We will not be liable to business clients for the loss of data, profits, business, revenue, opportunity, reputation, goodwill, indirect or consequential loss or damage. Further, we will not be liable for any interruption to your business howsoever caused.
This agreement constitutes the entire agreement between the parties. You acknowledge that You have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of The BeingWell which is not set out in this agreement.
Assignment and other dealings
The BeingWell may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under this agreement and may subcontract or delegate in any manner any or all of its obligations under this agreement to any third party or agent. You shall not, without the prior written consent of the Supplier, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under this agreement.
Any notice or other communication given to a party under or in connection with this Agreement shall be in writing, addressed to that party at the address for that party contained in this agreement or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or e-mail. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
A waiver of any right under this agreement or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
No partnership or agency
Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, nor constitute either party the agent of the other for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
A person who is not a party to this agreement shall not have any rights to enforce its terms.
Except as set out in these terms, no variation of this agreement, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by The BeingWell.
The parties this this Agreement agree that prior to commencing any litigation arising from or in connection with this agreement, they shall enter into an alternative dispute resolution process for the purposes of resolving any disputes between them. This may initially involve an informal settlement meeting between You and The BeingWell to attempt to resolve the matter. If any dispute arises in connection with this agreement and this is not resolved at an informal settlement meeting as aforementioned, the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing (ADR notice) to the other party to the dispute requesting a mediation. A copy of the request should be sent to CEDR. Unless otherwise agreed, the mediation will start not later than 28 days after the date of the ADR notice. No party may commence any court proceedings in relation to any dispute arising out of this agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by an unreasonable delay by reason of the failure of the other party. Nothing in this Agreement shall affect The BeingWell’s ability to commence litigation in respect of recovering any outstanding fees owed by You or any third party in respect of therapy sessions or other services without the need to engage in Alternative Dispute Resolution as described in this Agreement.
Governing law and Jurisdiction
This agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England.
Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
You agree that your continued use of the services of The BeingWell constitutes your approval and acceptance of the terms within this agreement.
We hope that we have not bored you too much. However, these terms and conditions are an important tool in the event that you need any clarity about your relationship with the Being Well. If you have any questions or if any of these terms are not clear, please contact us. We look to forward to welcoming you on board with The BeingWell.