Terms and Conditions for the Silent Counselling Practitioners Training

These Terms and Conditions (“Terms”) apply to the delivery of the Silent Counselling Practitioner Training by The Institute of Silent Counselling (“We”, “Us”) to you (as defined in Schedule 1 and being, “You” or “Your”) (together, “the Parties”).

When you sign or otherwise electronically accept this Agreement, you are agreeing to abide by the terms and conditions of this Agreement as set out below.

Introduction

In accordance with these Terms, including the Schedules and our privacy notice which can be found at www.marjorie@healing.scot or www.alvinamenzies.com we agree to deliver the Training, as further defined below, to you in exchange for you providing us with payment of the relevant Fee (as set out below).

1 Definition and Interpretation

1.1 Within these Terms, unless the context otherwise requires, the following expressions have the following meanings:

2 The Training

2.1 Our Agreement will begin when you electronically accept these Terms and it will continue until you complete the Training or while you remain as a Silent Counsellor Practitioner, whichever is the later, unless it is otherwise terminated in accordance with these Terms.

2.2 The Training will be delivered via In-person and Online Sessions and the provision of relevant Content.

2.3 Any information, Content, support, or guidance we provide to you as part of the Training is intended for a group audience and should not be relied upon as information personal to you, unless we expressly advise otherwise, and it does not constitute legal, medical, or financial advice. If you require any contact or support which is over and above the support included as part of the training, then this may be offered at our discretion but will require separate terms and payment arrangements and is strictly subject to availability.

3 Accessing Sessions and Private Groups

3.1 The dates and times of all Sessions will be confirmed by email. You must update us should your email or other contact details change.

3.2 Attendance at all Sessions is mandatory to qualify as a Silent Counselling Practitioner. It will be your responsibility to check for emails and posts regarding Session times and to attend at the relevant time. All Sessions are delivered live and are not recorded. If you are unable to attend an In-person session, then you should notify us as soon as reasonably possible so we can discuss alternative arrangements.

3.3 If we are unable to attend a session, then we will make all reasonable attempts to provide as much notice as possible and to reschedule to a time convenient to the majority of Trainee Practitioners.

3.4 Your safety and welfare are very important to us, and our aim is to create a Training environment where all Trainee Practitioners feel safe and comfortable. To support this, we ask you to be responsible for your own behaviour and energy and to conduct yourself in a reasonable and responsible manner when using and/or accessing any part of the Training and not to act in a manner which may cause offence, distress, or alarm to any other Trainee Practitioners.

3.5 When interacting with other Trainee Practitioners during the Training, you agree:

3.5.1 not to share any information, whether expressed to be confidential or not, that is shared by another Trainee Practitioner; and

3.5.2 not to capture or share images of any Trainee Practitioners or that include any Trainee Practitioner without that Trainee Practitioner’s express permission; and

3.5.3 not to record any part of any Session for your personal use or any other purpose; and

3.5.4 not to use any Private Group for any unlawful purpose; and that when you access any Session or Private Group that you will not upload, post, transmit or otherwise make available any content which:

a) is by its nature defamatory, libellous, obscene, demeaning or which causes offence to another individual whether a Trainee Practitioner or not and whether intended or not; or which

b) discloses personal and/or confidential or sensitive information about another person, whether that person is a Trainee Practitioner or not; or

c) is threatening, or causes us or a Trainee Practitioner to feel harassed or in fear; and/or

d) is classed as spam.

3.6 If at any point you become aware of any inappropriate behaviour, comments or content being shown or displayed by a Trainee Practitioner then you agree to notify us as soon as possible.

3.7 When you set up access to our Private Groups or areas, it shall be your responsibility to keep your password or any other access information private, safe, and secure and to notify us should you become aware of, or suspect that, a third party is aware of your password or access details.

4 Our expectations when we work together

4.1 By choosing to purchase the Training you are confirming that you are over 18, that you are legally capable of entering into a legally binding contract and that all information you provide to us is true and accurate.

4.2 You accept that to obtain maximum benefit from the Training and the opportunity to qualify as a Silent Counselling Practitioner, that you shall be responsible for participating fully in the Training, attending all of the Sessions and communicating with us openly and honestly throughout.

5 Your welfare during the Training

5.1 We created the Training to provide you with the information, tools, materials, and skills to support you in becoming a Silent Counselling Practitioner and the Content provided should not be used for any other purpose. Whilst some of the Content in the Training can be used for personal development purposes, it should not be seen as a substitute for counselling or other therapy services, or as an alternative to any existing medical treatment that you are undergoing or may require. If you are currently seeking medical or other professional help concerning your physical or mental health, or if you are unsure as to your physical or mental capacity to fully and safely participate in the Training, then you agree to seek advice from a relevant medical professional and inform us if appropriate and relevant. You should not stop taking any medications or undertaking any medical treatments without first speaking to your qualified medical or healthcare provider.

5.2 Where we provide access to Content which can be used for personal development purposes it will only be Content which our Training facilitators are qualified and insured to provide. Whilst we strongly believe in the benefits of any self-development related Content that we share, the results and outcomes which you may experience will vary and are not guaranteed.

5.3 During your participation in the Training, you may be exposed to information or situations that trigger deep or otherwise unresolved emotional responses. By using and participating in the Training you are confirming to us that you are mentally well enough to do so and that you understand that you are, and will remain at all times, personally responsible for managing your own emotional state. You agree not to hold us liable for any emotional distress experienced as a result of your access to the Training and we reserve the right to terminate your access where we have concerns as to your suitability to safely use it.

5.4 We are not qualified medical or health practitioners and do not provide medical consultations or advice relating to medical, psychological, psychiatric or any health conditions. If you require information or assistance concerning any medical or health related issue, then you should seek the advice of your qualified medical practitioner.

5.5 Where you choose to participate in any interactive demonstrations offered as part of the Training, then you acknowledge that any decision to participate is voluntary and at your own risk. You agree to inform us if at any time you feel uncomfortable or unsafe with any aspect of the Training or if you have any concerns with the delivery of the Training or your ability to use or access the Training Services.

6 Qualification as a Silent Counselling Practitioner

6.1 As part of the Training, you will be offered the opportunity to qualify as a Silent Counselling Practitioner. To qualify as Silent Counselling Practitioner, you will need to complete the qualification criteria below:

6.1.1 Attendance at all In-person and Online Sessions; and

6.1.2 Submission of 6 written case studies meeting with clients on two occasions.

6.2 If you do not complete the above criteria in full you will be entitled to a further opportunity to successfully complete the criteria at no additional cost to you. Should your second attempt be unsuccessful then we reserve our rights to charge a fee in respect of our time and administration costs for any further attempts.

6.3 If you have any disabilities or there are other reasons or circumstances which may affect your successful completion of the Training you should contact us so that we can consider, as far as possible, any reasonable adjustments to allow you to complete the Training.

6.4 The decision to award the Silent Counselling Practitioner certification shall be at our absolute discretion. We make no guarantee that you will successfully achieve any qualification as a result of your participation in the Training. Any appeals concerning qualification decisions should be in writing and sent to alvinamenziescoach@gmail.com.

6.5 No refunds will be provided where a decision is made not to provide you with the Silent Counselling Practitioner Certification, although we may offer you the opportunity to retake the assessment or certain elements of the Training again at no extra cost if you have fully complied with the Training, attended all sessions and completed all assessments, any such decision will be at our absolute discretion.

6.6 The Assessment criteria must be completed within 3 months of completion of the Training unless we expressly agree otherwise.

6.7 The Institute of Silent Counselling is authorised by the IPHM as a training provider and the Training is approved by the IPHM credited by the IAPC&M. All certifications are awarded by The Institute of Silent Counselling and not the IPHM. Upon successful completion of the Training and the assessment criteria set out above, you will be entitled, subject to the Practitioner Licence terms, to offer Silent Counselling services to your own clients. When offering services as a Silent Counselling Practitioner, you agree to comply with any ethical codes, rules, regulations or guidance as we may provide or that may be provided by the IPHM, and it will be your responsibility to ensure you maintain awareness of and keep up to date with any such requirements.

7 Compliance with ethical and professional standards

7.1 As part of your access to the Training you will have the opportunity to learn, develop and experience powerful methods, tools and techniques. When learning and using these tools you agree to use them responsibly and ethically and you agree to comply with any code of conduct or ethics that we provide to you.

7.2 Should we determine that, in our reasonable opinion, you have acted in a way which is in breach of any relevant ethical or moral guidelines, CPD requirements, code of conduct or other regulations or guidance we have provided to you, then we shall be entitled to revoke your Silent Counselling Practitioner certification and any associated licenses and terminate your access to the Training, including Content, without refund.

7.3 You shall be responsible for ensuring that you comply with all rules, regulations and codes of conduct that apply to your work as a service provider or coach or in respect of any services that you deliver or intend to deliver outside of the Training and that you have in place adequate insurance.

8 Your Purchase of the Training

8.1 Your order and purchase of the Training is a contractual offer that we may choose to accept.

8.2 Our welcome email confirms acceptance of your order and our legally binding agreement.

8.3 We reserve the right to make changes to the Training, in whole or part, as we reasonably require without notice to you. If we make changes, we will ensure that the Training still matches the original description, except where the change enhances the original description. We shall not be liable for any reasonable changes or cancellations that are made to any part of the Training whether due to business reasons or circumstances outside of our control.

9 Payment terms

9.1 The cost of the Programme (“the Fee’) is set out in Schedule 1.

9.2 Time for payment of the Fee shall be of the essence and shall be made without deduction, set off, or any form of withholding except as is required by law and we must receive full payment of the Fee, your deposit or first instalment, as applicable, before you are entitled to access the Training.

9.3 The Fee is calculated based upon our knowledge and experience and the time, effort and availability of the Training and is not based on your actual usage and/or level of attendance. You agree and acknowledge that you shall not be entitled to any form of credit to, or deduction from, the Fee for any non-attendance or lack of usage of any part of the Training on your part.

9.4 The Fee is non-refundable unless:

9.4.1 we stop or cancel delivery of the Training to you (as set out in clause 13.2), in which case you shall be entitled to a partial refund calculated on a pro-rata basis having regard to the extent of the Training which you have paid for but have not yet received; or

9.4.2 you provide us with notice to cancel within 14 days from the date of your first payment to us. Any request to cancel should be made by email to alvinamenziescoach@gmail.com. Upon receipt of your notice of cancellation, if we have not started delivery of the Training and you have not accessed any part then we shall provide you with a full refund of any Fee paid. Where delivery has begun, then you acknowledge that you will be responsible for our reasonable costs in connection with the delivery which will be deducted from any refund due to you, or, where no payment has yet been made, you will be responsible for providing payment of the pro-rated Fee.

9.5 If you choose to pay by credit or debit card, then you authorise us to charge your payment method. If it is rejected, or fails, but you have still received access to the Training, you agree to provide full payment within 7 days from the date of your access to the Training.

9.6 If we agree to accept payment by instalments, you agree to provide payment of the instalments in accordance with the instalment plan provided to you or agreed between us at the time of purchase. You accept that you will remain responsible for providing the instalment payments until the Fee has been paid in full.

9.7 We reserve the right to change the Training Fee at any time. Any changes will not affect the price where payment has already been made and a welcome email has already been sent.

10 Late Payment

10.1 You are responsible for ensuring that payment of the Training Fee, or any instalment is paid in full and on time in accordance with the payment terms as set out on the sales page or as otherwise agreed between us at the time of your purchase.

10.2 Should any payment due to us become more than 7 days overdue then, without prejudice to any other right or remedy that we may be entitled to, we shall pause your access to the Training, including all Sessions and Private Groups, until payment has been made.

10.3 In the event your account is beyond 14 days overdue then we shall be entitled to undertake such actions as are necessary to recover the outstanding sum which may include instructing a collection or legal agent. We shall also begin to add interest to your account on a daily basis as from the date payment is due until full payment (including accrued interest) is received by us. Interest will be calculated on any outstanding Fee at a rate of 5% over the Bank of Ireland’s base rate from time to time.

11 Complaints or Concerns

11.1 We want you to be entirely happy with the Training. In the event you have any concerns, you agree to let us know by email to alvinamenziescoach@gmail.com or marjoriecooper0@icloud.com and give us a reasonable amount of time to investigate and resolve your concerns before you take any further action. For the purposes of these Terms, further action includes stopping payment or making any chargeback or similar claim.

12 Cancellation and Termination

12.1 You may terminate our agreement and your access to the Training at any time by providing us with 28 days’ notice. Please remember that unless the circumstances in clause 10.4 apply, no refunds will be payable and you will be liable for full payment of the Fee, despite any notice of cancellation.

12.2 We may cancel our agreement where we are unable to continue providing the Training for any reason. In such circumstances we will provide you with notice in writing and provide you with a refund in accordance with clause 10.4 above.

12.3 We shall be entitled to limit your access to the Training or suspend, and/or terminate our Agreement with you with immediate effect and without refund of any Fee, whether paid or remaining due and payable, if we reasonably determine that:

12.3.1 there has been a material breach of any of your obligations under these Terms; or

12.3.2 you have failed to provide any payment due to us as and when it becomes due; or

12.3.3 you have become subject to a bankruptcy, insolvency or similar financial order or proceedings or you are otherwise unable to pay your debts; or

12.3.4 you have acted or behaved dishonestly, fraudulently, or in a way which we reasonably consider may have a detrimental effect on our business or reputation; or

12.3.5 you have failed to positively engage with the Training or impaired the delivery of the Training to you or a client or;

12.3.6 you have acted in a way which is abusive or is intended to cause offence to us or a client and/or;

12.3.7 you have failed to abide by any of these Terms or any other guidance, code of conduct, CPD requirements or ethics or licence terms we may provide whether such action constitutes a material breach or not.

12.4 Upon termination of our Agreement for any reason:

12.4.1 your access to the Training, any private social media accounts, any Content, any Private Groups, and any other online resources, will be removed, unless expressly agreed otherwise. We will not be liable to you for any claims relating to the removal of that access; and

12.4.2 any Fee or other monies owed by you to us will become immediately due and payable; and

12.4.3 any provision of these Terms which either expressly or by its nature relates to the period of time after termination and/or the Training has been delivered, shall remain in full force and effect, in particular clauses 5, 8,10,11, 13, 14, 15, 16, 17,18 and 19;

12.4.4 you shall cease to use, either directly or indirectly any Content, our Method or any Confidential Information belonging to us, or provided by us to you and shall immediately return to us or destroy any copies in your possession or control.

12.5 In the absence of any earlier termination in accordance with this clause, our Agreement will terminate as set out in Clause 2.1.

13 Confidentiality

13.1 It is important to us to create a safe and secure space for everyone accessing the Training and therefore the protection of confidentiality is very important to us. This means that when you disclose Confidential Information to us, we agree not to communicate or disclose it, make it available to others, or use it for our own purposes without your consent, unless provided for in these Terms.

13.2 Where we disclose Confidential Information to you, or where it is disclosed by a client during delivery of the Training, you agree that the Confidential Information belongs solely and exclusively to the person disclosing it, and that you will not:

13.2.1 disclose, communicate, reproduce or distribute it, or use it for your own benefit, whether personally or commercially, and whether directly or indirectly.

13.2.2 use it for any purposes which are unlawful, would cause harm or distress to another person, or would cause damage to our business or reputation.

13.3 For the purposes of these Terms, Confidential Information excludes any information that was already known to us before you provided it, or where it was already in the public domain, created by us, or provided to us separately by someone else without any breach of these Terms.

14 Intellectual Property

14.1 As part of the training, we provide you with access to our Content, Method, and other self-development tools. We take the protection of our IP rights in relation to our Content, Method, and the Training very seriously. You agree and accept that all Content and our Method remains our confidential and proprietary intellectual property and belongs solely and exclusively to us.

14.2 When you purchase the Training, you agree and undertake that from the date of this Agreement that you SHALL NOT:

14.2.1 copy, reproduce, sell, license, share or distribute any of our Content or our Method, whether during the period of your access to the Training or at any time thereafter.

14.2.2 record any presentations or webinars, Online or In-person Sessions or events, videos, Private Groups or any Content or information relating to the Method.

14.2.3 infringe any of our copyrights, patents, intellectual property, trade secrets or rights or any such rights belonging to a client.

14.3 In the event of your breach of your obligations relating to our IP (including but not limited to the Content, Method, and the Training) then:

14.3.1 you shall immediately cease and desist the illegal use of our IP upon receipt of such notice from us.

14.3.2 you agree and accept that damages, loss, or irreparable harm may arise for us due to your illegal use of our IP and, in such circumstances, we shall be entitled to seek relief, including injunctive relief against you; and

14.3.3 you shall indemnify and keep us fully indemnified for all such damages and losses sustained as a consequence of your breach of this clause 15.

15 Your Personal Data and how we use it.

15.1 Personal data for the purposes of these Terms means any information which is capable of identifying another individual, as further defined within the UK GDPR and the Data Protection Acts 2018.

15.2 Any Personal Data you provide to us will be maintained, stored, accessed, and processed in accordance with recognised data protection laws and legislation including the UK GDPR and the Data Protection Acts 2018. We shall only process your Personal Data to the extent reasonably required to enable proper delivery of the Training and shall retain it only for as long as reasonably necessary to allow completion and delivery of the Training and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your Personal Data please refer to our privacy notice which can be found at MarjorieCooper0@icloud.com

15.3 As part of the delivery of the Training your image may be recorded in photographs, images or screenshots by us or other Trainee Practitioners and shared on social media. By purchasing the Training and agreeing to these Terms you are providing your consent for your image to be used. Should you wish to revoke your consent you can do so by emailing us at alvinamenziescoach@gmail.com.

15.4 Our obligations above and as set out in Clauses 14 and 15, shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings (whether or not in relation to these Terms), to allow us to obtain legal advice, where we have been directed to do so by a Court or other body of equivalent jurisdiction or where it is necessary because we reasonably believe you are at risk of danger to yourself or others.

16 Reviews and Testimonials

16.1 If you choose to share Client Content with us you are granting to us, free of charge, permission to use that Client Content in any way as part of our business services, which shall include advertising and marketing.

16.2 When sharing Client Content, you confirm that you have the legal right to share it and that it does not infringe any third party’s intellectual property or other rights.

16.3 If you provide us with a testimonial, review or similar (“Review”) then by doing so you consent for us to exhibit, copy, publish, distribute, use on our website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, your Review or part of your Review, as we reasonably require to lawfully promote our business. You can amend your consent at any time by emailing us.

17 Liability

17.1 Your purchase of the Training and your compliance with these Terms does not constitute or imply any business relationship other than as set out within these Terms.

17.2 We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:

17.2.1 any indirect, consequential, or special damages, losses, or costs; or

17.2.2 any loss of profits, business, data, reputation, or goodwill or any such anticipated losses; or

17.2.3 any failure to deliver the Training where we are prevented due to a reason beyond our reasonable control; or

17.2.4 any losses arising from your use of the Training once delivered.

17.3 Should you incur damages due to our default or breach, our entire liability is limited to the amount of the Fee paid by you at the time loss is sustained. You agree and acknowledge that this term is fair and reasonable given the nature of this arrangement and the provision of the Training.

17.4 Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.

17.5 You agree to indemnify and hold us harmless for any action taken against us due to your violation or disregard of any provision of these Terms or your use or participation in any way with the Training.

17.6 During the term of your access to the Training, and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or Clients, or our or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or Clients.

17.7 In the event a dispute arises in connection with the provision of the Training which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible 30 days following mediation then either of us shall be at liberty to commence legal action.

18 No Guarantee

18.1 When purchasing the Training you will have access to the Content, Method, people and support all designed to benefit you, but it is your responsibility to take action and implement the necessary information received and/or the skills or tools shared. Your success and any results are dependent on factors which are outside of our control, and we regret that we are not able to guarantee that any particular results or success will be achieved.

18.2 We have made every effort to accurately represent the Training and the Training Services. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results.

19 Who we are and how to contact us.

19.1 The Services shall be delivered by the Institute of Silent Counselling. Our business address is Newall Cottage, Murthly, PH1 4HB. Should you wish to contact us then you can email us at MarjorieCooper0@icloud.com or alternatively you can write to us at the postal address above.

19.2 If we need to contact you, we will use the contact number or email address you provide at the time of purchase. If you change your contact details, it will be your responsibility to notify us so that we can update our records.

19.3 Any reference in these Terms to a notice shall mean a notice in writing sent by email to the email address referred to above. All emails will be taken as delivered 48 hours from valid transmission.

19.4 During delivery of the Training, we shall be available to you within the private Facebook group during the hours as set out in the Schedule. Any contact required outside of the agreed hours will incur an additional fee.

20 General

20.1 The failure of either one of us to actively enforce any provision of these Terms shall not prevent that party from subsequently seeking to enforce any term or obligation and any such failure shall not constitute a waiver, diminution, or limitation of any right.

20.2 In the event any provision of these Terms is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.

20.3 This is the entire agreement between us and supersedes all other negotiations, drafts, correspondence, and discussions prior to its execution.

20.4 Every effort will be made to deliver the Training in accordance with these Terms but we shall not be liable for any delay or failure in delivery should we be prevented or delayed due to any act, event, omission or accident beyond our reasonable control (“Events”), including but not limited to any of the following: an act of god (which shall include but not be limited to fire, flood, earthquake, windstorm or other natural disaster), extreme adverse weather conditions, disease, epidemic or pandemic, strike, industrial action, lock out, lockdown, war or threat or preparation for war, civil war, civil commotion, riot, armed conflict, imposition of sanctions, embargo, terrorist attack, nuclear, chemical or biological contamination or sonic boom, explosion, delays in transit, malicious or accidental damage, collapse of building structures or failure of plant or machinery, loss at sea, any act or omission of a telecommunications officer or third party supplier of services, unexpected illness or injury or any other circumstances beyond our control. Should an Event occur then time of delivery shall be extended until a reasonable time after the Event preventing or interfering with the delivery, and under no circumstances will we be liable for any loss or damage suffered by you as a result thereof.

20.5 Where an Event arises, we will provide you with a notice in writing sent to the email address you provide to us, setting out the nature and extent of the Event and any steps we are taking to mitigate the impact and effect.

20.6 Should the Event continue for longer than 6 months then either one of us shall be entitled to terminate this Agreement by providing the other with 14 days’ notice in writing. Termination in these circumstances shall be without prejudice to the rights of the parties in respect of any breach of these Terms occurring prior to termination. Any refunds will be considered at our discretion.

20.7 You agree that no other representations have been made by us to induce you into entering into this Agreement and no modification to the terms of this Agreement shall be effective unless in writing and signed by both parties.

20.8 Save as provided for in clauses 15.5.3 and 19.6 the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.

20.9 You acknowledge that you have been given sufficient time to seek legal advice prior to entering into this Agreement.