Terms of Use | Online Mental Health Treatment | COACHD CLINIC

Website Terms & Conditions of Use

Last updated: January 31st, 2023

Introduction

Welcome to the COACHD.clinic website (the ‘website’)

USERS SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE CONSULTING OR USING THIS WEBSITE.

The use of this Website is governed by the following terms and conditions of use (hereinafter the ‘Terms and Conditions of Use’). By entering this Website, you unconditionally agree to comply with and be bound by the following Terms and Conditions of Use, and the relevant general terms and conditions of sale when you make an online purchase on this Website. If you do not accept all the Terms and Conditions of Use, please exit this Website immediately.

This Website is operated by COACHD Clinic (hereinafter ‘COACHD’ and collectively with its subsidiaries ‘The Brand Business Group Ltd’, a British corporation having its registered place of business at Brook House, Church Lane, Garforth, England, LS25 1HB. Company registration no. GB 09416288. The products and services offered on the Website are sold directly by COACHD. COACHD reserves the right to amend the Terms and Conditions of Use of the Website at its sole discretion, at any time and without notice. The use of the Website after such amendments implies full acceptance of the Terms and Conditions of Use in their amended version.

1. Intellectual property rights

This Website as a whole and all material on this Website, together with the ‘COACHD’ trademark, are owned by The Brand Business Group Ltd. All trademarks and logos, whether they are registered or displayed on the Website or not, including but not limited to the ‘COACHD’ trademark and all the other related distinctive marks reproduced on the Website are and will remain the exclusive property of The Brand Business Group Ltd. Such trademarks and signs may not be used in connection with any product or service that does not originate with The Brand Business Group Ltd, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits the ‘COACHD’ name and trademark and products and services bearing the ‘COACHD’ name and trademark. You acknowledge and agree that this Website and all the content included therein, including, but not limited to, all texts, information, data, images, icons, photographs, illustrations, multimedia content (graphic, audio and video), charts, indices, descriptions, data, software, programming code and screens contained therein and the like (hereinafter collectively ‘Content’), is owned by or licensed to COACHD and The Brand Business Group Ltd and is subject to protection by international intellectual property laws, including, but not limited to, rights of the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world. All materials contained in this Website, except for the ‘e-store’ section, are displayed for information or promotional purposes only. Use of the Website is permitted for your own personal use and not for commercial reasons. Subject to these Terms and Conditions of Use, and except as otherwise indicated on the Website, you may access, download, copy and store, any Content to which you have obtained legitimate, authorized access, solely for your personal use and not for business purposes or distribution. You may not otherwise download, copy, store, manipulate, reformat, print, display, publish, transmit, distribute, create a derivative work from, resell or make any other use of, the Website or any Content contained therein.

No right, title and/or interest deriving from or pertaining to the Content, material or software of the Website may be deemed assigned to or acquired by you as a result of your use of the Website. You agree to accept and abide by all copyright or trademark notices and other notices contained on the Website and in the Content. All rights are reserved in all countries worldwide.

2. Disclaimer

You must not rely on COACHD or any information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about any medical matter or if you think you may be suffering from any medical condition, you should consult your doctor or other professional healthcare provider. You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website. Results cannot be guaranteed, moreover, results from individual testimonials are for reference only and your own personal experience may differ to those shown on this site. The information and resources found on this website are provided for informational purposes only and are not intended as medical advice, nor should the information and resources be used to diagnose, cure or prevent any illness or medical condition.

This Website and its Content are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied. No written information given through this Website or in relation to its Content shall create any representation or warranty, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms, or Trojan horses) or implied warranties of merchantability or fitness for a particular purpose. COACHD expressly disclaims any representations and warranties.

In no event shall COACHD or any other The Brand Business Group Ltd company be liable (on whatever basis, either contractual and non-contractual) for any direct, indirect, incidental, ancillary, financial or non-financial damage whatsoever (including, but not limited to, damages for loss of profit or revenue, data, or programming, even if COACHD has been advised of the possibility of such damages) arising out of:

(a) your use of the Website, including, but not limited to, any loss or damage caused by any delays, inaccuracies, errors, or omissions in any information accessed on or through the Website,

(b) any transaction concluded through or from the Website,

(c) your inability to use the Website for whatever reason, including, but not limited to, communications failure or any other failure with transmission or delivery of any information accessed on or through the Website,

(d) the deletion, correction, damage, loss, or failure to store any information concerning or transmitted on the Website,

(e) the use of any products or services obtained on or through the Website,

(f) unauthorized access to the Website and unauthorized alteration to transmissions or data,

(g) statements or conduct of any third party on the Website or

(h) any other matter relating to the Website.

Therefore, by using this Website, you undertake to bear all risks connected with such use, holding COACHD or any other The Brand Business Group Ltd company harmless from any damage derived or caused by using this Website or connected with its use.

COACHD will make any effort to ensure the accuracy and timeliness of the information included on this Website but cannot absolutely guarantee that the information is complete, accurate and constantly up to date and that the Website does not contain any imperfections or that such imperfections will be corrected.

If applicable laws do not allow the disclaimer of liability or exclusion of the above-mentioned implied warranties, said exclusions and disclaimers may not apply to you, either wholly or partially.

Any reference to any product or service which has been or may be provided by COACHD or any other company authorised by COACHD for this purpose does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice. The material on this Website may contain inaccuracies or typographical errors. COACHD is not liable or responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user’s reliance on information obtained from or through this Website. You are responsible for evaluating the information and other content available through this Website.

However, COACHD reserves the right to modify or discontinue the Website (or any part thereof) at any time, temporarily or permanently, with or without notice. You agree that COACHD shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.

3. Submissions

You agree that all proposals, designs, concepts, photographs, testimonials, and other items or material (except for your personal information) disclosed or submitted to COACHD through this Website or by other means (hereinafter ‘Submissions’) are neither confidential nor proprietary to you. All submissions become COACHD property upon submission to COACHD. By making a Submission to COACHD, you assign to COACHD all rights, titles, and interests, including copyrights, in the Submission. COACHD has and will have no obligation: (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; (iii) to respond to or acknowledge any Submission. You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary rights. By making a Submission, you agree that COACHD has the right, but not the obligation, to copy, publish, distribute, or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.

4. Cookies

Cookies are used on the Website to ensure that it functions efficiently and improves our service, including by sending online advertising messages in accordance with user preferences. Cookies are small text files sent to the user’s computer (usually to the user’s browser) by visited websites. They are stored in the user’s computer to be then re-transmitted to the websites on the user’s subsequent visits to those websites.

Most browsers are initially set to accept cookies. You can at any time reset your browser to reject all cookies or to notify you when a new cookie is being sent. However, rejecting cookies may prevent you from using certain functions of the Website.

To find out which cookies are used on the Website, how to disable them and/or withhold consent, or for any further information, see the Cookies section of our Privacy Policy.

5. Privacy

COACHD understands the importance of maintaining the confidentiality, integrity, and security of its users’ non-public, personally identifiable information (collectively “Personal Data”). In general, you can access and browse the Website without providing Personal Data. However, there may be times when you may be requested to provide some Personal Data knowingly and willingly, so that you may participate in the Website’s products, services, activities, or features. To use these Website sections or functions, you undertake to read the relevant privacy policy expressing, when requested, your consent to processing your personal data and you agree to provide true, accurate, current, and complete information.

Personal Data is processed by the Data Controller – mainly using electronic tools – as identified in the relevant privacy policy. Whenever necessary and/or instrumental to the purposes for which Personal Data have been collected, your personal data may be processed by other entities appointed by the Data Controller for this purpose and belonging to the following categories:

(a) Other The Brand Business Group companies.

(b) Companies, consultants, and professionals aiding and/or consulting, or performing related services that are instrumental to data processing (e.g., service providers, freight forwarders, IT maintenance technicians, etc.).

Your personal data shall not under any circumstances be disseminated to unknown persons.

You may at any moment exercise your rights pursuant to applicable laws on personal data protection including the right to obtain confirmation about the existence of your personal data at the Data Controller, to know their source and to obtain their integration, updating, rectification, cancellation, anonymization, blocking for law infringement or to object to their processing on legitimate grounds, as well as revoke your consent to processing by emailing: privacy@coachd.clinic

6. Links to other Websites

The Website may contain links to websites other than its own. These websites may contain and be governed by their own terms and conditions of use or no terms and conditions at all. COACHD has no responsibility for those websites and provides these links solely for the convenience of its users. Such links may be to advertisers, content providers or other companies that may use our logo and/or style because of a co-branding agreement. Such websites may send their own cookies to you and may collect information and use the same in a way that is inconsistent with these Terms and Conditions of Use. Furthermore, COACHD cannot control these websites and external sources. Hence, COACHD cannot be held responsible for those websites or external sources and declines any responsibility for the content, advertising, products, services, and any other material available on or branching off those websites and external sources. In addition, COACHD cannot be held responsible for any damage or losses, true or alleged, deriving from the use or from having trusted the content, or goods and services available on those websites or external sources.

7. Security

The transmission of data over the Internet cannot ever be guaranteed to be completely secure. It is possible that third parties beyond the control of COACHD may be able to access or intercept transmissions or private communications without COACHD permission or knowledge. COACHD makes every possible effort to protect your personal information. However, we cannot ensure or warrant the security of any information you transmit to us. Data is transmitted at your own risk and COACHD cannot be held liable for any breach of security which is not directly attributable to negligence on the part of COACHD.

8. Acceptance of terms and conditions of use

By accessing this Website, you represent and warrant that (a) you accept these Terms and Conditions of Use; (b) your use of the Website will comply with these Terms and Conditions of Use.

You agree to indemnify and hold COACHD harmless from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs, and expenses (including, but not limited to, attorneys’ fees and expenses), relating to or arising out of any breach of these Terms and Conditions of Use or any use of the Website by you.

9. Applicable Law and Jurisdiction

You agree that by accessing this Website you accept English jurisdiction. These Terms and Conditions of Use shall be governed by and construed in accordance with English law and any action arising out of or relating to these Terms and Conditions of Use shall be subject to the exclusive jurisdiction of the Courts of England. It is also understood that, with respect to the correct interpretation of these Terms and Conditions of Use, in the event of any discrepancy between the original English language text and any translation into another language, the English original text shall be deemed the binding version.

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