Terms and Conditions - Consumer

TERMS AND CONDITIONS - Consumer

This Agreement is entered into between Sensory Footsteps Limited, a company established in England and Wales, with company registration number 13966133 (we, us or our), and you, being the person or entity stated in the Quote (you or your), together the Parties and each a Party. If you are accepting this Agreement on behalf of your child, you agree to ensure that your child adheres to the terms of this Agreement (where applicable).

• We are an occupational therapy business working with children, young people, and adults.
• You have requested that we provide, and we have agreed to provide, the Services to you (or your child) in accordance with the terms of this Agreement.

1.1 What this Agreement covers:

• Please read this Agreement carefully before you accept this Agreement.
• This Agreement tells you who we are, how we will provide the Services to you, how you and we may change or end this Agreement, what to do if there is a problem with the Services, and other important information.

1.2 How to tell us about problems:

• If you have any questions or complaints about this Agreement or the Services, please contact us to discuss (using our contact details in the Quote).
• Alternatively, please speak to one of our staff onsite.

2.1 RCOT Registration:

• We are registered members of the Royal College of Occupational Therapists (RCOT) and subject to the RCOT Professional Standards for Occupational Therapy Practice, Conduct and Ethics (Professional Standards).
• You can find a copy of the Professional Standards on the RCOT website at https://www.rcot.co.uk/.

2.2 HCPC Registration:

• We are also registered members of the Health & Care Professions Council (HCPC) and subject to the HCPC Occupational Therapists Standards of Proficiency.
• A copy can be found on the HCPC website at https://www.hcpc-uk.org/.

3.1 You accept this Agreement by the earlier of:

• Making part or full payment of our Quote.
• Signing and returning the Quote to us, including by email or any electronic executions platform acceptable to us.
• Confirming by email that you accept this Agreement.

4.1 In consideration of your payment of the Price:

• We will provide the Services in accordance with this Agreement and all applicable Laws, whether ourselves or through our Personnel.

4.2 Warranty:

• We warrant to you that the Services will be provided using reasonable care and skill.

4.3 Exclusions:

• We will not be responsible for any Services unless expressly set out in the inclusions in the Quote.

• We will commence the supply of the Services within a reasonable time after the later of:
  • The Commencement Date; and
  • The receipt of payment of the Price in full.

• If you wish to make a change to the Services you have ordered, please contact us.
• We will let you know if the change is possible and inform you of any changes to the Price of the Services, the timing of supply of the Services, or anything else which would be necessary as a result of your requested change.
• We will ask you to confirm whether you wish to go ahead with the change.

7.1 Your Right to Cancel:

• You have 14 days after the Commencement Date to cancel the Services and terminate this Agreement.
• We agree not to commence the provision of the relevant Services during this cancellation period unless you make an express request for us to do so.
• If you exercise your right to cancel, you will be liable to pay us an amount for the relevant Services supplied up to the point you inform us of your intention to cancel. This will be proportionate to the full Price for the relevant Services for the Term.

7.2 When you don't have the right to change your mind:

• You do not have a right to change your mind in respect of Services once they have been completed, even if the cancellation period is still running.

7.3 How to cancel:

• To exercise your right to cancel this Agreement, please contact us by email using the form at Attachment 1.

7.4 Refunds:

• Where you are exercising your right to change your mind, we will make any refunds due to you as soon as possible and within 14 days of you informing us of your change of mind.

8.1 In consideration for the Services:

• You agree to pay us:
  • The Deposit (if any).
  • The balance of the Price.
  • All Expenses (if any).
  • Any other amount payable to us under this Agreement in accordance with the Payment Terms.

8.2 Late Payment:

• If any payment has not been made in accordance with the Payment Terms, we may charge interest at a rate equal to 4% above the Bank of England's base rate, compounding monthly, on any such amounts unpaid after the due date for payment.

8.3 Service Entitlement:

• You will not be entitled to any part of the Services until the Price has been paid in full.

• You agree to provide us (and our Personnel) with access to the Premises and facilities at the Premises as is reasonably necessary for us to provide the Services, free from harm or risk to health or safety.
• Access will be provided at times and dates reasonably requested by us or as agreed between the Parties.
• You agree to pay our additional costs reasonably incurred as a result of failing to comply with this clause.

10.1 Binding Agreement:

• Each Party represents, warrants, and agrees that this Agreement constitutes a legal, valid, and binding agreement, enforceable in accordance with its terms.

10.2 Your Responsibilities:

• Comply with this Agreement and all applicable Laws.
• Ensure that all information and documentation you provide to us are true, correct, and complete.
• Comply with our reasonable requests or requirements.
• Provide us with all documentation, information, instructions, cooperation, and access necessary to provide the Services.
• Not rely on representations or warranties made by us unless expressly stipulated in this Agreement.
• Notify us immediately of any matter that may impact the health or safety of us or our Personnel in connection with the Services.
• Treat us and our Personnel with respect, and not engage in abusive or inappropriate behaviour.

11.1 Our Materials:

• We own all intellectual property rights in all Services and any materials we provide to you.
• You are authorised to use Our Materials solely for personal use.

11.2 Restrictions:

• You must not exploit Our Materials for any other purpose nor allow third-party use.

11.3 Your Intellectual Property:

• Any intellectual property you provide remains yours. You permit us to use this intellectual property only to supply the Services.

12.1 Collection of Personal Data:

• The collection of personal data (including health data) is necessary to provide the Services.

12.2 Compliance:

• We will comply with the Data Protection Act 2018 and handle your personal data in accordance with our privacy policy available at https://sensoryfootsteps.co.uk/privacy-policy.

12.3 Confidential Information:

• We agree to keep all confidential information private and confidential, in accordance with our professional and statutory obligations.

12.4 Disclosure of Confidential Information:

• We may disclose confidential information where:
  • You provide us with consent.
  • We reasonably believe there is an immediate risk of harm.

12.5 Survival:

• This clause will survive the termination of this Agreement.

Cancellation Fees for Assessment and Intervention:

• Less than 7 days prior to the Appointment: 25% of the Price.
• Less than 5 days prior to the Appointment: 50% of the Price.
• Less than 48 hours prior to the Appointment, or after the commencement: 100% of the Price.

Cancellation Fees for Tribunal and Court Attendance:

• Less than 28 days prior: 25% of the Price.
• Less than 21 days prior: 50% of the Price.
• Less than 14 days prior, or after commencement: 100% of the Price.

13.1 No Limitation for Deliberate Default:

• Neither Party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.

13.2 Scope of Liability Restrictions:

• The restrictions on liability in this clause apply to every liability arising under or in connection with this Agreement, including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity, or otherwise.

13.3 Unlimited Liability:

• Nothing in this Agreement limits any liability which cannot legally be limited, including liability for:
  • Death or personal injury caused by negligence.
  • Fraud or fraudulent misrepresentation.
  • Breach of terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
  • Defective services under the Consumer Protection Act 1987.

13.4 Specific Liability Limitations:

• To the maximum extent permitted by law:
  • We only supply the Services for domestic and private use. If you use the Services for commercial, business, or resale purposes, we will not be liable for loss of profit, loss of business, business interruption, or loss of business opportunity.
  • A Party's liability for any liability under this Agreement will be reduced proportionately to the extent that liability was caused or contributed to by the acts or omissions of the other Party (or any of its Personnel).
  • Neither Party will be responsible for any losses suffered as a result, except for those which are a foreseeable consequence of a failure to comply with this Agreement.

13.5 Survival of This Clause:

• This clause will survive the termination or expiry of this Agreement.

14.1 Rescheduling by Us:

• In the unlikely event that we need to reschedule an Appointment due to no fault of your own, we will provide as much notice as possible and work with you to reschedule to a mutually suitable date and time.

14.2 Cancellation by You:

• If you need to cancel or reschedule an Appointment, please provide at least 10 days’ notice before the Appointment by calling or emailing us using our contact details set out in the Quote.
• For tribunal or court appearances, at least 28 days' notice is required to cancel or reschedule.

14.3 Cancellation Fees:

• The following cancellation fees will apply if you fail to comply with the notice periods:
  • Less than 7 days prior to the Appointment: 25% of the Price.
  • Less than 5 days prior to the Appointment: 50% of the Price.
  • Less than 48 hours prior to the Appointment, or after commencement: 100% of the Price.
• For tribunal and court attendance:
  • Less than 28 days prior: 25% of the Price.
  • Less than 21 days prior: 50% of the Price.
  • Less than 14 days prior, or after commencement: 100% of the Price.

14.4 Genuine Pre-estimate of Loss:

• When you schedule an Appointment, we set that time aside for you and turn away other clients. You agree that the Cancellation Fee is a genuine pre-estimate of our loss due to your failure to attend.

14.5 Repeated Cancellations:

• If you cancel your Appointment on more than 3 occasions, we may withdraw the Services by providing 10 days' notice.

15.1 Commencement and Continuation:

• This Agreement will commence on the Commencement Date and continue until we have completed the supply of the Services.

15.2 Your Right to Cancel:

• Nothing in this clause limits your right to change your mind under clause 7.

15.3 Termination by Either Party:

• Either Party may terminate this Agreement by giving 30 days' written notice.
• We may refund you a portion of the Price on a pro-rata basis if you have paid upfront for Services not yet provided.

15.4 Immediate Termination for Breach:

• This Agreement will terminate immediately if:
  • A material breach of this Agreement occurs and is not remedied within 10 Business Days after notification.
  • The Defaulting Party is unable to pay its debts as they fall due.

15.5 Upon Termination:

• We will immediately cease providing the Services.
• To the maximum extent permitted by law, any payments made by you to us are not refundable unless otherwise set out in this Agreement.
• You must pay for all Services provided prior to termination, including those not yet invoiced.
• You agree to grant us access to recover or repossess any Service Equipment belonging to us.
• You agree to promptly return or destroy any information or material owned by us.

15.6 Document Retention:

• We will retain your documents as required by law or regulatory requirements.

15.7 Survival:

• Termination of this Agreement will not affect any accrued rights or liabilities.

15.8 Survival of Clause:

• This clause will survive the termination or expiry of this Agreement.

16.1 Amendment:

• This Agreement may only be amended by written instrument executed by the Parties.

16.2 Assignment:

• A Party must not assign its rights or obligations under this Agreement without prior written consent.

16.3 Assignment of Debt:

• We may assign or transfer any debt owed by you to us to a third party.

16.4 Rights of Third Parties:

• Nothing in this Agreement confers any right to enforce its terms on any person who is not a party to it.

16.5 Counterparts:

• This Agreement may be executed in any number of counterparts.

16.6 Disputes:

• If you are not satisfied with how we handle any complaint, you may contact The Law Society of the United Kingdom.

16.7 Email:

• You agree to receive electronic mail from us.
• We are not liable for any unauthorised copying or interference after transmission.

16.8 Entire Agreement:

• This Agreement contains the entire understanding between the Parties and supersedes all previous communications.

16.9 Further Assurance:

• Each Party must execute further instruments necessary to give full force to this Agreement.

16.10 Force Majeure:

• Neither Party will be liable for delays or failures caused by a Force Majeure Event.
• A Party prevented from performing a material obligation due to a Force Majeure Event may terminate the Agreement after 60 days.

16.11 Governing Law:

• This Agreement is governed by the laws of England and Wales.

16.12 Notices:

• Any notice given under this Agreement must be in writing and addressed to the relevant address.

16.13 Online Execution:

• This Agreement may be executed using an online document execution service.

16.14 Privacy:

• We will collect and use personal data as set out in our privacy policy.

16.15 Relationship of Parties:

• This Agreement does not create a partnership, joint venture, employment, or agency relationship.

16.16 Severance:

• If a provision is held to be void, it will be severed without affecting the validity of the remainder.

16.17 Subcontracting:

• We may subcontract the provision of any part of the Services.

16.18 VAT:

• All amounts payable by you under this Agreement include VAT unless otherwise stated.

• Agreement: These terms and conditions, the Quote, and any documents attached to or referred to in them.
• Appointment: The scheduled date and time agreed between the Parties.
• Business Day: A day on which banks are open for business in England and Wales.
• Commencement Date: The date this Agreement is accepted.
• Confidential Information: Information disclosed in connection with this Agreement.
• Disclosing Party: The party disclosing confidential information.
• Expenses: Travel costs, associated expenses, and other disbursements.
• Force Majeure Event: Any event or circumstance beyond a Party’s control.
• Laws: All applicable laws, regulations, codes, guidelines, protocols, permits, and licences.
• Liability: Any expense, cost, loss, or damage arising under or in connection with this Agreement.
• Payment Terms: Any payment terms set out in the Quote.
• Personnel: A Party’s employees, consultants, suppliers, subcontractors, or agents.
• Premises: The premises where the Services are provided.
• Price: The price set out in the Quote.
• Receiving Party: The party receiving confidential information.
• Services: The services set out in the Quote.