Terms and Conditions

Please read all these Terms and Conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with.

Application

These Terms and Conditions will apply to the purchase of the services by you (the Customer or you). We are Rita Molnar with email address [email protected]; (the Supplier or us or we).

These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Services;
Delivery Location means the designated remote online platform where the Services are to be supplied, as set out in the Order;
Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
Privacy Policy means the terms which set out how we will deal with confidential, psychometric, and personal physiological information received from you via the Website;
Services the services advertised on the Website, of the number and description set out in the Order;
Website means our website www.ritamolnar.com on which the Services are advertised.
Distance contract means a contract concluded between a supplier and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the supplier and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

Services

The description of the Services is as set out in the Website, or other form of advertisement. Please note: The services provided by this Website are not crisis services and the Supplier cannot provide immediate assistance in crisis or self-harm situations. In such cases, you need to reach out to emergency medical services as soon as possible. Also, Services provided by the Supplier are grounded in sport science and clinical exercise referral frameworks; they are strictly non-medical and are not intended to be a substitute for a professional medical diagnosis, clinical psychiatric evaluation, or medical treatment or advice.

In the case of Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

All Services which appear on the Website are subject to availability. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer Responsibilities

You must co-operate with us in all matters relating to the Services, provide us with all information required to perform the Services, and obtain any necessary medical consents from your physician if managing chronic conditions. In order to enable the delivery of the Service ordered, the Customer has to ensure that the latest version of the browser is installed on the computer that is used to take the delivery of the Service, there is a minimum level of internet download and upload speed (5MBPS; 2MBPS, respectively) available during the delivery of the Service; the computer that is used to take the delivery of the Service has a camera/webcam, speaker, microphone functioning.

Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal Information and Registration

We retain and use all information strictly under the Privacy Policy. We may contact you by using e-mail or other electronic communication methods and you expressly agree to this.

Basis of Sale

The description of the Services in our website does not constitute a contractual offer to sell the Services. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e., the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than before performance begins of any of the Services.

No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you.

Fees and Payment

The fees (Fees) for the Services, and any other charges is that set out at the date we accept the Order or such other price as we may agree in writing. Fees for Services are calculated based on the specific profiling or case management structure selected.

Fees and charges do not include VAT (as the Supplier is not VAT registered as per UK regulations for personalized, non-automated consulting services – VAT Notice 700/1) at the rate applicable at the time of the Order.

You must pay by bank transfer as the terms of payment of the invoice issued require.

Delivery

We will deliver the Services to the Delivery Location (designated online platform) by the time or within the agreed period.

In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.

If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

If you fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of redelivering them.

Intellectual Property Rights

Users of this Website and Customers of the Supplier have to respect the intellectual property rights of the Supplier in relation to this Website and its content. All content included on this Website is the property of Rita Molnar. Such content can include – but not exclusively – any graphics, images, video, text, scientific protocols, behavioral metrics, or profiling questionnaires that appear to be part of this Website and they are protected by intellectual property rights. Without the owner’s prior written permission nothing can be used for commercial or any harmful purposes.

Any damage or unlawful, illegal, harassing act to the website will have legal consequences. Though to a reasonable extent the website is secured, the Supplier is not responsible for any disruption in the availability of the Website, and can decide to suspend providing access to the Website or any Services offered in this Website; all users of this Website are responsible for their own security in relation to their personal details.

Withdrawal and Cancellation

You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply to a contract for the following services (with no others) in the following circumstances:

The supply of services after the performance has begun with the Customer’s express prior consent and acknowledgement that they lose their right to cancel once the contract is fully performed or the advanced status profiling process has been initiated by the Supplier.

Right to Cancel

Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day the Contract was entered into.

To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision by email. In any event, you must be able to show clear evidence of when the cancellation was made. When the Supplier receives the statement of cancellation, we will communicate to you an acknowledgement of receipt of such a cancellation within 48 hours.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Commencement of Services in the Cancellation Period

We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service and acknowledged that your right to cancel will be restricted once the delivery of the Service has been completed or begins.

Effects of Cancellation in the Cancellation Period

Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you.

Payment for Services Commenced During the Cancellation Period

Where a service is supplied before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.

Timing of Reimbursement

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction; in any event, you will not incur any fees as a result of the reimbursement.

Conformity

We will supply the Services with reasonable skill and care, strictly complying with the professional and ethical standards established by CIMSPA, the American Psychocoloical Association (APA), the British Psychological Society (BPS) and international clinical exercise referral frameworks.

In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

Duration, Termination and Suspension

The Contract continues as long as it takes us to perform the Services. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:

commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
fails to provide the entry data requirements or the required daily parameters for one week without prior written agreement, constituting an intentional suspension of the data-driven framework; or
is subject to any step towards its bankruptcy or liquidation.

On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.

Circumstances Beyond the Control of Either Party

In the event of any failure by a party because of something beyond its reasonable control:

the party will advise the other party as soon as reasonably practicable; and
the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).

Privacy

Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation (EU 2016/679) with regard to your personal, metabolic, and psychometric information.

These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy Policy and Cookie Policy. For the purposes of these Terms and Conditions:

‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
‘GDPR’ means the UK General Data Protection Regulation and the Data Protection Act 2018 (DPA 2018).
‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

We are a Data Controller of the Personal Data we Process in providing the Services to you. Where you supply Personal Data to us so we can provide Services to you, and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:

before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
we will only Process Personal Data for the purposes identified;
we will respect your rights in relation to your Personal Data; and
we will implement technical and organisational measures to ensure your Personal Data is secure through pseudonymisation and multi-layer encryption.

For any enquiries or complaints regarding data privacy, you can e-mail: [email protected].

Excluding Liability

The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g., loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services wholly or mainly for your business, trade, craft or profession.

Governing Law, Jurisdiction and Complaints

The Contract (including any non-contractual matters) is governed by the law of England and Wales. Disputes can be submitted to the jurisdiction of the courts of England and Wales, without prejudice to any mandatory local consumer protection regulations applicable in the Customer’s country of residence.

We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.

We aim to follow these codes of conduct, copies of which you can obtain as follows:
Code of Ethics and Conduct – British Psychological Society; Ethical Principles of Psychologists and Code of Conduct – American Psychological Association available from https://www.bps.org.uk/guideline/code-ethics-and-conduct
https://www.apa.org/ethics/code

Attribution

These Terms and Conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).