STANDARD TERMS & CONDITIONS

Background

These Standard Terms & Conditions, together with any documents referred to therein, set out the terms under which We will provide cognitive behavioural psychotherapy services to You. Please read these Standard Terms & Conditions carefully and ensure that You understand them before booking and attending a consultation with Best Self CBT. If You do not agree to be bound by these Standard Terms & Conditions, We will not be able to provide our cognitive behavioural psychotherapy services to You.

1.         Definitions and Interpretation

In these Standard Terms & Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Agreement”   means the agreement between You and Us pursuant to which We shall provide the Services on the terms set out in these Standard Terms & Conditions;

“Confidential Information”    means information which is of a secret, sensitive or confidential nature and which is disclosed by You in the course of Us providing the Services to You, whether that disclosure is made orally or in writing, and whether or not the information is expressly stated to be confidential or marked as such;

“Consultant”   means a consultant engaged by Us to provide the Services to You under the Agreement;

“Consultation” means a consultation appointment booked by You with Us and which is scheduled to take place either in person at a previously agreed address of available clinic rooms, or online.

“Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data;

“Fees” means the fees payable for each Consultation, or for a Consultation package, as advised to You by Us from time to time;

“Good Industry Practice”      means the standards, practices, methods and procedures conforming to the law (including any applicable industry guidance, code of practice, standard or requirement) and reflecting up-to-date published evidence and using that degree of skill and care, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled, efficient and experienced cognitive behavioural psychotherapy provider and a person providing services the same as or similar to the Services at the time the Services are provided;

“Services”       means the cognitive behavioural psychotherapy services to be provided to You by Us under the Agreement;

“Us” or “We”    means Aniko Cullen, trading as Best Self CBT.

“You”   means the person to whom We shall provide the Services under the Agreement, or (where we are providing Services to a client under the age of 18) to the parent or guardian who shall enter into the Agreement on behalf of that minor client.

2.         Registration and Agreement

2.1       In order to book a consultation with Us, You must first register with Us by completing a registration form. By registering with Us, You are accepting these Standard Terms and Conditions.  Once we accept your registration, there will be an Agreement between You and Us on the terms set out in these Standard Terms & Conditions.

2.2       You warrant that the information You provide in any registration form (including any information relating to your health and / or medical conditions) is complete and accurate in all respects.  You undertake to keep us updated if this information should change at any point.  We shall not be liable for any loss or damage which results from a failure on Your part to provide Us with complete and accurate information or to update that information at any point.

3.         The Services

3.1       We shall provide the Services to You:

3.1.1    with reasonable skill and care, and in accordance with Good Industry Practice; and

3.1.2    through appropriately qualified and experienced Consultants.

3.2       The Consultants engaged by Us are:

3.2.1    covered by professional, treatment and public liability insurance; and

3.2.2    hold a current enhanced Disclosure and Barring Service (DBS) certificate.

3.3       We/Our Consultant(s) are registered with the British Association for Behavioural and Cognitive Psychotherapies (BABCP) to provide cognitive behavioural therapy services.

3.4       We make no warranty or representation that any particular result will be brought about as a result of Us providing the Services to You.  Results depend on a number of factors and will differ from client to client.  You understand that any testimonials provided on Our website and Our marketing communications do not and are not intended to represent or guarantee that any other recipient of Our Services will receive the same or similar results.  Decisions as to whether and how to incorporate the principles discussed in the Consultations is Your responsibility.

3.5       You understand that Our Services are not intended to be a substitute for medical advice or treatment, and that We will not diagnose any medical condition.  It is Your responsibility to seek medical advice where appropriate or necessary.  In particular, You must seek medical advice before making any changes to or ceasing to use any prescription medication or course of treatment.

4.         Scheduling and cancellation of Consultations

4.1       Consultations will take place:

4.1.1    either online via MS Teams or Google Workspace, or in person at one of our advertised clinic room addresses and

4.1.2    at a fixed time and date;

in each case as mutually agreed by You and Us in advance.

4.2       Times and dates for Consultations are subject to availability.  No priority is given, and  Consultation slots are offered on a “first-come-first-served” basis.  We will not reserve or guarantee any particular time or date for a Consultation until you book and pay for it.

4.3       If You are unable to attend a scheduled Consultation, including a Consultation purchased as part of a Consultation package, You must advise Us not less than 24 hours before that Consultation.

4.4       Provided You give the 24 hours’ notice specified in Clause 4.3, You may reschedule the Consultation to a mutually agreeable date without charge.

4.5       If You do not give the 24 hours’ notice specified in Clause 4.3 in respect of any scheduled Consultation, We shall be entitled to charge you all of the Fees in respect of that Consultation.  If that Consultation has been paid for by You in advance, You shall not be entitled to a refund.

4.6       Your Consultation time will be up to 60 minutes. If You arrive late for a Consultation, the time for the Consultation will be reduced accordingly.  There will be no corresponding reduction or refund in the Fee payable. Note that late arrivals more than 15 minutes after the allotted Consultation time may be treated as non-attendance and accordingly no refund in the Fee shall be payable.

5.         Our obligations

5.1       We will make all reasonable efforts to provide the Services in a timely manner, at the Consultation date(s) and time(s) agreed with You.  In certain circumstances, We may need to postpone a Consultation (for example if a Consultant is unwell, is unavailable for reasons beyond our control, or as a result of technical issues).  We shall use all reasonable endeavours to resolve any such issues.  However, We shall not be liable for any delay in the provision of the Services or the postponement of a Consultation due to any such circumstances which are outside Our control or to any Event Outside Out Control as described in Clause 10.

5.2       We undertake that, during the course of the Agreement and after its termination, We will not disclose or use Confidential Information disclosed by You to Us in connection with Our provision of the Services unless:

5.2.1    You have given Your consent in advance;

5.2.2    the Confidential Information is provided by Us to a third party such as another medical consultant or insurer at Your request;

5.2.3    We are required as matter of law to disclose that Confidential Information, for example to a court of competent jurisdiction, or to a regulatory authority;

5.2.4    as a result of Your disclosure of Confidential Information to Us, We reasonably believe there to be an imminent or likely risk of harm to You or to others.  We will attempt to discuss this with You first, but this may not always be possible; or

5.2.5    the Confidential Information relates to the prevention or detection of a serious crime, including safeguarding issues relating to children or vulnerable adults, money laundering or acts of terrorism.

5.3       Our regulatory body requires Our Consultants to have regular supervision, to ensure that their work is safe, ethical and effective.  Aspects of Your Consultations may be discussed during those supervision sessions, but no full name will be used and any identifying details will be removed. Supervisors are bound by the same duties of confidentiality as Our Consultants.

6.         Consultation Fees

6.1       In consideration for Us providing the Services to You, You agree to pay the relevant Fee for each Consultation.

6.2       If You request us to write a letter or report for You, this will be charged based on the time it takes Us to write the document.  We will advise You of the charges in advance.

6.3       Payment of the Fees is and remains Your responsibility at all times, irrespective of any payment of reimbursement arrangements that may be in place with Your medical and/ or health insurer.  By entering into the Agreement, You undertake to pay our Fees in respect of any Consultation booked by You, irrespective of whether Your medical and/ or health insurer agrees to cover the cost of any such Consultation.

6.4       The Fees shall be payable by You in advance of the relevant Consultation.

6.5       The Fees for a Consultation package shall be payable by instalments, via direct debit.  If You default in paying an instalment, the total outstanding balance of Fees payable for the Consultation package shall become immediately due and payable.

6.6       Any fees charged by Your bank or Your debit or credit card provider in connection with Your payment of the Fees are for Your own account and We shall not be responsible for these.

6.7       If the Fees are not paid in accordance with this Clause 6, We reserve the right to:

6.7.1    cancel the Consultation to which those Fees relate and decline to accept further bookings from You; and/ or

6.7.2    charge interest on any overdue sum at the rate of 4% per annum above the base rate of the Bank of England from time to time.  Interest under this clause will accrue from the due date for payment until the actual date of payment of the overdue sum.

6.8       We reserve the right to change the Fees charged for the Services from time to time and as necessary.  Changes in the Fees will not affect any You in respect of any Consultations which You have already booked and paid for.

6.9       If the Agreement with You is made by telephone, email or via Our website, You have a statutory 14 day period within which You may cancel this Agreement and obtain a refund for any booked Consultations You have already paid for (the Cooling Off Period).  The Cooling Off Period starts on the day after You enter into this Agreement.  However, if you book and attend Consultation(s) within the Cooling Off Period, prior to cancelling the Agreement, You will need to pay for those Consultations you have attended.  If You wish to cancel the Agreement under this Clause 6.9, please contact us at ani@bestselfcbt.co.uk.

6.10     Once the Cooling Off Period has expired, if you have purchased a Consultation package, and wish to terminate the Agreement before using all of the Consultations included in that Consultation package, you shall continue to be liable for the outstanding balance of the Fees payable by You for the Consultation package.  No refunds are payable in respect of Fees paid for a Consultation Package.

7.         Right to terminate

7.1       We shall have the right to terminate the Agreement immediately if:

7.1.1    You breach any of the terms of the Agreement including, but not limited to Your obligation to pay the Fees in full and on time, in accordance with Clause 6;

7.1.2    You repeatedly fail to keep Consultation appointments and/ or repeatedly reschedule those Consultations; or

7.1.3    You attend Consultations under the influence of non-prescribed medication or alcohol or engage in verbal abuse, harassment, threats, offensive language, discrimination or any other conduct that disrupts or may limit our ability to provide the Services.

7.2       If We terminate the Agreement under Clause 7.1, all outstanding Fees shall immediately become due and payable by You.

7.3       We shall have the right to terminate the Agreement if an Event Outside Our Control occurs that continues for more than 60 days, or if We are unable to provide or continue to provide the Services due to the non-availability of the necessary Consultant(s) or facilities, or for technical reasons.

7.4       We shall have the right to terminate the Agreement, at any time and for any reason, on 14 days written notice.

7.5       If We terminate the Agreement under Clause 7.3 or 7.4, You shall only be required to pay the Fees for Consultations that We have already provided as at the date of termination.  This sum will be deducted from any refund of Fees due to You.  Any refunds made under this Clause 7.5 will be made using the same payment method You used when paying the Fees.

8.         Effects of cancellation or termination

8.1       Upon cancellation or termination of the Agreement under Clause 7, for any reason:

8.1.1    any outstanding Fees due from You to Us in accordance with the Agreement shall become immediately due and payable;

8.1.2    all clauses of the Agreement which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain in full force and effect;

8.1.3    termination or cancellation shall not affect any remedy which the terminating party may have in respect of the event giving rise to the termination or cancellation or in respect of any breach of the Agreement which existed at or before the date of termination; and

8.1.4    subject as provided in this Clause 8, and except in respect of any accrued rights, neither party shall be under any further obligation to the other.

9.         Our liability

9.1       Subject to Clauses 9.3 to 9.5, We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Standard Terms & Conditions or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when We enter into the Agreement.  We will not be responsible for any loss or damage that is not foreseeable.

9.2       Nothing in these Standard Terms & Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence, or for fraud or fraudulent misrepresentation.

9.3       We shall provide the Services to You only for Your personal and private purposes.  We shall not be liable to You for any loss of profit, loss of business, interruption to business, loss of business opportunity or any other indirect, special or consequential loss or damages.

9.4       Our total liability to You in respect of any claims arising out of or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total Fees paid by You to Us under the Agreement.

9.5       If You bring any personal belongings to an in-person Session, We do not undertake to keep them safe or provide any safe storage place for them.  Their loss or damage will be at Your own risk.

10.       Events outside Our control

We shall not be liable for any failure or delay in performing Our obligations under the Agreement where that failure or delay arises from a cause or event that is beyond Our control.  Such causes or events may include, but are not limited to: power failure, internet service provider failure, service interruptions, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic, pandemic, or other natural disaster or any other event that is beyond Our reasonable control.

11.       Data Protection

11.1     All personal information that We may use will be collected, processed, and held in accordance with the Data Protection Legislation.

11.2     You consent to us processing Your personal data, including Your sensitive and special category personal data, for the purposes of providing the Services to You.

11.3     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), please refer to the Privacy Notice on Our website, https://bestselfcbt.co.uk/ or available from Us on request.

12.       Contacting Us

12.1     If You wish to contact Us about any aspect of Our service, or to serve any notice under the Agreement, You may do so by email at ani@bestselfcbt.co.uk.

12.2     We always welcome feedback from Our clients.  Whilst We always use all reasonable endeavours to ensure that Your experience as Our client is a positive one, We nevertheless would like to hear from You if You believe You have any cause for complaint.  Please raise any concerns You may have in the first instance by email at ani@bestselfcbt.co.uk.  We will endeavour to respond within 10 days.

12.3     We are happy to use email to provide answers to short queries or administrative or billing requests. However, emails are not intended to replace Consultations as a means of discussing and planning counselling or therapy.

12.4     Please note that We do not offer an emergency service and if you feel unwell between Consultations, please visit Your GP, call 111, or attend Your local A&E Department.  You may also call the Samaritans freephone number: 116123.

13.       No Waiver

No failure or delay by Us in exercising any of Our rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by Us of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

14.       Assignment, Subcontracting and Third-Party Rights

14.1     We may transfer (assign) Our rights under the Agreement to a third party (this may happen, for example, if We sell Our business).  If this occurs, You will be informed by Us in writing. 

14.2     You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission.

14.3     We shall be entitled to perform any of Our obligations under the Agreement through suitably qualified and skilled sub-contractors.

14.4     The Agreement is between You and Us.  No part of the Agreement is intended to benefit or confer rights on any other person, and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.

14.5     Subject to the above provisions of this Clause 14, the Agreement shall continue and be binding on Your and / or Our transferee, successors and assigns, as required.

15.       Severance

In the event that one or more of the provisions of the Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Agreement.  The remainder of the Agreement shall be valid and enforceable.

16.       Amendments to these Standard Terms & Conditions

We may revise these Standard Terms & Conditions from time to time.  If We make changes to these Standard Terms & Conditions which will materially affect Your rights or obligations under the Agreement, We will give You written notice of the changes before they take effect.

17.       Governing Law and Jurisdiction

17.1     The Agreement shall be governed by and construed in accordance with the laws of England and Wales. 

17.2     Any dispute, controversy or claim between You and Us arising out of or in connection with the Agreement shall fall within the exclusive jurisdiction of the courts of England and Wales.