Last Updated July 2023
Terms and Conditions for the Silent Counselling® Training and Certification Programme
These Terms and Conditions (“Terms") apply to the delivery of Silent Counselling® Training and Certification Programme (the Programme”) by JoJo Ellen School of Healing Ltd (“We”, “Us”) to you the Purchaser of the Programme (“You”, "Your”) (together, "the Parties").
When you electronically accept this Agreement, you are agreeing to abide by the terms and conditions set out below.
If you are purchasing Levels 1 & 2 of the Programme then you will be asked to agree to separate terms and conditions which are specific to that service. Should a dispute or conflict arise then those specific terms will take priority over these Terms.
Introduction
In accordance with these Terms, including the Schedules and our privacy notice which can be found at www.jojoellen.com, we agree to deliver the Programme, as further defined below, to you, in exchange for payment of the relevant Fee (as set out below).
- Definition and Interpretation
-
- For the purposes of these Terms, unless the context otherwise requires, the following expressions have the following meanings:
Silent Counselling® Practitioner
|
means an individual that has successfully completed Levels 1 &2 of Silent Counselling® and is entitled to practice Silent Counselling® with private clients in accordance with the agreed guidelines and code of ethics.
|
Client
|
means an individual who purchases and/or accesses the Programme;
|
Client Content
|
means any comments, information, content, photographs or graphics that you, as a Client provide to us.
|
Code of Ethics
|
means Silent Counselling® Code of Ethics which is provided at the start of the Programme and must be adhered to by anyone using Silent Counselling®
|
Confidential Information
|
means any ideas, know-how, business practices, customer/client details, personal data, materials, meditations, therapeutic and coaching tools, content, data, software, documents, resources, video and audio recordings, presentations, downloads, podcasts, workbooks, methods, concepts and techniques, systems, plans, trade secrets, and other confidential and/or proprietary information.
|
Content
|
means any materials, information, tools, videos, meditations, graphics, logos, resources, data and other content.
|
Intellectual Property
|
means any copyright, database right, design right, patent, registered design, service mark, trademark and any application for any of the above whether current or pending and whether in the UK or any other part of the world.
|
Licence
|
means the right to use Silent Counselling® with clients or students in accordance with the Licence Terms set out in Schedule 2 and in compliance with the Code of Ethics.
|
Method
|
means Silent Counselling®, is not created, developed and owned by us - we just facilitate as licensed trainers - which will be delivered as part of the Programme.
|
Personal Data
|
means any information which is capable of identifying
another individual as further defined within the General
Data Protection Regulation 2016/679.
|
Private Groups
|
means any private online area, training portal, membership area or private group including our private Facebook group.
|
Programme
|
means Silent Counselling® teaching and certification programme which provides our clients with the opportunity to train in Silent Counselling® for personal use (Level 1) or to become a Silent Counselling® Practitioner (Level 2).
|
Programme Fee
|
means the total cost of the Programme excluding any additional administration costs or costs for any refresher training.
|
Programme Services
|
means the services which any Client purchasing the Programme will have access to, as set out in Schedule 1.
|
Sessions
|
means any interactive group session provided as part of the Programme. This includes training sessions, demonstrations, practice and teaching sessions.
|
- The Programme
-
- Our Agreement will begin when you electronically accept these Terms and will continue until it is terminated in accordance with these Terms.
-
- The Programme will be delivered virtually and no alternative will be provided. All Sessions will take place via Zoom or such other online meeting facility as we may confirm to you in writing.
-
- Any information, Content, support, materials or guidance we provide as part of the Programme is intended for a group audience and should not be relied upon as information personal to you, unless we expressly advise otherwise and it does not constitute legal, medical or financial advice. If you feel that you require personal or 1-1 support or further contact which is over and above that provided to you as part of the Programme, then a further agreement will need to be arranged and separate terms and payment agreed.
- Accessing Sessions and Private Groups
-
- The date and time of each Session will be provided by via email or by posting in the private Facebook group. It will be your responsibility to check for emails and posts concerning the scheduling of Sessions. We regret that Sessions will not be recorded and no alternative or replacement dates or times will be offered if you are unable to attend a Session for whatever reason.
-
- If we are unable to attend a Session then we will make all reasonable attempts to provide you with as much notice as possible.
-
- It is really important to us that all Clients accessing our Programme feel safe and comfortable and therefore we ask you to agree to conduct yourself in a reasonable and responsible manner at all times when using and accessing the Programme, including Sessions, and not to act in a manner which may cause offence, distress or alarm to any other Client.
-
- When you access any Session or Private Group, you agree:
-
-
- not to record any part for your personal use or otherwise; and
- not to share information, whether expressed to be confidential or not, that is shared by another Client; and
- not to capture or share images of any other Client or that include any other Client without that Client’s express permission; and
- not to use any Session or Private Group for any unlawful purpose; and
- not to upload, post, transmit or otherwise make available content that:
-
-
-
- is by its nature defamatory, libelous, obscene, demeaning or which causes offence to another individual whether intended or not; or
- discloses personal and/or confidential or sensitive information about another person; or
- is threatening or causes us or a Client to feel harassed or in fear; and/or
- is classed as spam.
-
- If you become aware of any inappropriate behaviour, comments or content being shown or displayed within any Private Group, during Sessions or during the delivery of any aspect the Programme then you agree to notify us as soon as possible.
-
- As part of the Programme you will have access to a private portal area. It shall be your responsibility to:
-
-
- provide the correct information to set up your access; and
- keep your password or any other access information private, safe and secure; and
- notify us should you become aware of, or suspect a third party is aware of your password or access details.
- What we expect from you when we work together
-
- When you purchase the Programme you are agreeing that you are over 18, that you are legally capable of entering into a legally binding contract and that all information you provide to us is true and accurate.
-
- The Programme is designed to provide you with information, tools, materials and skills to support you in training to use Silent Counselling® for your personal benefit (Level 1), or to achieve certification as a Silent Counselling® Practitioner (Level 2). The Programme is not a substitute for counselling or other therapy services and we are not medical or health practitioners. If you are currently seeking medical or other professional help concerning your mental health, or if you are unsure as to your mental capacity to participate in the Programme, then you should seek advice from a relevant medical professional and inform us if appropriate and relevant.
-
- If you are currently under medical care or taking any medication then you should not alter or stop taking any of your medications or undertaking any medical treatments during your participation in this Programme without first speaking to your qualified medical or healthcare provider.
-
- During your access to the Programme you may be exposed to information or situations that trigger deep or otherwise unresolved emotional responses. By accessing and participating in the Programme you are confirming that you are mentally well enough to do so and that you understand that you are personally responsible for managing your own emotional state. You agree not to hold us liable for any emotional distress experienced as a result of your access to the Programme and we reserve the right to terminate your access where we have concerns as to your suitability to safely participate.
-
- You shall be responsible for completing all preparatory study modules before attending any Sessions and for attending the Sessions as agreed and during such Sessions to participate fully and communicate openly and honestly.
-
- Your purchase of the Programme does not create a client/therapist relationship. Where you choose to participate in any coaching activities or demonstrations offered as part of the Programme then you acknowledge that any decision to participate is voluntary and at your own risk. You agree to inform us if at any time you feel uncomfortable or unsafe with any aspect of the Programme or if you have any concerns with the delivery of the Programme or your ability to use or access the Programme.
-
- Any therapeutic support that is offered, will be that which we are qualified and insured to provide. Whilst we are advocates of the benefits that can be experienced through therapy treatments, results can vary and are not guaranteed. The Programme, including any therapy that may be offered or provided to you, is not a substitute for psychological therapy or counselling and you should seek the services of a qualified or licensed professional where such support is required. You will, at all times, remain responsible for notifying us of any medical reason why you should not engage with this Programme or any offered therapeutic support.
- Completion of Silent Counselling® Programme
-
- Dependent upon your previous experience with Silent Counselling® and the purchase option you select, you will be offered the opportunity to undertake training in Silent Counselling® at 2 different levels. The levels are as follows:
-
-
- Level 1 – trained in Silent Counselling® for personal use only;
- Level 2 – trained in Silent Counselling®for personal use only and certified as a Silent Counselling® Practitioner for use of the Method with your own private clients;
In order to successfully complete each of the Levels you will be required to undertake certain activities, and assessments to demonstrate your competency.
-
-
The certification assessment criteria is as follows:
- Level 1 – successful completion of all training modules, attendance at 1 x 1-day live Session and participation in practice Sessions;
- Level 2 – successful completion of Level 1 (as above) plus completion of online training modules, attendance at 1 x 2-day live Session and submission of 12 x case studies.
If you fail to meet the assessment criteria then, at our discretion, we will offer you one opportunity to submit updated or amended case studies, where applicable, and/or repeat your practice Sessions, without any further charge. Where you fail to meet the assessment criteria for a second time then you will be charged an additional fee to cover our time and administration costs.
-
- The decision to certify you shall be at our absolute discretion. We make no guarantee that you will successfully complete the Programme and/or achieve any Silent Counselling® qualification. Any issues concerning our decision should be made in writing and emailed to hello@jojoellen.com
-
- No refunds will be provided where a decision is made not to certify you, although, in accordance with clause 5.2, above, we may offer you the opportunity to retake the assessment or certain elements of the Programme again if you have fully complied with the Programme, attended all Sessions and completed all assessments, any such decision will be at our absolute discretion.
-
- Following completion of the Programme you will have a period of 6 months during which to complete the assessment criteria to achieve your certification. After this date you will only be entitled to complete your assessment or any further assessments with our express agreement in writing and completion of any refresher training as we require. A charge will apply to any refresher training and you will be responsible for payment of the charge before any training is provided.
-
- For all Clients undertaking the Level 2 Programme option, once you have successfully obtained your certification you will be provided with a Licence to use the term Silent Counselling® Practitioner and you will be entitled to use the Method as set out in the Licence Terms attached at Schedule 2. Your licence will continue to be valid subject to your compliance with the Licence Terms and us being satisfied that you continue to demonstrate the required competency and that you are maintaining professional and ethical standards. We reserve the right to terminate your Licence if we reasonably consider that you do not meet our competency and/or ethical standards.
- 7.For all Clients who undertake the Level 2 Programme you will have a period of 6 months after successful completion of the Programme to begin using Silent Counselling® with your own private clients. If you do not begin using Silent Counselling® within a 6-month period following completion of the Programme then your Licence will be suspended until you have completed our Silent Counselling® refresher training.
- Compliance with ethical and professional standards
-
- As part of your access to the Programme you will have the opportunity to learn, develop and experience powerful tools and techniques. When learning and using these tools you agree to use them responsibly and ethically.
-
- To participate in the Programme and to continue using Silent Counselling® you are required to adhere to our code of ethics which are available in your private training portal. Should we determine that, in our reasonable opinion, you have acted in a way which is in breach of our code of ethics then we shall be entitled to revoke your certification and any Licence and terminate your access to the Programme without refund.
-
- You shall be responsible for ensuring that you comply with all rules, regulations and codes of conduct that apply to your work and/ or any services that you deliver or intend to deliver and that you have in place adequate insurance to cover any and all services that you provide, including Silent Counselling®.
- Your Purchase of the Programme
-
- Your order and purchase of the Programme is a contractual offer that we may choose to accept.
-
- Our welcome email confirms acceptance of your order and our legally binding agreement. If your order is not accepted, we will notify you by email and provide a full refund.
-
- We reserve the right to make changes to the Programme, in whole or part, as we reasonably require without notice to you. If we make changes, we will ensure that the Programme still matches the original description, except where the change enhances the original description. We shall not be liable for any reasonable changes or cancellations that are made to any part of the Programme.
- Payment terms
-
- The Programme Fee, which is payable by you, is set out in Schedule 1
-
- Time for payment of the Programme Fee shall be of the essence and shall be made without deduction, set off, or any form of withholding except as is required by law.
-
- The Programme Fee is calculated based upon our knowledge and experience and the time, effort and availability of the Programme Services and is not based on your actual usage and/or level of attendance. You agree and acknowledge that you shall not be entitled to any form of credit to or deduction from the Programme Fee for any non-attendance or lack of usage of any part of the Programme on your part; and
-
- The Fee is non-refundable unless:
-
-
- we stop or cancel delivery of the Programme to you (as set out in clause 11.2), in which case you may be entitled to a partial refund calculated on a pro-rata basis having regard to the extent of the Programme which you have paid for but have not yet received; or
-
-
- you provide us with notice to cancel within 14 days from the date of your first payment to us. Any request to cancel should be made by email to hello@jojoellen.com. Upon receipt of your notice of cancellation, if we have not started delivery of the Programme Services or you have not accessed any part then we shall provide you with a full refund of any Fee paid. Where delivery has begun, then you acknowledge that you will be responsible for our reasonable costs in connection with the delivery of the Services which will be deducted from any refund due to you, or, where payment of the Fee has not yet been made, you will be responsible for providing payment of the pro-rated Fee. This does not affect any other rights you may have as a consumer.
-
- In light of our refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted by us. If you have any concerns with the Programme then you agree to notify us. If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of these Terms and you shall indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with our reasonable costs for dealing with the matter calculated at a rate of £100 per hour.
-
- If you choose to pay by credit or debit card then you authorise us to charge your payment method. If it is rejected, or fails, but you have still received access to the Programme, you agree to provide full payment within 7 days from access to the Programme being provided.
-
- If we agree to accept payment by instalments, you agree to provide payment of the instalments in accordance with the instalment plan provided to you at the time of your purchase. You accept that you will remain responsible for providing the instalment payments until the Fee has been paid in full.
-
- We reserve the right to change the Programme Fee at any time. Any changes will not affect the price where payment has already been made and a welcome email has already been sent.
- Late Payment
-
- You are responsible for ensuring that payment of the Programme Fee or any instalment of the Fees is paid in full and on time in accordance with the payment terms set out on the sales page and payment page at the time of your purchase.
-
- Without prejudice to any other right or remedy that we may be entitled to, where your account is beyond 7 days overdue then:
-
-
- we shall be entitled to withhold access to the Programme, including all Sessions and Private Groups, until payment has been made in respect of the outstanding amount; and
-
-
- interest shall accrue and be added to your account on a daily basis as from the date payment is due until full payment (including accrued interest) is received by us. Interest will be calculated on the outstanding Fee at a rate of 5% over the Bank of England’s base rate from time to time; and
-
- In the event your account is beyond 14 days overdue then we shall be entitled to undertake such actions as are necessary to recover the outstanding Programme Fee which may include instructing a collection or legal agent.
- Complaints or Concerns
-
- We want you to be entirely happy with the Programme. In the event you have any concerns, you agree to let us know by email to hello@jojoellen.com and give us a reasonable amount of time to investigate and resolve your concerns before you take any further action. For the purposes of these Terms, further action includes stopping payment or making any chargeback or similar claim.
- Cancellation and Termination
-
- You may terminate your Agreement by providing us with 14 days’ notice. Please remember that unless the circumstances in clause 8.4 or 11.2L apply, no refunds will be payable and you will be liable for full payment of the Programme Fee, despite any notice of cancellation.
-
- We may terminate our Agreement where we discover an error with the Programme or Services description or price, where we are unable to deliver the Programme to you for any reason, or where we feel that the Programme may not be right for you, such decision to be entirely at our discretion. In such circumstances we will provide you with notice in writing and where we have not already provided full access to the Programme or where they have not been fully delivered by us, we will provide you with a pro-rata refund in accordance with clause 8.4 above.
-
- We shall be entitled to limit your access to the Programme or suspend, and/or terminate our Agreement with you with immediate effect and without refund of any Fee, whether paid or remaining due and payable, if we reasonably determine that:
-
-
- you have committed a material breach of any of your obligations under these Terms; or
- you have failed to provide payment of any sum due to us as and when it becomes due; or
- you have become subject to a bankruptcy or similar financial order or proceedings; or
- you enter into an insolvency arrangement or are otherwise unable to pay your debts; or
- you cease trading or an administration or similar financial order is made; or.
- you have acted or behaved dishonestly, fraudulently, or in a way which we reasonably consider may have a detrimental effect on our business or reputation; or
- you have failed to positively engage with the Programme or impaired the delivery of the Programme to you or a Client; or
- you have acted in a way which is abusive or is intended to cause offence to us or a Client; and/or
- you have failed to abide by any of these Terms, our code of ethics, or any other guidance we may provide whether such action constitutes a material breach or not.
-
- Upon termination of our Agreement for any reason:
-
-
- your Licence to use Silent Counselling® and your access to all Programme Services, any private social media accounts, any Content, any Private Groups and any other online resources, will be removed, unless expressly agreed otherwise. We will not be liable to you for any claims relating to the removal of that access; and
-
-
- any Fee or other monies owed by you to us will become immediately due and payable; and
-
-
- any provision of these Terms which either expressly or by its nature relates to the period of time after termination and/or the Programme has been delivered, shall remain in full force and effect; and
-
-
- you shall cease to use, either directly or indirectly any Content, the Method or any Confidential Information belonging to us, or provided by us to you and shall immediately return to us or destroy any copies in your possession or control.
- Confidentiality
-
- It is important to us to create a safe and secure space for everyone accessing the Programme and therefore the protection of confidentiality is very important to us. This means that when you disclose Confidential Information to us, we agree not to communicate or disclose it, make it available to others, or use it for our own purposes without your consent, unless provided for in these Terms.
-
- Where we disclose Confidential Information to you, or where it is disclosed by a Client, you agree that the Confidential Information belongs solely and exclusively to the person disclosing it, and that you will not:
-
-
- disclose, communicate, reproduce or distribute it, or use it for your own benefit, whether personally or commercially, and whether directly or indirectly;
-
-
- use it for any purposes which are unlawful, would cause harm or distress to another person, or would cause damage to our business or reputation.
-
- For the purposes of these Terms, Confidential Information excludes any information that was already known to us before you provided it, or where it was already in the public domain, created by us, or provided to us separately by someone else without any breach of these Terms.
- Intellectual Property
-
- As part of our delivery of the Programme we may provide you with access to Content and our unique teaching and coaching methods and tools including Silent Counselling® (“Method”). We take the protection of our Intellectual Property Rights in relation to our Content, Method and Programme very seriously. You agree and accept that all Content and the Method remains our confidential and proprietary intellectual property and belongs solely and exclusively to the creators.
-
- Our Content and the Method can only be used by you in connection with your use of the Programme and should not be copied, modified, reproduced, shared, published, disclosed, or used for any reason, whether for commercial gain or not, without our prior written consent and nothing within these Terms constitutes a transfer of any Intellectual Property or grant of a licence or any right to use unless expressly set out in these Terms or we have provided our prior written consent.
-
- As part of your purchase of the Programme we will grant to you a personal, limited, non-transferable, non-exclusive, revocable Licence to access, view and use our Content and the Method on the terms set out in Schedule 2.
-
- Your Licence becomes valid once you have successfully completed the Programme, including any assessments and full payment of all relevant Fees, payments and any other monies owing to us have been made. We have the right to withdraw it at any time, without notice where we reasonably believe you are in breach of the terms of the Licence. and we reserve the right to make changes to the Licence terms where such changes are necessary for the protection or safe use of the Method or for any other genuine business reason. Where changes are made to the Licence terms, we shall provide you with at least 14 days’ notice of any change
-
- When you purchase the Programme you agree and undertake that from the date of this Agreement that you SHALL NOT:
-
-
- copy, reproduce, sell, license, share or distribute any of our Content or the Method, whether during the period of your access to the Programme, or at any time thereafter;
-
-
- record any webinars, online or in-person events, videos, Sessions or any Content or information relating to the Method;
-
-
- infringe any of our copyrights, patents, trademarks, trade secrets or other Intellectual Property rights or any such rights belonging to a Client.
-
- In the event of your breach of your obligations relating to our Intellectual Property (including but not limited to the Content, the Method and the Programme) then:
-
-
- you shall immediately cease and desist the illegal use of our Intellectual Property upon receipt of such notice from us;
-
-
- you agree and accept that damages, loss, or irreparable harm may arise for us due to your illegal use of our Intellectual Property and, in such circumstances, we shall be entitled to seek relief, including injunctive relief against you; and
-
-
- you shall indemnify and keep us fully indemnified for all such damages and losses sustained as a consequence of your breach of this clause 13.
-
- The provisions above shall continue in force notwithstanding termination of our Agreement for any reason.
- Your Personal Data and how we use it
-
- Personal data for the purposes of these Terms means any information which is capable of identifying another individual, as further defined within the UK GDPR.
-
- Any Personal Data you provide to us will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the UK GDPR. We shall only process your Personal Data to the extent reasonably required to enable proper delivery of the Programme and shall retain it only for as long as reasonably necessary to allow completion and delivery of the Programme and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your Personal Data please refer to our privacy notice which can be found at www.jojoellen.com
-
- As part of the delivery of the Programme your image may be recorded in photographs, images or screenshots by us or other Clients and shared on social media. By purchasing the Programme and agreeing to these Terms you are providing your consent for your image to be used. Should you wish to revoke your consent you can do so by emailing us at hello@jojoellen.com
-
- Our obligations above and as set out in Clauses 12 and 13, shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings (whether or not in relation to these Terms, to allow us to obtain legal advice, where we have been directed to do so by a court or other body of equivalent jurisdiction or where it is necessary because we reasonably believe you are at risk of danger to yourself or others.
- Reviews and Testimonials
-
- If you choose to share Client Content with us you are granting to us, free of charge, permission to use that Client Content in any way as part of our business services, which shall include advertising and marketing.
-
- When sharing Client Content, you confirm that you have the legal right to share it and that it doesn’t infringe any third party’s intellectual property or other rights.
-
- If you provide us with a testimonial, review or similar (“Review”) then by doing so you consent for us to exhibit, copy, publish, distribute, use on our website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, your Review or part of your Review, as we reasonably require to lawfully promote our business. You can amend your consent at any time by emailing us.
-
- These provisions shall survive termination.
- Non-solicitation and non-competition
-
- For the duration of your access to the Programme and for a period of 12 months afterwards you agree NOT to:
-
-
- canvass, promote or advertise your products or services to any of our Clients, employees, contractors, or any individual who is a member of any of our free groups or is considering purchasing our Services (“Prospective Client”) or use your purchase and access to the Programme to canvass, promote or advertise your products or services without our express consent, such consent not to be unreasonably withheld;
-
-
- solicit or attempt to solicit any of our Clients or Prospective Clients without our express consent, such consent not to be unreasonably withheld;
-
-
- employ, engage or attempt to induce, employ, solicit or entice away from us any of our employees, or contractors that were engaged, employed or contracted to us at any point during the time of your access to the Programme, without our express consent in writing, such consent not to be unreasonably withheld.
- Liability
-
- Your purchase of the Programme and your compliance with these Terms does not constitute or imply any business relationship other than as set out within these Terms.
-
- We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:
-
-
- any indirect, consequential or special damages, losses or costs; or
-
-
- any loss of profits, business, data, reputation or goodwill or any such anticipated losses; or
-
-
- any failure to deliver the Programme where we are prevented due to a reason beyond our reasonable control; or
-
-
- any losses arising from your use of the Programme once delivered.
-
- Should you incur damages due to our default or breach, our entire liability is limited to the amount of the Fee paid by you at the time loss is sustained. You agree and acknowledge that this term is fair and reasonable given the nature of this arrangement and the provision of the Programme.
-
- Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.
-
- You agree to indemnify and hold us harmless for any action taken against us due to your violation, misuse or disregard of:
-
-
- Any provision of these Terms, our code of ethics or any other guidance we may provide; or
-
-
- your use of Silent Counselling® in any way; or
-
-
- your participation or use of the Programme in any way.
-
- During the term of your access to the Programme, and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or Clients, or our or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or Clients.
-
- In the event a dispute arises in connection with the provision of the Programme which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible 30 days following mediation then either of us shall be at liberty to commence legal action.
- No Guarantee
-
- When purchasing the Programme you will have access to the Programme Services, Content, Method, people and support all designed to benefit you but it is your responsibility to take action and implement the necessary information received and/ or the skills or tools shared. Your success and any results are dependent on factors which are outside of our control and we regret that we are not able to guarantee that any particular results or success will be achieved.
-
- We have made every effort to accurately represent the Programme and the Programme Services. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results.
- Who we are and how to contact us
-
-
The Services shall be delivered by JoJo Ellen School of Healing Ltd Our business address is 98 Bolton Rd, Atherton, Manchester M46 9JY Should you wish to contact us then you can email us at hello@jojoellen.com or alternatively you can write to us at the postal address above.
-
- If we need to contact you, we will use the email address you provide at the time of purchase. If you change your contact email address it will be your responsibility to notify us so that we can update our records.
-
- Any reference in these Terms to a notice shall mean a notice in writing sent by email to the email addresses referred to above. All emails will be taken as delivered 48 hours from valid transmission.
-
- During delivery of the Programme, we shall be available to you within the private Facebook group during the times set out in Schedule 1. Any contact required outside of the agreed hours will incur an additional fee.
- General
-
- The failure of either one of us to actively enforce any provision of these Terms shall not prevent that party from subsequently seeking to enforce any term or obligation and any such failure shall not constitute a waiver, diminution or limitation of any right.
-
- In the event any provision of these Terms is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
-
- This is the entire agreement between us and supersedes all other negotiations, drafts, correspondence and discussions prior to its execution.
-
- Every effort will be made to deliver the Programme in accordance with these Terms but we shall not be liable for any delay or failure in delivery should we be prevented or delayed due to any act, event, omission or accident beyond our reasonable control (“Events”), including but not limited to any of the following: an act of god (which shall include but not be limited to fire, flood, earthquake, windstorm or other natural disaster), extreme adverse weather conditions, disease, epidemic or pandemic, strike, industrial action, lock out, lockdown, war or threat or preparation for war, civil war, civil commotion, riot, armed conflict, imposition of sanctions, embargo, terrorist attack, nuclear, chemical or biological contamination or sonic boom, explosion, delays in transit, malicious or accidental damage, collapse of building structures or failure of plant or machinery, loss at sea, any act or omission of a telecommunications officer or third party supplier of services, or any other circumstances beyond our control. Should an Event occur then time of delivery shall be extended until a reasonable time after the Event preventing or interfering with the delivery, and under no circumstances will we be liable for any loss or damage suffered by you as a result thereof.
-
- Where an Event arises, we will provide you with a notice in writing sent to the email address you provide to us, setting out the nature and extent of the Event and any steps we are taking to mitigate the impact and effect.
-
- Should the Event continue for longer than 6 months then either one of us shall be entitled to terminate this Agreement by providing the other with 14 days’ notice in writing. Termination in these circumstances shall be without prejudice to the rights of the parties in respect of any breach of the Agreement occurring prior to termination. Any refunds will be considered at our discretion.
-
- This Agreement shall be governed by the laws of England and Wales. The Parties to this Agreement submit to the exclusive jurisdiction of the Courts of England and Wales and the laws from time to time in force.
-
- You agree that no other representations have been made by us to induce you into entering into this Agreement and no modification to the terms of this Agreement shall be effective unless in writing and signed by both parties.
-
- Save as provided for in clauses 13.5.3 and 17.6 the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
I confirm that by providing my electronic acceptance to these Terms and purchasing the Programme that I fully understand and agree to the information outlined above.
Schedule 1
- Programme Services
Subject to you providing payment of the Programme Fee, the Programme shall be delivered as follows:
Level 1
- Access to online training portal and learning modules – Minimum 20 Modules
- Access to 1 x live training day lasting a minimum of 4 hours to be delivered by Zoom or other online meeting facility;
- Provision of workbooks, audio training and video material
- Access to private Facebook community starting from the start date of the Programme;
- Lifetime access to all Programme resources.
Level 2
1. Access to online training portal and learning modules – Minimum 15 Modules
2. Access to 1 x live training day lasting a minimum of 5 hours in total to be delivered by Zoom or other online meeting facility;
- Provision of workbooks and audio training and video material
- Access to private Facebook community starting from the start date of the Programme;
- Lifetime access to Programme resources.
- Subject to successful completion of the Programme and adherence to our licence terms and code of ethics, licence to use Silent Counselling® with your own private clients as a Silent Counselling® Practitioner.
All Levels
Email access to us, for the duration of the Programme, subject to a maximum weekly limit of 30 minutes per week. We agree to use our best endeavours to respond to all emails within 48 hours (Monday to Friday);
For the purposes of this Agreement, lifetime access shall mean the period during which the Programme is available for purchase through our Website and will mean no less than 12 months.
Payment Terms
The Programme Fee payable by you to us for delivery of the Programme is set out below. All Fees are inclusive of VAT:
Level 1 – Self Healing
Level 2 – Practitioner Level
£555
With payment plan options - 3 months - £185 p/m 2 months £277.50 p/m
In accordance with clause 8 of this Agreement, when you purchase the Programme, you are agreeing to provide full payment of the Programme Fee.
If there is a conflict between the information contained on our payment check out page and the information above then you shall be responsible for notifying us of the conflict so that we can confirm the correct payment terms. Otherwise, where a conflict exists the terms set out above shall take priority
SCHEDULE 2
Licence to use Silent Counselling® Level 1 & 2
- As part of the Programme we shall grant to you a personal, limited, worldwide, non-transferable, non-exclusive, revocable Licence to access, view and use Silent Counselling®, as set out below. Silent Counselling® can only be used and applied strictly as taught by us during delivery of the Programme and in accordance with our code of ethics and any other guidance we provide. Any use or application, or attempted use or application, outside of the terms set out below or our instructions or guidance is strictly prohibited.
-
Your Licence will commence upon your satisfactory completion of the Programme and all relevant assessments and payment of the Fee and any other monies due to us by you and your licence will continue as follows:
-
-
- for Levels 1 and 2 your licence will continue unless it is terminated in accordance with these Terms;
- We reserve the right to withdraw your Licence at any time, without notice, where we reasonably believe that you are in breach of the terms of the Licence or any provision of these Terms. Any decision to withdraw your Licence will be at our absolute discretion.
- We reserve the right to make changes to these Licence terms where we consider, at our absolute discretion, that such changes are necessary for the protection or safe use of Silent Counselling® or for any other genuine business reason. Where changes are to be made to the Licence terms then we shall provide you with at least 14 days’ notice of any intended change.
- Subject to your successful completion of the required assessments you will be entitled to use Silent Counselling® pursuant to the terms of this Licence as follows:
Level 1
- for your private and personal use;
- as part of your use of the Programme for the purposes as intended by this Agreement;
Level 2
As with Level 1 plus:
- as part of any one-to-one private work or group work that you deliver to your own, personal clients, subject to you having in place strict terms and conditions to protect the use of Silent Counselling® from any infringement by your clients or any other third parties. We reserve the right to request to review such terms and conditions upon provision of written notice;
- as part of any private group work you undertake subject to you ensuring that you clearly reference us as authors and creators of the Content and/or our Method and on the basis you have in place strict terms and conditions to protect the use of our Content and the Method from any infringement by your clients or other third parties;
- as a reference in connection with the promotion of your one-to-one services or group services subject to you referring to us as authors and creators Silent Counselling®.
- If you do not begin use of the Method with your own private clients within 6 months of successfully completing the Programme or you pause your use of the Method for a period of 6 months or more then your Licence will be temporarily suspended and you will be required to attend refresher training sessions before your Licence suspension can be lifted. You will be responsible for payment of the applicable fees for any refresher training.
1. : as part of any teaching programme authorised by us, to train and certify other individuals to use the Activation Method® for their personal use or as Activation Method® Practitioners.
2. If you do not begin teaching the Method within 6 months of successfully completing the Programme or you pause your teaching of the Method for a period of 6 months or more then your licence will be temporarily suspended and will be required to attend refresher training sessions before your licence suspension can be lifted. You will be responsible for payment of the applicable fees for any refresher training.
6. In consideration of us granting to you this Licence to use the Activation Method®, you agree to the following:
-
-
-
-
- to ensure that any and all results that your clients experience through using the Method, are directly attributed to Silent Counselling® and;
- to ensure that where you integrate Silent Counselling® with any other therapy, modality or technique that you reference Silent Counselling® alongside any other such therapy, modality or technique; and
- to ensure that any information, documents or materials we provide to you for marketing and promoting the Method are only used to market or promote the Method and that any packages that include and clearly identify the Method must not be used to market or promote other modalities or therapies that do not include the Method and
- that where you intend to offer the Method as part of a package you agree to clearly reference Silent Counselling® using the description as set out within this Licence; and
- that where we make any updates to guidance, marketing materials or other information concerning the Method that you agree to make any such consequential changes to your own materials or information as we may request.
- Subject to successful completion of the Programme, the relevant assessments and upon full payment of the Fee, you shall be entitled to use the Silent Counselling® logo, along with the description ‘Silent Counselling® Practitioner’ or ‘trained in Silent Counselling®' on your website and social media channels.
- Silent Counselling® must NOT be shared, disclosed or discussed in whole or part with any third-party training providers without you first obtaining our prior written consent.
- Subject to the licence terms above and clause 13, you shall not use the Method, our Content or any of our Confidential Information or Intellectual Property for any other purposes including but not limited to:
A. as part of your own business or training courses or to create a system, method or training course, unless we expressly advise otherwise;
B. in any lectures, seminars, workshops, webinars, presentations or similar;
C. as if the Method was created or produced by you;
D. for any other purpose without our express consent in writing. Where consent is provided for you to use the Method in any circumstances set out above then you agree to ensure that clear reference is made to the Method each time it is used in accordance with any guidance we may provide.
I have read and agree to the points above and will honour them.