Terms & Conditions
These terms and conditions outline the rules and regulations for the use of Total Therapy Training’s Website or any other website of the Total Therapy group.
Total Therapy administration offices can be contacted at: Unit 10, Sunderland House, Sunderland Street, Macclesfield, Cheshire, United Kingdom
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use this website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice
and any or all Agreements:
“Customer”, “You” and “Your” refers to you, the person accessing this website
and accepting the Company’s terms and conditions.
“The Company”, “Ourselves”, “We”, “Our” and “Us”, “Total Therapy”, “Total Total Therapy Group” refers
to our Company.
“Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client
or ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake
the process of our assistance to the Customer in the most appropriate manner, whether by formal classes, or any other means, for the express purpose of meeting the Customer’s needs in respect of provision of the Total Therapy’s stated services, in accordance with and subject to, prevailing law of United Kingdom. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies
We employ the use of cookies. By using any of Total Therapy’s website(s) you consent to the use of cookies in accordance with Total Therapy’s privacy policy.
Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.
License
Unless otherwise stated, Total Therapy and/or it’s licensors own the intellectual property rights for all material on any Total Therapy website. All intellectual property rights are reserved. You may view and/or print pages from http://www.totaltherapytraining.org or http://www.totaltherapyonline.co.uk for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Republish material from http://www.totaltherapytraining.co.uk, http://www.totaltherapy online.co.uk or any other Total Therapy website without our express permission in writing.
Sell, rent or sub-license material from http://www.totaltherapytraining.co.uk, http://www.totaltherapyonline.co.uk or any other Total Therapy website without our express permission in writing.
Reproduce, duplicate or copy material from http://www.totaltherapytraining.co.uk, http://www.totaltherapyonline.co.uk or any other Total Therapy website without our express permission in writing.
No use of Total Therapy Training’s logo or other artwork will be allowed without a franchise or licence agreement.
Hyperlinking to our Content. Any organization may link to our home page, to publications or to other web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
Iframes
Without prior approval and express written permission, you may not create frames around any part of our Web pages or use other techniques that alter in any way the visual presentation, appearance or information on our Web site.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
We reserve the right at any time and in it’s sole discretion to request that you discontinue using the Total Therapy name and / or logos on your own websites and social media. We also reserve the right to amend these terms and conditions and our media or name use policy at any time. By continuing to use our name and / or logos, you agree to be bound to and abide by these terms and conditions.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness, however we do we commit to ensuring that the website remains available and that the material on the website is kept up to date.
Franchise Content Liability
We shall have no responsibility or liability for any content appearing on your own Franchise web site. You agree to indemnify and defend us against all claims arising out of or based upon your website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as
libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
– limit or exclude our or your liability for death or personal injury resulting from negligence;
– limit or exclude our or your liability for fraud or fraudulent misrepresentation;
– limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
– The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent of the website and the information and services on the website when provided free of charge, we will not be liable for any loss or damage of any nature resulting from this.
Terms and Conditions of Sales
Total Therapy Training is a provider of Training Courses and Equipment including Oriental and Western Methods. By booking a course you agree to the following Terms and Conditions and that they set out the basis upon which Total Therapy or one of it’s Franchisees will provide the Course or Equipment to you the Customer.
1. DEFINITIONS AND INTERPRETATIONS
1.1 Completing the Order Form online or ordering otherwise in writing or written confirmation of a verbal order form part of a Contract and are contractually binding on the parties.
1.2 In these Terms and Conditions the following expressions have the following meanings, unless the context requires otherwise:-
“Invoice”
Means any written request for payment to you for the course or equipment provided to you
“Price”
Means our published list of prices as amended from time to time applicable both to our Courses in general available on our web site
“Commencement Date”
Means the date upon which your course commences
“Conditions” & “Terms and Conditions”
Means these terms and conditions as amended by us from time to time in accordance with clause 18.3
“Confidential Information”
Means any information marked confidential or information that the author would not wish to be disclosed to customers, suppliers or to be publicly available
“Contract”
Means the contract between you and us to pay for and receive the Course or Equipment set out in these Conditions (together with such changes as agreed in writing between Total Therapy or one of it’s representatives and the Customer)
“Equipment”
Means any equipment sold or provided to the Customer by any company of the Total Therapy Group
“Customer”
Means the person or persons named on the Order Form or the student to attend or attending the course
“Customer Services”
Means the customer services facility provided by us for you to report any issues with any Service or Product, make general or account enquiries via 0843 515 8610 (or such other number as may be advised to you by us from time to time) or by email. Customer Services help-line facilities are available in respect of course information or accounts queries between the hours of 11am to 9pm Monday to Friday. Calls to Customer Services may be monitored
“Customers Logo”
Means the trading Logo of the Customer
“Postal Address”
Means the Address as detailed on the Order form
“Equipment”
Means any equipment provided to the Customer as part of the course price or purchased separately
“Course”
Means any Course or Course Package as outlined on our website which may or may not be booked by the customer.
“Good Industry Practice”
Means standards, practices, methods and procedures conforming to the Law and the degree of skill and care, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced person or body engaged in a similar type of undertaking under the same or similar circumstances
“Total Therapy Representative”
Means the person or persons using a Total Therapy email address, by telephone or in person and stating that they are acting on behalf of Total Therapy
“Commencement Date”
Means the date when the Course starts
“Order”
Means any request that the Customer makes to Total Therapy for any services or product. Where multiple courses or equipment are taken under one Order these are regarded as separate orders and each will have it’s own terms. If the Customer cancels the course during the before the commencement Total Therapy will continue to invoice the amount as defined on the Order. Any Finance options will become null and void and the full amount of the course will be immediately due
“Course Deposit”
All Deposits invoiced or paid are non-refundable. If the cancellation is received more than 28 days before the commencement of the Course, the deposit may be transferred to another course. All cancellations are to be requested by email to courses@total-therapy.org
“Course Cancellation”
Any course cancelled within 28 days of commencement will still be charged in full and the invoice immediately payable.
“Premises” or “Site”
Means the premises where we provide you with the Course
“Representatives”
Means a person or company acting on behalf of either Total Therapy or the Customer
“Sales Call”
Means the telephone conversation between Total Therapy and the Customer in which the agreement is made by Total Therapy to supply services to be used by the Customer
“Title”
Means the legal ownership
“Terms and Conditions”
The Terms and Conditions of Total Therapy as written on this page and in any other published material
“Verbal Contract”
Means any agreement made on a telephone call between a Total Therapy Representative and another party
“Written Contract”
Means any agreement made by email, text, letter or other messenger service between a Total Therapy Representative and another party
“we”, “us”, “our”, “Total Therapy”
Means Total Therapy Group of Unit 10, Sunderland House, Sunderland Street, Macclesfield, Cheshire.
“Working Day”
Means any day (other than a Saturday or Sunday) but does not include Bank Holidays or other official public holidays.
1. The headings in these Terms and Conditions are for convenience only and will not affect the construction of the Terms and Conditions. References to clauses are to the clauses of the Conditions; references to the Order form and paragraphs are to the Order form for the Services which these Terms and Conditions cover and the paragraphs within the Order form. If there is any conflict between the Conditions and an Order form the Conditions will prevail.
1.1 In these Terms and Conditions-
1.1.1 the use of the singular will be construed to include the plural (and vice versa) and the use of any gender will be construed to include all genders;
1.1.2 references to a person include individuals, incorporated bodies, unincorporated associations and partnerships and the permitted transferees and assignees of such persons;
1.1.3 references to any statute, enactment, order, statutory instrument or statutory provision include such statute, enactment, order, statutory instrument or statutory provision together with all regulations and subordinate legislation made there under, all as from time to time amended, re-enacted, consolidated or replaced;
1.1.4 the expressions “including”, “include”, “includes”, “included” and “in particular” will be construed to mean without limitation and references to loss include destruction.
2. TERM AND RENEWAL
2.1 These Terms and Conditions will come into force immediately upon an order placed on our online website or by other means, including verbal or written contract, and will remain in force indefinitely.
3. TOTAL THERAPY’S OBLIGATIONS
3.1 Without prejudice to any other provision in any agreement Total Therapy shall:-
3.1.1 provide the course or equipment on the order unless the course is for any reason cancelled, whereupon a Total Therapy will attempt to contact the customer in writing or verbally and inform them.
3.1.2 Total Therapy representatives will be responsible for the safety of the environment that the course is run in, however they are not responsible for negligence of the customer or other students attending which may cause harm, loss or damage;
3.1.4 ensure that each of its Representatives who visits a Customer Site complies with all rules, instructions, codes of conduct and security codes in force from time to time at such Site as notified to Total Therapy’s Representative by the Customer and with all reasonable requests and requirements in respect of Site rules, instructions, codes of conduct and security codes communicated by or on behalf of the Customer to Total Therapy in writing;
3.2 Courses will be provided under proper supervision where necessary, with reasonable skill and care, in a professional manner by suitably trained, skilled, experienced professionals;
3.3 The Customer acknowledges that the Courses in general will not be error free, and agrees that the existence of such errors shall not constitute a breach of any Contract.
3.5 Where there is an error in course notes, no compensation for loss of business profits or revenues will be paid by Total Therapy or any of it’s representatives.
3.6 Title to the Customer Purchased Equipment shall not pass to the Customer until:
3.6.1 Total Therapy has received payment in full (in cash or cleared funds) by the company or another company or individual that has purchased the goods or debt
4. CUSTOMER’S OBLIGATIONS
4.1 The Customer shall provide there own transport and accommodation if needed to attend the course on time on each day the course runs.
4.2 The Customer shall provide Total Therapy with any proof of prerequisites before the commencement of the course.
4.3 If the Customer does not purchase equipment for the course they are responsible for bringing their own appropriate equipment to the course.
4.4 The Customer shall be insured as a student to practice the therapy that they are practicing on the course for the duration of the course and while performing any case studies prior to Diploma qualification in the subject.
4.5 The Customer shall prevent its Representatives from using any Services, forums or other communication methods to send, receive, upload, download, use or reuse any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing or in a breach of any legally enforceable right of confidence, copyright, privacy or any other similar right;
4.5.1 to put Total Therapy in breach of the terms of any agreement Total Therapy has with any any of its suppliers or accreditation bodies; or
4.5.2 in any way which could render Total Therapy subject to any criminal prosecution, enforcement action, civil claim or other action or liability.
4.6 The Customer shall comply with Total Therapy’s reasonable instructions as to the Health and Safety in the course premises. The Customer will pay for any repair or replacement needed if Total Therapy Equipment is damaged by any means.
4.7 The Customer shall take all reasonable steps to ensure that account passwords are kept confidential and secure, are used properly and are not disclosed to un-authorised persons. The Customer shall accept responsibility for any orders for courses or equipment using their account incurred by from fraudulent activity on the online ordering system or by email or other means, or otherwise incurred as a consequence of any failure on the part of the Customer to comply with the terms of this clause.
4.8 The Customer agrees that it shall inform Total Therapy in writing of any address changes, email address changes or change of telephone number(s) which is registered on their account as soon as possible. Any losses incurred by the customer due to failure of this and claimed from Total Therapy will not be accepted by Total Therapy or any of it’s representatives
5. ADDITIONAL ITEMS
5.1 The Customer may request additional equipment for their course by email to courses@total-therapy.org 28 days or more before the commencement of the course
5.2 If the customer requires extra equipment for their course 28 days or less before commencement, the request must also be confirmed by telephone. Total Therapy is not obligated to provide this equipment in time for the course
6. THIRD PARTY RIGHTS
6.1 A person who is not a party to these Terms and Conditions has no right under the Terms (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions, but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
7. PAYMENT OF THE INVOICE(S)
7.1 The Customer shall pay the Charges as set out in the Invoice or invoices sent to them or as advised by Total Therapy from time to time.
7.2 Total Therapy will invoice the Customer for any orders either through the website or otherwise written or verbal, or for required examinations on the basis of and in accordance with this clause 7
7.3 The Customer shall also be responsible for, and pay any Value Added Tax or any other applicable sales tax or like charge in a country where the Services are provided
7.4 Subject to clause 7.5 below, the Customer shall pay the invoices submitted by Total Therapy in accordance with these Terms and Conditions within 7 days of receipt or by the course commencement date, whichever is sooner. If payment of any undisputed invoice is not made by the due date, we reserve the right to charge you an administration fee of £25.00 (before VAT). Total Therapy shall be entitled to charge interest on such overdue invoice at 8% per annum over Royal Bank of Scotland’s base lending rate each month, applicable pro-rata to the number of days elapsed between the due payment date and the actual payment date
7.5 If the Customer disputes any invoice from Total Therapy relating to the Services, the parties shall work together in good faith to ensure that items under query or in dispute by the Customer are dealt with promptly. The Customer shall only withhold payment of the specific items agreed with Total Therapy as being under query or under dispute. If the parties are unable to resolve the dispute as above, then the parties shall attempt to resolve the dispute in accordance with the provisions of Clause 13.
7.6 The Customer may not exercise any right of set off, abatement, counterclaim, retention, deduction or any other withholding against amounts invoiced to it by Total Therapy
7.7 Subject to Clause 7.5 if the Customer fails to pay the invoice submitted by Total Therapy in accordance with 7.4 then Total Therapy shall at its sole discretion shall refuse any more orders from the Customer. Such refusal of Service(s) shall be without any compensation or penalty
7.8 If a Customers order is refused in accordance with Clause 7.7, but payment is made by the Customer for the balance of the account, the order may then be reinstated at both parties agreement
7.9 The Customer must dispute any invoice within 7 days of the invoice date
8. LICENCE GRANT AND INTELLECTUAL PROPERTY INDEMNITY
8.1 Subject to clause;
8.2 Total Therapy grants the Customer a non-exclusive, non-transferable licence to use any Total Therapy Course notes or other information given to the customer during the course for the purposes described on the course indefinitely as long as the conditions laid out in Clause 8 as adhered to.
8.3 The Customer will not without Total Therapy’s prior written consent;
(a) distribute or sell copies of the the information or printed materials gained on any Total Therapy course or documentation created from this to third parties; or
(b) sub-licence or otherwise teach to third parties the information or printed materials gained on any Total Therapy course; or
(c) copy nor decompile or modify the course material, or copy manuals or documentation licensed to it by or on behalf of Total Therapy. In the case of course notes or other provided documentation such written consent will not be unreasonably withheld or delayed if this is to be given to another person attending the same course on the same dates.
8.4 The Customer agrees to recompense Total Therapy in the event of all claims, proceedings, costs and expenses of any nature arising from infringement (or alleged infringement) of any Intellectual Property Rights by reason of the Customer’s use of the documentation or other notes in the event of a breach of Clause 8.
In this instance Total Therapy has the right to;
8.5.1 notify the Customer forthwith in writing of any allegation of infringement
8.5.2 invoice the customer for a Franchise licence agreement, plus the full cost of the training the Customer as a Franchisee plus the commission amount that the infringement would have incurred plus any administration, transport or other expenses that Total Therapy incurs in any investigation process.
8.5.3 The Customer shall pay any charges as outlined in clause 8.5.2. within 30 days.
9. CONFIDENTIALITY AND PUBLICITY
9.1 Each party will keep strictly confidential all Confidential Information belonging to the other and/or the other’s Representatives which is received or obtained during course attendance and, except with the prior written consent of the other (or of the relevant Representative of the other) or to the extent that disclosure is required by law, will not disclose such Confidential Information to any third party or copy or use it for any purpose other than for the proper performance of treatments or confidential and secure storage.
9.2 Total Therapy will store the Customers necessary details in a secure manner in order to contact the Customer or, in the case of treatments done under our supervision, for the period required by law and insurance company. Each party will protect the Confidential Information of the other and of the other’s Representatives as if it were its own Confidential Information and will not copy, summarise, modify or disclose it except to the minimum extent necessary to perform its obligations or exercise its rights under these Terms and Conditions. Each party will ensure that all persons to whom it discloses Confidential Information of the other or the other’s Representatives are bound by obligations of confidentiality and non-disclosure at least equivalent to those in these Terms and as stated under the Data Protection Act.
9.3 The duties imposed on the parties by clauses 9.1 and 9.2 above do not extend to information or data which at the time of its disclosure or use by the receiving party:-
9.3.1 is generally available and known to the public other than by reason of the receiving party’s breach of this clause 9;
9.3.2 the receiving party can demonstrate had previously come lawfully into the receiving party’s possession from a third party under no restriction as to its use or disclosure; or
9.3.3 the receiving party can demonstrate that it developed independently without reliance on Confidential Information received from the other party
9.4 Each party agrees and acknowledges that damages alone may not be an adequate remedy for breach of this clause 9. and that each party and their Representatives may be entitled to seek injunctive or other equitable relief to remedy or prevent any breach or threatened breach of this clause 9.
9.5 Total Therapy may use the Customers Business Name and/or Logo on sales and promotional material without notification to the Customer. However neither party will use the other’s personal name nor issue any statement, press release, other advertising or other publicly disseminated material in connection with this Contract without the other’s express prior written consent (not to be unreasonably withheld)
9.6 Total Therapy may use photographs taken in class of the Customer in their marketing material
9.6.1 If the Customer wishes to withdraw this right, notice must be made in writing by email to enquiries@total-therapy.org however Total Therapy is not required to ensure the removal of all photographs from advertising material created before the date of the notification.
10. LIABILITY
10.1 Neither party limits its liability for death or personal injury arising from its negligence (or its officers, agents, representatives or employees) or any other matter in respect of which liability cannot be limited by law and clause 10.2 below will not apply to such liability.
10.2 Nothing in this clause 10 will exclude, restrict or limit either party’s liability for fraud or fraudulent misrepresentation committed by that party (or its officers, agents, representatives or employees).
10.3 Subject to clauses 10.1 and 10.2, Total Therapy will not accept any liability under these Terms and Conditions or for any cause of action related to any actions of it’s Customers whether directly related to the course information or notes.
10.4 Total Therapy shall not be liable to the Customer, whether in contract, tort (including negligence) or otherwise, for:
10.4.1 loss of profits;
10.4.2 business interruption; or
10.4.3 loss of anticipated savings; or
10.4.4 for any special, indirect or consequential loss or damages; or
10.4.5 for any loss, corruption or destruction of property whether accidental or through negligence; or
10.4.6 loss of business opportunity.
11. CANCELLATION
11.1 Total Therapy may cancel any course by:
11.1.1 giving not less than 2 days written notice to the Customer
11.1.2 if Total Therapy cancels the course the whole paid amount is transferable to another course, the deposit element of the invoice is non refundable but the balance can be refunded on request in writing to courses@total-therapy.org
11.2 The Customer may cancel any course by giving 28 days written notice prior to commencement of the course.
11.2.1 If the Customer cancels the course giving 28 days notice or more, the deposit may be transferred to another course and the balance may be transferred or refunded.
11.2.2 If the Customer cancels the course giving less than 28 days notice the whole amount of the course becomes due even if the course is not attended by the customer or it’s representative
11.2.3 If the Customer cancels the course and wishes to transfer the balance of their account to another course, an email should be sent to courses@total-therapy.org detailing the details of the request.
12. INSURANCE
12.1 The Customer warrants that it is responsible for ensuring that that they can get insurance for practicing any therapy as taught on any provided courses
13. DISPUTE RESOLUTION
13.1 If any dispute arises between the parties, the parties shall use their reasonable endeavours to settle such dispute in accordance with the following procedures:
13.1.1 any dispute which has not been settled by the Customer’s Representative and the Total Therapy Representative within 10 working days of the matter being raised, may be escalated by either party;
13.1.2 If neither party wished to escalate the dispute after 10 working days, the dispute shall be considered null and void.
13.1.3 If the dispute is not resolved the Customer should put their dispute in writing to the address at the top of these Terms and Conditions within 30 days of the initial complaint;
13.1.4 Total Therapy and any involved representatives should put their information regarding the dispute into writing and send this with the Customers written dispute to an appropriate third party for judgement.
13.1.3 One the judgement of the third party had been made, if both parties fail to reach agreement the dispute resolution procedure under this clause 13 shall be deemed exhausted.
13.2 Neither of the parties shall commence or pursue legal proceedings against the other until the dispute resolution procedure under this clause 13 is deemed exhausted save that nothing in this clause 13.2 shall prevent either party applying for injunctive relief.
14. WAIVER AND CUMULATIVE NATURE OF REMEDIES
14.1 The failure or delay of either party in any one or more instances to insist on strict performance of one or more of these Terms and Conditions or to exercise any right or remedy under law will not be construed as a waiver of that or of any subsequent breach of the same term, any breach of any other term nor of the right to enforce another such right or remedy or the same right or remedy arising on another occasion.
14.2 Unless there is express provision to the contrary in these Terms and Conditions, no remedy conferred is intended to be exclusive of any other remedy available under law. Each and every remedy is cumulative and is in addition to each and every other remedy available at law (whether in equity, by statute, at common law or otherwise).
20. LAW AND JURISDICTION
These Terms and Conditions and all matters arising from it are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England.