TERMS AND CONDITIONS
Last updated: 13 July 2022
- INTRODUCTION
- These terms and conditions (the Terms) constitute a legally binding agreement made between you (you) and Dr Olenka Dean Limited, company number 14180294, with registered address 81 Agraria Road, Guildford, Surrey, United Kingdom, GU2 4LG (we or us) relating to the Services and your use of the Site (as such terms are defined below).
- You agree that by accessing the Site and the Services you have read, understood and agree to be bound by these Terms.
- SUPPLEMENTAL TERMS/AMENDMENTS
- We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change.
- You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site or the Services on and after the date such revised Terms are posted.
- DEFINITIONS
- Content has the meaning given in Section a.
- Contributions has the meaning given in Section a.
- EP Principles means the professional standards set out by the UK Health & Care Professions Council, as amended from time to time (and accessible as of the date of these Terms on hcpc-uk.org/standards/meeting-our-standards).
- Marks has the meaning given in Section a.
- Materials means any materials provided to you in connection with the Services.
- Practitioner means the individual or group of individuals who delivers Services to you.
- Services means the training, coaching or any other similar services provided by or on behalf of us.
- Site means the http://www.drolenkadean.com website, including any forum, community related content or virtual communications as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected to the Services.
- Terms has the meaning given in Section 1.
- we or us have the meaning given in Section 1.
- you has the meaning given in Section 1.
- INTERPRETATION
- The terms ‘online’, ‘virtual’ or any other synonym refers to sessions conducted without us physically present at a venue.
- Unless otherwise specified, the conditions herein are universal to all services delivered by us.
- Any words importing gender refer to all genders.
- Any words importing a single shall also include plural and vice versa.
- Communications ‘in writing’ include letter and email, but not fax.
- Where ‘including’ or any derivative thereof is used, this shall mean ‘including, but not limited to’.
- Notices expressed to be given in writing include by any form of electronic communication.
- TERM
- These Terms (subject to any amendments in accordance with section 2), governing your access to the Site, the Services and the Materials, will continue until the expiry of the period set out in the package purchased (unless terminated in accordance with section 8).
- To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits.
- COVENANTS
- You represent and warrant that: (i) you have the legal capacity to enter into these Terms, you agree to comply with these Terms and these Terms will be enforceable against you; (ii) you are not a minor in the jurisdiction in which you reside; (iii) you will not use the Site, the Services or the Materials for any illegal or unauthorised purpose; and (iv) your use of the Site or the Services will not violate any applicable law or regulation.
- You agree to keep any password to the Site confidential and will be responsible for all use of your account and password.
- In connection with your use of the Site and your access of the Materials and the Services you agree to comply with the EP Principles as well as all applicable laws, rules and regulations.
- You may not access or use the Site for any purpose other than that for which we make the Site available.
- As a user of the Site and the Services, you agree not to:
- circumvent, disable, or otherwise interfere with security-related features of the Site;
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site; or
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you or any other users of the Services.
- CONTRIBUTIONS
- As part of the Services, you may be invited to chat, contribute to, or participate in blogs, message boards, online forums, virtual meetings (including with other users) and other functionality (such contributions being Contributions) and you agree that your Contributions will not:
- ridicule, mock, disparage, intimidate, or abuse anyone;
- violate the privacy or publicity rights of any third party; or
- As part of the Services, you may be invited to chat, contribute to, or participate in blogs, message boards, online forums, virtual meetings (including with other users) and other functionality (such contributions being Contributions) and you agree that your Contributions will not:
- include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap or breach any applicable law.
- You agree to keep confidential any information provided by us or other users as part of the Services (including any personal information), including in any blogs, message boards, online forums or virtual meetings.
- By posting your Contributions to any part of the Site, subject to Section 9, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose and distribute such Contributions for any purpose, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicenses of the foregoing.
- We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to hold us harmless from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
- We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; and (2) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions or the Contributions of other users of the Services.
- TERMINATION OF SERVICE
- We may terminate these Terms with immediate effect at any time if you breach any of your obligations set out herein.
- We may terminate these Terms with immediate effect at any time if you breach any of your obligations set out herein.
- DATA AND PRIVACY
- You are responsible for maintaining the confidentiality of the children and families that you are working with.
- We will treat any personal information shared with us as confidential. This is limited by any or all information that the Practitioner deems as a Child Protection or Safeguarding concern.
- Subject to section d, we will not share your information with any third party, unless required to do so pursuant to any ‘Child Protection’ or ‘Safeguarding’ concern, or as expressly requested to do so by you.
- By engaging with us, you consent to us analysing, reporting-on, or otherwise using or referring to the data provided by you. This will in all cases be done in an anonymous manner (i.e., you will not be identifiable through this process).
- Please review our Privacy Policy: https://olenka-dean.mykajabi.com/privacy-policy.
- COMPLAINTS
- We understand that disagreements can occur. It is our expectation that in the first instance disagreements or complaints are raised directly with the relevant Practitioner who is delivering the Services.
- In the event that complaints cannot be made to the relevant Practitioner or if you are unable to resolve your complaint with the relevant Practitioner, please direct your complaint to [email protected]. We endeavour to respond to all complaints within 28 days of receipt.
- We believe in the importance of collaborative practice. If you are not satisfied with our response to your complaint, please let us know and we will try our best to rectify the situation.
- We ask that all complaints are done in writing.
- Each Practitioner is registered with the Health and Care Professions Council (HCPC). If, after our response to your complaint you’re still not satisfied, please refer to https://www.hcpc-uk.org/concerns/raising-concerns/ for next steps.
- LIMITATION OF LIABILITY
- To the fullest extent allowed under applicable law, in no event will we or our directors, employees, or agents (including any Practitioner) be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive losses or damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, the Materials or the Services, even if we have been advised of the possibility of such damages, including, but not limited to, losses or damages relating to any: (i) errors, mistakes, or inaccuracies of any Materials; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site or the Services; (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Site or the Services; (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site; and/or (vi) any errors or omissions in any Materials or for any loss or damage of any kind incurred as a result of the use of any Materials.
- You agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any amendments incorporated herein); and (2) your violation of any law or the rights of a third party.
- Notwithstanding anything to the contrary contained herein, our liability to you (other than for fraud) for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the twelve (12) month period prior to any cause of action arising.
- We do not take responsibility for actions or behaviours made by other users of the Site or Services.
- We have not reviewed all of the sites linked to the Site and the Materials and we are not responsible for the contents of any such linked site. The inclusion of any link in the Materials or on the Site does not imply endorsement by us of the site. Use of any such linked website is at the user's own risk.
- We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to update, suspend or discontinue the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
- INTELLECTUAL PROPERTY AND CERTIFICATES OF ATTENDANCE
- Unless otherwise indicated, the Site and the Services (including any Materials) is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, materials, information and graphics on the Site and provided as part of the Services (collectively, the Content) and the trademarks, service marks, and logos contained therein (the Marks) are owned or controlled by us or licensed to us, and are protected by applicable law.
- Except as expressly provided in these Terms, no part of the Site or the Services (including any materials provided in connection with the Services) and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
- Use Licence
- Provided that you are eligible to use the Site and Services, you are granted a limited licence to access and use the Site and the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. This is the grant of a licence, not a transfer of title, and under this licence you may not: (i) modify or copy the Content; (ii) use the Content for any commercial purpose, or for any public display (commercial or non-commercial); (iii) attempt to decompile or reverse engineer any software contained on the Site; (iv) remove any copyright or other proprietary notations from the Content; or (v) transfer the Content to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions, upon which you must destroy any downloaded Content or any notes or materials derived from the Content in your possession whether in electronic, printed or written format.
- We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
- MISCELLANEOUS
- You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
- These Terms, the relevant payment terms agreed and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us.
- Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
- You may not assign any rights or obligations of these Terms at any time. We may assign any or all of our rights and obligations to others at any time.
- If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
- There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site.
- For any queries please contact [email protected].
- LAW AND JURISDICTION
- These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by English law.
- The English courts have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms (including a dispute relating to any non-contractual obligations arising out of or in connection with these Terms) and the parties submit to the exclusive jurisdiction of the English courts.