Welcome to the Your Calm Mind Academy, trading under Hypnotherapy Works Terms and Conditions, 11 West Lane, Penrith.

Our Agreement

1.1. These terms and conditions (the “Terms”) are the terms which apply when you use the website www.hypnotherapistcumbria.co.uk, book our services or purchase our products. By using any part of this website, booking a treatment or workshop with us, purchasing our products and/or placing an order on the website you agree to be bound by the Terms. Any reference to “Company Name”, “we”, “us” or “our” in these Terms is a reference to Your Calm Mind Academy or Hypnotherapy Works or BWRT Penrith and any reference to “you” or “your” means you, the customer and user of our services, purchaser of our products and user of our website.

1.2. Before procuring our services, please read these terms and conditions carefully. If you do not agree with them, please do not use the services.

Changes To These Terms

2.1. We reserve the right to change or modify these Terms at any time where it is necessary in the course of our business to do so, including for legal, regulatory or security reasons. We will notify you of substantial changes to these Terms, but we encourage you to review the Terms when purchasing any products or services to ensure that you agree to the proposed way in which we will deal with you. If you do not agree to any changes, then please do not use our website, our services or purchase our products. Any changes are effective immediately upon posting to the website. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

2.2. If you have any questions, concerns or comments about our Terms, please contact us via email at  helen@calmmindacademy.co.uk or via telephone on 07788 601599.

“Company Name” Obligations

3.1. We will use reasonable skill and care in providing our services. We will provide the treatment and products required, however we will accept no responsibility for damages if the recommendations and appropriate aftercare advice is not followed.

3.2. We will accept the information supplied by the customer and use this to form our documents and treatment. If this information is incorrect, Hypnotherapy Works will not be held responsible for this.

Client Obligations

4.1. You will ensure that all information provided is true and accurate and you will follow all recommendations given to you.

4.2. All permissions must be obtained and signed for and consent is clearly defined before therapy begins.

4.3. All allergies or special considerations must be notified to us before products or services can be provided.

Availability For A Treatment

Please be available for the sessions as punctually as possible. If you are going to be late, please contact us at the earliest possible convenience. Session times will still end at the scheduled time, so your session will be shorter.

Cancellation Of A Treatment

6.1. Your session with Your Calm Mind Academy is important to us and reserved especially for you. When you forget or cancel the appointment without giving us notice, we are unable to offer that time to someone else. We understand that things can happen at the last minute and can assure you we are sympathetic in certain circumstances. Please note, however, the following cancellation fees:

  • Less than 24 hours’ notice will result in a charge equal to 50% of the treatment cost,
  • No shows will be charged 100% of the treatment cost.

6.2. If you have paid for a treatment and in the unlikely event we need to cancel (weather, sickness, unforeseen events) then Your Calm Mind Academy will offer an alternative date for the cancelled treatment. In the event of a force majeure, i.e. floods, pandemic etc. that is out of the control of Your Calm Mind Academy, refunds will not be given however a replacement session or product will be offered at a later date.

Health Conditions

It is your responsibility to consult with a GP or other Medical Consultant prior to undertaking a treatment, should you feel your medical history requires it. A full consultation is taken before any treatment is offered and we would ask you to please provide as much information as possible during the medical consultation to enable us to devise a safe and suitable treatment plan. Please provide as much information as possible to ensure we can offer you a safe experience.

If we feel that the treatment you require is outside our scope of practice, then we will not proceed with treatment and will try to advise of an alternative. It is then your responsibility to follow up on these recommendations.

Age Policy

Our treatments are suitable for adults or children, however we will only provide treatment for a child under 16 with consent from a Parent/Guardian. I work with children of secondary school age onwards.

Privacy

In order to proceed with a treatment, you will be asked to provide certain personal information to Your Calm Mind Academy. We will use all personal information that you provide to us for your treatment in accordance with our Privacy Policy.

Liability

10.1. We shall have no liability to you for any loss, damage, costs, expense proceedings or other claims for compensation arising from any information or instructions supplied by you which are incomplete, incorrect or inaccurate.

10.2. Neither we, nor you, shall be liable for any failure to perform our respective duties under this Contract due to circumstances beyond its control, including without limitation flood, fire or other adverse weather conditions,

10.3. To enable us to deal with any complaint that may arise relating to the Services, you must provide full details of any complaint within 7 days of the supply of the relevant services.

Data Protection

11.1 In relation to Data Protection, we comply with the new GDPR regulations, there are 7 principles and 8 rights that have to be observed:

Principles

  1. Legality, Transparency and Fairness.
  2. Purpose Limitation.
  3. Minimisation.
  4. Accuracy.
  5. Storage Limitation.
  6. Integrity and Confidentiality.
  7. Accountability.

Rights

  1. The right to be informed.
  2. The right of access.
  3. The right to rectification.
  4. The right to erasure.
  5. The right to restrict processing.
  6. The right to data portability.
  7. The right to object.
  8. Rights in relation to automated decision making and profiling.

We will only use any personal information provided by you for the purpose of providing the Services, or for informing you of the availability of similar services, unless you agree otherwise. Refer to our Privacy Policy or more information.

11.2. You may correct any information, or ask for information about you to be deleted, from our advertising, or promotional material by giving written notice to us at the following address:  helen@calmmindacademy.co.uk

11.12. Hypnotherapy Works is the registered owner of any Hypnotherapy Works or Your Calm Mind Academy trade-marks used by us in the course of our business.

The contents of this website (including pictures, designs, themes, logos, photographs, text, software and all other materials) (the “Materials”) are owned by Your Calm Mind Academy or Hypnotherapy Works or its third party licensors. You may not copy, reproduce, download, post, record, transmit, commercially exploit, edit or distribute the Materials in any way without our prior written permission. All use of the Materials is on the basis that you are using this website in good faith for domestic purposes or for the purposes of placing an order with us.

Copyright

12.1. The copyright, design right and all other intellectual property rights in any materials, products and other documents or items prepared or produced for you by us or on our behalf in connection with the Services shall belong to Hypnotherapy Works or Your Calm Mind Academy absolutely and any such materials, products, documents or times shall be or remain our sole property.

12.2. You shall not in any event be entitled to copy any such items or use them for any commercial purpose.

Your Use Of This Website

13.1. You agree that in using the website, you will not: (i) use the website in any way that causes, or is likely to cause the site or access to the site to be interrupted, damaged or impaired in any way; (ii) use the website for any purpose that could damage the name of Your Calm Mind Academy or impair the goodwill or reputation associated with our brand; (iii) use the website for criminal, fraudulent or illegal activity or in any manner which would cause harm or distress to any third party; (iv) access or attempt to access the accounts of other users or attempt to penetrate the website security measures; nor (v) use the website for any purpose other than for your own personal use.

13.2. We reserve the right to suspend, restrict or terminate your access to the website at any time without notice if we have reasonable grounds to believe that you have breached any of these restrictions or if we suspect fraudulent account activity or behaviour.

13.3. While we will take all reasonable steps to ensure a fast and reliable service, we do not guarantee that your use of this website will be interruption or error free and we will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.

Cookies Policy

If you use our website, we may place and access certain cookies on your computer or device. These may be first party cookies (placed by us and used only by us) or third party cookies. You can enable privacy settings in your browser to restrict tracking cookies. Because we respect “do-not-track” privacy settings, those who opt-out may show open and click activity but will not have activity tracked. For more details, please refer to  our Cookie Policy on this website.

Making An Order

15.1. Once you have submitted an order for goods, you will receive an email confirming receipt of your order (the “order confirmation”). This email will also contain the download link.

15.2. The images of the products on our website are for illustrative purposes only. The packaging of the product may vary from that shown in images on our website.

15.3. If we are unable to accept your order, we will inform you of this and will not charge for the product.

15.4. Please note we are unable to cancel or amend your order once it has been despatched. If you wish to change or cancel an order please call us on 07788 601599 or email us at helen@calmmindacademy.co.uk as soon as possible. If you wish to make a change, we will let you know if the change is possible and about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of the requested change and ask you to confirm whether you wish to go ahead with the change. We may change the product to reflect changes in relevant laws and regulatory requirements. Downloads will not be refunded.

15.5. Refund Policy

Refunds

Refunds will only be considered within 48 hours of payment, contact in writing via email  helen@calmmindacademy.co.uk 

Downloads will not be refunded

 

15.6. All prices are quoted in pounds sterling and are inclusive of VAT (as may be prescribed by law from time to time), unless otherwise specified.

15.7. Online payment will be provided in a secure environment. Payments must be made by one of the following credit card payment methods – Visa, MasterCard, American Express, Switch, Solo, Delta, Electron and PayPal.

Fraudulent use of credit cards will be reported to the relevant authorities. If the issuer of your payment card refuses to pay or does not for any reason authorise the payment to us, we will not be liable for any delay or non-delivery of the products.

15.8. We will deliver the products to you as soon as reasonably possible

15.9. We will retain ownership of the goods until full payment has been made and funds have cleared.

15.10. Please note that all products which are made available on our website are for your personal use only and you may not sell or re-sell any of the products to anyone, including making them available for sale on any third party website. We reserve the right to cancel any orders to you where we believe that you are intending to sell our products on.

15.11. We will not be responsible or liable for your use of any other websites which may be accessed via links within this website. We do not control these websites and are not responsible for their content. Any such links are provided merely as a service to users and their inclusion does not constitute an endorsement by or affiliation with us.

General

16.1. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if there is a likelihood that a breach of contract may occur.

16.2. This contract is between you as the customer and Your Calm Mind Academy. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms. This excludes treatment on a Child under 16 where the Parent/Guardian has the rights to enforce, change or cancel the terms of this contract.

16.3. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.4. If we do not insist immediately that you do something that these Terms require you to do, or if we delay in taking steps in respect of a breach of any contract, this will not prevent us from taking steps at a later date.

16.5. While Your Calm Mind Academy uses reasonable endeavours to ensure that the information on this website is accurate and up to date, it does not give any warranty as to its accuracy or completeness and Your Calm Mind Academy will not be responsible for any errors or omissions or for the results arising from the use of such information.

Law & Jurisdiction

These Terms and your use of the website are governed by English law and you agree to submit to the exclusive jurisdiction of the English court. This does not affect your statutory rights.

Complaints

If you wish to complain about any matter in respect of any goods or services that we provide, please contact us at  helen@calmmindacademy.co.uk

 

Who we are

Hypnotherapy Works Privacy Notice provides a framework of understanding about the personal data that is collected by Hypnotherapy Works or Your Calm Mind Academy (as applicable, hereinafter each separately and/or jointly called the “Data Controller”). Personal data collected by the Data Controller will be controlled and processed in accordance with the terms of this Privacy Notice.

This Privacy Notice describes the types of personal data or personal information we collect, how we use the information, how we process and protect the information we collect, for how long we store it, with whom we share it, to whom we transfer it and the rights that individuals can exercise regarding our use of their personal data. We also describe how you can contact us about our privacy practices and to exercise your rights. In general, our privacy practices conform with law and regulation, including where applicable the provisions of the European Union’s General Data Protection Regulation (GDPR). 

What personal data we collect and why we collect it

 We may collect personal data about you in a variety of ways, such as through our website and social media channels; at events; through phone and fax; through enquiries by email in connection with our interactions with clients. We may collect a selection of personal data dependant on the nature of the relationship, including, but not limited to:

  • contact information (such as name, postal address, email address and telephone number);
  • contact history, personal correspondence;
  • feedback;
  • purchase history;
  • information you provide about contacts, emergency contact details. (The Controller assumes that the other person previously gave an authorisation for such communication)
  • other information you may provide to us, such as in medical information, some information that can be classed as sensitive information

In addition, we may collect information you provide to us about other individuals, such as information related to emergency contacts.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

How We Use the Information We Collect

The Data Controller collects and uses the data gathered for the following purposes:

  • managing our client relationships;
  • where permitted under law and consistent with this Privacy Notice, to send homework, promotional materials, alerts regarding available services and other communications;
  • where permitted under law, for communicating about, and administering participation in, special events, promotions, programs, offers, surveys, contests and market research;
  • responding to individuals’ inquiries and claims;
  • operating, evaluating and improving our business (including developing, enhancing, analysing and improving our services; managing our communications; performing data analytics; and performing accounting, auditing and other internal functions);
  • protecting against, identifying and seeking to prevent fraud and other unlawful activity, claims and other liabilities; and
  • complying with and enforcing applicable legal requirements, relevant industry standards, contractual obligations and our policies.

All processing will be carried out based on adequate legal grounds which may fall into several categories, including:

  • consent or explicit consent from the data subject, where required by applicable law;
  • to ensure that we comply with a statutory or contractual requirement, or a requirement necessary to enter into a contract or
  • it is essential and necessary for the legitimate interest of the Data Controller, as described in more detail below (e.g. allowing access to a website in order to provide the services offered).

We also may use the information in other ways for which we provide specific notice at or prior to the time of collection.

Use of Automated Data Collection Methods

When you visit our website, we may collect certain information by automated means, such as cookies, web beacons and web server log. The information we may collect in this manner includes IP address, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on the site, dates and times of visits to our site and other usage statistics.

“cookie” is a file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser.

“web beacon” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and is used to transmit information collected through cookies back to a web server.

Through these automated collection methods, we may obtain “clickstream data,” which is a log of the links and other content on which a visitor clicks while browsing a website.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

How We Collect Information by Automated Means

As you click through our website, a record of the action may be collected and stored. We link certain data elements we have collected through automated means, such as your browser information, with other information we have obtained about you to let us know, for example, whether you have opened an email we sent to you. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Your browser will allow you to block cookies, however, you may not be able to use all the features of our Sites without cookies.

Providers of third-party apps, tools, widgets and plug-ins on our website, such as social media sharing tools, also may use automated means to collect information regarding your interactions with these features. This information is collected directly by the providers of the features and is subject to the privacy policies or notices of these providers. Hypnotherapy Works or Your Calm Mind Academy is not responsible for these providers’ information practices.

To the extent required by applicable law, we will obtain your consent before collecting information using cookies or similar automated means.

How We Use Information Collected through Automated Means

We use information collected through cookies, web beacons, pixels, web server logs and other automated means for purposes such as;

  • customising our users’ use of our website;
  • delivering content tailored to our users’ interests and the way our users use our website; and
  • managing our website and other aspects of our business.

Links to Third-Party Sites, Apps and Services

For your convenience and information, our website may provide links to third-party sites, apps and services that may be operated by companies not affiliated with us. These companies may have their own privacy notices or policies, which we strongly suggest you review. We are not responsible for the privacy practices of any non-Hypnotherapy Works or Your Calm Mind Academy sites, apps or services.

Legitimate Interest

The Data Controller may process personal data for certain legitimate business purposes, which includes some or all of the following:

  • where the process enables us to enhance, modify, personalise or otherwise improve our services/communications for the benefit of our clients, candidates and associates;
  • to identify and prevent fraud;
  • to enhance security of our network and information systems;
  • to better understand how people, interact with our websites;
  • for direct marketing purposes;
  • to provide postal communications to you which we think will be of interest to you; and
  • to determine the effectiveness of promotional campaigns and advertising.

Whenever we process data for these purposes, we will ensure that we keep your rights in high regard and take account of these rights. You have the right to object to such processing and may do so by contacting us as described below. Please bear in mind that if you exercise your right to object, this may affect our ability to carry out and deliver services to you for your benefit.

How We Process and Protect Personal Information

We process the personal data we collect, also by automated means, for the purposes defined above and for a specific period, which complies with our internal retention policy, in order to ensure that the personal data are not kept longer than necessary.

We maintain administrative, technical and physical safeguards designed to protect the personal data you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. In order to ensure adequate security and confidentiality of the personal data, we may apply the following security measures as appropriate:

  • Encryption of data in transit;
  • Strong user authentication controls;
  • Hardened network infrastructure; and
  • Network monitoring solutions.

How Long We Store Data We Collect

We store in our systems the personal data we collect in a way that allows the identification of the data subjects for no longer than it is necessary in light of the purposes for which the data was collected, or for which that data is further processed.

We determine this specific period by considering:

  • The necessity to retain the personal data collected, in order to offer services established with the user;
  • The legitimate interest of the Data Controller, as described in the purposes above; and
  • The existence of specific legal obligations that make the processing and related storage necessary for specific period of times. (i.e. HMRC records will be stored for 7 years)

Information We Share

We do not disclose personal data that we collect about you, except as described in this Privacy Notice or in separate notices provided in connection with activities. We may share personal data with vendors who perform services on our behalf based on our instructions. We do not authorize these vendors to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.

In addition, we may disclose personal data about you (i) if we are required to do so by law or legal process; (ii) to law enforcement authorities or other government officials based on a lawful disclosure request; and (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity. We also reserve the right to transfer personal data we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation).

Data Transfers

We also may transfer the personal data we collect about you to countries outside of the country in which the information originally was collected. Those countries may not have the same data protection laws as the country in which you initially provided the personal data. When we transfer your information to other countries, we will protect that data as described in this Privacy Notice and such transfers will be in compliance with applicable law.

The countries to which we may transfer the personal data we collect about you may be:

  • Within the European Union
  • Outside the European Union

When we transfer personal data from within the European Union to countries or international organizations that are based outside the European Union the transfer takes place based on: –

  • An adequacy decision by the European Commission; or
  • In the absence of an adequacy decision, other legally permitted grounds: (a) a legally binding and enforceable instrument between public authorities or bodies; (b) binding corporate rules; or (c) standard data protection clauses (formerly called the Model Clauses) promulgated by the Commission.

Your Rights as a Data Subject

When authorised by applicable law, a data subject may exercise certain specific rights, such as:

  • Right of access: A data subject may access his or her personal data in order to verify that his or her personal data is processed in accordance with law.
  • Right to rectification: A data subject may request the rectification of any inaccurate or incomplete data held about him or her, in order to protect the accuracy of such information and to adapt it to the data processing.
  • Right to erasure: A data subject may request that the Data Controller erases information about him or her and to no longer process that data.
  • Right to restriction of processing: A data subject may request that the Data Controller restricts the processing of his or her data.
  • Right to data portability: A data subject may request data portability, meaning that the data subject can receive the originally provided personal data in a structured and commonly used format or that the data subject can request the transfer of the data to another data controller.
  • Right to object: A data subject who provide a Data Controller with personal data may object, at any time, to the data processing on several grounds as set out under GDPR without needing to justify his or her decision.
  • Right not to be subject of automated individual decision-making: A data subject may request not to be subject to a decision based solely on automated processing, including profiling, if such profiling produces a legal effect concerning the data subject or similarly significantly affects him or her.
  • Right to lodge a complaint with a supervisory authority: Every data subject has the right to lodge a complaint with an applicable supervisory authority; in particular in the EU Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes GDPR.

Whenever data processing is based on consent as described under Article 7 of the GDPR, the data subject may withdraw his or her consent at any time.  If you require more information about the processing of your personal data, please refer to the How to Contact Us section below.

Updates to Our Privacy Notice

This Privacy Notice (including any addenda) may be updated periodically to reflect changes in our privacy practices and legal updates. For significant changes, we will notify you by posting a prominent notice on our website indicating at the top of each notice when it was most recently updated.

How to Contact Us

If you have any questions or comments about this Privacy Notice, or if you would like to exercise your rights, please write to:

 

Hypnotherapy Works (Your Calm Mind Academy)

11 West Lane

Penrith

Cumbria

CA11 7DP

 

Alternatively, you can contact our data contact directly on 07788601599 or helen@calmmindacademy