1. ABOUT US
- Business details. Holistic Ruby (we and us) is a sole trader business operating within England and Wales. Our main trading address is 16 Woodgate Drive, London SW16. We operate the website https://holisticruby.london/
- Contacting us. To contact us telephone our customer service team on tel: 07900 806574 or e-mail us on [email protected].
- We are accredited tutors of the College of Sound Healing, information about which can be obtained from https://www.collegeofsoundhealing.co.uk/. As accredited tutors of the College of Sound Healing, we are regulated and governed by the Complementary Medical Association and operate fully in compliance with their Code of Ethics, information about which can be obtained here. https://www.the-cma.org.uk/Code-of-Ethics/.
- Professional indemnity insurance. We maintain professional liability insurance. Our compulsory insurer is insert. Information in relation to our insurance cover can be obtained by contacting us on the methods detailed above.
2. OUR CONTRACT WITH YOU
- Our contract. These terms and conditions (Terms) apply to the booking of services by you and the supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
- Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
- Language. These Terms and the Contract are made only in the English language.
3. BOOKING SERVICE AND ITS ACCEPTANCE
- Booking Services. Please follow the onscreen prompts to place your booking. Each booking is an offer by you to buy the services specified in the service category detailed within our site (Services) subject to these Terms.
- Correcting input errors. Our booking process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your booking and any specification submitted by you is complete and accurate.
- Accepting your order. Our acceptance of your order takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation.
- If we cannot accept your order. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you the full amount.
- Holistic Ruby, via our website https://holisticruby.com/ incorporates the services and utilities of a third-party booking service SimplyBook.me Ltd. When making any booking via https://holisticruby.london you appreciate and understand that you are agreeing with the terms and conditions of our third-party booking service.
- The terms and conditions of SimplyBook.me ltd, can be obtained at https://simplybook.me/en/terms-and-conditions#tab-for-clients. It is important that you take the time to read these and any and all associated terms and conditions provided by simplybook.me ltd.
4. CANCELLING YOUR BOOKING AND OBTAINING A REFUND
- You may cancel your booking and receive a refund only where you notify us in compliance with the terms detailed within this Clause 4.
- The cancellation of any booking is subject to time limitations and only in exceptional circumstances as detailed hereunder, will time limitations be set aside.
- With the regards to classes, our specific cancellation policy is as follows:
- Cancellation of classes must be made within a minimum of 48-hours prior to the commencement of the service start time.
- Cancellation must be made online via insert cancellation link
- Any cancellation which is not made within the time frame detailed within Clause 4.3.1 will result in the class either, not being credited back to any service package purchased, or will result in a loss of refund.
- Only where medical emergencies apply will Clause 4.3.3 not apply. In such circumstances the customer must provide an accredited doctors certificate as proof. Only upon receipt of such proof will remedy be provided by us to you.
- One-To-One Sessions (Zoom or In Person). With the regards to one-to-one sessions, however delivered, our specific cancellation policy is as follows:
- We operate a strict 48-hour cancellation policy.
- Cancellation of one-to-one sessions, however delivered must be made within a minimum 48-hours prior to the commencement of the service start time. Any one-to-one session, whether via Zoom or in person, which is cancelled less than 48-hours’ notice before the commencement of service start time, or which is not attended will result in the customer being charged in full.
- Cancellation must be made online via insert cancellation link
- Workshops and Courses. With the regards to workshops and courses, the booking of such services is frequently made far in advance and requires considerable planning for delivery. Given such facts, the cancellation policy of workshops and courses is far more stringent, and it is essential that you are fully aware of the following:
- Full Refund. To obtain a full refund for any workshop or course, you are required to provide 60-days minimum notice prior to the commencement start time. Failure to provide such notice will incur disadvantages as detailed within this Clause 4.5.
- Where notice of cancellation is provided within 59-45 days prior to the commencement start time, an administration fee will be subtracted representative of 10% of the service contract value.
- For cancellations less than 45-days prior to the commencement start time there will be no refunds, however you can apply your workshop or course fee to any other services offered by Holistic Ruby for up to a year, any unused portion will be fortified.
- For cancellations less than 45-days prior to the commencement start time there will be no refunds or transfers unless:
- the course/ workshop is full, and your place can be filled from a waiting list,
- you are sick/injured/pregnant and can provide an accredited doctors certificate as proof.In these cases, we will refund the fee, minus a 10% admin fee.
- We reserve the right to cancel a workshop for any reason. Whilst we would only do this in exceptional circumstances that mean we are unable to offer the workshop as advertised.
- Where our right of cancellation is invoked in accordance with Clause 4.6, we will notify you as soon as we have knowledge of the cancellation and will refund you the full amount you have paid us in respect of the workshop.
- We will not be responsible for and are fully and entirely indemnified from any claim in relation to any additional expenses which you may have incurred in respect of the workshop, including travel, accommodation, or exchange rate losses.
- If a course or workshop is cancelled, you will be offered either a refund or the option of being transferred to an alternative date / event or the Choice to attend the Workshop via Virtual Classroom where possible.
- We are unable to give refunds in the case of cancelled transport (trains, aeroplanes etc). We advise that you have in place relevant insurance to protect yourself against this.
- No refund or certificate will be given for partial attendance.
5. OUR SERVICES
- Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
- Compliance with specification. Subject to our right to amend the specification (see Clause 5.3) we will supply the Services to you in accordance with the specification for the Services appearing on our website at the date of your order in all material respects.
- Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services, and we will notify you in advance of any such event.
- Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill and in compliance with service expectations.
6. YOUR OBLIGATIONS
- It is your responsibility to ensure that:
- the terms of your order are complete and accurate.
- you co-operate with us in all matters relating to the Services.
- you provide us, our employees, agents, consultants and subcontractors, with access to your premises (where necessary) and other facilities as we may reasonably require providing the services in compliance with service specifications.
- you provide us with such information and materials we may reasonably require in order to supply the Services and ensure that such information is complete and accurate in all material respects.
- you prepare your premises for the supply of the Services.
- you comply with all applicable laws, including health and safety laws when attending our premises and conduct yourself in a respectful and compliant manner to any instruction provided by us to you.
- you comply with all applicable laws, including health and safety laws when require us to attend you premises for the provision of any service;
- If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in Clause 6.1 (Your Default):
- we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services.
- we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
- it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
- In consideration of us providing the Services you must pay our charges (Charges) in accordance with this Clause 7.
- The Charges are the prices quoted on our site at the time you submit your booking.
- If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Charges accordingly.
- Our Charges may change from time to time, but changes will not affect any order you have already placed.
- Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
8. HOW TO PAY
- Payment for the Services is in advance by following the onscreen prompts at the time of booking.
- If a problem arises or you are dissatisfied with the Services, we request that you contact us via tel: 07900 806574 or by e-mail us on [email protected]. We will take every reasonable step to resolve your matters of concern.
10. INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials provided by you) will be owned by us.
- We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free to copy the deliverables specified in your order for the purpose of receiving and using the Services and such deliverables in your business.
- You may not sub-license, assign or otherwise transfer the rights granted in this Clause 10.
- You may not seek to make a financial gain, whether direct or indirectly from any material provided by us to you.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
- We will use any personal information you provide to us to:
- provide the Services.
- process your payment for the Services; and
- inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
12. LIMITATION OF LIABILITY
- Nothing in the Contract limits or excludes our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation; or
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
- We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of use or corruption of software, data or information;
- loss of or damage to goodwill; and
- any indirect or consequential loss.
- Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, including without limitation the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
- Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
- you commit a material breach of any term of the Contract;
- you fail to pay any amount due under the Contract on the due date for payment;
- you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business [or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
- you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
- your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
14. EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
- If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
- We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
15. COMMUNICATIONS BETWEEN US (FORMAL NOTICE)
- When we refer to “in writing” in these Terms, this includes email.
- Any notice or other communication given [by one of us to the other] under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
- A notice or other communication is deemed to have been received:
- if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
- if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
- if sent by email, at 9.00 am the next working day after transmission.
- In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
- The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
- ASSIGNMENT AND TRANSFER.
- We may assign or transfer our rights and obligations under the Contract to another entity [but will always notify you [in writing or] by posting on this webpage if this happens.]
- You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
- Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
- If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
- Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
- Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.