ECOSENSORY THERAPY LIMITED TERMS AND CONDITIONS

 

BACKGROUND:

 

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, https://www.ecosensorytherapy.com/ (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

  • Definitions and Interpretation 
    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
“We/Us/Our” means EcoSensory Therapy a company registered in England under 12621960 whose registered address is and whose main trading address is 29 The Dell, Great Baddow, Chelmsford, Essex, CM2 7JY 

    • Information About Us
      1. Our Site, https://www.ecosensorytherapy.com/, is owned and operated by EcoSensory Therapy, a limited company registered in England under under 12621960 whose registered address is and whose main trading address is 29 The Dell, Great Baddow, Chelmsford, Essex, CM2 7JY
    • Access to Our Site
      1. Access to Our Site is free of charge.
      2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
      3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
    • Intellectual Property Rights
      1. All Content included on Our Site, and training materials and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
      2. Subject to sub-Clause[s] 4.3 [and 4.6] you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
      3. You may:
        1. Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
        2. Download Our Site (or any part of it) for caching;
        3. Print pages from Our Site;
        4. Download extracts from pages on Our Site; and
        5. Save pages from Our Site for later and/or offline viewing.
      4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
      5. You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.]
      6. [Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.]
    • Links to Our Site (need to discuss/agree this section re links)
      1. You may link to Our Site provided that:
        1. You do so in a fair and legal manner;
        2. You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
        3. You do not use any logos or trademarks displayed on Our Site without receiving our express written permission; and
        4. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
    1. Framing or embedding of Our Site on other websites is not permitted without Our express written permission.  Please contact Us at info@ecosensorytherapy.com for further information.
    2. You may not link to Our Site from any other site the main content of which contains material that:
      1. is sexually explicit;
      2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
      3. promotes violence;
      4. promotes or assists in any form of unlawful activity;
      5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
      6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      7. is calculated or is otherwise likely to deceive another person;
      8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
      9. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
      10. implies any form of affiliation with Us where none exists;
      11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
      12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    3. The content restrictions in sub-Clause 5.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.4.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
    • Links to Other Sites

    Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

     

    • Disclaimers
      1. EcoSensory Therapy training courses are designed to provide up-to-date information in regard to the subject matter covered. The course authors have made every effort to ensure the accuracy of the information herein.
      2. It is the responsibility of every practitioner to evaluate the appropriateness of a particular treatment technique in the context of actual clinical situations and with due consideration to new developments.
      3. The course authors cannot be held responsible for any malpractice committed by course participants in their clinical work.
      4. We take every care to ensure that the training we provide in outside spaces is as safe as it can be, including carrying out necessary risk assessments.  However individuals need to ensure that they don’t take unnecessary risks, and only do things that are within their capabilities.  Health and safety is everyone’s responsibility.  
      5. Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action relating to EcoSensory Therapy. Practitioners of the EcoSensory Therapy model might cover and align with our fidelity model, and work within the safe limits of their capability and professional practice. 
      6. Practitioners must read and align their practice with the ‘Structural’ and ‘Process’ element requirements of our EcoSensory Therapy Fidelity Measure for EcoSensory Practice and running of sessions.
      7. Practitioners of the EcoSensory Therapy model must only use titles for their qualification appropriately in line with their training level and receipt of certificate completion. Please review the EcoSensory therapy Fidelity Measure to ensure you work in accordance.
      8. Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
      9. We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
    • Our Liability
      1. To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
      2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
      3. We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.  We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
      4. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
      5. Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
    • Viruses, Malware and Security
      1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
      2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
      3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
      4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
      5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
      6. By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.
    • Acceptable Usage Policy
      1. You may only use Our Site in a manner that is lawful.  Specifically:
        1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
        2. you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
        3. you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
        4. you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
      2. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:
        1. suspend, whether temporarily or permanently, your right to access Our Site;
        2. issue you with a written warning;
        3. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
        4. take further legal action against you as appropriate;
        5. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
        6. any other actions which We deem reasonably appropriate (and lawful).
      3. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
    • Privacy and Cookies

    Use of Our Site is also governed by Our Cookie and Privacy Policies. These policies are incorporated into these Terms and Conditions by this reference.

     

    • Changes to these Terms and Conditions
      1. We may alter these Terms and Conditions at any time.  [If We do so, details of the changes will be highlighted at the top of this page.]  Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
      2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
    • Contacting Us

    To contact Us, please email Us at info@ecosensorytherapy.com.

     

    • Communications from Us
      1. If We have your contact details, and you have signed up to our newsletter, We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
      2. We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to 14 business days for Us to comply with your request.  During that time, you may continue to receive emails from Us.
      3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at info@ecosensorytherapy.com.
    • Data Protection
      1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
      2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable).
    • Law and Jurisdiction
      1. These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales
      2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
      3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency. 
      4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of England & Wales.
    • All terms and conditions outlined below apply to all registrations onto our online courses.
    • Eligibility

    You (as Registrant) must be 18 years of age or older to participate in a EcoSensory Therapy Ltd Online Course.  You will need sufficient fluency in the language in which the Online Course is presented.

     

    •  Payment / Registration
      1. The fee for the Online Course (the “Fee”) must be paid in full at the time of registration. Registration is not complete until EcoSensory Therapy Ltd has received such full payment of the Fee. You are responsible for non-payment, even if the Fee is being paid by a third party. After successful registration, you will receive an e-mail from EcoSensory Therapy Ltd acknowledging your enrollment in the Online Course.
      2. The Fee consists of a registration fee and tuition fees. Courses will be billed in Pound Sterling. Accepted payment methods are PayPal, or bank transfer.
      3. You agree to provide accurate and complete registration information.  Submission of your registration, alongside full payment of the Fee constitute your acceptance of these Terms and Conditions.
    • Cancellations and Refunds
    1. Cancellation by you
      1. Your right to cancel your contract with EcoSensory Therapy Ltd and obtain a refund depends on the nature of the course that you have paid for.
      • Online and Certificate Courses: 
      • You have the right to cancel your contract for an online or Certificate Course with EcoSensory Therapy Ltd at any time up to the commencement of the Online Course.  You will receive a full refund of any payments you have made.
      • You also have the right to cancel your contract for a online or Certificate Course within EcoSensory Therapy Ltd at any time within 14 days of your date of purchase.  You shall receive a full refund of any payments you have made, unless such cancellation is made more than 1 day after the commencement of the course, in which case you will be required to pay for any part of your Online Course that has taken place or been made available to you before you give notice of cancellation.  This amount will be calculated by EcoSensory Therapy Ltd on a pro rata basis. 
      • To exercise your cancellation rights as set out above, please inform us in writing, either by email to info@ecosensorytherapy.com Please write the name of your Online Course in the subject-line of your email 
      • This cancellation right is provided to you in line with the Consumer Rights Directive (2011/83/EU) but applies regardless of whether you are a buyer located in the EU acting as a consumer and not for business purposes.
      • If you cancel your registration in an Online Course at any time after the periods described above, you will not be entitled to a refund, except in exceptional circumstances, which will be entirely at the discretion of EcoSensory Therapy Ltd. If a refund is granted to you, an administration fee may be charged.
      • To request such cancellation, please inform us in writing, either by email to info@ecosensorytherapy.com Please write the name of your Online Course in the subject-line of your email 
      • In person Training course: 
          1. All cancellations must be sent via email to info@ecosensorytherapy.com
          2. All cancellations, regardless of the notice time provided, are subject to a £25 administration fee.
          3. Depending on the cancellation notice provided you might be eligible for a full or part refund, see below.
          4. If cancelled more than 60 days before the course start date we will refund 100% of course fees, less the aforementioned administration fee of £25.
          5. If cancelled between 50 and 60 days before the course start date, we will refund 90% of course fees. If the invoice is unpaid at the time of cancellation, you will be liable for 10% of the fee due.
          6.  If cancelled between 35 and 50 days before the course start date, we will refund 50% of course fees. If the invoice is unpaid at the time of cancellation, you will pay 50% of the fee due.
          7. For bookings cancelled less than 35 days before the course start date or for ‘non-attendance’, no refund will be made. If the invoice is unpaid at the time of cancellation, you will still be liable for 100% of the course fee.
          8. Places may be transferred to a future In Leaf course at the discretion of EcoSensory Therapy Ltd. Should your place be transferred onto a future ‘In Leaf’ course, you will not be entitled to a financial refund if you need to cancel again.
      1. Cancellation by us
      1. EcoSensory Therapy Ltd reserves the right to cancel the Online Course by giving you notice in writing (including by email) at any time before the course is due to start. EcoSensory Therapy Ltd will refund all fees paid by you and if possible, will endeavour to offer a transfer to another course as an alternative, subject to payment or refund of any difference in purchase price.
      2. EcoSensory Therapy Ltd’s liability when it cancels an Online Course will be limited to a refund of the Fee or any other charges paid for the cancelled Online Course. For partial cancellation of an Online Course, such refunds will be made on a proportionate basis. All dates are subject to change, however notice of such change will be given and refunds will not be issued for any rescheduled class.
      3. Please email to arrange your refund to info@ecosensorytherapy.com Please write the name of your Online Course in the subject-line of your email under this paragraph 3. You should allow up to 6 weeks for the credit to appear on your bank statement.
      • Course Content
        1. The course description is intended to indicate only the general nature of the course and does not guarantee content. EcoSensory Therapy Ltd reserves the right to amend the course and alter details at its discretion.
        2. EcoSensory Therapy Ltd is not responsible if you fail to meet the Online Course requirements and you should ensure that you allocate sufficient time to allow you to successfully complete the Online Course. Refunds are only available as set out in paragraph 3 above.
      • Student Conduct
      1. By continuing to access or use the Online Course and the website www.christies.edu (the “Website”), or any content located via the Online Course and/or on the Website, you signify your acceptance of the below terms.  EcoSensory Therapy Ltd may modify these terms and conditions from time to time.
      2. EcoSensory Therapy Ltd grants you a limited licence to access and use the content located via the Online Course and/or on the Website in connection with the Online Course you are enrolled in.  As a condition of such licence, you agree that:
        1. All materials – including but not limited to text, photographs, video, audio, images and any other content – appearing via the Online Course and/or on the Website are protected by copyrights and/or other proprietary rights belonging to EcoSensory Therapy Ltd and/or other third parties. You agree to abide by all applicable laws regarding copyrights, trademarks, publicity rights and privacy rights in the US, UK and any other jurisdiction from which you are accessing the Website.
        2. You may not copy, reproduce, duplicate, distribute, disseminate, publish, post, display, perform, modify, create derivative works from, upload to, transmit, or in any way exploit any content from the Online Course and/or on the Website.  You may not sell or offer for sale any of the content, or allow third parties to access it, or use such content to construct any kind of database. You may use the content from the Online Course and/or on the Website only for personal, non-commercial use.
        3. Any violation of these terms may result in your expulsion from the Online Course and/or EcoSensory Therapy Ltd, and you may be subjected to fines and penalties.
        4. You agree to maintain the security of any user name and password required for accessing the Online Course.  You will notify us promptly if you become aware of any unauthorised use of your username and/or password.
      • Additionally, you will be required to comply with the Terms of Use.
      • The Company makes no claim that the Online Course content is appropriate for any particular purpose or audience, or that it may be downloaded outside of the United Kingdom or the United States. Access to the Online Course may not be legal by certain persons or in certain countries. When accessing the Online Course and/or the Website, you are responsible for compliance with the laws of your jurisdiction.
      • EcoSensory Therapy Ltd reserves the right to remove you from the Online Course and/or the Website if you do not respect these guidelines, EcoSensory Therapy Ltd staff and/or fellow students.
      • Data Protection

      By registering with EcoSensory Therapy Ltd and by paying the fees, you agree to EcoSensory Therapy Ltd collecting and using your personal data. This will be done in accordance with the Data Protection Act 1998 and EcoSensory Therapy Ltd’s Privacy Policy, available at https://www.christies.edu/privacy-policy.aspx.

      •  Technology Requirements

      The Online Course is facilitated through an online learning management system. It is your responsibility to ensure that you have the proper hardware and software requirements, along with access to Wi-Fi, to be able to participate in the course. You will need to ensure you have the proper technology at the time of registration as will be provided with the registration details

       

      • EcoSensory Therapy Ltd is not be responsible for any errors or failures in relation to your ability to access the Online Course, the Website or any related materials, including where such errors or failures are caused by: (i) a loss of connection on EcoSensory Therapy Ltd or your end; (ii) a breakdown or problems with the online software and/or (iii) a breakdown or problems with your internet connection, computer or system.
      • Should a situation arise that is not covered by these Terms and Conditions, EcoSensory Therapy Ltd reserves the right to take any reasonable and fair action that we think appropriate
          1. All cancellations must be sent via email to info@ecosensorytherapy.com
          2. All cancellations, regardless of the notice time provided, are subject to a £25 administration fee.
          3. Depending on the cancellation notice provided you might be eligible for a full or part refund, see below.
      • 2.2..1 If cancelled more than 60 days before the course start date we will refund 100% of course fees, less the aforementioned administration fee of £25.
      • 2.2.2 If cancelled between 50 and 60 days before the course start date, we will refund 90% of course fees. If the invoice is unpaid at the time of cancellation, you will be liable for 10% of the fee due.
      • 2.2.3 If cancelled between 35 and 50 days before the course start date, we will refund 50% of course fees. If the invoice is unpaid at the time of cancellation, you will pay 50% of the fee due.
      • 2.2.4 For bookings cancelled less than 35 days before the course start date or for ‘non-attendance’, no refund will be made. If the invoice is unpaid at the time of cancellation, you will still be liable for 100% of the course fee.
      • 2.3.1. Places may be transferred to a future In Leaf course at the discretion of EcoSensory Therapy Ltd. Should your place be transferred onto a future ‘In Leaf’ course, you will not be entitled to a financial refund if you need to cancel again.