Terms and Conditions
Terms of Service
By using any of Sunny Kids Shine Ltd's services, you confirm that you accept these terms and conditions and that you agree to comply with them.
If you do not agree to these terms, you must not use any of our Sunny Kids Shine services.
Our usual business hours are 9am - 5pm Monday to Friday, term-time only and excluding bank holidays. We may offer sessions outside of these days and times by appointment only and this will be previously agreed in writing as part of our initial proposal.
You can contact us via email anytime, [email protected] and we aim to respond to all correspondence within 2 business days where possible and no longer than 5 business days.
1.TERMS OF ENGAGEMENT
1.1 You are engaging Sunny Kids Shine Ltd as a Mindful Emotion Coach to provide Coaching Services on the terms of this Agreement.
1.2 This contract between us will commence on the date that you sign to our Services and will continue either until all of the Services have been performed or unless and until terminated.
1.3 You have the right to cancel this agreement within 14 days of the date that you purchased our Services and entered this agreement by emailing us at [email protected]. If you cancel this agreement within the 14 day period, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this Contract; and
1.4 Notwithstanding paragraph 1.3 above, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in such paragraph and you acknowledge that you will lose your cancellation rights in relation to such digital content; and in relation to the provision of any services under this Contract you will lose your right of withdrawal from the Contract once the service contract has commenced.
2. SESSIONS AND CANCELLATION
2.1 The normal duration of each Session is one-hour, although we reserve the right to amend that time for therapeutic reasons. We will also always be led by your child and will end the Session early if necessary. Sessions will either take place over the telephone/ internet or at a third party address as agreed through your proposal. Additional costs may be incurred for in person support by way of travel and/or the use of a third party venue.
2.2 Sunny Kids Shine Ltd cannot, and will not, take any responsibility for the health and safety of the user whilst participating in any Sunny Kids Shine Ltd services. The health and safety of all participants remains the sole responsibility of them, their parent, guardian and/or caregiver.
2.3 Where Sessions are held in third party venues, you agree to comply at all times with such venue’s policies and rules in relation to such venue (particularly fire safety and health and safety rules). You will be required to leave the venue if you do not comply with such policies and rules (and we shall not be obliged to refund you any amounts paid in relation to such Session).
2.4 You are responsible for your own belongings that you take to a Session and neither us nor any third party venue will be liable for any loss, damage, theft or destruction of any of your belongings.
2.5 You agree to reimburse us in full and indemnify us against any claim from any third party (and associated costs and expenses (including professional fees)) arising out of your actions or inactions while at a third party venue.
2.6 If for any reason you are late for a session, we will see you for the duration of the remainder but will be unable to work beyond the allotted time, as this will disrupt our schedule. You will not be reimbursed for any time, or learning lost during this session.
2.7 It is understood that sometimes sudden events, such as emergencies happen. On these very rare occasions you may be forced to cancel the Session last minute, or fail to attend without being able to provide prior notification. On these individual occasions it is at our discretion if a fee will be charged. In general:
a) if you fail to give at least 24 hours’ notice of your intention to cancel or postpone an agreed session
b) or without a valid reason
c) or if there is a repeat of cancellations/Did Not Attend (DNA’s)
d) we reserve the right to charge in full for that session. All requests to cancel a Session must be given in writing by email or by telephone to the other.
2.8 You will be notified of any holidays to be taken by us in advance. However, there may also be occasions when sessions may be cancelled due to unavoidable and unforeseen circumstances. We will always try to give you as much notice as possible of any cancellation and will always offer an alternative date and time at the earliest.opportunity. Therefore, please notify us of any change in contact details. We will not be held responsible for any issues surrounding communication with you if we do not hold up to date information regarding the above.
2.9 We will ask you to complete a questionnaire in advance of our first Session and you will provide true and accurate answers to the questions. As part of our initial consultation process and in our registration form, we will ask you about any other professionals that your family are currently receiving support from. You agree to provide Sunny Kids Shine with this information and obtain written consent from any professional working agreements, as well as not to consult or instruct any other professionals to work with your child or family for the duration of this working agreement without prior written consent from Sunny Kids Shine Ltd. Any dual or multiple relationships will be avoided where the risks of harm to the child and/or family outweigh any benefits. The impact of any dual or multiple relationships will be periodically reviewed in supervision and discussed with clients when appropriate. They may also be discussed with any colleagues or managers in order to enhance the integrity of the work being undertaken.
3. DUTIES OF COACH
3.1 We shall provide the Services with due care, skill and ability.
3.2 Other than as set out in clause 3.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching, we do not guarantee any particular results.
3.3 Any information or guidance we provide is not a substitute for the consultation, diagnosis, and/or medical treatment of your doctor or healthcare provider. You must not rely on any information or guidance we provide you with as an alternative to medical advice from your doctor or healthcare provider and we expressly disclaim all responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered by you or any third party as a result of your reliance on any information or guidance we provide you with. If you have any specific questions or concerns about any medical matter, you should consult your doctor or healthcare provider as soon as possible. If you think you may be suffering from any medical condition, you should seek immediate medical attention from your healthcare provider. Do not delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information or guidance we provide you with. Nothing in this disclaimer will limit or exclude any liability that may not be limited or excluded by applicable law.
4. FEES
4.1 In consideration of us providing the Services to you, Payment for access to Sunny Kids Shine Ltd’s services as discussed during our Initial Consultation process and provided in writing via our Initial proposal are payable in full and in advance. Payment is to be made to Sunny Kids Shine Ltd via bank transfer, through their website, via PayPal, or Stripe. The fees are subject to change from time to time.
4.2 Subject to clauses 1.3, 1.4 and 2.7 of this Agreement, we will not be obliged to provide you with any refunds, adjustments or reimbursements for any reason.
4.3 If you contact me between scheduled Sessions then I may at my discretion provide a brief response to you free of charge. If however I consider that more time is needed to deal appropriately with your communication then I may either: (a) advise you to arrange an additional Session at a fee of £60 for a one-hour session via telephone or the internet. Additional costs may be incurred for in person support by way of travel and/or the use of a third party venue. b) inform you of the time we would need to spend in responding to you and the fee which would be payable by you for such a response. We will obtain your approval to such fee before incurring any fees.
4.4 You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Sessions.
4.5 Without prejudice to any other right or remedy that we may have, if you fail to pay us on the due date, we will suspend all Services until payment has been made in full and is cleared.
5. CONFIDENTIAL INFORMATION
5.1 We acknowledge that in the course of providing the Services we will have access to Confidential Information. Confidential Information means: information in whatever form relating to you and your affairs that are confidential to you including (but not limited to): (i) information that we obtain in connection with the provision of the Services and (ii) the fact that we are providing the Services to you.
5.2 We agree not to (except in the proper course of our duties) use or disclose to any third party any Confidential Information. This restriction does not apply to:
(a) any use or disclosure authorised by you or required by law;
(b) any use or disclosure which we in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or
(c) any information which is already in, or comes into, the public domain otherwise than through our unauthorised disclosure.
5.3 Where Sunny Kids Shine Ltd’s Services take place via Zoom, please be aware of and follow the Zoom privacy Policy which can be found here https://zoom.us/privacy. Zoom Legal Policies can be found here https://zoom.us/privacy-and-legal.
5.4 Sunny Kids Shine Ltd cannot be held responsible for the recording or screen capturing of any Sunny Kids Shine Ltd sessions by other users. Where this is brought to the attention of Sunny Kids Shine Ltd, we will take action to prevent the use or distribution of such recordings and screen captures.
5.5 As is good practice in coaching, we undertake coaching and are part of supervision groups. You agree that we may disclose any issues which arise out of the Sessions with our own coach, supervisor and/or supervision group but we agree only to disclose such issues on a general basis and without disclosing your name.
5.6 You may disclose to third parties such information about the Sessions as you wish.
6. DATA PROTECTION AND INTELLECTUAL PROPERTY
6.1 You acknowledge that your personal data will be processed by and on behalf of us as part of us providing you with the Services. We will use and process your personal data in accordance with our Privacy Policy that you can view at www.sunnykidsshine.com/privacy-policy
6.2 We are the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that we use within the Sessions and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other person.
6.3 You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials that we use in the Sessions.
6.4 We grant to you a limited, non-exclusive, non-transferable, non-sub licensable, revocable licence to use all or any of the content or material used in the Sessions for the purposes for which the Sessions were provided only.
6.5 You may not without my prior written consent make any audio or visual recordings of all or any part of our Sessions.
7. OBLIGATIONS ON TERMINATION
7.1 Your feedback on the process will be asked for at the end of each session and if you feel unhappy with any aspects of the treatment being offered please do try and communicate this verbally at the time of the session, or after via email. This gives us both the chance to address and resolve any issues. You also have the opportunity to contact us throughout our contractual agreement via email and we aim to respond within 48 working hours. Our usual business working hours are Monday - Friday 9am-5pm, term time only, excluding bank holidays.
7.2 We will not suddenly or without warning terminate our contract, except in exceptional circumstances, which would become clear during the course of our work together. This would be fully discussed at that time.
7.3 We reserve the right to terminate therapy sessions and this agreement may be invalidated at the discretion of Sunny Kids Shine Ltd where (but not limited to):
a) The client (Parent/carer) is not abiding by the agreement
b) The client (child/parent/carer or any member of the household) is perceived to be a threat to the practitioner's wellbeing.
c) There are difficulties in the therapeutic relationship which prevent the coach from Sunny Kids Shine Ltd being able to perform their duties.
d) The impact of any dual or multiple relationships is affecting the work being undertaken and creating a conflict of interest.
7.4 Please note that any threats or acts of violence will invalidate this agreement with immediate effect.
7.5 Sessions will not take place if you arrive under the influence of alcohol or non-prescribed medication and a repeat of this will invalidate this agreement with immediate effect.
7.6 In the event of us having to give notice to terminate this agreement, then as soon as reasonably practicable after such notice (and in any event before the date of termination of this agreement), you shall make yourself available for a final Session.
7.7 On or before the date of termination of this agreement, you shall immediately pay any unpaid fees or other sums payable under this agreement.
7.8 Termination of this agreement shall not affect the accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this agreement, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination. 7.4 Clauses which expressly or by implication have effect after termination shall continue in full force and effect after the date of termination of this agreement, including the following clauses: clause 5 (Confidential Information), this clause 7, clause 9 (Limitation on liability) and clause 15 (Governing law and jurisdiction).
8. STATUS
The relationship between us will be that of independent contractor and nothing in this agreement shall render me your employee, worker, agent or partner.
9. LIMITATION ON LIABILITY
9.1 Nothing in this Agreement shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
9.2 We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement and us providing the Services.
9.3 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the Sessions.
9.4 If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
9.5 The provisions of this clause 9 shall survive termination of this agreement.
10. FORCE MAJEURE
We shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond my reasonable control.
11. ENTIRE AGREEMENT
You acknowledge and agree that this agreement constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Services (which shall be deemed to have been terminated by mutual consent).
12. VARIATION
No variation of this agreement shall be valid unless it is in writing and agreed by Sunny Kids Shine Ltd.
13. COUNTERPARTS
This agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument.
14. THIRD PARTY RIGHTS
14.1 A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
14.2 The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not a party to this agreement.
15. GOVERNING LAW AND JURISDICTION
15.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
15.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
16. INTERPRETATION
16.1 The definitions and rules of interpretation in this clause apply in this agreement (unless the context requires otherwise). Confidential Information: information in whatever form relating to you and your affairs that are confidential to you including (but not limited to): (i) information that I obtain in connection with the provision of the Services and (ii) the fact that I am providing the Services to you.
16.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it. We do update these policies and terms and conditions from time to time, so please make sure that you check them regularly to ensure that you are always up to date with the latest revision.
