Terms & Conditions ("T&Cs")
These terms and conditions apply to Services provided by CLUB CHI / The Healing Tree of 48 Salisbury Road, Penenden Heath, Maidstone, Kent, ME14 2TX, UK (“CLUB CHI” or “we” or “us”).
You may contact us on email@example.com and/or +44 (07790 385809.
These terms and conditions are in addition to the Session Disclaimer within our emails and apply to the partaking/sale of any Virtual Vitality Day ("VVD") and/or workshops/courses ("Workshops"). Please read these terms and conditions carefully before purchasing a Virtual Vitality Day ticket and/or workshop/course and print off a copy for your records.
For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients/attendees, finances and other areas of the other party’s business or products, including, without limitation, VVD/Workshop Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“VVD Materials” means the information provided by CLUB CHI to accompany a VVD provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to CLUB CHI for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Workshop/Course” means the delivery by us of an online workshop or course pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Workshop/Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone or email.
“Taught Course” means a course taught by us in a workshop setting to which you attend in person.
“you” means the individual purchasing the Services.
2. The Services
2.1. A description of the Services/Event together with the dates on which the Services/Event will begin are available on our Website. We will provide the Services/Event with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services/Events described on the Website without notice.
2.3 We expect you to confirm that the Services/Events you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result from your purchase and completion of any of the Services/Events.
3. Ordering Services/Events
Purchasing Services/Events via the Website
3.1. In order to purchase any of the Services/Events on-line you must complete the transaction via the Website.
Purchasing Services/Events via the Telephone
3.2. To purchase a Service/Event over the telephone please call +44 (0)7790 385809. To date, payment cannot be taken via the telephone so transactions to be completed via BACS/email or via the Website.
3.3. When you place an order for a Service/Event via the Website, or telephone you are offering to purchase the Services on these terms and conditions. CLUB CHI reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.
3.4. Following receipt by us of your order for Services/Events via the Website or by BACS/email we will contact you confirming receipt of your order.
3.5. A legally binding agreement between us and you shall come into existence when we have :
(a) accepted your offer to purchase Services/Events from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
4. Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services/Events being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted within 14 working days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services/Events.
4.2. If you have purchased an Online Service/Event and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Service/Event then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services/Events and any other cancellation and / or variation of Services/Events dates will be at the entire discretion of CLUB CHI.
5.1. The Fees for the Services shall be as set out on the Website or as told to you over the telephone at the time you placed an order for them.
5.2. Fees for the Service selected by you on the Website or purchased over the telephone shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you attending any Service/Event.
5.3. Any fees charged by your debit or credit card provider in connection with your purchase of Services/Events are for your own account and CLUB CHI shall not be responsible for these.
5.4. You shall be responsible for all costs you incur in connection with your attendance at any Services/Events.
6.1. Although CLUB CHI aims to provide the Services/Events to the highest standards, neither it, nor its instructors accept any liability for (i) any inaccuracy or misleading information provided in the Service/Event and any reliance by Client on any such information, (ii) any loss of profit, revenue or goodwill, or (iii) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.2. CLUB CHI accepts no liability for injury caused to oneself when partaking in any Service/Event. Guidance is provided during the Services/Events but overall responsibility for your health and safety remains with you.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services/Events. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4. Subject to clause 6.5 below, CLUB CHI's total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service/Event (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Service/Event in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit CLUB CHI’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
6.6. No claim may be brought more than six months after the last date on which the Services/Events concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials, Online Services/Events and the speeches made by CLUB CHI are, and remain, the intellectual property of CLUB CHI, whether adapted, written for or customised for the Client or not.
7.2. You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Online Services/Events Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Services/Events given
(iii) use the Service/Event Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of CLUB CHI on the Service/Event Materials.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services/Events.
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services/Events with immediate effect in the event that you:
fail to pay when due your Fees;
act in an aggressive, bullying, offensive, threatening or harassing manner towards CLUB CHI and/or any attendee;
intentionally or recklessly damage our property or the property of our employees or other students attending our premises;
are intoxicated through alcohol or illegal drugs while on our premises;
commit any criminal offence committed on our premises or where the victim is CLUB CHI and/or an attendee;
are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights) and 8 (confidentiality) shall continue notwithstanding such termination.
10. Entire Agreement
These terms and conditions, together with any individual Session Disclaimer are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
11. Force Majeure
CLUB CHI shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
12. Data Protection
12.1 The nature of the Services/Events provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
12.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services/Events you have purchased and otherwise as required during the normal provision of the Service/Event.
12.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and provide you with communications. We will not pass any personal data onto anyone outside of CLUB CHI.
12.4. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
12.5. CLUB CHI endeavour to take all reasonable steps to protect your personal Data, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting online over the internet and will not hold us responsible for any breach of security.
12.6. If you wish to change or update the data we hold about you, please e-mail firstname.lastname@example.org or contact us on +44 (0)7790 385809.
13. Law and Jurisdiction
This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.
You can contact us by any of the following methods:
Post: CLUB CHI, 48 Salisbury Road, Penenden Heath, Maidstone, Kent, ME14 2TX
Telephone: +44 (0)7790 385809