Terms And Conditions

1. Introduction

1.1 These terms and conditions (together with the documents referred to in it) shall govern your use of our website, our client portal and our services. Use of our site includes accessing, browsing, or receiving consultations through our site.

1.2 By using our website and our client portal, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not request our services, use our website and our client portal.

1.3 If you register with our website and / or our client portal, submit any material to our website or use any of our website services, you agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; by using our website and our client portal or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

2. Copyright notice

2.1 Copyright (c) 2021 Resilient Wellbeing Ltd.

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Permission to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(d) use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal purpose ; you must not use our website for any other purposes.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4. Misuse of website

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(d) probe, scan or test the vulnerability of our website without our permission;

(e) circumvent any authentication or security systems or processes on or relating to our website;

(f) 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;

(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h) decrypt or decipher any communications sent by or to our website without our permission;

(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k) use our website except by means of our public interfaces;

(l) violate the directives set out in the robots.txt file for our website;

(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n) do anything that interferes with the normal use of our website.

4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Accessing our website

Access to our site is provided free of charge, but please note that online consultations conducted through third-party software such as Telehealth, Zoom, Microsoft Teams, or Skype are subject to charges.

We cannot guarantee that our site will always be available or uninterrupted, and access to the site is granted on a temporary basis. We may suspend, withdraw, discontinue, or modify all or part of our site without prior notice.

Except for pre-arranged online Therapy services, we will not be held liable if our site is unavailable for any reason or duration. In such cases, we will make reasonable efforts to arrange an alternative consultation. If a mutually agreeable consultation cannot be arranged, our liability will be limited to the amount paid in advance for the online consultation services.

You are responsible for making the necessary arrangements to access our site. It is also your responsibility to ensure that anyone accessing our site through your internet connection is aware of and complies with these terms of use and any other applicable terms and conditions.

6. Linking to our website

You are welcome to link to our site as long as you do so in a fair and lawful manner that does not harm our reputation or take advantage of it. You are prohibited from establishing a link that implies any approval, association, or endorsement from us if it doesn't exist. Our site should not be framed within another website, and links should only be directed to our home page.

We reserve the right to revoke linking permission without prior notice. If you would like to use any content from our site beyond what is stated above, please contact us initially to discuss the matter.

7. Changes to the website

The website may undergo periodic updates, and its content is subject to change at any time. It's important to acknowledge that certain content on the website might become outdated, and we are not obligated to update it.

We cannot guarantee that the website or any of its content will be entirely free from errors or omissions.

8. Registration and accounts

8.1 To be eligible for an account on our website / client portal under this Section 5, you must be a resident or situated in the United Kingdom.

8.2 You may register for an account with our website by completing and submitting the account registration form on our website/client portal and clicking on the verification link in the email or sms that the website/client portal will send to you or provide the code you will receive via email or sms.

8.3 You must not allow any other person to use your account to access the website/client portal.

8.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

8.5 You must not use any other person's account to access the website/client portal.

9. User login details

9.1 If you register for an account with our website or our client portal, you will be asked to choose a user ID and password.

9.2 Your user ID must not be liable to mislead and you must not use your account or user ID for or in connection with the impersonation of any person.

9.3 You must keep your password confidential.

9.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

9.5 You are responsible for any activity on our website and / or our client portal arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

10. Cancellation and suspension of account

10.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

at any time in our sole discretion with or without notice to you.

10.2 We will usually cancel an account if it remains unused for a continuous period of 18 months.

10.3 You may cancel your account on our website or client portal using your account control panel on the website. If not possible, you can send us an email and we will provide to cancel your account. Please note that we may not be able to satisfy your request to cancel your account for legal or accounting reasons that we will make clear to you, if applicable when you make a request.

11. Limited warranties

11.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date;

(d) that the website or any service on the website will remain available.

11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3 To the maximum extent permitted by applicable law and subject to Section 9.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

12. Limitations and exclusions of liability

12.1 The psychologists/psychotherapists/counsellors are employed or self-employed and follow the regulations and ethical conducts of their professional bodies. Each therapist is a member of one or more of the following professional bodies: Health and Care Professions Council (HCPC), The British Association for Counselling and Psychotherapy (BACP) and The British Psychological Society (BPS); however, all of the psychologists are HCPC regulated. All of the psychotherapists and counsellors are registered with BACP and abide by their Ethical Standards and Framework. Resilient Wellbeing Clinic is not the provider of services for self-employed therapists, the self-employed therapist is the service provider at all times. All of the self-employed therapists have their own privacy policy and terms and conditions, so if you work with a self-employed therapist, the therapeutic contract will therefore be between you, or your child, and the therapist. Resilient Wellbeing Ltd provides the therapeutic rooms and administrative services only to self-employed therapists. Resilient Wellbeing Clinic will not accept liability for any loss or damage resulting from contact or therapeutic work with the self-employed therapist. Any complaint against the self-employed therapist should be raised with the therapist directly and, if required, reported to their respective professional body organisation.

12.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:

(a) are subject to Section 9.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions. This will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees.

13. Viruses

The security and bug-free operation of the Site cannot be guaranteed by us. It is your responsibility to configure your information technology, computer programs, and platform for accessing the Site. It is advisable to use your own virus protection software.

You are strictly prohibited from misusing the Site by knowingly introducing malicious or technologically harmful material such as viruses, Trojans, worms, logic bombs, or engaging in unauthorized access attempts to the Site, its server, or any connected server, computer, or database. Initiating a denial-of-service attack or a distributed denial-of-service attack on the Site is also prohibited. Such actions would be considered a criminal offense under the Computer Misuse Act 1990. If such a breach occurs, we will promptly report it to the appropriate law enforcement authorities and cooperate by disclosing your identity to them. Any violation of this provision will result in an immediate termination of your right to use the Site.

14. Providing the services

14.1 Each session will need to be paid in advance.

(a) We reserve the right to suspend our services to you if you do not pay within 4 days from any reminder. We will communicate this to you. We will resume the services you requested once you have paid the outstanding amount due.

b) We reserve the right to suspend our services to you if we don't hear from you regarding the confirmation of an appointment within 48h from our reminder/communication. We will communicate this to you. We will resume the services you requested once you confirm in writing the date you would like your next appointment, depending on availability.

14.2 Cancellation policy:

(a) 48-Hour Cancellation Policy: If you cancel your appointment with less than 48 hours’ notice, you will need to pay the full session fee. This also applies if you do not attend the session.

(b) Assessment Sessions: The 48-hour cancellation policy does not apply to assessment sessions. Assessment sessions, including those for therapy and ADHD assessments, are non-refundable.

(c) Service Suspension: We reserve the right to suspend our services to you if you do not attend sessions for two consecutive weeks (whether postponing the session with or without 48 hours’ notice), unless otherwise agreed with your therapist.

(d) Slot Reservation: We cannot reserve a slot for you if your next appointment is not booked in the diary and if you cannot attend the therapy for more than two consecutive weeks.

(e) Limit on Postponements: Clients are allowed to postpone a session to the following week one time within a 30-day period without incurring additional charges, provided that the postponement is communicated at least 48 hours in advance.

(f) Holding Fee for Additional Postponements: If a client wishes to postpone more than once within a 30-day period, a non-refundable holding fee equivalent to the session cost, is required to retain their appointment slot. This fee compensates for the reserved time that could not be offered to another client. If this fee is not paid, the slot will be released and made available to other clients.

(g) Block of Sessions:

Non-Refundable Payments: Payments made for a block of sessions are non-refundable, as this allows us to reserve your appointments and ensure continuity in your therapeutic journey.
Postponements: Clients (corporate and individual) are allowed to postpone one session to the following week within a 30-day period without incurring additional charges, provided that the postponement is communicated at least 48 hours in advance. Any additional postponements or failure to attend a scheduled session will result in the forfeiture of that session from the pre-paid block, unless a non-refundable holding fee is paid to retain the appointment slot.
Unforeseen Circumstances: If unforeseen circumstances affect your ability to attend sessions, please contact us as soon as possible. Rescheduling options may be discussed, subject to availability.

(h) Dispute Resolution: If you believe any charges have been unfairly applied, please contact our clinic staff to discuss and resolve the issue.

14.3 Outstanding Account

If your account remains unpaid, Resilient Wellbeing Clinic will determine the most appropriate course of action to recover the outstanding amount. This may involve:

Engaging a Debt Collector: A debt collector may be instructed to retrieve the owed money. This will result in a surcharge of 15% of the debt plus VAT, as well as additional costs based on the amount owed and the actions taken. By agreeing to these terms, you accept your legal obligation to cover the debt recovery costs, fees, and any expenses incurred throughout the process, which can be enforced against you in court.

Pursuing a Small Court Claim: Resilient Wellbeing Clinic may initiate legal proceedings through a small court claim to recover the outstanding amount. In this case, you will also be liable for court filing fees, legal costs, and any awarded interest or compensation as permitted under the Late Payment of Commercial Debts (Interest) Act 1998.

By agreeing to these terms, you accept responsibility for the debt, any associated recovery costs, and interest at the applicable rate.

Important Notice: If you are using your health insurance provider to fund the treatment, you are responsible for ensuring your policy covers the treatment. If your health insurance provider refuses to pay for part or all of the sessions, you are responsible for settling these payments directly with Resilient Wellbeing Clinic.

15. Breaches of these terms and conditions

15.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

15.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

16. Variation

16.1 We may revise these terms and conditions from time to time.

16.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

17. Assignment

17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

18. Severability

18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

18.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

19. Third-party rights

19.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

19.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

20. Entire agreement

20.1 Subject to Section 9.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and our services and shall supersede all previous agreements between you and us in relation to your use of our website.

21. Law and jurisdiction

21.1 These terms and conditions shall be governed by and construed in accordance with English law.

21.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

22. Statutory and regulatory disclosures

22.1 We are registered in Unit 2, Bedford Mews, East Finchley, London, N2 9DF; you can find the online version of the register at https://find-and-update.company-information.service.gov.uk/company/12872501, and our registration number is 12872501.

22.2 Our self-employed and employed psychologists are registered as Psychologists with HCPC in the United Kingdom and are subject to professional and ethical guidelines, which can be found at https://www.hcpc-uk.org/standards/standards-of-conduct-performance-and-ethics/.

Our self-employed therapists are registered as therapists with BACP in the United Kingdom and are subject to professional and ethical guidelines, which can be found at: https://www.bacp.co.uk/events-and-resources/ethics-and-standards/ethical-framework-for-the-counselling-professions/

22.3 Our self-employed and employed associates subscribe to code of conduct of their professional body, which can be consulted electronically at https://www.hcpc-uk.org/standards/standards-of-conduct-performance-and-ethics/; https://www.bps.org.uk/guideline/code-ethics-and-conduct ; https://www.bacp.co.uk/events-and-resources/ethics-and-standards/ethical-framework-for-the-counselling-professions/

23. Our details

23.1 This website is owned and operated by Resilient Wellbeing Ltd.

23.2 We are registered in England and Wales under registration number 12872501, and our registered office is at Unit 2, Bedford Mews, East Finchley, London, N2 9DF.

23.3 Our principal place of business is at Office 112, 165 The Broadway, Wimbledon, London SW19 1NE.

23.4 You can contact us:

(a) by post, to the postal address given above;

(b) using our website contact form;

(d) by email, using the email address published on our website.

24. Medical information disclaimer

24.1 No advice

24.2 Our website contains general medical information.

24.3 The medical information is not advice and should not be treated as such.

25. No warranties

25.1 The medical information on our website is provided without any representations or warranties, express or implied.

25.2 Without limiting the scope of Section 2.1, we do not warrant or represent that the medical information on this website:

(a) will be constantly available, or available at all; or

(b) is true, accurate, complete, current or non-misleading.

26. Medical assistance

26.1 You must not rely on the information on our website as an alternative to medical advice from your doctor or other professional healthcare provider.

26.2 If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.

26.3 If you think you may be suffering from any medical condition, you should seek immediate medical attention.

26.4 You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website.

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