Brain Boost Limited - Terms and Conditions for the supply of Remote Services
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply the brain training remote services as more particularly described in clause 4 (the “Services”) to you.
1.2 Why you should read them. Please read these terms carefully before you submit your booking to us. These terms tell you who we are, how we will provide the Services to you, how you and we may change or end the agreement, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Brain Boost Limited, a company registered in England and Wales. Our company registration number is 08995926 and our registered office is located at 1386 London Road, Leigh On Sea, Essex, SS9 2UJ. Our registered VAT number is 244 4975 81.
2.2 How to contact us. You can contact us by telephoning our customer service team at 02071 934373 or by writing to us at info(at)brainworksnt dot com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your booking. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR AGREEMENT WITH YOU
3.1 How we will accept your booking. Once we have assessed your requirements we will write to you confirming the details of your booking (the "booking confirmation letter").
3.2 Our acceptance of your booking will take place on the earlier of us (i) confirming in writing that we have received your 25% deposit in cleared funds; or (ii) our beginning to provide you with the Services, at which point an agreement will come into existence between you and us. The agreement will comprise of these terms and conditions together with the terms set out in the booking confirmation letter.
3.3 If we cannot accept your booking. If we are unable to accept your booking we will inform you of this. In such circumstances we will not charge you for the Services and will return any deposit monies received. Reasons why we may be unable to accept your booking include, without limitation, because we have identified an error in the price or description of the Services or because we are unable to provide you with the Services when required.
4. OUR SERVICES
4.1 Brain Training Remote Services. Our brain training remote services comprise of providing the brain training services specified below by way of sessions with one of our online neurofeedback therapists (the “sessions”). Our brain training services comprise of providing one or more of the following services, as more particularly specified in your booking confirmation letter:
4.1.1 EEG (electroencephalography) and biofeedback;
4.1.2 Neurofield pEMF (pulsed electromagnetic field) brainwave response system; and
4.1.3 iLS Integrated listening systems,
(together or individually the "Services").
4.2 Sessions: The agreement will set out the number of sessions you have booked with us during which we will provide the Services and we will contact you to arrange the specific dates and times for your sessions. All sessions must be taken within the time period specified in your booking. Please note that the therapist who provides your sessions will not necessarily be the same therapist each time.
4.3 Results. It is a term of this agreement that we do not treat, diagnose or cure any medical or psychological conditions. Every brain is different, and as such every person reacts differently to brain training. Though our track record is excellent, we cannot and do not guarantee any results from the Services we provide.
4.4 Acknowledgement. In entering into the agreement you acknowledge that you have voluntarily chosen to receive the Services provided by us and have read the information sheet attached to these Terms and Conditions at Appendix 1.
4.5 No representation or warranty. We make no representation or warranty in respect of the results which you may or may not receive as a result of being provided with the Services.
5.1 The brain training equipment we supply to you as part of the Services comprises of a laptop, qEEG caps, cables and electrogel and a syringe (the "Equipment").
5.2 The Equipment is your responsibility from the time it is delivered to you until the time it is handed back to our courier. Please note that the laptop may only be used by you during your session time for the specified purpose of received the Services. The laptop data, software and configuration must not be altered in any way.
5.3 At the end of our supply of Services to you we will arrange for our courier to collect the Equipment from your home address within a pre agreed 4 hour time window. Alternatively you will have the option of dropping the Equipment off at a local courier drop off point.
5.4 Damaged or lost Equipment will be charged for at its full repair or replacement cost (as applicable).
5.5 A cleaning fee of £25.00 per cap will be charged for unwashed caps.
6. YOUR RIGHTS TO MAKE CHANGES
6.1 If you wish to make a change to the Services set out in your agreement, please contact us. We will let you know if the change is possible and how such change will affect the Fees payable, the dates of any sessions already confirmed to you and of anything else in your existing agreement. We will then ask you to confirm whether you wish to go ahead with the change.
6.2 Please note that it is not possible to reduce the number of your booked sessions to less than 5 sessions per week or to less than such other minimum number of sessions as set out in the agreement. Please see our rights in relation to clause 10.1 where you request to do so.
7. OUR RIGHTS TO MAKE CHANGES
7.1 Minor changes to the Services. We may change the Services:
7.1.1 to reflect changes in relevant laws and regulatory requirements;
7.1.2 to implement minor technical adjustments and improvements. These changes will not affect delivery of the Services; and
7.1.3 to ensure you are receiving the most appropriate Services as your treatment progresses.
7.2 More significant changes to the Services and these terms. In the event that we are required to make more significant changes to the Services, before we do so, we will notify you and you may then contact us to end the agreement and receive a full refund of any Services which you have paid for in advance but not yet received.
8. PROVIDING THE SERVICES
8.1 Delivery of the Equipment. The costs of delivery of the Equipment to you, where your delivery address is within mainland England are included in the Fees (as defined in clause 12.1). For deliveries of Equipment outside mainland England a supplementary delivery charge will be payable, as set out in the booking confirmation letter.
8.2 When we will provide the Services. During the booking process we will let you know the dates on which we will provide the Services to you. Where the Services are ongoing services, we will also tell you during the booking process when and how you can end the agreement.
8.3 We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the agreement and receive a refund for any Services you have paid for but not received. For the avoidance of doubt, we will not be liable to you in the event that you do not have a working internet connection at the time of any of your sessions. Please see clause 8.5 below.
8.4 If we are unable to deliver the Equipment to you. The Equipment will be delivered to you by courier. If, despite our reasonable efforts, you do not accept delivery of the Equipment on the agreed delivery date we may end the agreement and clause 10 will apply.
8.5 If you do not have a working internet connection. In order to receive the Services you will require a working internet connection at the time of, and for the duration of your sessions which has a net speed of a minimum of 200kbps. If you do not have a working internet connection or the minimum net speed during these periods then we will be unable to provide you with the Services. Whilst we will do our utmost to rearrange a session where your internet connection fails due to a technical problem, we are under no obligation to do so and you may still be charged for the session if we are unable to rearrange the session.
8.6 Your legal rights if we deliver a session late. You have legal rights if we fail to provide the Services within 10 minutes of the sessions start time. This legal right will not apply where you are late for a session start time. If you are more than 10 minutes late for a session we will cease to provide the Services for that session and you will still be charged. Where you are late of a session, the Services will only be provided for the duration of your booked session.
8.7 If we miss your session you will have the option to rearrange the session in accordance with clause 8.9 or you may treat the agreement as at an end straight away. If you choose to treat the agreement as at an end then we will reimburse you the full cost of the missed session together with any other sessions you have booked and paid for in advance which have not yet been delivered.
8.8 Setting a new date and time for a session. If you do not wish to treat the agreement as at an end in accordance with clause 8.7, you can arrange with us a new time and date for the missed session, which must be reasonable, and where you have chosen this option, you will then only be able to treat the agreement as at an end if we do not attend the rearranged session.
8.9 What will happen if you do not give required information to us. We may need certain information from you during the term of the agreement so that we can supply you with the Services. We will request this from you as required. If you do not give us this information within a reasonable time of us asking for it, we may either end the agreement (see clause 10.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.10 Reasons we may suspend the supply of Services to you. We may have to suspend the supply of Services:
8.10.1 to deal with technical problems or to make minor technical changes;
8.10.2 where a therapist allocated to your session is no longer able to attend the session and we are unable to provide a replacement;
8.10.3 to update the Services to reflect changes in relevant laws and regulatory requirements; and
8.10.4 to make changes to the Services as requested by you or notified by us to you (see clause 7).
8.11 Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending any supply of the Services, unless the problem is urgent or an emergency. You may contact us to end the agreement for Services if we suspend the Services, or tell you we are going to suspend the Services, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the Services in respect of the period after you end the agreement.
9. YOUR RIGHTS TO END THE AGREEMENT
9.1 Without prejudice to your statutory rights or any other term of this agreement, you may contact us at any time to end the agreement up to and including the date of your fifth session. After the fifth session the provisions of clause 9.8 will apply.
9.2 We require 24 hours’ notice to change a session time. Where you wish to rearrange a session time, we require not less than 24 hours’ notice (excluding weekends and bank holidays). Please note that in providing 24 hours’ notice, this must be 24 hours’ notice on a working day, i.e. Monday to Friday and excluding bank holidays. For example, to cancel a session at 10am on a Monday, notice must be given no later than 10am on the immediately preceding Friday. Where 24 hours’ notice is not provided to change a session time then you will still be charged for the session. Where the session has been paid for in advance, that session will be lost.
9.3 Deposits. Deposits are refundable during the 14 day statutory cooling off period.
9.4 Discounted Block Sessions. If a discounted block of sessions are cancelled midway through then the Services already supplied in the sessions already taken will be charged pro rata to the total Fees paid and the balance will be repaid to you.
9.5 What happens if you have a good reason for ending the agreement. If you are ending an agreement for a reason set out at clause 9.5.1 to 9.5.5 below the agreement will end immediately and we will refund you in full for any Services which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:
9.5.1 we have told you about an upcoming change to the Services or these terms which you do not agree to (see clause 7.2);
9.5.2 we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
9.5.3 there is a risk that supply of the Services may be significantly delayed because of events outside our control;
9.5.4 we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
9.5.5 you have a legal right to end the agreement because of something we have done wrong (but see clause 8.6 and 8,7 in relation to your rights to on end the agreement if we deliver late).
9.6 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Services bought over the telephone or by exchange of emails you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.7 How long do I have to change my mind? Where the Services are bought over the telephone or by exchange of e-mails, you have 14 days after the day we email you to confirm we accept your booking as set out in clause 3.2 to change your mind. However, once we have completed the supply of any of the Services you cannot change your mind for those completed Services, even if the 14 day period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind. Please also see your rights to cancel up to and including the date of your fifth session as set out in clause 9.1.
9.8 What happens if you end the agreement without a good reason after the date of your fifth session. If you seek to end the agreement after the fifth session, we will refund any sums paid by you for Services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) a reasonable sum as compensation for the net costs we will incur as a result of your ending the agreement.
9.9 Returning the Equipment after ending the agreement. If you end the agreement after the Equipment has been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us.
10. OUR RIGHTS TO END THE AGREEMENT
10.1 We may end the agreement if you break it. We may end the agreement for the supply of Services at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services;
10.1.3 you do not, within a reasonable time, and prior to your first booked session, allow us to deliver the Equipment to you; or
10.1.4 you fail to attend more than three booked sessions;
10.1.5 you wish to amend your agreement to be supplied with less than 5 or such other minimum number of sessions a week, as set out in your agreement;
10.1.6 you tell us you do not have an internet connection or working internet connection with the required band width speed.
10.2 We may withdraw the Services. We may write to you to let you know that we are going to stop providing the Services. We will let you know at least 24 hours in advance of our stopping the supply of the Services and will refund any sums you have paid in advance for Services which will not be provided.
11. IF THERE IS A PROBLEM WITH THE SERVICES
11.1 How to tell us about problems. If you have any questions or complaints about the Services, please contact us. You can telephone our customer service team at 02071 934373 or write to us at email@example.com.
11.2 Summary of your legal rights. We are under a legal duty to supply Services that are in conformity with this agreement. Please see the box below for a summary of your key legal rights in relation to the Services. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If we are supplying you services, the Consumer Rights Act 2015 says:
you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
if you haven't agreed a time beforehand, it must be carried out within a reasonable time.
12. PRICE AND PAYMENT
12.1 Where to find the price for the Services. The price of the Services (which includes VAT) will be the price set out in our price list in force at the date of your booking, a copy of which is contained on our website www.brainworksneurotherapy.com/fees unless we have agreed another price in writing in your booking confirmation letter (the “Fees”). We take all reasonable care to ensure that the Fees, for our provision of Services to you, is correctly advised to you. However please see clause 12.3 for what happens if we discover an error in the price of the Services you booking.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your booking date and the date we supply the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your booking so that, where the Services correct price at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the Services correct price at your booking date is higher than the price stated in our price list, we will contact you for your instructions before we accept your booking. If we accept and process your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the agreement and refund you any sums you have paid.
12.4 When you must pay and how you must pay. We accept payment by bank transfer or with any of the following payment cards: Visa, Mastercard, JCB, Diners:
12.4.1 A deposit of 25% of the Fees for your agreement is required to secure your booking;
12.4.2 The balance of the Fees is payable on the date set out in your booking confirmation letter which, for the avoidance of doubt will be, unless otherwise agreed in writing, not less than 7 days before the date we notify you that we are sending you the Equipment; and
12.4.3 All Fees are payable in cleared funds in pounds sterling.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the agreement was made, both we and you knew it might happen, for example, if you discussed it with us during the booking process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services as summarised at clause 11.2.
13.3 We are not liable for business losses. We only supply the Services for personal and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information. We will use the personal information you provide to us:
14.1.1 to supply the Services to you;
14.1.2 to process your payment for the Services; and
14.1.3 if you agreed to this during the booking process, to inform you about similar products and services that we provide, but you may stop receiving these at any time by contacting us.
14.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the agreement.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this agreement. This agreement is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this agreement illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
15.6 Which laws apply to this agreement and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Here are a few words and guidelines to let you know what to expect, and to help you obtain the best results in optimising your brain.
Your Assessment and Sessions
Assessments provide time for us to meet, answer any remaining questions, and a chance for you to become familiar with our equipment, namely the Neurofeedback equipment. Please come with clean dry hair and a minimum (or none) of hair product before arriving, as clean hair and scalp make for the best contact for our sensors. The assessment process takes about 90 minutes to complete, and gives us a map of areas of activity so we can plan the training required to train according to your goals.
Accuracy and completeness of the information given when you complete your intake questionnaire and at your initial assessment is crucial as it contributes significantly to the development and effectiveness of your treatment plan and the brain training services we will supply you thereafter.
Medication, Alcohol and Recreational Drugs
It is important to inform us of any prescription drugs you are using prior to your arrival for your assessment or your first remote session, and the purpose of each as they may affect the process and our supply of the brain training services to you. Please refrain from using alcohol or other recreational drugs for 24 hours before and after training a session, as neural-nets do not have the same opportunity to extend themselves. All decisions regarding medications must be handled by your physician and/or psychiatrist. You should continue to liaise with your other healthcare providers and therapist involved in your care before altering any medication or treatment regimes or ceasing to take any medication.
We monitor our supply of brain training services to you on a session by session basis. Please inform us immediately of any major changes in your medication or treatment regimes.
Training the brain takes a lot of energy, so be sure to eat and hydrate well both before and after your session. We recommend eating a protein meal or snack an hour before sessions and a glass of water per hour for 3 hours subsequent to training. Supplementing with Omega 3 from fish or krill oils may also be beneficial.
Occasionally you may temporarily experience some of the following; fatigue and sleepiness; stimulation and insomnia; a little more emotional than usual; some detoxification symptoms. These side-effects, if seen, are for short periods of time, and on rare occasions some symptoms may worsen before getting better. Be reassured that this is part of the process and transient.
Please do let us know if you experience any of these so we can adjust your future brain training sessions appropriately.
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the agreement)
To: Brain Boost Limited, firstname.lastname@example.org
I hereby give notice that I cancel my contract of sale of the supply of the following Service(s):
[Ordered on [*]/received on [*]: ………………………………….
Name of consumer: ………………………………….
Address of consumer: ………………………………….
Signature of consumer (only if this form is notified on paper): ………………………………….
[*] Delete as appropriate
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