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Terms and Conditions – The Happy Practice Club

Membership Terms and Conditions

1. Application of terms and conditions

1.1. These terms and conditions (“Terms”) apply to THE HAPPY PRACTICE CLUB (“Membership”) operated by Audrey Zannese, sole trader trading as Step Into Sophrology (“we” or “us”). By applying to be a member of our Membership, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere. The agreement between us and you, the person applying to be a member of our Membership (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon you applying to be a member of our Membership and shall continue until terminated in accordance with these Terms.

1.2.    These Terms should be read in conjunction with our Terms of Use detailing our Website Terms of Use, Acceptable Use Policy and Privacy Policy (all of which can be found on our website www.stepintosophrology.co.uk (“site”)).

1.3.    Any content posted or submitted by you to our site and to our Facebook Group in the course of your Membership is subject at all times to the Acceptable Use Policy.

2. Membership

2.1.  There is only one level of Membership.

2.2 We may at our absolute discretion refuse membership and we shall not be obliged to state our reasons for such refusal.

2.3 Memberships shall continue unless they are terminated by either of us in accordance with clause 6 below.

2.4 You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorised use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability that arises from any unauthorised use of your account.

2.5 The online materials of the Membership are held on third party secure servers and we have taken all reasonable steps to ensure that the online content will be available at all times during the course of the Membership but in the event that such content (or any content added by you or other participants in the Membership) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.

2.6 The materials we deliver as part of your Membership do not in any way constitute advice or recommendations. We are providing training and guidance only. We are not able to advise you on your individual circumstances.

3. Access to Services - Subscription and Quality

3.1. The Services consist of two live sophrology sessions per month delivered via Zoom as described on the product detail page. The sessions will be recorded. You’ll be allowed to access content directly from the members area at any time you like during the term of your membership.  The membership also includes access to a private Facebook group.

3.2 In the event that a sophrology session cannot be delivered by Audrey Zannese at the indicated date and time, the session may be delivered by another qualified sophrology practitioner. Alternatively if the date has to be changed, we will provide you with as much notice as is possible but we shall not be liable to you in any way for any change to such dates and times.

3.3 Live sessions shall start and end at the scheduled times. If you are late for a session, as much as possible we’ll try to let you in. However, if the practice has already started, you will not be admitted to the Zoom session. Please try to be as punctual as possible.

3.4 We make no guarantees as to the resolution and quality of the digital content when streaming. The quality and speed of your stream of digital content has many different variables, including your connection speed, location, download speeds, devices, player and bandwidth.

4. Payment

4.1.    The total price payable for the Membership is as set out on the payment link. You may make payment via the methods that are specified on the payment link. You’ll be required to pay for the membership at the time of purchase and then every following month on the same date each month. Where the payments are stated on to be made in instalments or are recurring payments, you agree that we may take these payments automatically without any further consent or notice from you. You agree to pay all fees and charges associated with your account on a timely basis.

4.2.    Where your order is for a 12 month membership, you’ll be required to pay for the membership at the time of purchase and then every following year on the same date each year. Where the payments are stated on to be made in instalments or are recurring payments, you agree that we may take these payments automatically without any further consent or notice from you. You agree to pay all fees and charges associated with your account on a timely basis.

4.3.    Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the date due we reserve the right to suspend the Membership until such time as payment is made or the Contract is terminated.

4.4.    All payments are non-refundable other than as set out in paragraph 7.2 and 7.3 below.

5. Our obligations

5.1.    We warrant to you that the Membership is of satisfactory quality and reasonably fit for the purpose for which you purchased the Membership.

5.2.    Other than as set out in paragraph 5.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of sophrology and the fact that your success is dependent on a number of factors over which we have no control, we do not guarantee any particular results.

5.3.    We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.

5.4.    You acknowledge and agree that your personal data will be processed by and on behalf of us as part of us providing the Membership to you and consent to us using it in accordance with our Privacy Policy.

6. Intellectual Property

6.1.    We are the owner of all Intellectual Property Rights and all other rights in the materials provided to you by us as part of the Membership (“Materials”) and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Materialsto you or to any other person.

6.2.    You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the Materials.

6.3.    We grant to you a limited, non-exclusive, non-transferable, non-sub licensable, revocable licence to use all or any of the Materials for the purposes for which the Membership was provided only.

6.4.    Except as set out in paragraph 6.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.

6.5.    You may not without our prior written consent make any audio or visual recordings of any part of our Materials.

6.6.    We may from time to time record any or all or any part of the Materials being delivered during your attendance.  You authorise us to use your image and voice in any such recordings (and to make use of such recording in any way we think fit) without payment, other condition or need for further consent.

6.7.    You acknowledge that certain information contained in the Materials is already in the public domain.

6.8.    You are not permitted to sell or promote products or services to other members of our Membership at any time without our prior written permission.

6.9.    The provisions of this paragraph 6 shall survive termination of the Contract.

7. Term and termination

7.1.    The Contract shall continue until your membership expires, other than for the Terms that are specifically stated to remain in force which will survive termination of the Contract.

7.2.    You may cancel your monthly membership at any time by emailing us at info@stepintosophrology.co.uk giving 7 days notice to cancel your account. Subject to paragraph 7.3 below, no refunds will be provided. Where you have set up recurring payments, it is your responsibility to terminate these payments.

7.3 As a new member you may cancel your monthly membership and request full refund within your first 14 days of joining the membership for the first time on a monthly membership only. This excludes new members joining on an annual membership. Outside of your first 14 days we don’t offer refunds, but you can still cancel your monthly membership at any time.

7.4 Existing or returning members, who have joined again, may cancel their membership via the same methods as mentioned above, however, payment will not be eligible for a refund. You will continue to have access to the membership until you cancellation takes effect on the day or so before your next billing date.

7.5 For annual subscriptions, you may cancel your membership at any time, meaning it will not renew after the initial 12 months. We do not offer refunds on annual membership subscriptions.

7.6 Switching from an annual membership to monthly membership is not possible during your first 12 months, however if at the end of your 12 month membership you would prefer to pay monthly instead we can help yo with this.

7.7.    On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).

7.8.    Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.

7.9.    This paragraph 7 shall survive termination of the Contract.

7.10.    Where the Contract expires, this shall be treated as a termination for the purposes of all paragraphs that refer to “termination”.

8. Liability

8.1.    We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing the Membership.

8.2.    Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the Membership.

8.3.    If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

8.4.    We shall not be not liable for additional costs incurred by you as a result of changes in (i) the Membership, (ii) any of the Materials, (iii) the location of venues, (iv) the time and date of sessions or (v) trainers, instructors or coaches.

8.5.    Nothing in this paragraph 8 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

8.6.    The provisions of this paragraph 8 shall survive termination of the Contract.

8.7.    You acknowledge and agree that:

8.7.1.    The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Membership (which shall be deemed to have been terminated by mutual consent);

8.7.2.    in entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Membership other than as expressly set out in the Contract.

9. General

By registering for our Programme you warrant that:

  • You are legally capable of entering into binding contracts; and
  • You are at least 18 years old; and
  • That all information you provide us with is materially true and accurate at all times and not misleading in any way; and
  • You do not suffer from any of the following conditions:
    • Psychotic disorders (including but not limited to schizophrenia, delusional disorder, borderline personality disorder, substance induced psychotic disorder or psychotic disorder due to a medical condition)
    • Involuntary fits resulting in momentary loss of consciousness from conditions such as, but not restricted to, epilepsia; and
  • You will not attend sessions under the influence of recreational drugs or alcohol; and
  • You understand that any information or guidance we provide is not a substitute for the consultation, diagnosis, and/or medical treatment of your doctor or healthcare provider. You must not rely on any information or guidance we provide you with as an alternative to medical advice from your doctor or healthcare provide and we expressly disclaim all responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered by you or any third party as a result of your reliance on any information or guidance we provide you with.

9.1.    By applying for Membership you warrant that:

  • 9.1.1.    You are legally capable of entering into binding contracts; and
  • 9.1.2.    You are at least 18 years old; and
  • 9.1.3.    That all information you provide us with is materially true and accurate at all times and not misleading in any way.

9.2    You do not suffer from any of the following conditions:

  • Psychotic disorders (including but not limited to schizophrenia, delusional disorder, borderline personality disorder, substance induced psychotic disorder or psychotic disorder due to a medical condition)

Involuntary fits resulting in momentary loss of consciousness from conditions such as, but not restricted to, epilepsia; and

9.3    You will not attend sessions under the influence of recreational drugs or alcohol

9.4    You understand that any information or guidance we provide is not a substitute for the consultation, diagnosis, and/or medical treatment of your doctor or healthcare provider. You must not rely on any information or guidance we provide you with as an alternative to medical advice from your doctor or healthcare provide and we expressly disclaim all responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered by you or any third party as a result of your reliance on any information or guidance we provide you with.

9.5    You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent. We can transfer all or any of our rights and obligations under these Terms at any time.

9.6    You accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our site.  You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

9.7    These Terms and any dispute or claim arising out of or in connection with it shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts.