The website www.nowaiting.co.uk (hereinafter referred to as “the website”) is owned and operated by “Nowaiting Ltd.” trading as “Nowaiting Clinical Hypnotherapy” (hereinafter referred to as “the Company”) with a registered office at 82 King Street, Manchester, M2 4W, UK.
These Terms and Conditions apply to all users who access and/or use or attempt to access and/or use the website for online advice and professional consulting services on clinical hypnotherapy.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, THE USER CONFIRMS THAT THE USER IS AT LEAST 18 YEARS OF AGE AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF THE USER DOES NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT CONTINUE USING THIS WEBSITE ANY LONGER. NOWAITING LTD. MAY MODIFY THIS TERMS AND CONDITIONS DOCUMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE SAME ON THE WEBSITE. THE USER AGREES TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND THE USER’S CONTINUED ACCESS OR USE OF THE WEBSITE SHALL BE DEEMED THE USER’S CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS.
NATURE OF ADVISORY CONTENT OFFERED THROUGH THIS WEBSITE
The Website allows users to choose a Therapist and ask questions or request advice and/or other treatment services directly from such Therapist through video sessions conducted via Skype and/or other audiovisual software platforms. The user must have access to and know how to use Skype/ other appropriate software to undergo any treatment through this Website. After finding a suitable Therapist, the user can communicate directly with the Therapist and pay for the services offered by such Therapist.
The user acknowledges and agrees that all advice or information provided by the Therapists through this platform are provided for informational purposes only and cannot be considered a substitute for a face-to-face physical examination of the user by a doctor or other health professional. Users should not rely on or make health decisions based on advice provided by any Therapist on the Therapist Platform. Company strongly recommends that a user seeking medical or mental health advice make an appointment for an examination in person with a qualified professional.
The Company bears no responsibility and is in no way liable for the accuracy or availability of the Therapist, (b) the willingness or ability of any Therapist to give advice, (c) whether the user shall find an Therapist’s advice relevant, useful, accurate or satisfactory, (d) whether the advice of the Therapist will be responsive or relevant to the user’s question, or (e) whether the Therapist’s advice will otherwise be suitable to the user’s needs. The Company does not take responsibility for verifying the skills, degrees, qualifications, credentials or background of any Therapists. It is strongly recommended that the user independently verify the skills, degrees, qualifications, credentials and background of each Therapist from whom he or she receives or contemplates to receive advice or services.
To be eligible to receive, use and access the services provided on our website, the user must be at least 18 years of age.
The user must notify us immediately in writing if the user becomes aware of any unauthorised use of the treatment sessions provided.
The user is responsible for maintaining the confidentiality of their chat session and login information. The Company cannot and will not be liable for any loss or damage arising from the user’s failure to comply with the above requirements.
BOOKING OF SERVICE
All users can use the search engine on the Platform to locate a Therapist on the basis of the given inputs (e.g. location, services provided, rating) and execute a booking with the same after entering his personal details and Skype and/or other audiovisual software platform ID with an optional short message. The chat services of the website are available to all irrespective of membership, and initially no registration is compulsory to use the same.
The user can either choose the “Treat Now” option which provides the immediate next available booking of a Therapist subject to availability. Alternately, the user can choose a personalised Treatment Booking by opting for a specific Therapist at a specific time. The final appointment availability will be decided by the Therapist carrying out the treatment, which usually occurs daily at the following times – 10:00 am, 12:00 pm, 2:00 pm, 4:00 pm and 5:30 pm.
Thereafter the user needs to agree to the Terms and Conditions and pay a £5 booking fee through the PayPal button on the Website. The booking will then be confirmed by an email acknowledging receipt of the booking, and will include information like the time of the booking, the booking fees and the Therapist´s special terms and conditions (if any). The user may then click on the specified link in this email to begin the treatment at the specified time.
As per Company policies, people who are below 18, or are suffering from neurological disorders or other terminal illness may not be treated.
All communication with clients shall be made ‘in confidence’. Payment details of users that will be submitted for a successful booking will be provided directly to the payment provider via a secured connection. The user must retain a copy of the transaction records and Merchant policies and rules for future reference.
For confidentiality purpose, the user may not see a real time video of the Therapist during the session, and a still image may act as a representation for the Therapist. However, this will, in no way, affect the effectiveness and/or functionality of the therapy or reduce its quality in any manner whatsoever.
FEES AND PAYMENT
The sessions are chargeable according to pre-set timing options (such as $20 for 30 minutes session; $60 for 60 minutes etc) which will be presented to the user at the time of the booking. An initial booking with a particular set rate will neither imply nor guarantee future bookings taking place at the same rate. All pre-set booking time options are subject to revision from time to time and it is the user’s responsibility to ensure the correct option has been chosen by him/her at the time of confirming the booking.
For sessions which run longer than the pre-set options, the User maybe charged on a per minute basis as measured on the Company’s server or at a rate as agreed with the chosen therapist. If charged on a per-minute basis, charges will be rounded up so that any part of a minute is considered a full minute of time charges.
Over and above, a £5 Reservation Fee will be charged on all bookings.
The users are requested to pay the outstanding balance of the pre-set treatment price at any time between the ‘reservation time’ and ‘time at which the treatment starts/‘treatment start time’.
The Reservation Fee is non-refundable under all circumstances. Any request for refunds need to be made within 24 hours of the completion of the session and shall be adjudged at the sole discretion of the Company.
The user will be solely responsible for paying all fees incurred for the treatment as soon as the same is billed by the Therapist at the start of the session, or at the end of the session, as applicable.
The user shall also be responsible to reimburse Company for any expenses incurred by Company to collect fees, including but not limited to any fees resulting from incorrect credit card information or fees incurred under a user’s account disputed in violation of this Agreement. If a payment method is invalid and a user incurs any past due amounts, Company reserves the right to charge the user’s payment method or any payment methods associated with the user’s account for any past due amounts (including any taxes and late fees, as applicable) until such amounts are paid in full.
Failure to timely pay for the billed sessions will result in appropriate legal action.
The Company’s billing system is not fault-free; therefore the Company shall not be liable for any problems, miscalculations or malfunctions in processing the payments owed by the user. However, a user may raise a complaint for miscalculation by contacting the Website Support Section or calling us at 0161 935 8017.
CANCELLATIONS AND REFUNDS
If a user needs or wishes to change or cancel the booking (time/date) after he/she has received the confirmation email, he/she may change or cancel the booking directly on the Platform free of charge up to forty-eight (48) hours prior to the booking. If the user cancels a booking less than 48 hours before the appointment, the full booking price will be charged on the user’s credit/debit card.
If the user fails to notify the Therapist about any cancellation and/or does not show up at the scheduled appointment, 50% of the full booking price will be charged on the user’s credit/debit card.
If the user cancels the booking and is not entitled to a refund under the terms of these T&C, the user gives Nowaiting Ltd and the Payment Facility his/her expressed consent to deduct the booking amount from his/her credit card.
Applicable refunds will be completed only through the Original Mode of Payment.
ACCEPTABLE USE OF WEBSITE
Subject to the other provisions of these Terms and Conditions the user may: view, download and print pages from our website, stream audio and video files from our website and use our website services for legitimate use by means of a web browser.
The user must not:
- 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 or accessibility of the website and/or its services
- 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
- 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
- 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
- access or otherwise interact with our website using any robot, spider or other automated means
- violate the directives set out in the robots.txt file for our website
- use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)
The user must ensure that all the information the user supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
USER CODE OF CONDUCT
By using, accessing and contributing to the website, the user represent, warrant and agree to the following:
- The information furnished by the user in the registration form is accurate, true, current and complete, and the user will maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
- The user are solely responsible for verifying the Therapist’s identity, qualifications, credentials, biographic information, licenses held and other information.
- All interactions between the user and a Therapist will be billed by the Therapist through the online platform regardless if the interaction is online or offline. The user agrees to abide by the pricing terms agreed upon with a Therapist while using the website and to pay to Company all fees for services rendered to the user by Therapists.
- The user will not take any actions that may undermine, disrupt or manipulate the working functionality and integrity of the Website.
- The user will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity.
- The user will not stalk, threaten or harass any Therapist or other user(s) or infringe upon or attempt to infringe upon their privacy.
COMMENTS AND FEEDBACK
Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Nowaiting Ltd does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Nowaiting Ltd, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Nowaiting Ltd shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Nowaiting Ltd reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
The user warrant and represent that:
- The user are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
SUSPENSION OF ACCOUNT
The Company reserves all right to suspend/edit/delete any account subscription at its sole discretion without any prior notice or explanation if it has enough reason to believe that the user is in breach of these Terms and Conditions.
WARRANTIES AND DISCLAIMERS
If a user decides to rely on information provided by a Therapist, user must do so at his/her own risk after exercising a high level of care and caution. The Company does not review, endorse, recommend, verify, evaluate, warrant or guarantee the qualifications, expertise, claims or background of any Therapist or any opinion, response, advice, prediction, recommendation, information or other service provided by any Therapist. Nothing contained in these Terms and Conditions or on the Website shall be considered as a referral, endorsement, recommendation, verification, warranty or guarantee with respect to the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any content, opinion, response, advice, prediction, recommendation, information or other service provided by any Therapist or otherwise made available on the Website, including any biographical information, qualifications, or other information spoken or written by any Therapist or contained in or made available on the Website or any other associated forum.
Company may enable the transfer of files between users and Therapists. When opening such file attachments received from Therapists it is the user’s responsibility to scan them with an anti-virus software application prior to opening them. The Company bears no responsibility of any harm caused by any malicious virus/software that may be transmitted intentionally or unintentionally via such transfers.
The Company will not be liable for enforcing any agreement that was made between an Therapist and a user, including a user fee agreement. user will be solely responsible for any agreement made with a Therapist.
LIMITATION OF LIABILITY
Under no circumstances will Nowaiting Ltd. And/ or any of its directors, shareholders, employees, sub-contractors and agents be liable for any incidental, consequential, or indirect damages (including, but not limited to, physical harm, loss of profits, business interruption, loss of goodwill and the like) arising out of the use or inability of use of the service/ information provided on or downloaded from the website, or any delay in the processing of such information or services.
In the event applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law, and the maximum liability to Company will be capped at £10. The user agrees that this clause is fair and reasonable and acknowledges that £10 amounts to a reasonable financial amount for the damages that could be incurred by the user. This section (limitation of liability) shall survive termination or expiration of this Agreement.
Notwithstanding the above, nothing under these Terms and Conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence
(b) limit or exclude any liability for fraud or fraudulent misrepresentation
(c) limit any liabilities in any way that is not permitted under applicable law
(d) exclude any liabilities that may not be excluded under applicable law
The user agrees to indemnify, defend and hold harmless Nowaiting Ltd, its officers, directors, employees, agents, licensors, consultants, representatives and agents from and against all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with (a) the user’s use of the Site, (b) the user’s violation of these Terms and Conditions, (c) the user’s refusal to pay for services provided by any Therapist (d) the user’s violation of applicable laws or regulations or (e) the user’s user Content. Company reserves the right, at the user’s expense, to assume the exclusive defence and control of any matter for which the user are required to indemnify us, and the user agree to cooperate with our defence of these claims. The user agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify the user of any such claim, action or proceeding upon becoming aware of it. This section shall survive expiration or termination of this Agreement.
All contents displayed in the Website are owned and/or licensed by Nowaiting Ltd and are protected by international laws on patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names and other applicable rights. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
The user may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the website, including text, graphics, code and/or software. The user may print and download portions of material from the different areas of the site solely for the user’s own non-commercial use provided that the user agree not to change or delete any copyright or proprietary notices from the materials.
The user agrees to grant to Nowaiting Ltd a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) the user submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Nowaiting Ltd by all means and in any media now known or hereafter developed. The user agrees that the user shall have no recourse against Nowaiting Ltd. for any alleged or actual infringement or misappropriation of any proprietary right in the user’s communications to Nowaiting Ltd.
THIRD PARTY CONTENT AND THIRD PARTY WEBSITES
The Platform may contain advertising submitted by third parties. Such third parties are solely responsible for the content of such advertising and for ensuring that it complies with all relevant legislation and regulations. Nowaiting Ltd does not accept any responsibility for the content of any third party advertising.
The Platform and/or the contents may contain links to third party websites (including those of the Partners). If the user decides to visit any third party site, he/she does so at his/her own risk. The Company is not responsible or liable directly or indirectly for the content, accuracy or opinions expressed in such websites or the standard of goods or services available through or on such websites. Unless expressly stated otherwise, links do not imply that the Company or the Platform is, affiliated to or associated with such sites.
The Company´s communications with the user may contain information sourced from third party websites. Content from a third party site will be marked as such and a link to the source website may be provided. The Company accepts no responsibility or liability for any content supplied by or contained on any third party website which is linked from communications with the user, or any use of personal information by such a third party.
The inclusion of any link in the Company’s communication with the user does not imply endorsement by it of the linked site. If a user decides to access linked third party websites, he/she does so at his/her own risk.
Please remember that when a user uses a link to go from the Platform to another website, these T&C (including Privacy and Cookies Policy) will no longer be applicable.
The communications between the user and Company use electronic means, whether the user use the Site or send us emails, or whether Company posts notices on the Site or communicates with the user via email. For contractual purposes, the user (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to the user electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.
Nothing mentioned in these Terms and Conditions will make either Party the employee, partner, agent, legal representative, trust or joint venturer of the other for any purpose whatsoever, nor does it grant either Party any authority to assume or to create any obligation on behalf of or in the name of the other.
This Agreement shall be governed by and construed in accordance with the laws of England. All disputes between the parties as to the validity, execution, performance, interpretation or termination of this Agreement will be submitted to the exclusive jurisdiction of the English Courts.
Each party will bear their own respective legal costs of and incidental to the negotiation, any variation and execution of these Terms and Conditions, and the enforcement or attempted enforcement of respective rights, remedies and powers under the same.
Except when specifically mentioned, neither party may assign any right, interest or obligations under these Terms & Conditions without prior written consent of the other party.
The failure of either party to require or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance.
In the event of the invalidity of any part or provision of this Agreement such invalidity will not affect the enforceability of any other part or provision of this Agreement.
Last Updated: 31 December, 2016