Terms & Conditions of Service

V0 revised to V1.0 from 03.06.2019

1.                   Introduction

divinesoulawakening.uk (“site”) is owned and operated by Sara Hayselden. Divine Soul Awakening, a sole trader at 36 Whalley Road, Sabden, Clitheroe, Lancashire, BB7 9DZ.

Please read these terms and conditions, privacy policy, and cookie policy carefully before placing an order. By purchasing services on this site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions, privacy policy, please do not purchase services from this site.

The ‘Service is defined as any service such as meditation, hypnosis, hypnotherapy, age regression, past life regression, future life progression, parallel quantum session, between lives session, or energy healing, or discovery session, or coaching or mentoring or a combination package of those services. A client books a session for the time duration of that selected session.

2.                   Disclaimer

I understand you; Sara Hayselden do not take responsibility for any memories in this or any lifetime that I, the client, bring back into my conscious awareness. It is completely my personal journey, that you, Sara Hayselden are just facilitating for me to access my memories, via hypnosis & regression techniques.

Any information or guidance is not a substitute for consultation, diagnosis, and/or medical or mental health or healthcare treatment with your doctor or mental health or healthcare provider. You must not rely on any information or guidance provided as an alternative to medical advice from your doctor or mental health provider and we 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 provided. Do not disregard medical advice nor discontinue medical treatment unless you have sought your GP or mental health practitioner’s advice.

If you have any, or suspect you may have any serious mental health conditions, such as schizophrenia, bipolar disorder, clinical depression, PTSD or are taking anti-psychotic or epileptic medications or are dealing with a serious traumatic event such as rape or physical abuse, you should not use these services. If you are unsure, please consult with your doctor or mental healthcare provider. If you have any specific questions or concerns about any medical or mental health matter, you should consult your doctor or healthcare provider as soon as possible.

Nothing in this disclaimer will limit or exclude any liability that may not be limited or excluded by applicable law.

 

3.                   Changes to terms

We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting. Please check these terms and conditions periodically for changes. Your continued use of this site and purchase of services on this site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase. If the revised terms apply to any existing provision of services, we will notify you of the changes.

 

4.                   Privacy policy and Acceptable use policy

Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy https://divinesoulawakening.uk/privacy-policy

 

5.                   Restrictions

5.1                You shall not purchase any services or products from this site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract.

5.2                You shall not purchase any services or products if you are situated and reside in the USA or Canada. We reserve the right to cancel any orders

6.                   Acceptance of order

6.1                These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our booking software email confirmation or when we contact you to tell you that we are able to provide the services to you. We are not bound by the order unless we accept the booking via the online booking software, receive full payment and you receive an email confirmation.

6.2                If there is any conflict between these Terms and any term of the order, the order will take priority.

7.                   Entire Agreement

These Terms, and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

8.                   Representations

8.1                You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.

8.2                You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.

8.3                Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

9.                   Provision of Services

9.1                We will provide the services to you on the agreed booked date, provided we have received the required completed client intake form that shows it’s appropriate for us to provide you with these services and confirmed in writing via email OR the mutually rescheduled and agreed booking between us in writing until the booked sessions have been fulfilled.

9.2                We will make every effort to complete the services on time. However, there may be delays due to an Event Outside Our Control and the appointed services rescheduled. See clause 15 below for our responsibilities when an Event Outside Our Control happens.

9.3                We will need certain information from you that is necessary for us to provide the services, for example, name, address, date of birth, contact telephone number, the completed client intake form which includes information so we can assess if a session is appropriate. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra work that is required, or we may suspend the services by giving you written notice via the cancellation form on the booking software. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the services under this clause 8.3, you do not have to pay for the services while they are suspended, but this does not affect your obligation to pay any invoices we have already sent you.

9.4                We may have to suspend the services if we have to deal with technical problems, or to make improvements agreed between you and us in writing to the services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the services while they are suspended under this clause 8.4 but this does not affect your obligation to pay for any invoices, we have already sent you.

9.5                If you do not pay us for the services when you are supposed to, we may suspend the services with immediate effect until you have paid us the outstanding amounts (except where you validly dispute an invoice). We will contact you to tell you this. This does not affect our right to charge you interest.

9.6                If we supply a product to you as part of the services (such as a report, a digital audio file or mp4 or CD, an e-book or any other form of digital content or any other type of product whatsoever), we will own the copyright, design right and all other intellectual property rights in such product and any drafts, drawings or illustrations we make in connection with the product for you. You have the choice to have the appropriate part of your session recorded and which is transferred to you afterwards as a digital audio file. You have 72 hours to download the file before it is deleted. Any such products or services are for your use only and are not to be shared or transmitted to anyone else. You are not permitted to record a session under any circumstance.

10.                If there is a problem with the services

10.1            If you have any questions or there is a problem with the service, please contact us. You can do so at hello@divinesoulawakening.uk or 07973 453808.

10.2            As a consumer, you have legal rights in relation to services supplied which are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).

10.3            Before we begin to provide the services, you have the following rights to cancel our services:

a)              you may cancel any order/booking for Services at any time 48 hours before the start date for the services by using the “Change/Cancel” link that is provided in your original booking email confirmation and subsequent email reminders. You have the option to choose whether to cancel or reschedule by using the link up to 48 hours in advance. You will receive a reschedule or cancellation confirmation via the online booking software; or you can use the cancellation form at the end of these Terms and email it, up to 48hours in advance to hello@divinesoulawakening.uk – with the email subject titled “Cancellation of [insert session date and time]”.

b)              if you cancel an Order under clause 10.3 (a) and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you provided you have given 48 hours notice or more;

c)              however, if you cancel an order for services with less than 48 hours notice or do not attend a session or we have already started work on your order by that time, you will not receive a refund. However, where you have cancelled an order because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us.

10.4            If the Contract is of an indefinite duration, once we have begun to provide the services to you, you may cancel the contract for services with immediate effect by giving us written notice if:

a)              we break this contract in any material way and we do not correct or fix the situation within 28 days of you asking us to in writing;

b)              we go into liquidation or a receiver or an administrator is appointed over our assets;

c)              we change these Terms under to your material disadvantage;

d)              we are affected by an Event Outside Our Control.

11.                DIGITAL PRODUCTS

11.1            In relation to digital content not on a tangible medium, you may cancel the contract at any time up to 14 days after the day on which the contract is entered into but need to give 48 hours cancellation notice before the booked session.

11.2            Notwithstanding clause 12.1, you agree that we may begin the supply of digital content only after your booked session has been fulfilled and not on a tangible medium before the end of the cancellation period set out in clause 12.1 and you acknowledge that you will lose your cancellation rights.

12.                Our rights to cancel and applicable refund

12.1            We may have to cancel an order before the start date for the services due to an Event Outside Our Control or the unavailability of key personnel or key materials without which we cannot provide the services or the products. If this happens:

a)              we will promptly contact you to let you know;

b)              if you have made any payment in advance for services or products that have not been provided to you, we will refund these amounts to you;

c)              where we have already started work on your order for services, we will not charge you anything and you will not have to make any payment to us.

12.2            Once we have begun to provide the services to you, we may cancel the contract for the services at any time by providing you with at least 14 calendar days’ notice in writing. If you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.

12.3            We may cancel the contract for services at any time with immediate effect by giving you written notice if:

a)              you do not pay us when you are supposed to. This does not affect our right to charge you interest on late payment; or

b)              you break the contract in any other material way, and you do not correct or fix the situation within 7 days or 48 hours before your appointment of us asking you to in writing.

13.                Price and payment

13.1            Prices of the services and products are specified on our site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.

13.2            Despite our best efforts, there may be incorrect prices on some of the services or products. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the services or products to you at the lower price that was incorrect.

13.3            Payment for services is to be made in advance via the online booking software via a payment processor eg Stripe or PayPal. We accept payment via certain debit and or credit cards via these payment processors.

13.4            If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Nat West Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

14.                Limitation of liability

14.1            We are responsible for loss or damage you suffer that is a foreseeable result of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

14.2            We are not liable for any loss or cost you or any other person connected to you incur, in the event of any emotional stress, mental, physical, or distress or any other condition or ailment caused either directly or indirectly in relation to this Service or Product. We make no warranty or representation that methods used during sessions will assist you in your personal circumstances, nor will you hold us responsible in any circumstances for a failure in whole or part to achieve any of your goals or objectives.

14.3            We try to ensure that this website and IT services and hardware and devices are free from viruses or defects. However, we cannot guarantee that your use of this website or any website accessible through it, or any email or technological interaction will not cause damage to your computer or IT device or hardware or software or stored items. It is your responsibility to ensure that you have the right equipment to access this website and our services and products and that your device(s) or hardware is appropriately protected. Except in the case of negligence on our part, we will not be liable to any person or entity for any loss or damage which may arise to computer equipment or hardware or software or storage as a result of using this website or our services or products.

14.4            Services and products supplied by us are for non-commercial purposes only. You shall not use the services or products for any business or re-sale, commercial purpose. We are not liable to you for any loss of business or working days, loss of profit, loss of business opportunity, or business interruption.

14.5            Exceptions to Limitation of Liability

Our liability does not exclude or limit in any way:

(a)            fraud or fraudulent misrepresentation;

(b)           death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

(c)            defective products under the Consumer Protection Act 1987;

(d)           breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e)            breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession).

15.                Circumstances beyond our control

15.1            If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.

15.2            Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, solar disturbance or other natural disaster, or power outages or technology failures or failure of private or public telecommunications networks.

15.3            If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:

15.4            you will be notified as soon as reasonably possible; and

15.5            the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control. If the session/delivery date for any services or products ordered is affected by the Circumstances Beyond Our Control, we will reschedule the session/delivery date with you after the Circumstances Beyond Our Control are over

15.6            If Circumstances Beyond Our Control occur and you do not wish us to provide the services, you may cancel the contract in accordance with clause 9. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 4 weeks in accordance with our cancellation rights.

16.                Notice

16.1            Any notice to us should be in writing and sent to us by e-mail, by hand, or by pre-paid post to Sara Hayselden, T/a Divine Soul Awakening at 36 Whalley Road, Sabden, Clitheroe, Lancashire, BB7 9DZ

16.2            Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the Order.

17.                Miscellaneous

17.1            We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.

17.2            You cannot transfer your rights and obligations under these Terms to any another person without our written approval.

17.3            This contract is only between you and us. No other third person shall have any rights to enforce any terms.

17.4            Each paragraph of these Terms are separate and distinct from other. If any court or relevant authority determines any of paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.

17.5            Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.

17.6            English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us. However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland, and you may bring proceedings in Scotland if you are a resident of Scotland.

18.                Contact us

For any questions or queries you can contact us at 07973 453808 or e-mail us at hello@divinesoulawakening.uk

CANCELLATION

 

To cancel or reschedule please use the Change/Cancel link within your booking email confirmation or subsequent reminder emails.

Alternatively, you can use this form below.

CANCELLATION FORM

 

To Sara Hayselden, T/A Divine Soul Awakening, 36 Whalley Road, Sabden, Clitheroe, Lancashire, BB7 9DZ. hello@divinesoulawakening.uk

 

I/We* hereby give you notice that I/We* cancel my/our* contract for the sale of the following goods*/for the supply of the following services*:

 

Ordered on*/Received on*:

 

Name of consumer:

 

Address of consumer:

 

Signature of consumer: (only if this form is notified on paper)

 

Date:

 

*Delete as appropriate

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