Hemisphere Wellbeing and Therapy uses third party companies Google and GoDaddy to collect and process information such as;
Number of visits to site
Number of specific page views
Number of bookings
Complaints and Compliments.
Hemisphere Wellbeing and Therapy will never hold any unnecessary personal information.
Hemisphere Uses a secure Laptop with both fingerprint and password protect and encrypted software to ensure your data and information is kept safe at all times.
Hemisphere will NEVER share any personal or confidential information with any third party unless in the event of criminal proceeding whereby the information is legally required.
Hemisphere will delete any and all information collected during therapy sessions once all sessions are complete. Hemisphere can share this information with you for your own records but explicit face to face or telephone consent will be required to ensure it is you I am sending the information to.
Terms and Conditions of Sale
Online Terms and Conditions for the sale of services and Hemisphere Memberships
Welcome to Hemisphere Wellbeing and Therapy – Thank you for choosing this service for your therapy/coaching or teaching needs and membership.
These terms and conditions are applicable on purchasing services or resources from Hemisphere and apply to any free bonus resources we may have on offer. Please read them fully before proceeding to make any transactional purchases from Hemisphere Wellbeing and Therapy.
Please note that these terms and conditions apply specifically to Hemisphere Wellbeing and Therapy in respect to the therapy, coaching and teaching products and services. You are not licenced to copy or use these terms and conditions for your own purposes.
These terms will set out:
Your legal rights and responsibilities as the client or consumer.
Hemisphere’s legal rights and responsibilities.
Key information required by law.
The intension is that these terms will bring clarity to our professional relationship, protect us both and cover the business side of things so that we can focus on your personally and professional development. Please do get in touch if there are any sections or subsections that you are unsure of. If you would like to speak to Hemisphere regarding these terms and conditions, please contact us by email at firstname.lastname@example.org.
1. Definitions and Interpretations
1:1 In this agreement:
‘Data Protection Legislation’ refers to all applicable data protection and privacy legislation in force in the UK including the General Data Protection Regulation ((EU) 2016 /679) ; the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2005/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
‘Confidential Information’ of a party refers to any information in whatever format relating to the party’s business, customers, consumers, and suppliers that is not publicly available including any information described specifically as confidential and any additional information that a reasonable recipient would in the circumstances regard as confidential.
‘The Deliverables’ means the services and products to be provided by Hemisphere as selected by you on our website and sales page.
‘Charges’ covers any amount payable to Hemisphere for the provision of our services and products under this agreement.
‘Intellectual Property Rights’ means all intellectual property rights, however arising and in whatever form, whether or not registered, including copyright, patents, trademarks, website marks, trade names, registered design and any applications for the protection and registration of these rights.
‘Reasonable Endeavours’ means all the steps which a prudent and competent business would take to achieve outcomes as if the outcomes were required for its own business bearing in mind all circumstances and without exposing the business to disproportionate risk or expense.
‘Website’ means Hemisphere’s sales and information page and website; www.staffordshirewellbeingandtherapy.com
2.1 If you purchase Hemisphere’s services or products, you agree to be legally bound by these terms.
2.2 If you use any of Hemisphere’s free resources (for example our workbooks) you also agree to be legally bound by these terms, excluding the clauses relating to payment.
2.3 When purchasing any services or products or using any of Hemisphere’s free products you also agree to be legally bound by:
2.3.2 Extra terms that may add to, or replace, some of these terms, for example any specific written or digital contract between us;
2.3.3 Specific terms which apply to Hemisphere’s service, for example service descriptions as set out on the website or sales page or in email correspondence between us. If you wish to see these specific terms please visit the relevant webpage, look at the service description we have sent you in an email or request it from Hemisphere.
3. Ordering Services or Products
3.1 Below we set out how a legally binding contract to buy services or products between you the consumer and us Hemisphere are made:
3.1.1 You place an order on our website or sales page by clicking on the relevant payment link or Hemisphere will send you the link by email.
3.1.2 When you place your order at the end of the online checkout process by clicking on the payment link on the website, or by clicking on the payment link Hemisphere sends you, we will acknowledge this by email. This acknowledgement does not, however, confirm that your order has been accepted.
3.1.3 At the point you buy a service or product from Hemisphere, this is when you offer to buy the service or product from us.
3.1.4 Hemisphere may contact you to say that we do not accept your order, for example if Hemisphere feels that the service or product is not right for you or there has been a mistake in pricing or the description of the service or product.
3.1.5 We will only accept your order when we confirm this to you by sending you a confirmation email or supply the service or product, whichever occurs earlier. At this point:
184.108.40.206 a legally binding contract will be in place between you and Hemisphere, and
220.127.116.11 we shall supply the service or product (if it has not already been supplied) or start to carry out the service as detailed in the service description.
3.2 Any quotation given by Hemisphere before you place an order to services or products is not a binding offer by Hemisphere to provide such products or services. Any prices set out in a quotation or any marketing or promotional information remain valid for 14days.
4. Confidential Information
4.1 If either party is in receipt of the other party’s confidential information, it shall:
4.1.1 not use it for any purpose other than performance of this agreement;
4.1.2 keep it safe and protect it at least as well as it would protect its own Confidential Information;
4.1.3 disclose it only to other mental health professionals, general practitioners, coaches, or therapists who need to know the Confidential Information for the performance of this agreement and only after receiving explicit, informed, written consent from you.
4.1.4 inform anyone to whom it discloses the Confidential Information that the Information is Confidential and take all reasonable steps to ensure that such recipients will comply with the terms of this agreement; and
4.1.5 following completion of engagement of the relevant services, delivery of products or upon disengagement with Hemisphere or termination of this agreement, cease to use altogether and destroy or permanently erase all copies of the Confidentially Information.
4.2 The obligations in clause 4.1 will not apply to Confidential Information that:
4.2.1 has ceased to be Confidential through no fault of either party;
4.2.2 was already in the possession of the recipient before being disclosed by the other party as can be verified by the production of written evidence of such possession;
4.2.3 has been lawfully received from a third party who did not acquire it in confidence; or
4.2.4 is required to be disclosed by law, for the protection of either party or the public or where a serious crime has been perpetrated or disclosed. The disclosing party shall take all reasonable steps to notify the other party in good time before such disclosure, if it is safe to do so, and gain assurances as to confidentiality from the body whom the information is to be disclosed and in the case of any disclosure under the Freedom of Information Act 2000, none of the exemptions to that Act apply to the information disclosed.
4.3 Each party’s duty of confidence will continue after termination of this agreement.
5. Data Protection
5.1 Each party will comply with Data Protection Legislation
5.2 In line with the requirements of Data Protection Legislation Hemisphere will:
5.2.1 act only on instruction from you in respect of any personal data processed;
5.2.2 have technical and organisational measures in place to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data held or processed by us, appropriate to the harm that might result from such unauthorised or unlawful processing or loss, destruction or damage to personal data and the nature of the personal data;
5.2.3 take all reasonable steps to ensure the reliability of any Hemisphere employee who has access to personal data processed in connection with this agreement.
6. Hemisphere’s Obligations in Outline
6.1 Hemisphere will provide the deliverables in accordance with the relevant web page or sales page for service or product you have selected, any service description agreed between us and in the terms of the agreement.
6.2 When any timescales are stipulated for the supply of deliverables (whether in this agreement or elsewhere):
6.2.1 we will use reasonable endeavours to comply with the timescales;
6.2.2 the timescales will be treated as extended by the period of any delay caused by you or by any third party beyond Hemisphere’s reasonable control;
6.2.3 if a breach of clause 6.2.1 causes a timescale to be missed or makes it likely that a timescale could be missed Hemisphere will take steps to reduce as far as possible any further delay.
7. Your Obligations
7.1 You will:
7.1.1 engage reasonably and openly as far as you are comfortable in, co-operation, to facilitate our performance of our obligations under this agreement in a timely and efficient manner, including in the instance that services and/or products provided to you by Hemisphere no longer meet your needs so as not to waste ours or your time and energy.
7.1.2 ensure that you carefully read through and consider any email correspondence, from Hemisphere to you, to ensure they are accurate and factual.
By honouring your obligations, you are therefore honouring the investment you have made in yourself to develop your knowledge and understanding of your personal Mental Health and Wellbeing, and how to manage and maintain it for the purpose of both your personal and professional development.
8.1 The deliverables will be provided by Georgie Jenkinson, Hemisphere’s director. Georgie qualified as a Mental Health Nurse in 2017 and a Belief Change Practitioner in 2020 and currently provides coaching or therapy services to a range of individuals. However, Hemisphere is not registered with any Therapy or Counselling regulatory bodies, with the specific aim of providing services and products to clients with less red tape and with more creative pricing options. Hemisphere shall only provide Deliverables that do not need to be carried out by a company or individual that is registered with Counselling and Therapy authorities. These Deliverables will be provided by Hemisphere within Georgie’s Professional and Ethical boundaries. The main points for you to understand are that:
8.1.1. you will not be able to complain to the Legal Ombudsman if you have a complain about the Deliverables, although the usual protection for non-regulated services exists, for example your contractual rights under this agreement, statutory protection under the Unfair Contract Terms Act and Trading Standards;
8.1.2. you will not have the benefit of ‘legal privilege’, although you will have the benefit of the contractual confidentiality obligations clause 12 of this agreement;
8.1.3 Hemisphere is not required to have the same level of insurance in place as we would if Hemisphere was registered with a regulatory authority, but we do have professional indemnity insurance at an appropriate level to cover our potential liability.
8.2 if at any time Hemisphere considers it to be in your best interest to use regulated services for a piece of work we will inform you.
8.3 considering 5.1 and 5.2 above, you acknowledge that this agreement does not create a therapist/coach – client relationship.
8.4 Deliverables – including contracts, legal documents and other documents and resources – are supplied to you for your own internal use in the ordinary course of business and may not be re-sold or otherwise made available to any third party. This would be in breach of your legal obligations and Hemisphere always takes action to protect its intellectual property rights. You will be the licensee of the Deliverables and more information regarding the ways in which you can use the Deliverables are set out in clause 11, Intellectual Property Rights.
8.5 Hemisphere makes every effort to ensure all Therapy and Coaching is based on a solid evidence base and the most up to date training available.
9. Charges and Payment
9.1 Payment is required in full in advance for all services and products.
9.2 If you decide to withdraw from or cancel Hemisphere’s services or products at any time for any reason (except in accordance with 14.1.2), you will remain liable for the full cost of our services or products and you will not be entitled to a refund.
9.3 in view of Hemisphere’s clear no-refund policy, we do not tolerate any type of chargeback threat or actual chargeback from your credit or debit card company. In the event that a charge back is placed on a purchase or we receive a chargeback threat during or after your purchase, without you seeking repayment from Hemisphere first: you shall be in breach of this contract; you agree that you will owe us both the sum charged to us by our merchant service provider and a sum based on time spent at £120 per hour in dealing with your breach; and Hemisphere reserves the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating.
9.4 All sums are inclusive of VAT.
9.5 Where sums due under this agreement are not paid in full by the due date, we may, without limiting our other rights, charge interest on such sums at the statutory interest rate (as defined by the Late Payment of Commercial Debts (Interest) Act 1998). We shall also charge you an administration fee of £60 to cover the administrative costs of chasing payment.
9.6 Interest will:
9.6.1 accrue daily; and
9.6.2 apply from the due date for payment until actual payment in full, whether before or after judgement.
10. Performance Standards
10.1 We shall perform this agreement:
10.1.1 using the reasonable care and skill to be expected of a professional supplier of Deliverables;
10.1.2 in accordance with the law; and
10.1.3 using personnel who are appropriately trained and experienced.
11.1 We warrant that:
11.1.1 we are lawfully entitled to provide the Deliverables; and
11.1.2 subject to your compliance with your obligations set out in clause 10 below, use of the Deliverables by you in accordance with the terms of this agreement will not infringe the Intellectual Property Rights of any third party; and
11.1.3 the Deliverables will conform substantially with their description.
11.2 All other representations, conditions, warranties or other terms which might have effect between you and Hemisphere or be implied or incorporated into this agreement whether by statute, common law or otherwise, are excluded to the extent permitted by law.
12. Intellectual Property Rights
12.1 Except where expressly stated otherwise in this agreement, Hemisphere will retain ownership of our own Intellectual Property Rights.
12.2 Hemisphere shall retain copyright in all written material prepared for you and we hereby grant you a royalty free licence to use the written material to obtain the benefit of our service or product on the terms of this agreement, revocable only in the event of a material breach by you of the terms of this agreement.
12.3 The licence granted to you under clause 12.2 is for your sole personal use only. You may not use any Deliverables, including any documents we compile for you, for any commercial use or for any use which makes you money or provides a financial benefit to any third party. As our licensee you acknowledge that the content of our Deliverables has been developed by us using significant time and effort and it is an asset of our business. Hemisphere takes any infringement of our Intellectual Property Rights very seriously and will always take action to protect them. You are not permitted to copy, modify, reproduce, upload, post, republish, sell, market, exploit or distribute the Deliverables in any format except for the specific personal use for which the Deliverables were created and licenced to you as this would be a breach of Hemisphere’s Intellectual Property Rights.
13. Limitations and Exclusions of Liability
13.1 Despite any other provisions of this agreement, neither party excludes or limits its liability for:
13.1.1 death or personal injury caused by its negligence;
13.1.2 fraud or fraudulent misrepresentation;
13.1.3 breach of the obligations implied by section 12Sale of Good Act 1979 or Section 2 Supply of Good and Services Act 1982; or
13.1.4 any liability which may not be excluded by law.
13.2 Except as expressly set out in clause 14.1, neither party shall be liable for any loss of profit, loss of business, loss of goodwill, loss of savings, claims by third parties; loss of anticipated savings, whether direct or indirect, or for any indirect loss or consequential loss whatever and however caused (even if caused by that party’s negligence and/or breach of contract and even if that party were advised that such loss would probably result).
13.3 Hemisphere will not be liable for any losses suffered by you following a breach of this agreement by us where such breach is caused by the failure of you to fulfil your obligations under clause 10.
13.4 Except as expressly stated in clause 13.1, each party’s total liability for any claims, losses, damages, or expenses whatever and however caused (even if caused by its negligence and/or breach of contract) shall be limited for each event or series of linked events to a maximum sum equal to the total Charges (excluding VAT) actually paid by you to us for the service or product giving rise to such liability.
13.5 This agreement is enforceable by Hemisphere and by you and our successor in title and permitted assignees. Any rights of any person to enforce the terms of this agreement pursuant to the Contracts (Right of Third Parties) Act 1999 are excluded.
14.1 Either party may terminate this agreement by written notice to the other party immediately if the other party commits any material breach of the terms stipulated in this agreement and, in the case of a breach capable of being remedied, such breach is not remedied in 30 days of a written request to do so (such written request must expressly refer to the threat of termination in accordance with this clause).
14.2 Termination of this agreement will not affect any accrued rights or liabilities of either party or the continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after termination.
14.3 Upon termination of this agreement for any reason Hemisphere will be entitled to invoice you (within a reasonable period of termination) any un-invoiced Charges.
14.4 If you decide to withdraw from or cancel Hemisphere’s services or products at any time for any reason (except in accordance with 14.1), you will remain liable for the full cost of our services and/or products and you will not be entitled to a refund for any services or products you paid for in advance.
15. Force Majeure
Neither party will be liable for any delay or failure in performing its obligations under this agreement if caused by circumstances beyond its reasonable control. Provided the party in default notifies the other party promptly in writing of the reasons for and likely duration of the failure or delay, then the performance of the parties’ obligations shall be suspended during the period that the circumstances persist.
Neither party may assign this agreement without the prior written consent of the other (such consent not to be unreasonably withheld or delayed).
17. Variations and Waiver
17.1 No variation of this agreement is valid unless it is in writing and signed by or on behalf of each of the parties.
17.2 The failure to exercise, or delay in exercising, a right or remedy under this agreement will not constitute a waiver of the right or remedy, or a waiver of any other rights or remedies.
18.1 If any clause of this agreement, be that in part or full, is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal the other provisions shall remain in force.
18.2 If any invalid, unenforceable or illegal provisions would be valid, enforceable, or legal if some part of it were deleted, the provision will apply with whatever modification is necessary to give effect to the commercial intention of the parties.
19. Entire Agreement
19.1 This agreement constitutes the entire agreement between the parties and supersedes any arrangements, understanding or previous agreement between the parties relating to the subject matter of this agreement.
20. Dispute Resolution
20.1 If a dispute arises out of or in connection with this agreement the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure.
20.2 Clause 20.1 does not restrict either party’s freedom to commence legal proceedings to preserve any legal right or remedy to protect any Intellectual Property Rights or trade secrets whether by way of injunctive relief or otherwise.
20.3 In the event of a dispute between us, you agree not to engage in any conduct or communications, including on social media, designed to disparage Hemisphere Wellbeing and Therapy, the website www.staffordhsirewellbeingandtherapy.comor any of our services or products.
21. Adverse and Derogatory Comments
21.1 The parties involved in this agreement, agree on behalf of themselves not to directly or indirectly, whether orally, in writing or on any social media platform, make any derogatory comments about the parties or to entice, encourage or request that any third party make any adverse or derogatory comments about the parties.
22. Governing Law and Jurisdiction
22.1 This agreement and any dispute arising out of or in connection with it is governed by the laws of England and Wales.
22.2 Each of the parties submits to the exclusive jurisdiction of the courts in England and Wales.