Terms and Conditions

Last updated: 2022-02-11

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://sportresilience.com website (the “Service”) operated by Sport Resilience (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

What and who are these Terms and Conditions for?

These Terms and Conditions apply to your purchase and use of services, content, information and other tools on the websites sportresilience.com or any of it’s sub-domains. When referring to any of these websites in these Terms and Conditions, we use the term “website”.

Our website content is made for professional practitioners, not for consumers. When referring to “you” in this context, we mean a company or a person acting in the role of professional practitioner and/or a business owner, not as a consumer.

What do I purchase?

You can purchase the services as indicated on the website. If we offer products, the clauses in these Terms and Conditions about “services” also apply to the products, where appropriate.

When it concerns a subscription-based product, you can make use of the purchased service during the subscription period. This may also be a money-back period. The subscription-based products will be updated from time to time.

When it does not concern a subscription-based service, you can make use of the one specific service you have purchased. Those types of services can, but not necessarily will be, updated.

Client Care

We aim to offer all our clients the highest possible standard of care. Each of our consultants is registered with their respective professional bodies and they are subject to their professional code of ethics and conduct. In addition, all consultants, staff and associates adhere to a high standard, in-house code of conduct.

We trust that you will always experience the highest standard of care when using our services. If however you feel that your experience has not met your expectations, then please contact our practice manager who would be happy to address and concerns you may have.

Appointments

Appointments may be booked either with our own practice manager or directly with the consultant (for existing clients). Appointments last for 50 minutes, which is standard practice for psychologists and many therapists. Appointments start on the hour, unless varied by agreement with your consultant.

Cancellations

Cancellation may be made at any time, or up to 1 working day before the appointment without cancellation fees being incurred, Appointments cancelled within 1 working day of the arranged appointment shall be charged in full.

Charges

Charges shall be arranged and agreed at or before your first session. These shall depend on the service you require, the seniority of your consultant and the duration of your treatment, therapy or training. We reserve the right to review all charges annually on the 1st June. If session rates are to be increased you will be notified at least 2 weeks in advance.

Billing and VAT

All matters will be billed regularly, depending on your arrangement with us, and the duration of your treatment or therapy. Clients shall be billed monthly or every fourth session (when appropriate), whichever arises soonest. Psychological therapy and treatment sessions are VAT exempt.

Payment, late payment and responsibility for payment

Payment can be made by cheque, or by using our website, or by direct transfer. Payment can be made upon invoice or directly with your consultant. Payment is due within 7 days of the date of the invoice. We reserve the right to reasonably charge for the collection fees, administrative fees and legal fees for recovery of late or missing payments.

Please note that clients remain responsible for payment of fees and the agreement to provide services between client and Sport Resilience even where clients have health insurance.

Health Insurance

Health insurance policies differ greatly in relation to the cover they provide:

Please advise your consultant when booking if you wish to claim on a health insurance policy
Please confirm with your insurer whether your policy covers you for treatment
You are advised to enquire whether there are any restrictions or prerequisites to your accessing therapeutic services
Check the limits of the cover provided by a policy
Request an authorisation or claim number (if required).

We shall be happy to liase with your insurer on your behalf in respect of invoices outstanding. Please note however the you remain responsible for your bills at all times as our relationship is with you rather than your insurer. If there is a shortfall in the cover provided by your insurer then you shall remain responsible for settling the difference.

Confidentiality

All clients enjoy the highest degree of confidentiality. Your sessions and notes remain private and your consultant will not discuss your matter with anyone unless they have your permission to do so. If you have been referred by a GP, specialist medical practitioner, or other health-care expert, then it is customary to update the referrer as to developments and progress of your treatment.

Your notes shall be be safely stored and shall be accessed only by your consultant and their supervisor. Social Services or the police may be may be informed where there is significant risk of harm, for example to a child. We adhere to the Data Protection Act of 1988 and shall therefore also keep your personal information safe.

What do I pay and how?

The prices for our services are indicated on the website. You will have to pay for the service in the currency quoted on the website, namely in British Pounds (GBP).

You can purchase the services by filling out the required details, and then following the payment procedure. If you pay by credit card, your credit card details will be authorized. If, for whatever reason, the (credit card) payment does not lead to a successful payment, we will notify you thereof and you will have to pay the fees by bank transfer into our account within a payment term of ten days.

Can I change my mind?

If you are not completely satisfied, you can change your mind about your purchase during the money-back guarantee period as indicated on the website (usually 30 days).

Refunds will always be in GBP. If there is a currency fluctuation, this will not affect the amount of the refund, we always pay back the same amount, in the same currency, for which you purchased the product.

We offer refunds on the basis of the “good faith” principle. This means that we trust that you will not, for example, download all downloadable materials and then ask for a refund.

Please note that our system shows us what materials you have downloaded. We hold the right to refuse a refund in case we are convinced that this policy is being abused.

In case you have received a refund, you will be required to delete all the downloaded materials from your hard drive.

What else do you ask of me?

Apart from the other things we ask of you in these Terms and Conditions:

We expect you to use the content of this website within the boundaries of your professional expertise. For instance, if you are a certified and accredited Sport and Exercise Psychologist, you are to use the tools within your field of expertise (Sport and Exercise Psychology). Likewise, a personal trainer may use the products with a client, but not use the tools for sport and exercise psychology.
When you contribute to our website, for example in the online community, we expect you to contribute true, accurate and complete information, that you communicate with other members in a proper manner, and that you do not contribute any information or material that is in violation of applicable laws, generally accepted moral standards or ethics.
When you use content from our website, for example, information from our knowledge database or information contributed by us or by other users in the community, we expect you to only use this for your own professional purposes in the context of your practice. You are not allowed to copy or disclose it otherwise without our consent, or without the specific contributor’s consent. You may, under applicable copyright laws, be entitled to make publish certain content which has been contributed by us, e.g. for citation purposes. In that case, we ask that you quote our website and the respective contributor as the source.
You are not allowed to publically disclose the names, other personal details and/or content of persons contributing to our website without their prior consent. Please keep this information confidential.
You are also not entitled to remove our logo or other intellectual property from any product, images, information or other content unless we indicate on the website that a specific product can be used “white label” or fall under “extended usage rights”.
If we get a claim from a third party in relation to the content you have contributed, or otherwise in relation to not complying with these Terms and Conditions or another term or condition agreed with us, you must pay the reasonable costs we have made in relation to such a claim.

How do you provide the services and other content?

The services and content on our website are provided on an ‘as is’ basis.

We make no warranties with regard to our services or content, including advice, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of accuracy, completeness, actuality, likely results, reliability, merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. The services and content may include technical, typographical, or photographic errors. Furthermore, we do not warrant or make any representations concerning the content on any sites linked to our website.

You are responsible for the manner in which you use our services and content.

We may make changes to the services and content on our website at any time without notice.

What happens in case I suffer damage?

To the fullest extent permitted by the law, we can only be held liable for “direct damages”, being: (i) the reasonable and evidenced costs incurred in relation to preventing or limiting the damage and (ii) the reasonable and evidenced costs incurred in relation to determining the extent of the damage, unless the costs are awarded in a court case, in which case those costs prevail.

To the fullest extent permitted by the law, we are not liable for any consequential damages (including, without limitation, damages for loss of data or profit, loss of business operations, loss of income, loss due to business interruption, claims from clients, fines from government authorities) arising out of the use or inability to use the services or other content offered on our website.

In any case, to the fullest extent permitted by the law, our total liability is limited either to the amount you have paid for the purchased service or the amount paid by our insurance company, whichever amount is lowest. Furthermore, we can only be held liable if the damage is caused by the intent or wilful recklessness of one of our managing officers. However, those officers, nor any of our employees can ever be held directly liable.

You will have to notify us of any damage suffered as soon as reasonably possible and ultimately within six months after the damage arose. Any claims for damages expire if they have not been claimed before a court within one year after the damage has arisen.

What do you do with my personal data (information)?

Please look in our Privacy Policy to see how we handle your personal data (information).

What if I have complaints?

In case you have a complaint, you can notify us thereof (via [email protected]). We will try to handle your complaint to your satisfaction as soon as possible. If you are still not satisfied, please see below.

Can you revise these Terms and Conditions?

Yes, we may revise these Terms and Conditions. We will make the revised Terms and Conditions available on our website the next time you purchase a service on our website.

What else?

In case a provision from these Terms and Conditions is not valid, this does not affect the validity of the other provisions. The affected provision will be deemed replaced by a valid provision which is closest to the intention of the original provision.

In case we wish to transfer our business in whole or in part to another party, you consent to this transfer in advance.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Sport Resilience and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Sport Resilience.

Sport Resilience has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Sport Resilience shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. The content of our website, links, and published materials referred herein are intended for informational purposes only and are not a substitute for therapy, counselling, or treatment by an experienced practitioner.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United Kingdom without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the service.

Contact Us

If you have any questions about these Terms, please contact us.