Terms of Service

Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.

Summary of some of your key rights:

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The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel within 14 days. If you agree, the treatment services will start within this time, you may be charged for what you’ve used.

The Consumer Rights Act 2015 says:

you can ask us to repeat the treatment services if they are not carried out with reasonable care and skill, or get some money back if we can’t do this;

if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;

if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.

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This contract sets out:

• your legal rights and responsibilities;
• your legal rights and responsibilities; and
• certain key information required by law.

In this contract:

• ‘We’, ‘us’ or ‘our’ means Awakn Bristol Limited; and
• ‘You’ or ‘your’ means the person purchasing treatment services from us.

If you don’t understand any of this contract and want to talk to us about it, please contact us by:

• email clinics@awaknlifesciences.com, emails will be responded to Monday to Friday: 9 am to 6 pm)

Do you need extra help?

If you would like this contract in another format (for example: audio, large print, braille) please contact us using the contact details at the top of this contract.

 

 

1 Who are we?

We are Awakn Bristol Limited trading as Awakn a company registered in England and Wales under company number: 10237533

Our registered office is at: 1 Regent Street, Bristol, BS8 4HW

2 Introduction

2.1 If you buy treatment services through our website, through an e mail link, or in person at one of our clinics you agree to be legally bound by this contract.

2.2 You may only buy treatment services from our site for non-business reasons.

2.3 This contract is only available in English. No other languages will apply to this contract.

2.4 When buying any treatment services you also agree to be legally bound by:

2.4.1 extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month’s notice; and

2.4.2 if you buy our treatment services from our website, you also agree to our website terms and conditions and any documents referred to in them .

All of the above documents form part of this contract as though set out in full here.

3 Information we give you

3.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made.

We will give you information on:

• the main characteristics of the treatment services you want to buy;

• who we are, where we are based and how you can contact us;

• the total price of the treatment services including any taxes (or where this cannot reasonably be worked out in advance, the manner in which we will work out the price);

• the arrangements for payment, carrying out of the treatment services, and the time by which we will carry out the treatment services;

• our complaint handling policy; and

• how long the contract is for [and how to end it];

3.2 The key information we give you by law forms part of this contract (as though it is set out in full here).

3.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it. We will only do this is there is a change in the law.

3.4 The key information we give you by law forms part of this contract (as though it is set out in full here):

3.4.1 click on ‘Information we will give you’;

3.4.2 read the acknowledgement email (see clause 5.3); or

3.4.3 contact us using the contact details at the top of this page.

4 Your privacy and personal information

4.1 Our Privacy Policy is available at http://clinics.awaknlifesciences.com/privacypolicy

4.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

5 Purchasing treatment services from us

5.1 Below, we set out how a legally binding contract between you and us is made.

5.2 You place an order for treatment services with us over the phone when contacted by one of our clinical staff, which is confirmed with you via email.. You may also book treatment services in person at one of our clinics.

5.3 When you place your order for treatment services:

5.3.1 through the online checkout process (e.g. when you click on the ‘pay now’), or

5.3.2 by telephone, or

5.3.3 in a clinic

we will acknowledge it by email. This acknowledgement does not, however, mean that your request for treatment services has been accepted.

5.4 We may contact you to say that we do not accept your request for treatment services. This is typically for the following reasons:

5.4.1 we cannot carry out the treatment services (this may be because, for example, we have a shortage of staff);

5.4.2 we cannot authorise your payment of our Fees;

5.4.3 there has been a mistake on the pricing or description of the treatment services.

5.5 We will only accept your request for treatment services when we email you to confirm this (Confirmation Email). At this point:

5.5.1 a legally binding contract will be in place between you and us; and

5.5.2 we will provide the treatment services as agreed as long as you have paid the Fees we have agreed with you.

5.6 If you are under the age of 18 you may not buy any treatment services from the site.

6 Right to cancel

6.1 If you have purchased your treatment services through our website, or on the telephone you have the right to cancel this contract within 14 days without giving any reason. However, you do not have the right to cancel if you requested for us to start providing the treatment services during the cancellation period and the treatment services are carried out during this period. This is further explained in clauses 6.6 and 6.7 below.

6.2 The cancellation period will expire after 14 days from the day of the conclusion of the contract.

6.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or email) using the contact details at the top of this contract. You may use the model cancellation form available here, but it is not obligatory.

6.4 To meet the cancellation deadline, you may send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

6.5 We will not start providing the treatment services during the 14-day cancellation period unless you ask us to. When you place a request for treatment services, you will be given the option to tick a box to request for us to start providing the treatment services during the cancellation period. By ticking the box, you acknowledge that you will lose your right to cancel this contract once the treatment services are fully performed. If you do not tick the box, we will not be able to start providing the treatment services to you until the cancellation period has expired. We are not obliged to accept your request.

6.6 This means that if you requested for us to start providing the treatment services during the cancellation period and the treatment services are performed during this period, you lose your right to cancel and will be required to pay the Fees under this contract, even if the cancellation period has not expired.

6.7 This does not affect the rights you have if your treatment services are faulty. A summary of these rights is provided at the top of this contract. See also clause [11] below.

7 Effects of cancellation

7.1 If you cancel this contract during the 14 day cooling off period, we will reimburse to you all payments of the Fees received from you unless you requested for us to start providing the treatment services during the cancellation period, in which case you must pay us the Fees:

7.1.1 for the treatment services we provided up to the time you told us that you want to cancel this contract, which will be an amount in proportion to the treatment services performed up to that point in comparison with the full price under this contract; or

7.1.2 the full price under this contract, if you lost your right to cancel this contract because the treatment services were fully performed (ie the work was completed) during the cancellation period.

7.2 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

7.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

8 Carrying out of the treatment services

8.1 We must carry out the treatment services by the time or within the period set out in the Confirmation Email (see clause 5.5), or agreed with us in a clinic or over the telephone. If you and we have agreed no time or period, this will be within a reasonable time.

8.2 Our carrying out of the treatment services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the treatment services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to restart the treatment services as soon as those events have been fixed.

9 Payment

9.1 We accept the following credit cards and debit cards for you to pay the Fees: Visa, Mastercard, American Express. We do not accept cash payments for the Fees.

9.2 We will do all that we reasonably can to ensure that all of the information you give us when paying Fees for the treatment services is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 4) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

9.3 Your credit card or debit card will only be charged when we have confirmed the date of your first treatment service

9.4 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:

9.4.1 Verified by Visa: Pending Input from Payment Provider;

9.4.2 Mastercard®SecureCodeTM: Pending Input from Payment Provider; or

9.4.3 American Express SafeKey: Pending Input from Payment Provider.

9.5 If your payment is not received by us under clause 9.3, we may charge interest on any balance outstanding at the rate of [2] percentage points per year above [insert details] Bank plc’s base rate. We will email you to let you know if we intend to do this.

9.6 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 6 and 7.

9.7 The price of the treatment services:

9.7.1 is in pounds sterling (£) (GBP), or, in € Euro if you are in the Republic of Ireland;

9.7.2 includes VAT at the applicable rate;

10 Nature of the treatment services

10.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example:

10.1.1 the treatment services must be carried out with reasonable care and skill;

10.1.2 you must pay a reasonable price for the treatment services, and no more, if you and we haven’t fixed a price for the treatment services; and

10.1.3 we must carry out the treatment services within a reasonable time, if you and we haven’t fixed a time for the treatment services to be carried out.

11 Faulty treatment services

11.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

11.1.1 contact us using the contact details at the top of this page; or

11.1.2 visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.

11.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

11.3 Please contact us using the contact details at the top of this contract if you want:

11.3.1 us to repeat the treatment services; or

11.3.2 a price reduction.

12 Cancellations, rescheduling and no shows

12.1 You confirm and agree that the treatment services start when you have a confirmed appointment with us for the treatment services and as such, you acknowledge and agree that the treatment services shall start on the date you make your booking (the “Service Start Date”).  We will ask you to pay us the Fees for the treatment services before we confirm your appointment.

12.2 Without affecting clause [12.1] before you pay the Fees to us (you are entitled to cancel the treatment services booked. Once You have paid the Fees and made an appointment for the treatment services, if you wish to cancel the treatment services, the following cancellation provisions and charges shall apply:

12.2.1 if cancelled or rescheduled within twenty-four (24) hours of an appointment for treatment services date and time, You shall forfeit 100% of the Fees payable for the first treatment session of that payment installment;

12.2.2 if cancelled in excess of twenty-four (24) hours prior to the treatment appointment date and time, You will be offered either:

12.2.3 a re-scheduled appointment; or

12.2.4 if your appointment is for a single session of treatment such as an initial assessment, we will refund the Fees to you.

12.3 All cancellations (and requests to re-schedule) must be made directly by e-mailing clinics@awaknlifesciences.com with “IMPORTANT – CANCELLATION REQUEST” or like message in the subject line) (“Cancellation Notification”), or via the Cancellation From at this link.

12.4 If you simply do not show up to your appointment for treatment services and you do not notify us as set out above, you will not be entitled to a credit in whole or in part under any circumstances.

13 End of the contract

13.1 If you end this contract it will not affect our right to receive any money which you owe to us known as Fees.

13.2 If we end this contract, we will refund you any Fees you have paid for treatment services in advance.

14 Limit on our responsibility to you

14.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws, we are not legally responsible for any:

14.1.1 losses that:

(a) were not foreseeable to you and us when the contract was formed;

(b) were not caused by any breach on our part;

14.1.2 business losses; and

14.1.3 losses to non-consumers.

15 Disputes

15.1 We will try to resolve any disputes with you quickly and efficiently.

15.2 If you are unhappy with:

15.2.1 the treatment services;

15.2.2 our service to you generally; or

15.2.3 any other matter,

please contact us as soon as possible.

15.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

15.3.1 let you know that we cannot settle the dispute with you;

15.3.2 give you certain information required by law about our alternative dispute resolution provider which is run by www.iscas.org.uk, Independent Sector Complaints Adjudication Service, 70 Fleet Street, London, EC4Y 1EU

15.4 If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract. If you live in the Republic of Ireland, the courts in the Republic of Ireland will have non-exclusive jurisdiction.

15.5 The laws of England and Wales will apply to this contract.

16 Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.