Terms and Conditions

UK Hypnotherapy Council

Application of Terms and Conditions

  1. These terms and conditions apply to all persons who have applied for and/or created a membership account on the website www.theukhc.org (“the site”) as operated by the UK Hypnotherapy Council (“UKHC”) registered as a limited company in England and Wales at 4-6 Peterborough Road, Harrow, England, HA1 2BQ United Kingdom. By creating a user account, seeking or obtaining membership of the UKHC, advertising your services, submitting articles for publication, or communicating with members, users, or the general public on our site, you agree to the following terms and conditions.
  2. These terms and conditions should be read in conjunction with our Privacy and Data Protection Policy, Website Acceptable Use Policy and UKHC Code of Conduct and Ethics as published on the site.
  3. All information, content, articles, or posts submitted by you to the site are subject at all times to these Terms and Conditions as well as the Privacy and Data Protection Policy, Website Acceptable Use Policy and UKHC Code of Conduct and Ethics as published on the site.

User Accounts and Membership

  1. In order to list your business, advertise your services, submit articles or posts, or use the site’s member only areas, you must create a user account which requires a current subscription.
  2. You are responsible for keeping your password for the site secure, and for using your account in accordance with these Terms and Conditions as well as the Website Acceptable Use Policy.
  3. You do not need to be a member of the UKHC to use this site; however there are areas of the site which are only accessible to members and only full members are permitted to list their business in the UKHC Member Directory.
  4. In order to become a member of the UKHC you must apply online and pay a membership fee.
  5. Full Membership is subject to the applicant having achieved a UKHC approved Diploma Level Qualification in Clinical Hypnotherapy and providing evidence that you have current practice insurance.
  6. Ongoing Full Membership is subject to the member demonstrating that they are undertaking adequate professional supervision and undertaking 25 hours of Continued Professional Development (CPD) in the duration of each year of membership, and adhering to the UKHC Code of Conduct and Ethics.
  7. When you apply you grant the UKHC permission to verify your details to ensure compliance with the our joining and ongoing requiremements. If this is not possible for any reason or you application does not meet the above joining requirements then your application may be refused or your membership terminated.
  8. The UKHC may, at our absolute discretion, refuse a user account, membership, directory listing, or proposed publication or submission, to any person or entity, and the UKHC are not obliged to give reasons for any such refusal.

Term of User Accounts and Membership

  1. User accounts shall continue unless they are terminated by either party in accordance with the Cancellantion provisions below.
  2. Membership of the UKHC will commence at the time (“approval date”) all relevant items and information, including application form, membership fee, copies of qualifications and insurance certificates, are submitted by the applicant and processed by the UKHC, and the UKHC is satisfied that conditions for membership are met.
  3. Member Logon and Access to the site is enabled as of the approval date.
  4. In the event that the applicant does not meet the criteria for membership of the UKHC the applicant will be notified of any defects in their application, and invited to re-apply with any such defects remedied.
  5. Once an application for membership of the UKHC is approved, membership shall continue for a period of one calendar year from the date of approval. Upon expiry of that period, unless the applicant has opted out of automatically renewing their membership, membership of the UKHC shall automatically renew for a further year and the annual fee becomes due.
  6. A member may opt out of automatically renewing their membership at any time by emailing admin@theukhc.org

Fees and Payment

  1. Membership accounts are subject to an initial and ongoing annual membership fee.
  2. The fee for UKHC membership shall be as set out on the site at the time membership is applied for. This fee may change from time to time.
  3. Fees for any additional benefits, advertising, or services shall be as set out on the site at the time payment is made for them. These fees may change from time to time.
  4. All fees are exclusive of UK VAT or any applicable sales tax in any jurisdiction unless otherwise specified on the site.
  5. Payment for all fees may be made by PayPal including payment options available within PayPal.
  6. All fees quoted are in pounds sterling, and currency exchange settlements will be as provided by PayPal or your financial institution.
  7. If your membership application is refused, rejected, you decide not to proceed with the application or then any fee paid will be refunded in full using the original payment method within 30 days. Other than this full or partial refunds are not made if you subsequently cancel your membership or your membership is terminated.

Cancellation

  1. You may within 7 days of approval of a UKHC membership application, or purchase of any additional benefits, advertising, or services provided by the UKHC, cancel the application or purchase. To cancel your membership application or purchase, you must email admin@theukhc.org within the 7 day time period providing notice of your wish to cancel.
  2. Provided the UKHC receives notice of your intention to cancel your membership application or purchase in accordance with the previous provision, the UKHC will refund the fee paid for the application or purchase using the original payment method within 30 days of our receipt of such notice.
  3. The terms of cancellation in this section do not affect your statutory rights.

Termination

  1. You may terminate your user account or UKHC membership at any time by emailing admin@theukhc.org and providing the UKHC with notice of your wish to terminate your user account or UKHC membership.
  2. Termination of your UKHC membership will not terminate your user account unless this is also requested by you, and notice of this request is provided to us. In the event you terminate your UKHC membership without terminating your user account, these Terms and Conditions continue to apply to your user account.
  3. Termination by you of your user account or UKHC membership shall be effective from the date on which the UKHC removes your membership details from the site, or closes your user account, or both.
  4. The UKHC may terminate your user account at any time without notice to you by removing your user account and/or membership details from the site.
  5. The UKHC may terminate your UKHC membership and any agreement between us without notice, and without any liability to make a refund or other payment to you in any of the following circumstances:
    1. You have, after investigation, been found by the UKHC to have breached the UKHC Code of Conduct and Ethics.
    2. You have not complied with your obligations to maintain adequate supervision, CPD hours, or professional practice insurance.
    3. You are not in compliance with the provisions of the Advertising Standards Authority.
    4. You have breached these Terms and Conditions, the Acceptable Use Policy or the Privacy and Data Protection Policy in any way.
    5. You have in the UKHC’s opinion been transmitting or are connected with spamming or any other unsolicited bulk email or communication.
    6. Your membership may, in our reasonable opinion, adversely affect the reputation of the UKHC or the profession of hypnotherapy.

Consequences of Termination

  1. Upon termination of UKHC membership, your right to use the membership areas of the site shall immediately cease. The UKHC has no obligation to maintain any of your posted content, additional benefits, advertising, services, or listings.
  2. Upon termination of your user account, any details pertaining to that account as maintained by the UKHC via the site may be removed, and access to the member areas of the site shall immediately cease.
  3. Any termination of the agreement between us shall not affect any rights or liabilities that have accrued prior to such termination.

Additional Services

  1. Any additional services such as advertising, promotions, and feature posts or listings are described on the site and may change from time to time. Additional services are limited in number and will be made available on a first come first served basis. The UKHC accepts no liability for any additional services not being available.
  2. You warrant that any advertisement, promotion or feature complies with all applicable laws and regulations, including the UK CAP code and any other relevant regulation of the Advertising Standards Authority (ASA), as well as the UKHC Code of Conduct and Ethics, and you shall indemnify the UKHC for any loss, damage or liability the UKHC may incur by reason of your breach of this section.
  3. The UKHC may reject in our absolute discretion any materials submitted in relation to additional services offered by us, and may request that you provide amended or additional materials. All advertising or promotional content is subject to approval of the UKHC, and the UKHC reserve the right to reject or cancel any advertisement or promotion deemed to be unsuitable for any reason.
  4. You understand and acknowledge that any advertisement, feature, or promotional materials accepted by the UKHC in relation to additional services shall not constitute, imply or suggest any recommendation, preference, or warranty made by us regarding any product, item or service alluded to therein.

Articles

  1. The UKHC may in our absolute discretion accept articles (including text, information, images, audio, or video material) from you for publication on our site.
  2. If you submit an article to the UKHC for publication on our site, you shall be responsible for the accuracy and completeness of the article, and for ensuring and undertaking that none of the material contained therein is or could be reasonably considered to be plagiarised.
  3. If the UKHC accept an article from you for publication on the site, you grant the UKHC a non-exclusive licence to distribute the article on the site and any such other media the UKHC may decide, in return for crediting you for the article. The licence granted under this section permits the UKHC to modify, electronically reproduce, distribute, and publicly display the article on the site and reproduce and distribute excerpts of the article in marketing and promotional materials relating to the UKHC.
  4. The UKHC have no obligation to you, and accept no responsibility for reviewing the article to determine whether the article may result in liability to any third party.
  5. If the UKHC considers that any article submitted by you may incur liability for the UKHC, or adversely affect our reputation, good standing, or the reputation of the profession of hypnotherapy, we may remove the article or any such part of it that we consider, in our discretion, is prudent or necessary to eliminate our potential liability.

Intellectual Property

  1. The UKHC is the owner or licensee of all intellectual property rights in our site, and in all of the material published on it. The site and such materials are protected by copyright laws and treaties around the world and the UKHC reserves all such rights.
  2. You grant the UKHC a perpetual, worldwide, royalty free licence to use all or any of your intellectual property rights in any materials, content, or advertisements shown on our site.
  3. You indemnify the UKHC all times against any and all losses, damages, costs, expenses and other liabilities, including legal fees, incurred by, awarded against, or agreed to be paid by us arising from any claim of infringement or alleged infringement of a third party’s intellectual property rights arising from your use of the site.
  4. You agree that the UKHC retains full editorial control over any information, content, listing, promotion, or advertisement submitted by you to the site, and that the UKHC own all intellectual property rights in relation to such submissions (except for your branding and any intellectual property rights owned by you prior to such submissions).
  5. The UKHC reserves the right to change the format, style, and layout of our site, and any content, listing, information, or advertisement submitted by you as we consider desirable.
  6. You must not reproduce or replicate in any format, any part of the site, (including content, designs, or look and feel) without prior written consent from the UKHC.

Warranties

  1. You warrant that where you are an individual you are at least 18 years of age and where you are a company or other legal person, that you are a bona fide legal entity duly formed in accordance with all applicable law and regulations and have full capacity and authority to enter into an agreement with the UKHC.
  2. You warrant that all information provided by you to the UKHC or have submitted to the site is true, accurate, and not misleading in any way.
  3. You warrant that in using the site you will comply at all times with all applicable law and regulations, including advertising codes of conduct.
  4. You warrant that any website or information owned or controlled by you that listed or linked on our site is free from illegal, defamatory or tortious content.

Limitation of Liability

  1. Other than liability for us causing death or personal injury to any person or for any fraudulent misrepresentation made by the UKHC, the UKHC excludes all liability for any loss or damage suffered by you from your use of the site, including all consequential loss or damage howsoever caused and whether this was in the reasonable contemplation of the UKHC or not.
  2. In the event that we are found liable to you for any loss or damage, this liability shall be limited to the amount you have paid for your current UKHC membership and any current additional services provided by us. In the event that any court of competent jurisdiction does not allow such limitation of liability and awards damages against us in excess of the aforementioned amount, you agree to release the UKHC from all damages and liability in excess of this amount.
  3. You agree and acknowledge that the UKHC is not liable to you for any loss or damage, or for any offence caused, or for any threatening, defamatory, obscene, offensive or illegal content uploaded to our site by a third party or for the infringement of any of your rights (including intellectual property rights) arising from the conduct of a third party.
  4. You agree and acknowledge that the UKHC has no liability for the site not being available at any time, nor any liability for the deletion, corruption, or failure to store any materials, information or content on the site.
  5. The UKHC has no liability for any advice, views, recommendations, advertisements and any other form of content provided by other users of the site or third parties.

Indemnity

  1. You agree to, at all times, indemnify the UKHC and keep us indemnified against all losses, damages, costs, or expenses and other liabilities (including legal fees) incurred by, awarded against, or agreed to be paid by us arising from your breach of any of these terms and conditions.

Force Majeure

  1. The UKHC 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 our reasonable control.

Severance

  1. If any provision of this agreement (or any part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable, or illegal, the other provisions shall remain in force, unless in our reasonable opinion, the purpose of this agreement is frustrated as a result.

Variation

  1. The UKHC may vary these terms and conditions at any time. The latest version of these terms and conditions shall be posted on the site. Your continued use of the site constitutes your acceptance of any new, updated, or amended terms and conditions.

Waiver

  1. No failure or delay by the UKHC to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise.

Entire Agreement

  1. This agreement, the Website Acceptable Use Policy, the Privacy and Data Protection Policy, and Requirement to Evidence Public Indemnity Insurance and CPD Compliance Policy (which can be found on the site) constitute the entire agreement between you and the UKHC and supersede all prior agreements, communications, and proposals.

Third Party Rights

  1. A person who is not party to this agreement shall not have any rights under it or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.

Governing Law and Jurisdiction

  1. This agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with English law. 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.

(c) 2020 UK Hypnotherapy Council Limited