Terms & Conditions
AGREED TERMS & CONDITIONS OF MEMBERSHIP
Your attention is particularly drawn to the provisions of clause 13 (Limitation of liability).
1. About us
1.1 Who we are. The Somatic Experiencing Association UK CIC (we and us) is a UK Community Interest Company and our operating address is at 53, Stramongate, Room 15 Stramongate House, kendal, Cumbria LA94BH. We operate the website www.seauk.org.uk (the Site).
1.2 Contacting us. To contact us, please email us at firstname.lastname@example.org. How to give us formal notice of any matter under the contract between us (the Contract) is set out in clause 16.2.
2. Our contract with you
2.1 Our contract. These terms and conditions (the Terms) apply to your purchase of a membership through the Site and to the supply of membership services by us to you through the Site. They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
2.4 Your copy. You should print a copy of these Terms or save them to your computer for future reference.
3. Purchasing a membership and its acceptance by us
3.1 Purchasing your membership. Please follow the onscreen prompts to purchase a membership. You may only purchase a membership using the method set out on the Site, and you must pay for your membership through the Site. By placing your order for a membership through the Site, you are making an offer to buy the services described in the order (the Services) subject to these Terms.
3.2 Correcting input errors. Our online purchase process allows you to check and amend any errors before submitting your order for a membership to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3.3 Acknowledging receipt of your order. After you place your order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your membership has been accepted. Our acceptance of your membership will take place as described in clause 3.4
3.4 Accepting your order for a membership. Our acceptance of your order for a membership takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation.
3.5 If we cannot accept your membership. If we are unable to supply you with the Services for any reason, or if we cannot accept your membership because you have not satisfied the relevant requirements for membership (as set out in clause 7.2 below and as more particularly described on the Site from time to time), we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you the full amount.
4. Cancelling your order and obtaining a refund
4.1 To cancel the Contract, you must email us within the 14-day period referred to in clause 4.1 at email@example.com. We will email you to confirm we have received your cancellation. When emailing us, please include details of your membership to help us to identify it. Your cancellation is effective from the date you send us the email. For example, you will have given us notice in time as long as you email us before midnight on the last day of the cancellation period.
5. Our right to terminate
5.1 Without prejudice to any other of our rights to end the Contract (whether set out in these Terms, at common law, by statute or otherwise), we reserve the right to terminate the Contract and your membership with immediate effect and without notice in the case of any member who:
(a) we perceive to be abusing the Site or bringing SEA UK CIC or any other member into disrepute; or
(b) ceases at any time to satisfy the membership requirements referred to in clause 3.5; or
(c) is in breach of these Terms more generally.
The judgment as to whether there has been such an abuse or breach, and the consequences of such, will be at our absolute discretion.
5.2 We will not refund any Charges if we cancel the Contract in any of the circumstances set out in clause 5.1 above.
5.3 Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
5.4 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
6. The Services
6.1 Descriptions and illustrations. Any descriptions or illustrations on the Site are published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of the Contract or have any contractual force.
6.2 Changes to the Services. We reserve the right to amend the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.
6.3 Access to the Services. Your access to the Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Services as soon as we reasonably can.
6.4 User ID. When you use the Services, you will need to enter a unique user name and password to access your account (User ID). You agree that you will not allow another person to use your User ID to access or use the Services under any circumstances. You agree that you are solely and entirely responsible for your User ID and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to keep it secure. We are not liable for any charges, damages, liabilities or losses caused by or related to the theft of your User ID, your disclosure of your User ID, or you allowing another person to access and use the Services using your User ID.
6.5 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
6.6 Time for performance. Any performance dates specified in the Order Confirmation are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
7. Your obligations
7.1 It is your responsibility to ensure that:
(a) the terms of your order are complete and accurate;
(b) you co-operate with us in all matters relating to the Services;
7.2 By purchasing a membership and using the Services provided on the Site, you warrant that you:
(a) are legally capable of entering into binding contract
(b) are at least 18 years old;
(c) Are a SEP or an SEP in training.
(d) will upload to your member account a copy of your SEP certificate or certificate for highest level of SE training attended or receipt for payment for next level of SE training 7.3 By publishing your details in the Practitioner Directory, you warrant that you:
a) are a member of a professional association covering the UK that has a code of practice and complaints procedure and which specifies SE as a modality
(b) have (and will, at all times during the Contract maintain) all appropriate insurance policies, including fully comprehensive public liability insurance, that has SE as a specified modality
(c) will upload current valid documents to your member account to confirm the above and will replace these promptly when they expire
(d) have chosen to take some time out from practice and do not need to submit documents listed but will appear as a non-practising member on the directory
7.4 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clauses 7.1, 7.2 or 7.3 (Your Default):
We will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the contract under clause 5.1 (Termination);
We will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and (c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
8. Territorial remit/responsibility
The Site and our Services are directed at Somatic Experiencing practitioners who live and practice in the following territories or who live outside those territories but practice in them: the United Kingdom, the Channel Islands and the Republic of Ireland only. We regret that we do not accept members who do not meet this requirement.
9.1 In consideration of us providing the Services you must pay the membership fee (Charges) in accordance with this clause 9.
9.2 The Charges are the prices quoted on the Site at the time you submit your membership order.
9.3 If you wish to change the scope of the Services after we accept your order (for example if you wish to alter the level of membership you selected when you placed your order), and we agree to such change, we will modify the Charges accordingly.
9.4 We take all reasonable care to ensure that the Charges stated on the Site are correct at the time when the relevant information was entered into the system. However, please see clause 9.7 for what happens if we discover an error in the price of the Services you ordered.
9.5 Our Charges may change from time to time, but changes will not affect any membership you have already purchased.
9.6 Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
9.7 It is always possible that, despite our reasonable efforts, some of the Services on the Site may be incorrectly priced. Where the correct price for the Services is less than the price stated on the Site, we will charge the lower amount, and if the correct price for the Services is higher than the price stated on the Site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Services and refund you any sums you have paid.
10. How to pay
10.1 Payment for the Services is in advance. We will require you to make your payment immediately after you place your membership order. Your order will not be accepted by us until your payment has been received.
10.2 You must pay for the Services online by debit or credit card.
10.3 We will send you an electronic receipt immediately upon payment.
11. Intellectual property rights
11.1 All intellectual property rights in or arising out of or in connection with the Services and the Site will be owned by us, or by our licensors in the case of any third party materials.
11.2 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you.
12. How we may use your personal information
1. How we may use your personal information
1.1 We will use any personal information you provide to us to:
(a) provide the Services;
(b) process your payment for the Services; and
(c) inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
13. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
13.1 Nothing in the Contract limits or excludes our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law
13.2 Subject to clause 13.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of or damage to goodwill; and
(e) any indirect or consequential loss
13.3 Subject to clause 13.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 120% of the total Charges paid under the Contract.
13.4 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, including without limitation the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract. In particular, we make no warranty:
(a) that any Services you purchase through the Site are suitable for your specific requirements, and you must rely on your own judgement in this respect;
(b) that our Site or the content on our Site is virus free. You must take your own precautions in this regard, as we accept no responsibility for any infection by virus or other contamination or by anything that has destructive properties. You must bear the risks associated with the use of the internet;
(c) as to any views or opinions expressed, or comments made, on aspects of SE theory, practice or procedures in any of the materials on the Site or which you access through the Services. Any views expressed do not necessarily represent our views, and we accept no liability for the accuracy of any such views, opinions or comments, or for the consequences of your taking action in reliance on them;
(d) as to the qualifications, experience or suitability of any of the SE teachers or practitioners who are featured on the Site. If you choose to receive services from a third party following a visit to the Site, you must satisfy yourself as to the qualifications, experience and suitability of your chosen supplier;
(e) that where we provide links on the Site to the websites of third parties, whether affiliated with us or not, or provide you with the means of contacting them, we cannot give any undertaking that products and services you purchase from any such third parties will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party in question.
13.5 Nothing in these Terms limits or affects the exclusions and limitations set out in our Website Terms and Conditions of Use.
13.6 This clause 13 will survive termination of the Contract.
14.1 We each undertake that we will not at any time disclose to any person any confidential information concerning one another’s business, affairs, customers, members, clients or suppliers, except as permitted by clause 14.2.
14.2 We each may disclose the other’s confidential information: (a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 14; and (b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority
14.3 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
15. Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
15.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
15.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us.If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.
16. Communications between us
16.1 When we refer to “in writing” in these Terms, this includes email.
16.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
16.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after it is sent
16.4 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 email, that such email was sent to the specified email address of the addressee.
16.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
17.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to another entity.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
17.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
17.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
17.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect
17.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
17.6 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.