Terms & Conditions
Terms of Supply
This page (together with the documents referred to on it) tells you the terms on which we supply any of the products (Products) and courses, workshops, lectures and seminars (collectively, Events) listed on this website (our site) to you, whether we conclude the contract for such supply electronically or by telephone. Please read these terms of supply carefully before ordering any Products or Events from us. You should understand that by ordering any of our Products or Events, you agree to be bound by these terms of supply. Please understand that if you refuse to accept these terms of supply, you will not be able to order any Products or Events from us.
1. Information about us
This site is operated by Nicola Parker under the brand name Stronger Than Your Mind (we or us).
2. Your status
By placing an order with us, you warrant that:
a. you are legally capable of entering into binding contracts; and
b. you are at least 18 years old and that you take full responsibility of your health and safety, specifically your mental health in relation to any and all services.
3. Consumer rights and cancellation
Digital products do not fall within the ‘cooling off’ 7 day period required under UK Law. If you have an issue with a product you have purchased, please email email@example.com and we will respond within 48 working hours.
Thearpy sessions are non refundable and do not fall within the ‘cooling off’ 7 day period required under UK Law.
You have a right to cancel any therapy monthly subscription service but an email must be sent to firstname.lastname@example.org giving a minimum of 4 weeks paid notice.
4. Risk and title in Products
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
5. Price and payment
1. The price of the events, products (including digital downloads) and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
2. Prices stated on our site include VAT.
3. Butterfly and VIP Butterfly subscriptions to the Stronger Than Your Mind Academy are both a minimum of 3 months subscriptions. If you cancel during the 3 month period you will invoiced for the full remaining balance due and it will be payable within 14 days recipt of the invoice. If you fail to pay legal proceedings will commence within a resonable time frame.
4. Event prices, Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
5. It is always possible that, despite our best efforts, some of the Products and/or Events listed on our site may be incorrectly priced. We will normally verify prices as part of our Order Confirmation procedures. If the correct price of a Product or Event is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions or reject your order and notify you of such rejection.
6. We are under no obligation to provide any Product or Event to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been
recognised by you as an error.
7. If we agree with you that you may pay for a Product or Event in instalments, then each instalment must be paid by its due date (as notified by us to you).
8. If you fail to make any payment due to us by the due date for payment then, without limiting our other remedies, we may:
a. charge you interest on the overdue amount at the rate of 4% per annum above Barclays Plc’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You shall pay the interest immediately on demand;
b. charge any reasonable debt collection costs incurred in pursuing the debt, such costs to be payable by you on demand;
c. refuse you entry to any Event (whether or not your booking on any such Event was a free bonus place for which you did not pay a specific fee);
d. refuse to provide you with any Event materials; and/or
e. refuse to provide you with any Products that you have ordered from us, whether or not you have paid for them.
6. Our refunds policy
1. If you change your mind after purchase, you are not entitled to a refund. We look at all cases on an individual basis – please email email@example.com and we will reply to you within 48 working hours.
2. Digital products do not fall within the 7 day ‘cooling off’ period required by UK Law.
3. We may close Facebook groups and refuse membership to Facebook groups at our discretion and without notice. Facebook groups are free bonuses and do not constitute a paid element of a Product or Service.
4. Therapy sessions are non refundable. Once you have paid your subscription cost that is non refundable, even if you decide not to go ahead with the sessions.
5. There is no refund for any sessions already had.
6. No refunds will given for any subscriptions to the Stronger Than Your Mind Academy
7. Intellectual Property
1. All intellectual property rights (including but not limited to copyright) in all Products, Events and Event materials at all times belong to and shall remain vested in us and neither you nor any other person shall obtain any intellectual property rights or any other interest, right or title whatsoever in or to any Product or any Event materials or any part thereof save as otherwise expressly granted under these terms of supply.
2. If you purchase an Event for which we provide you Event materials, we hereby grant you a non-transferable, non-exclusive licence to use those materials strictly for the purpose of participating in the relevant Event and for your own educational, noncommercial purposes.
3. You shall ensure that such course materials are only made available to and accessed by you in accordance with clause 10.2 and you must not make available, copy, reproduce, disseminate, retransmit, sub-license, distribute, sell, publish,
broadcast or otherwise supply in any medium and in any manner any such materials (or any part of them) to any third party.
1. We warrant to you that:
a. any Product purchased from us will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied; and
b. we will perform our obligations under the Contract with reasonable care and skill.
2. All other conditions, warranties or other terms which might have effect between you and us or be implied or incorporated, whether by statute, common law or otherwise, are hereby excluded to the fullest extent allowed by applicable law.
9. Data Protection
1. In relation to any personal data provided to us by you or on your behalf, you agree that we may use such personal data to perform our obligations and enforce our rights under any Contract.
10. Our liability
1. Nothing in these terms of supply excludes or limits our liability for:
a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation; or
c. any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
2. Our maximum aggregate liability in respect of any claim arising out of any Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total sum paid for the particular Product and/or Event giving rise to the claim.
3. We will not be liable in contract, tort (including negligence), breach of statutory duty or otherwise for losses that fall into any of the following categories:
a. loss of income or revenue;
b. loss of business;
c. loss of profits;
d. loss of anticipated savings;
e. loss of data;
f. loss of goodwill;
g. loss of contract;
h. waste of management or office time; or
i. any special, indirect, consequential or pure economic loss which arises out of or in connection with these terms of supply even if we had been advised of the possibility of such loss.
4. We shall have no liability for any failure or delay in the performance of any of our obligations where any such failure or delay is due to any act or omission by you or any third party.
5. You assume sole responsibility for the selection, suitability and use of any Products or Events.
11. Import duty
1. If you order Products from us they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we
have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
12. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. You accept that communication with us may be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, 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.
All notices given by you to us must be given to us at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received by you and properly served on you immediately when posted on our site, 24 hours after an e-mail is sent to you, or three days after the date of posting of any letter to you. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified email address of the addressee.
14. Transfer of rights and obligations
1. The contract between you and us is binding on you and us and on our respective successors and assignees.
2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. In particular, you may not transfer to anyone else your place on an Event.
3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time.
15. Events outside our control
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a. strikes, lock-outs or other industrial action;
b. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e. impossibility of the use of public or private telecommunications networks; and
f. the acts, decrees, legislation, regulations or restrictions of any government.
3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms of supply, or if we fail to exercise any of the rights or remedies to which we are entitled
under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
2. A waiver by us of any default will not constitute a waiver of any subsequent default.
3. No waiver by us of any of these terms of supply will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms of supply or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire agreement
1. These terms of supply and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
2. We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not expressly set out in these terms of supply.
3. Each of us agrees that our only liability in respect of those representations and warranties that are expressly set out in these terms of supply (whether made innocently or negligently) will be for breach of contract.
4. Nothing in this clause limits or excludes any liability for fraud.
19. Our right to vary these terms of supply
1. We have the right to revise and amend these terms of supply from time to time.
2. You will be subject to the policies and terms supply in force at the time that you order Products or Events from us.
20. Law and jurisdiction
Contracts and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any such dispute or claim will be subject to the nonexclusive jurisdiction of the courts of England and Wales.
21. Therapy sessions
Therapy sessions mean any one to one session provided either in person or via an online video or audio platform.
1. Therapy sessions will be carried out by Nicola Parker unless otherwise stated and agreed by all parties.
2. The type of therapy provided will be person centred counselling as well as general advice and support from life experience and necessary qualifications obtained by the therapist such as but not excluding personal training and nutrition.
4. Therapy sessions may involve homework that is needed to be completed and the time frame of completion will be discussed when given. It is your responsibility to ensure any homework given is completed in the time frames given in order to get the most out of your therapeutic experience with us.
5. The goal of therapy will be discussed by both parties and anything outside of the original goal may require additional purchase of sessions based on discretion by us.
6. It’s is your responsibility to take care of your mental health, safety and well being during and concluding any therapy sessions. There is 24/7 immediate support available via the Samaritans UK on 116 123 and you can present yourself at your local Accident and Emergency department if at any time you feel you are mentally or physically unsafe. I advice if you are having any suicidal thoughts that you do use one of the above services or attend your GP immediately.
7. Therapy may cause you to feel worse during sessions and sometime after depending on how you engage with the services. I take no responsibility for any mental conditions becoming worse as a result of our therapy sessions or any work undertaken.
8. I will record information from our sessions that will be stored securely and confidentially. You can access your records at any time on request. All data stored is in compliance with current data protection laws in the UK.
All information shared during therapy sessions is confidential unless
a) I believe you are at risk of death or injury.
b) I believe a child, adult or animal is at risk of death or injury.
c) I believe any criminal activity is taking place or is intending to take place.
10. Termination of therapy
Therapy sessions can be terminated at immediate effect without notice and or any refund of fees at my discretion. For reasons not exclusive to but including examples such as violence, aggression or sexually explicit nature.
1. If you wish to terminate therapy sessions you may do so by way of the relevant clauses above any invoices outstanding need to be paid in full. Any monies already paid will be non refundable.
2. If the duration of sessions have not been set and you are on a recurring monthly payment subscription 4 weeks notice must be provided via email to email@example.com
11. Missed therapy sessions and holidays
If you pay via a monthly subscription and an appointment is cancelled or not available by us, an alternative appointment day & time will be suggested. If you are unable to make that suggested alternative it does not entitle you to a refund of that session/s.
1. If I have a holiday during the month you have paid for a set amount of sessions I will give you at least 7 days notice of the holiday and its duration. Payment is still necessary and I may or may not still carry out your session from my holiday depending on any discussions between us and my discretion.
2. If you can not attend a therapy session for whatever reason a refund will not be given and I am at no discretion to offer you an alternative date and time for that session.