Professional Hypnotherapy Network
Application of Terms and Conditions
- These terms and conditions apply to all persons who have created a membership account on the website www.professionalhypnotherapynetwork.org (“the site”) as operated by the Professional Hypnotherapy Network (“PHN”) registered at 20-22 Wenlock Road, London, N1 7GU. By creating a user account, seeking or obtaining membership of the PHN, advertising your services, submitting articles for publication, or communicating with members, users, or the general public on our forums, you agree to the following terms and conditions.
- These terms and conditions should be read in conjunction with our Privacy and Data Protection Policy, Website Acceptable Use Policy, and Requirement to Evidence Public Indemnity Insurance and CPD Compliance Policy.
- All information, content, articles, or posts submitted by you to the site are subject at all times to these Terms and Conditions as well as the Website Acceptable Use Policy.
User Accounts and Membership
- In order to list your business, advertise your services, submit articles or posts, or use the site’s forum, you must create a user account. Creating an account is free of charge. You are responsible for keeping your password for the site secure, and for using your account in accordance with these Terms and Conditions as well as the Website Acceptable Use Policy.
- You do not need to be a member of the PHN to create a user account, however non-members are not permitted to list their business in the PHN directory, advertise or promote their services on the site, access parts of the site reserved for members, and are subject to more stringent moderation on the PHN forum.
- In order to become a member of the PHN, you must complete the [PHN Membership Application Form]. Membership of the PHN is subject to the applicant having achieved a Diploma Level Qualification in Clinical Hypnotherapy, maintaining practice insurance, committing to undertaking adequate professional supervision and undertaking 25 hours of Continued Professional Development (CPD) in the duration of each year or membership, adhering to the PHN Code of Conduct and Ethics, and paying a membership fee.
- If you do not wish to be listed on the site, wish to terminate your user account, or your membership to the PHN, please contact us at email@example.com we will remove your details and information as soon as possible.
- The PHN may, at our absolute discretion, refuse a user account, membership, directory listing, or proposed publication or submission, to any person or entity, and the PHN are not obliged to give reasons for any such refusal.
Term of User Accounts and Membership
- User accounts shall continue unless they are terminated by either party in accordance with paragraphs 24-28 below.
- Membership of the PHN will commence at the time all relevant items and information, including application form, membership fee, copies of qualifications and insurance certificates, are submitted by the applicant and processed by the PHN, and the PHN is satisfied that conditions for membership are met.
- In the event that the applicant does not meet the criteria for membership of the PHN, their application fee will not be processed. The applicant will be notified of any defects in their application, and invited to re-apply with any such defects remedied.
- Once an application for membership of the PHN is approved, membership shall continue for a period of one calendar year from the date of approval. Upon expiry of that period, unless the applicant has opted out of automatically renewing their membership, membership of the PHN shall automatically renew for a further year, and the member’s bank or PayPal account shall be debited for the relevant amount.
- A member may opt out of automatically renewing their membership at any time by emailing firstname.lastname@example.org
- Membership of the PHN shall continue unless terminated by either party in accordance with paragraphs 24-28 below.
Fees and Payment
- User accounts are free of charge to create and maintain.
- The fee for PHN membership shall be as set out on the site at the time membership is applied for. This fee may change from time to time.
- Fees for any additional benefits, advertising, or services shall be as set out on the site at the time payment is made for them. These fees may change from time to time.
- All fees are exclusive of UK VAT or any applicable sales tax in any jurisdiction unless otherwise specified on the site.
- Payment for all fees may be made by PayPal, Standing Order, debit card or credit card.
- All fees quoted are in pounds sterling, and currency exchange settlements will be as provided by PayPal or your financial institution.
- You may within 7 days of approval of a PHN membership application, or purchase of any additional benefits, advertising, or services provided by the PHN, cancel the application or purchase. To cancel your membership application or purchase, you must email email@example.com the 7 day time period providing notice of your wish to cancel.
- Provided the PHN receives notice of your intention to cancel your membership application or purchase in accordance with paragraph 21, the PHN will refund the fee paid for the application or purchase back to your PayPal, bank, or credit card account within 30 days of our receipt of such notice.
- The terms of cancellation in this section do not affect your statutory rights.
- You may terminate your user account or PHN membership at any time by emailing firstname.lastname@example.org providing the PHN with notice of your wish to terminate your user account or PHN membership. Subject to paragraphs 21 to 23 above, no refund of any fee will be provided upon termination.
- Termination of your PHN membership will not terminate your user account unless this is also requested by you, and notice of this request is provided to us in accordance with paragraph 24 above. In the event you terminate your PHN membership without terminating your user account, these Terms and Conditions continue to apply to your user account.
- Termination by you of your user account or PHN membership shall be effective from the date on which the PHN removes your membership details from the site, or closes your user account, or both.
- The PHN may terminate your user account at any time without notice to you by removing your user account and/or membership details from the site.
- The PHN may terminate your PHN membership and any agreement between us without notice, and without any liability to make a refund or other payment to you in any of the following circumstances:
- You have, after investigation, been found by the PHN to have breached the PHN Code of Conduct and Ethics.
- You have not complied with your obligations to maintain adequate supervision, CPD hours, or professional practice insurance.
- You are not in compliance with the provisions of the Advertising Standards Authority.
- You have breached these Terms and Conditions, the Acceptable Use Policy or the Privacy and Data Protection Policy in any way.
- You have in the PHN’s opinion been transmitting or are connected with spamming or any other unsolicited bulk email or communication.
- Your membership may, in our reasonable opinion, adversely affect the reputation of the PHN or the profession of hypnotherapy.
Consequences of Termination
- Upon termination of PHN membership, your right to use the membership areas of the site shall immediately cease. The PHN has no obligation to maintain any of your posted content, additional benefits, advertising, services, or listings.
- Upon termination of your user account, any details pertaining to that account as maintained by the PHN via the site may be removed, and access to the PHN forum shall immediately cease.
- Any termination of the agreement between us shall not affect any rights or liabilities that have accrued prior to such termination.
- Any additional services such as advertising, promotions, and feature posts or listings are described on the site and may change from time to time. Additional services are limited in number and will be made available on a first come first served basis. The PHN accepts no liability for any additional services not being available.
- You warrant that any advertisement, promotion or feature complies with all applicable laws and regulations, including the UK CAP code and any other relevant regulation of the Advertising Standards Authority (ASA), as well as the PHN Code of Conduct and Ethics, and you shall indemnify the PHN for any loss, damage or liability the PHN may incur by reason of your breach of this section.
- The PHN may reject in our absolute discretion any materials submitted in relation to additional services offered by us, and may request that you provide amended or additional materials. All advertising or promotional content is subject to approval of the PHN, and the PHN reserve the right to reject or cancel any advertisement or promotion deemed to be unsuitable for any reason.
- You understand and acknowledge that any advertisement, feature, or promotional materials accepted by the PHN in relation to additional services shall not constitute, imply or suggest any recommendation, preference, or warranty made by us regarding any product, item or service alluded to therein.
- The PHN may in our absolute discretion accept articles (including text, information, images, audio, or video material) from you for publication on our site.
- If you submit an article to the PHN for publication on our site, you shall be responsible for the accuracy and completeness of the article, and for ensuring and undertaking that none of the material contained therein is or could be reasonably considered to be plagiarised.
- If the PHN accept an article from you for publication on the site, you grant the PHN a non-exclusive licence to distribute the article on the site and any such other media the PHN may decide, in return for crediting you for the article. The licence granted under this section permits the PHN to modify, electronically reproduce, distribute, and publicly display the article on the site and reproduce and distribute excerpts of the article in marketing and promotional materials relating to the PHN.
- The PHN have no obligation to you, and accept no responsibility for reviewing the article to determine whether the article may result in liability to any third party.
- If the PHN considers that any article submitted by you may incur liability for the PHN, or adversely affect our reputation, good standing, or the reputation of the profession of hypnotherapy, we may remove the article or any such part of it that we consider, in our discretion, is prudent or necessary to eliminate our potential liability.
- The PHN is the owner or licensee of all intellectual property rights in our site, and in all of the material published on it. The site and such materials are protected by copyright laws and treaties around the world and the PHN reserves all such rights.
- You grant the PHN a perpetual, worldwide, royalty free licence to use all or any of your intellectual property rights in any materials, content, or advertisements shown on our site.
- You indemnify the PHN all times against any and all losses, damages, costs, expenses and other liabilities, including legal fees, incurred by, awarded against, or agreed to be paid by us arising from any claim of infringement or alleged infringement of a third party’s intellectual property rights arising from your use of the site.
- You agree that the PHN retains full editorial control over any information, content, listing, promotion, or advertisement submitted by you to the site, and that the PHN own all intellectual property rights in relation to such submissions (except for your branding and any intellectual property rights owned by you prior to such submissions).
- The PHN reserves the right to change the format, style, and layout of our site, and any content, listing, information, or advertisement submitted by you as we consider desirable.
- You must not reproduce or replicate in any format, any part of the site, (including content, designs, or look and feel) without prior written consent from the PHN.
- You warrant that where you are an individual you are at least 18 years of age and where you are a company or other legal person, that you are a bona fide legal entity duly formed in accordance with all applicable law and regulations and have full capacity and authority to enter into an agreement with the PHN.
- You warrant that all information provided by you to the PHN or have submitted to the site is true, accurate, and not misleading in any way.
- You warrant that in using the site you will comply at all times with all applicable law and regulations, including advertising codes of conduct.
- You warrant that any website or information owned or controlled by you that listed or linked on our site is free from illegal, defamatory or tortious content.
Limitation of Liability
- Other than liability for us causing death or personal injury to any person or for any fraudulent misrepresentation made by the PHN, the PHN excludes all liability for any loss or damage suffered by you from your use of the site, including all consequential loss or damage howsoever caused and whether this was in the reasonable contemplation of the PHN or not.
- In the event that we are found liable to you for any loss or damage, this liability shall be limited to the amount you have paid for your current PHN membership and any current additional services provided by us. In the event that any court of competent jurisdiction does not allow such limitation of liability and awards damages against us in excess of the aforementioned amount, you agree to release the PHN from all damages and liability in excess of this amount.
- You agree and acknowledge that the PHN is not liable to you for any loss or damage, or for any offence caused, or for any threatening, defamatory, obscene, offensive or illegal content uploaded to our site by a third party or for the infringement of any of your rights (including intellectual property rights) arising from the conduct of a third party.
- You agree and acknowledge that the PHN has no liability for the site not being available at any time, nor any liability for the deletion, corruption, or failure to store any materials, information or content on the site.
- The PHN has no liability for any advice, views, recommendations, advertisements and any other form of content provided by other users of the site or third parties.
- You agree to, at all times, indemnify the PHN and keep us indemnified against all losses, damages, costs, or expenses and other liabilities (including legal fees) incurred by, awarded against, or agreed to be paid by us arising from your breach of any of these terms and conditions.
- The PHN shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement, arising from or attributable to acts, events, omissions, or accidents beyond our reasonable control.
- If any provision of this agreement (or any part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable, or illegal, the other provisions shall remain in force, unless in our reasonable opinion, the purpose of this agreement is frustrated as a result.
- The PHN may vary these terms and conditions at any time. The latest version of these terms and conditions shall be posted on the site. Your continued use of the site constitutes your acceptance of any new, updated, or amended terms and conditions.
- No failure or delay by the PHN to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise.
- This agreement, the Website Acceptable Use Policy, the Privacy and Data Protection Policy, and Requirement to Evidence Public Indemnity Insurance and CPD Compliance Policy (which can be found on the site) constitute the entire agreement between you and the PHN and supersede all prior agreements, communications, and proposals.
Third Party Rights
- A person who is not party to this agreement shall not have any rights under it or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
Governing Law and Jurisdiction
- This agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with English law. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement.