Terms and CONDITIONS - Privacy & cookies policy

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Coaching services terms and conditions

Please read these Terms and Conditions carefully. All contracts that the Coach may enter into from time to time for the provision of the Coach's services & Tarot readings shall be governed by these Terms and Conditions, and the Coach will ask the Client for the Client's express acceptance of these Terms and Conditions before providing any such services to the Client.

The Client will confirm they have read these terms and conditions.

This will be done by ticking an agreement box during time of checkout/at the time of purchasing the relevant service.

This will be done on the wellness fountain website.

The link to access and read these terms and conditions will be included via the form the client will read and confirm these terms and conditions.

If you have any question please contact me using the contact page prior to confirming and accepting the terms and conditions.

1.      Definitions

1.1    In these Terms and Conditions, except to the extent expressly provided otherwise:

"Business Day" means any weekday other than a bank or public holiday in England

"Business Hours" means the hours of [09:00 to 17:00 GMT/BST] on a Business Day;

"Charges" means the following amounts:

(a)    The amounts specified in Section 4 of the Statement of Work OR As described at time of Service purchase by the client on Wellness fountain website

(b)    such amounts as may be agreed in writing by the parties from time to time]; This includes the sessions purchased on the website by the client which outlines the charges for individual coaching session and for coaching programs.

(c)    amounts calculated by multiplying the Coach's standard time-based charging rates (as notified by the Coach to the Client before the date of the Contract) by the time spent by the Coach's personnel performing the Services rounded down by the Coach to the nearest quarter hour

"Client" means the person or entity identified as such in Section 1 of the Statement of Work;

"Client Premises" means [any premises owned or controlled by the Client at which the parties expressly or impliedly agree the personnel of the Coach shall provide Services];

"Coach" means Wellness fountain

"Contract" means a particular contract made under these Terms and Conditions between the Coach and the Client;

"Effective Date" means the date of execution of a Statement of Work incorporating these Terms and Conditions; or date the Service has commenced.

"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

"Services" means the coaching services & Tarot services specified in Section 2 of the Statement of Work;

"Statement of Work" means a written statement of work agreed by or on behalf of each of the parties; OR As described at time of Service purchase by the client on Wellness fountain

"Term" means the term of the Contract, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2; and

"Terms and Conditions" means all the documentation containing the provisions of the Contract, namely the main body of these Terms and Conditions and the Statement of Work as listed on the website , including any amendments to that documentation from time to time.

2.      Term

2.1    The Contract shall come into force upon the Effective Date.

2.2    The Contract shall continue in force until the final booked session and

(a)    all the Services have been completed; and

(b)    all the Charges have been paid in cleared funds,

        upon which it will terminate automatically, subject to termination in accordance with Clause 13.

2.3    Unless the parties expressly agree otherwise in writing, each Statement of Work shall create a distinct contract under these Terms and Conditions.

3.      Services

3.1    The Coach shall provide the Services to the Client in accordance with these Terms and Conditions.

3.2    The Coach shall provide the Services with reasonable skill and care

3.3    The Coach shall comply with all reasonable requests and directions of the Client in relation to the Services.

3.4    For the avoidance of doubt, the Coach does not guarantee that the receipt of the Services will lead to any particular result or outcome.

4.      Services appointments

4.1    The Coach shall provide the Services during appointments commencing on the date(s) and at the time(s) specified in the Statement of Work OR agreed from time to time between the parties in writing OR either specified in the Statement of Work or agreed from time to time between the parties in writing.

4.2    The Client acknowledges that work for other customers may from time to time lead to the Coach's personnel arriving late for a Services appointment, and agrees that the Coach will not be in breach of the Contract by virtue of the Coach's personnel being not more than 3 hours late for a Services appointment.

4.3    If a party wishes to reschedule a Services appointment, then that party must give to the other party a written request for such rescheduling at least 5 Business Days before the Services appointment is due to commence. In these circumstances, each party will use all reasonable endeavours to agree an alternative Services appointment.

4.4    The Client may cancel a Services appointment by giving to the Coach at least 14 days written notice of cancellation. If the Client cancels a Services appointment in accordance with this Clause 4.4, then the Client shall be released from any liability to pay Charges in respect of the relevant Services, and shall be entitled to a refund of any Charges previously paid in respect of those Services.

4.5    If the Coach is unable to attend a Services appointment by reason of personnel shortage or illness, then providing the Coach has used reasonable  endeavours to engage alternative personnel and does not cancel more than 3 consecutive Services appointments, the Coach may by written notice to the Client cancel the Services appointment, in which case:

(a)    the Coach shall not be in breach of these Terms and Conditions or otherwise liable to the Client in respect of a failure to supply the relevant Services; and

(b)    the Client shall be released from any liability to pay Charges in respect of the relevant Services, and shall be entitled to a refund of any Charges previously paid in respect of those Services.

8.      Payments

8.1    The Coach shall issue invoices for the Charges to the Client in advance of the delivery of the relevant Services to the Client.

8.2    The Client must pay the Charges to the Coach within the period of 5 days following the issue of an invoice in accordance with this Clause 8 OR the receipt of an invoice issued in accordance with this Clause 8.

8.3    The Client must pay the Charges by debit card, credit card, direct debit, bank transfer (using such payment details as are notified by the Coach to the Client from time to time).

8.4    If the Client does not pay any amount properly due to the Coach under these Terms and Conditions, the Coach may charge the Client interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate from time to time (which interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month).

9.      Distance and off-premises contracts: cancellation right

9.1    This Clause 9 applies if and only if the Client enters into the Contract with the Coach as a consumer - that is, as an individual acting wholly or mainly outside the Client's trade, business, craft or profession - where the Contract is a distance contract or off-premises contract within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

9.2    The Client may withdraw an offer to enter into the Contract with the Coach at any time; and the Client may cancel the Contract entered into with the Coach at any time within the period:

(a)    beginning when the Contract was entered into; and

(b)    ending at the end of 14 days after the day on which the Contract was entered into,

        subject to Clause 9.3. The Client does not have to give any reason for the withdrawal or cancellation.

9.3    The Client agrees that the Coach may begin the provision of services before the expiry of the period referred to in Clause 9.2, and the Client acknowledges that, if the Coach does begin the provision of services before the end of that period, then:

(a)    if the services are fully performed, the Client will lose the right to cancel referred to in Clause 9.2; and

(b)    if the services are partially performed at the time of cancellation, the Client must pay to the Coach an amount proportional to the services supplied or the Coach may deduct such amount from any refund due to the Client in accordance with this Clause 9.

9.4    In order to withdraw an offer to enter into the Contract or cancel the Contract on the basis described in this Clause 9, the Client must inform the Coach of the Client's decision to withdraw or cancel (as the case may be). The Client may inform the Coach by means of any clear statement setting out the decision. In the case of cancellation, the Client may inform the Coach using the cancellation form that the Coach will make available to the Client. To meet the cancellation deadline, it is sufficient for the Client to send its communication concerning the exercise of the right to cancel before the cancellation period has expired.

9.5    If the Client withdraws an offer to enter into the Contract, or cancels the Contract, on the basis described in this Clause 9, the Client will receive a full refund of any amount the Client paid to the Coach in respect of the Contract, except as specified in this Clause 9.

9.6    The Coach will refund money using the same method used to make the payment, unless the Client has expressly agreed otherwise. In any case, the Client will not incur any fees as a result of the refund.

9.7    The Coach will process the refund due to the Client as a result of a cancellation on the basis described in this Clause 9 without undue delay and, in any case, within the period of 14 days after the day on which the Coach is informed of the cancellation.

10.    

11.    Limitations and exclusions of liability

11.1  Nothing in these Terms and Conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law,

        and, if a party is a consumer, that party's statutory rights will not be excluded or limited by these Terms and Conditions, except to the extent permitted by law.

11.2  The limitations and exclusions of liability set out in this Clause 11 and elsewhere in these Terms and Conditions: 

(a)    are subject to Clause 11.1; and

(b)    govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.

11.3  The Coach will not be liable to the Client in respect of any losses arising out of a Force Majeure Event.

11.4  The Coach will not be liable to the Client in respect of any loss of profits or anticipated savings.

11.5  The Coach will not be liable to the Client in respect of any loss of revenue or income.

11.6  The Coach will not be liable to the Client in respect of any loss of business, contracts or opportunities.

11.7  The Coach will not be liable to the Client in respect of any special, indirect or consequential loss or damage.

12.    Force Majeure Event

12.1  If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under the Contract[ (other than any obligation to make a payment)], that obligation will be suspended for the duration of the Force Majeure Event.

12.2  A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under the Contract, must:

(a)    promptly notify the other; and

(b)    inform the other of the period for which it is estimated that such failure or delay will continue.

12.3  A party whose performance of its obligations under the Contract is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.

13.    Termination

13.1  Either party may terminate the Contract by giving to the other party at least 14 days  written notice of termination.

13.2  Either party may terminate the Contract immediately by giving written notice of termination to the other party if the other party commits a material breach of these Terms and Conditions.

13.3  Either party may terminate the Contract immediately by giving written notice of termination to the other party if:

(a)    the other party:

(i)     is dissolved;

(ii)    ceases to conduct all (or substantially all) of its business;

(iii)   is or becomes unable to pay its debts as they fall due;

(iv)   is or becomes insolvent or is declared insolvent; or

(v)    convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;

(b)    an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;

(c)    an order is made for the winding up of the other party, or the other party passes a resolution for its winding up[ (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under the Contract)]; or

(d)    if that other party is an individual:

(i)     that other party dies;

(ii)    as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or

(iii)   that other party is the subject of a bankruptcy petition or order.]

13.4  The Coach may terminate the Contract immediately by giving written notice to the Client if:

(a)    any amount due to be paid by the Client to the Coach under the Contract is unpaid by the due date and remains unpaid upon the date that that written notice of termination is given; and

(b)    the Coach has given to the Client at least 14 days written notice, following the failure to pay, of its intention to terminate the Contract in accordance with this Clause 13.4.

14.    Effects of termination

14.1  Upon the termination of the Contract, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): [Clauses 1, 8.2, 8.4, 11, 14 and 17].

14.2  Except to the extent that these Terms and Conditions expressly provides otherwise, the termination of the Contract shall not affect the accrued rights of either party.

16.    Subcontracting

16.1  Subject to any express restrictions elsewhere in these Terms and Conditions, the Coach may subcontract any of its obligations under the Contract, providing that the Coach must give to the Client, promptly following the appointment of a subcontractor, a written notice specifying the subcontracted obligations and identifying the subcontractor in question.

16.2  The Coach shall remain responsible to the Client for the performance of any subcontracted obligations. 

17.    General

17.3  The Contract may not be varied except by a written document signed by or on behalf of each of the parties.

17.4  The Client hereby agrees that the Coach may assign the Coach's contractual rights and obligations under the Contract to any successor to all or a substantial part of the business of the Coach from time to time OR any third party- providing that such action does not serve to reduce the guarantees benefiting the Client under the Contract. Save to the extent expressly permitted by applicable law, the Client must not without the prior written consent of the Coach assign, transfer or otherwise deal with any of the Client's contractual rights or obligations under the Contract.

17.5  The Contract is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Contract are not subject to the consent of any third party.

17.7  The Contract shall be governed by and construed in accordance with English law.

17.8  The courts of [England] shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Contract.

Terms and conditions of sale

1.1    These terms and conditions shall govern the sale and purchase of products through our website.

1.2    You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

1.3    This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

2.      Interpretation

2.1    In these terms and conditions:

(a)    "we" means Wellness-Fountain ; and

(b)    "you" means our customer or prospective customer,

        and "us", "our" and "your" should be construed accordingly.

3.      Order process

3.1    The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

3.2    No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3

3.3    To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

3.4    You will have the opportunity to identify and correct input errors prior to making your order contacting us through the contact page, or making relevant amendments prior to checking out and making payements.

4.      Products

        We may periodically change the products/ services available on our website, and we do not undertake to continue to supply any particular product or type of product.

5.      Prices

5.1    Our prices are quoted on our website.

5.2    We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

5.3    All amounts stated in these terms and conditions or on our website are stated inclusive of VAT

5.4    It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

5.5    In addition to the price of the products, you may have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

6.      Payments

6.1    You must, during the checkout process, pay the prices of the products you order.

6.2    Payments may be made by any of the permitted methods specified on our website from time to time.

6.3    If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

6.4    If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request: 

(a)    an amount equal to the amount of the charge-back;

(b)    all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)    an administration fee of [GBP 25.00 including VAT]; and

(d)    all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),

        and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.

7.      Deliveries

        We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

        We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 14 days following the date of the order confirmation; however, we do not guarantee delivery by this date.

8.      Distance contracts: cancellation right

8.1    This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

8.2    You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:

(a)    beginning upon the submission of your offer; and

(b)    ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a person identified by you to take possession of them).

8.3    In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

8.4    If you cancel a contract on the basis described in this Section 8, you must send the products back to us to the return address. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.

8.5    If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:

(a)    if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and

(b)    as otherwise provided in this Section 8.

8.6    If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.

8.7    We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

8.8    Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

8.9    You will not have any right to cancel a contract as described in this Section 8 insofar as the contract relates to:

(a)    [the supply of any sealed audio recordings, sealed video recordings or sealed computer software which have been unsealed by you];

(b)    [the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control and which may occur during the cancellation period];

(c)    [the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications];

(d)    [the supply of goods which are liable to deteriorate or expire rapidly];

(e)    [the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised];

(f)    [the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you]; or

(g)    [the supply of goods which are, according to their nature, inseparably mixed with other items after delivery].

9.      Warranties and representations

9.1    You warrant and represent to us that: 

(a)    you are legally capable of entering into binding contracts;

(b)    you have full authority, power and capacity to agree to these terms and conditions;

(c)    all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d)    you will be able to take delivery of the products.

9.2    We warrant to you that: 

(a)    we have the right to sell the products that you buy;

(b)    the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(c)    you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;

(d)    the products you buy will correspond to any description published on our website; and

(e)    the products you buy will be of satisfactory quality.

9.3    All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.

10.    Limitations and exclusions of liability

10.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law,

        and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

10.2  The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions: 

(a)    are subject to Section 10.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

10.3  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

10.4  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

10.5  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

11.    Order cancellation

11.1  We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if: 

(a)    you fail to pay, on time and in full, any amount due to us under that contract; or

(b)    you commit any breach of that contract.

11.2  You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any[ material] breach of that contract.

11.3  We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

 14.    Variation

14.1  We may revise these terms and conditions from time to time by publishing a new version on our website.

14.2  A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

15.    Assignment

15.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

15.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions. 

16.    No waivers

16.1  No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

16.2  No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

17.    Severability

17.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

20.    Law and jurisdiction

20.1  These terms and conditions shall be governed by and construed in accordance with [English law].

20.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

21.    Statutory and regulatory disclosures

21.1  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

21.2  These terms and conditions are available in the English language only.


Privacy & cookies policy

 1.      Introduction

1.1    We are committed to safeguarding the privacy of service users

1.2    This policy applies where we are acting as a data controller with respect to the personal data of such persons; in other words, where we determine the purposes and means of the processing of that personal data.

1.3    Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the collection, sharing and publication of your personal data.

1.4    We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.

1.5    In this policy, "we", "us" and "our" refer to Aqua Seer8. For more information about us, see Section 20.

2.      The personal data that we collect

2.1    In this Section 2 we have set out the general categories of personal data that we process and, in the case of personal data that we did not obtain directly from you, information about the source and specific categories of that data.

2.2    We may process data enabling us to get in touch with you ("contact data"). The contact data may include your name, email address, telephone number, postal address and/or social media account identifiers. The source of the contact data is you.  If you log into our website using a social media account, we will obtain elements of the contact data from the relevant social media account provider.

2.3    We may process your website user account data ("account data"). The account data may include your account identifier, name, email address, business name, account creation and modification dates, website settings and marketing preferences. The primary source of the account data is You and/or your employer, although some elements of the account data may be generated by our website. If you log into our website using a social media account, we will obtain elements of the account data from the relevant social media account provider.

2.4    We may process your information included in your personal profile on our website ("profile data"). The profile data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details, and employment details. The source of the profile data is you and/or your employer. If you log into our website using a social media account, we will obtain elements of the profile data from the relevant social media account provider.

2.5    We may process information relating to our customer relationships ("customer relationship data"). The customer relationship data may include your name, the name of your business or employer, your job title or role, your contact details, your classification / categorisation within our customer relationship management system and information contained in or relating to communications between us and you, or between us and your employer. The source of the customer relationship data is you and/or your employer.

2.6    We may process your personal data that are provided in the course of the use of our services and generated by our services in the course of such use ("service data"). The source of the service data is you and/or your employer and/or our service.

2.7    We may process information relating to transactions, including purchases of goods and/or services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your name, your contact details, your payment card details (or other payment details) and the transaction details.  The source of the transaction data is you and/or our payment services provider.

2.8    We may process information contained in or relating to any communication that you send to us or that we send to you ("communication data"). The communication data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms.

2.9    We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system.

2.10  We may process information provided for the service purchasedThis data may include information provided to provide services such as tarot reading and coaching sessions. The source of this data is the contact form you complete at time of purchase. Or information submitted within the contact form. 

2.11  Please do not supply any other person's personal data to us, unless we prompt you to do so.

3.      Purposes of processing and legal bases

3.1    In this Section 3, we have set out the purposes for which we may process personal data and the legal bases of the processing.

3.2    Operations - We may process your personal data for the purposes of operating our website, the processing and fulfilment of orders, providing our services, supplying our goods, generating invoices, bills and other payment-related documentation, and credit control. The legal basis for this processing is our legitimate interests, namely the proper administration of our website, services and business

3.3    Publications - We may process account data, profile data and/or service data for the purposes of publishing such data on our website and elsewhere through our services in accordance with your express instructions. The legal basis for this processing is consent OR our legitimate interests, namely the publication of content in the ordinary course of our operations.

3.4    Relationships and communications - We may process contact data, account data, customer relationship data, transaction data and/or communication data for the purposes of managing our relationships, communicating with you (excluding communicating for the purposes of direct marketing) by email, SMS, post, fax and/or telephone, providing support services and complaint handling. The legal basis for this processing is our legitimate interests, namely communications with our website visitors, service users, individual customers and customer personnel, the maintenance of our relationships, enabling the use of our services, and the proper administration of our website, services and business.

3.5    Personalisation - We may process account data, service data and/or usage data for the purposes of personalising the content and advertisements that you see on our website and through our services to ensure that you only see material that is relevant to you. The legal basis for this processing is our legitimate interests, namely offering the best possible experience for our website visitors and service users.

3.6    Direct marketing - We may process contact data, account data, profile data, customer relationship data and/or transaction data for the purposes of creating, targeting and sending direct marketing communications by email, SMS, post and/or fax and making contact by telephone for marketing-related purposes. The legal basis for this processing is consent OR our legitimate interests, namely promoting our business and communicating marketing messages and offers to our website visitors and service users.

3.7    Research and analysis - We may process usage data, service data and/or transaction data for the purposes of researching and analysing the use of our website and services, as well as researching and analysing other interactions with our business. The legal basis for this processing is consent OR our legitimate interests, namely monitoring, supporting, improving and securing our website, services and business generally.

3.8    Record keeping - We may process your personal data for the purposes of creating and maintaining our databases, back-up copies of our databases and our business records generally. The legal basis for this processing is our legitimate interests, namely [ensuring that we have access to all the information we need to properly and efficiently run our business in accordance with this policy.

3.9    Security - We may process your personal data for the purposes of security and the prevention of fraud and other criminal activity. The legal basis of this processing is our legitimate interests, namely the protection of our website, services and business, and the protection of others.

3.10  Insurance and risk management - We may process your personal data where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks and/or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

3.11  Legal claims - We may process your personal data where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others].

3.12  Legal compliance and vital interests - We may also process your personal data where such processing is necessary for compliance with a legal obligation to which we are subject or in order to protect your vital interests or the vital interests of another natural person.

4.      Automated decision-making

5.      Providing your personal data to others

5.1    

5.2    We may disclose your personal data] to our insurers and/or professional advisers] insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice.

5.3    Your personal data held in our website database will be stored on the servers of our hosting services providers identified at  https://aquaseer8.com/.

5.4    

5.5    Financial transactions relating to our website and services are or may be handled by our payment services providers, paypal, stripe, squarespace . We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. 

5.7    In addition to the specific disclosures of personal data set out in this Section 5, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise, or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

6.      International transfers of your personal data

6.1    In this Section 6, we provide information about the circumstances in which your personal data may be transferred to a third country under protection UK and/or EU data protection law.

6.2    We may transfer your personal data from the European Economic Area (EEA) to the UK and process that personal data in the UK for the purposes set out in this policy, and may permit our suppliers and subcontractors to do so, during any period with respect to which the UK is not treated as a third country under EU data protection law or benefits from an adequacy decision under EU data protection law; and we may transfer your personal data from the UK to the EEA and process that personal data in the EEA for the purposes set out in this policy and may permit our suppliers and subcontractors to do so, during any period with respect to which EEA states are not treated as third countries under UK data protection law or benefit from adequacy regulations under UK data protection law.  

6.6    You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

7.      Retaining and deleting personal data

7.1    This Section 7 sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

7.2    Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

7.3    We will retain your personal data as follows:

(a)    contact data will be retained for a minimum period of 3 months following the date of the most recent contact between you and us, and for a maximum period of 6 months following that date

(b)    account data will be retained for a minimum period of 3 months following the date of closure of the relevant account, and for a maximum period of 6 months following that date

(c)    profile data will be retained for a minimum period of 3 months following the date of deletion of the profile by you, and for a maximum period of months following that date;

(d)    customer relationship data will be retained for a minimum period of 3 months following the date of termination of the relevant customer relationship and for a maximum period of 6 months following that date

(e)    service data will be retained for a minimum period of 3 months following the date of termination of the relevant contract, and for a maximum period of 6 months following that date;

(f)    transaction data will be retained for a minimum period of 3 months following the date of the transaction, and for a maximum period of 6 months following that date;

(g)    [communication data will be retained for a minimum period of 3 months following the date of the communication in question, and for a maximum period of 6 months following that date

(h)    usage data will be retained for 3 months following the date of collection; and

(i)     service data will be retained for a minimum period of 3 months following date of collection, and for a maximum period of 6 months following date of collection.

7.5    If you grant to us a licence to publish any of your personal data, we may continue to retain and publish that personal data after the end of the relevant retention period specified in this Section 7 in accordance with the applicable licence terms, subject to your data subject rights. If we cease to publish such personal data after the end of the relevant retention period specified in this Section 7, that personal data will be retained for a minimum period of 3 months and a maximum period of 6 months following the date that publication ceases.

7.6    Notwithstanding the other provisions of this Section 7, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

8.      Security of personal data

8.1    We will take appropriate technical and organisational precautions to secure your personal data and to prevent the loss, misuse or alteration of your personal data.

8.2    We will store your personal data on secure servers, personal computers and mobile devices, and in secure manual record-keeping systems.

8.3    The following personal data will be stored by us in encrypted form: your name, contact information, password(s) and cardholder data.

8.4    Data relating to your enquiries and financial transactions that is sent from your web browser to our web server, or from our web server to your web browser, will be protected using encryption technology.

8.5    You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

8.6    You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the password you use for accessing our website confidential and we will not ask you for your password (except when you log in to our website).

9.      Your rights

9.1    In this Section 9, we have listed the rights that you have under data protection law.

9.2    Your principal rights under data protection law are:

(a)    the right to access - you can ask for copies of your personal data;

(b)    the right to rectification - you can ask us to rectify inaccurate personal data and to complete incomplete personal data;

(c)    the right to erasure - you can ask us to erase your personal data;

(d)    the right to restrict processing - you can ask us to restrict the processing of your personal data;

(e)    the right to object to processing - you can object to the processing of your personal data;

(f)    the right to data portability - you can ask that we transfer your personal data to another organisation or to you;

(g)    the right to complain to a supervisory authority - you can complain about our processing of your personal data; and

(h)    the right to withdraw consent - to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.

9.3    These rights are subject to certain limitations and exceptions. You can learn more about the rights of data subjects by visiting [https://edpb.europa.eu/our-work-tools/general-guidance/gdpr-guidelines-recommendations-best-practices_en and https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/].

9.4    You may exercise any of your rights in relation to your personal data by written notice to us, using the contact details set out below. Info@Bri-SW7.com

9.5    In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

9.6    In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

9.7    You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

9.8    You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

9.9    You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

9.10  To the extent that the legal basis for our processing of your personal data is:

(a)    consent; or

(b)    that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

        and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

9.11  If you consider that our processing of your personal data infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. In relation to complaints under EU data protection law, you may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement; in relation to complaints under UK data protection law, you should do so in the UK.

9.12  To the extent that the legal basis for our processing of your personal data is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

9.13  You may exercise any of your rights in relation to your personal data by written notice to us,  in addition to the other methods specified in this Section 9].

10.    Third party websites

10.1  Our website includes hyperlinks to, and details of, third party websites.

10.2  In general we have no control over, and are not responsible for, the privacy policies and practices of third parties.

11.    Personal data of children

11.1  Our website and services are targeted at persons over the age of 18

11.2  If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.

12.    Updating information

12.1  Please let us know if the personal information that we hold about you needs to be corrected or updated.

14.    About cookies

14.1  A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

14.2  Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

14.3  Cookies may not contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.

16.    Cookies used by our service providers

16.1  Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

16.2  We use may Google Analytics. Google Analytics gathers information about the use of our website by means of cookies. The information gathered is used to create reports about the use of our website. You can find out more about Google's use of information by visiting https://www.google.com/policies/privacy/partners/ and you can review Google's privacy policy at https://policies.google.com/privacy

17.    Managing cookies

17.1  Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a)    https://support.google.com/chrome/answer/95647 (Chrome);

(b)    https://support.mozilla.org/en-US/kb/enhanced-tracking-protection-firefox-desktop (Firefox);

(c)    https://help.opera.com/en/latest/security-and-privacy/ (Opera);

(d)    https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies(Internet Explorer);

(e)    https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac (Safari); and

(f)    https://support.microsoft.com/en-gb/help/4468242/microsoft-edge-browsing-data-and-privacy (Edge).

17.2  Blocking all cookies will have a negative impact upon the usability of many websites.

17.3  If you block cookies, you will not be able to use all the features on our website.

19.    Amendments

19.1  We may update this policy from time to time by publishing a new version on our website.

19.2  You should check this page occasionally to ensure you are happy with any changes to this policy.

20.    Our details

20.1  This website is owned and operated by Square Space - Wellness-Fountain

20.2  

20.4  You can contact us:

(b) using our website contact form Or by email