Purchasers of a hard copy or license to use the e-version of THE STANDARD FORM OF AGREEMENT FOR COUNSELLING AND PSYCHOTHERAPY (“the agreement”) are reminded that they should conduct their service and use the agreement in accordance with the code of ethics, values and principles expected of them as counsellors or psychotherapists and not to breach the terms of the license to use the agreement.
HARD COPIES OF THE STANDARD FORM OF AGREEMENT FOR COUNSELLING AND PSYCHOTHERAPY ARE SOLD SUBJECT TO THE FOLOWING TERMS:-
The agreement is being sold under an exclusive license entitling the purchaser to use the agreement once only in the manner intended as set out in the introduction to the agreement as between the counsellor and the client. The agreement cannot be re-produced by any means including by copying, scanning or recording or stored electronically without the prior approval of the author in writing. In using the agreement the author or publishers accept no liability for the standard of services provided under the agreement or for the accuracy of the parts completed by the counsellor or psychotherapist. Copies of this agreement purchased on-line may only be used in accordance with the terms of the on-line license. All rights reserved.
© Calm Counselling Publications Ltd 2014
E-VERSIONS OF THE STANDARD FORM OF AGREEMENT FOR COUNSELLING AND PSYCHOTHERAPY ARE SOLD SUBJECT TO THE FOLOWING TERMS:-
The purchaser has agreed to purchase a license to use the standard form of agreement for counselling and psychotherapy (“the agreement”). The purchaser commits to pay monthly, the amount of either £12.99, £19.99 or £29.99 by Direct debit for 12 months, subject to any statutory rights of cancellation. The license entitles the purchaser to download the agreement the maximum number of times stated, according to the package purchased, per annum, either 50, 100 or 200 times. The purchaser agrees not to forward to any other person or organisation an electronic copy of the agreement other than a client in the course of the service being offered by the purchaser. The purchaser agrees not to use the agreement a greater number of times than they have paid for.
The agreement is to be used only in the manner intended as set out in the introduction to the agreement as between the counsellor and the client. The agreement cannot be re-produced by any means including by copying, scanning or recording or stored electronically without the prior approval of the author in writing. In using the agreement the author or publishers accept no liability for the standard of services provided under the agreement or for the accuracy of the parts completed by the counsellor or psychotherapist. All rights reserved.
© Calm Counselling Publications Ltd 2014
GENERAL Terms & Conditions
These terms and conditions govern your use of our website; by using our website you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
You must be at least 18 years of age to use our website or access our services. By using our website or app and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
(2) LICENCE TO USE WEBSITE AND PRODUCTS
Unless otherwise stated, we own the intellectual property rights in the website, the products being sold and the material on the website. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print the products purchased from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
(a) republish material from this website (including republication on another website); (b) sell, rent or sub-licence material from the website; (c) show any material from the website in public; (d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; (e) edit or otherwise modify any material on the website; or (f) redistribute material from this website [except for content specifically and expressly made available for redistribution].
(3) ACCEPTABLE USE
You must not use our website or products in any way that causes, or may cause, damage to the website or products or impairment of the availability or accessibility of the website or products; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website or products to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. You must not use our website or products to transmit or send unsolicited commercial communications.
You must not use our website or products for any purposes related to marketing without our express written consent.
(4) RESTRICTED ACCESS
Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password and / coupon code to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password and or coupon code is kept confidential.
We may disable your user ID, password and or coupon code in our sole discretion without notice or explanation.
(5) USER GENERATED CONTENT
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-licence these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website or app, or stored on our servers, or hosted or published upon our website or app.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website or app.
(6) LIMITED WARRANTIES
We do not warrant the completeness or accuracy of the information published on our website or available through our products; nor do we commit to ensuring that the website or products remains available or that the material on the website or app is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to our website and app and the use of either the app or website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
(7) LIMITATIONS AND EXCLUSIONS OF LIABILITY
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reason- able control.
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.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions [, or arising out of any claim that you have breached any provision of these terms and conditions].
(9) BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website or app, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website or app and/or bringing court proceedings against you.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website and app from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
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. If any unlawful and/or unenforceable provision 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.
(13) EXCLUSION OF THIRD PARTY RIGHTS
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
(14) ENTIRE AGREEMENT
We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from February 2014. What we collect:
We may collect the following information:
name and job title
contact information including email address
demographic information such as postcode.
Other information to enable us to provide our service to you
other information relevant to customer surveys and/or offers
What we do with the information we gather:
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites:
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information, which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information:
You may choose to restrict the collection or use of your personal information in the following ways:
whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you under the Data Protection Act . A small fee will be payable. If you would like a copy of the information held on you please write to Calm Publications Ltd, 14 High St, Wanstead, London E11 2AJ. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
Should you have reason to complain, you may do so by telephone, or in writing by email or post. If you have a complaint, please contact us directly and your complaint will be investigated fully by us and you will receive a prompt reply.
No forbearance or delay by either party in enforcing the provisions of these Conditions will prejudice the rights, powers or remedies available to that party and such rights, powers or remedies will be cumulative.
(16) GUIDE ANSWERS TO FREQUENTLY ASKED QUESTIONS
The service (“the Calm Counselling Solutions Service”) does not provide legal advice nor represent a legal service The Calm Counselling Solutions Service provides generic answers to some frequently asked questions. Before you act or rely on any advice, you must take advice from a Solicitor or us. We disclaim all liability for actions taken or not taken based on the advice provided unless the action is approved by us as part of the provision of an off-line engagement.
(16.1) CLIENT RELATIONSHIP
No client relationship is established by use of the Website or products. Sending or receiving information through our website does not establish a client relationship.
(16.2) PAYMENT FOR USER SERVICES
If you are not happy with any Document you have purchased, you may contact us for a refund within 14 days of the date you purchased it or raise a complaint in accordance with our complaints procedure. We welcome all and any feedback.
If we are held liable for any loss or damage to you for the provision of or failure to provide a User Service, such liability shall in all cases be limited to an amount not exceeding the maximum sum of our professional indemnity insurance in respect of any one claim or series of connected claims.
You acknowledge that the exclusions and/or limitations in these Conditions are reasonable having regard to the fact that the information we supply to you is generic and available to you at limited cost.
(16.5) INTELLECTUAL PROPERTY
Use of the Website, and the products purchased via the website is subject to the notices of ownership of intellectual property rights detailed from time to time on the Website or on the app. All rights in the design, text, graphics and other materials on the Website are the copyright of Calm Counselling Publications Ltd Limited.
Where text has been obtained from other sources, these sources are as far as is practicable acknowledged.
(16.6) OTHER CONDITIONS
We shall not be liable for any failure to provide or delay in providing any service resulting from circumstances or events outside of our control, for example due to strikes and other industrial disputes, breakdown of systems or network access, fire, explosions, or power failure.
If any part of these Conditions, (and/or notices on the Website), are found to be invalid or unenforceable, then such part will be deemed replaced by a valid and enforceable provision that most closely matches the intent or the original part, and the remainder of the provision shall continue in full force and effect.
We reserve the right to change the Conditions under which the Website or any User Service is offered.
If you do not download your products within 12 months of purchase you may not be able to obtain access to it thereafter. We will notify you if you have not used our service within the time frame In such circumstances we shall not have any obligation to rebate you any part of the sum you have paid us.
We reserve the right to change the Conditions under which the Website or any User Service is offered.
(18) LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
(19) REGISTRATIONS AND AUTHORISATIONS
At the time of publishing these terms we are not VAT registered
(20) OUR DETAILS
The full name of our company is Calm Publications Limited Limited. Calm Counselling is a trade name. The calm counselling and calm counselling publications trade names or logos can not be re-produced without our express permission. We are registered in England & Wales under registration number 8687667. Our registered address is Treviot House, 186 -192 High Road, Ilford, Essex IG1 1LR. Our Trading office address is 14 High St, Wanstead, London E11 2AJ. You can contact us by email to email@example.com
The intent of the products is to provide practical framework for the therapeutic process between a therapists only. The blank form of agreement provides interpretations only of applicable processes and law. It is up to the therapist to make sure the parts they complete and the manner in which they use the products purchased from the web site conform to the code of ethics and the requirements of their professional obligations.
The purchaser is strongly recommended to take appropriate professional advice applicable to their circumstances prior to using the products purchased from the website.
The products are purchased subject to the Terms and Conditions of the License to use the products
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