This agreement governs your use of The Nest Club website, accessible at www.thenestclub.co.uk (Website) and any goods or services made available through the Website. By using the Website, you agree to be bound by this agreement which forms a binding contractual agreement between you, the Client, and us, The Life Cycle Therapy Co Limited trading as The Nest Club a company registered in England and Wales under company number: 11478832 with registered office 85 Great Portland Street, London, England, W1W 7LT (The Nest Club, we or us).

In this agreement, when we refer to:

(a)   “the Client”, we are referring to you, the individual booking Sessions via our Website, or if you are acting in the capacity as a duly authorised representative of a company, then that company;

(b)   “Sessions”, we are referring to appointments and sessions with Therapists available through the Website;

(c)    “Therapists”, we are referring to the counsellors, psychologists, psychotherapists, coaches and other providers providing the Sessions on the Website; and

(d)   “Users”, we are referring to all users of the Website, including without limitation you (as a customer), and other customers.

YOUR KEY INFORMATION

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after booking services, in some cases, you can change your mind and get a full refund.

The Consumer Rights Act 2015 (applicable in the United Kingdom) requires that all services available on the Website are as described, fit for purpose and of satisfactory quality and so nothing in these terms affects statutory rights.

This is a summary of some of your key rights in the United Kingdom. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.

The information above summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.

If you have any questions about this contract or any orders you have placed, please contact us by sending an email to: hello@thenestclub.co.uk.

1 ACCOUNTS

(a)               In order to use some functionalities of the Website, you may be required to sign-up, register and receive an account through the Website (an Account).

(b)               As part of the Account registration process and as part of your continued use of the Website, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, payment information, and other information as determined by The Nest Club from time to time.

(c)                You warrant that any information you give to The Nest Club in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.

(d)               Once you complete the Account registration process, The Nest Club may, in its absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.

(e)               The Nest Club reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.

(f)                 The Nest Club may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

2 BOOKING AND FEES

You acknowledge and agree that:

(a)               if you purchase or book Sessions (including blocks of Sessions or gift vouchers for Sessions) (Purchase) on the Website, that will constitute your entry into a contract with us;

(b)               if you book or purchase multiple Sessions, whether or not the Sessions are from different Therapists, each Session will constitute a separate booking and may be cancelled by the respective Therapist if that Therapist is unable to provide the Session to you; and

(c)                for each Purchase, you must pay the price listed for the relevant Session or gift voucher on the Website (which you will be notified of at checkout) (Price).  

3 SERVICES

3.1               THERAPISTS

(a)               At The Nest Club, we are able to offer access to therapy to more people by offering different levels of Therapists based on qualification and experience; qualified, accredited and registered Therapists as well as trainee Honorary Therapists.

(b)               All our qualified Therapists have had extensive training and are registered/accredited with professional bodies such as the BACP, UKCP, HCPC, NCS or other. All have done a significant number of therapy hours working with clients from different backgrounds, ethnicities, age groups and professions.

(c)                All Therapists will be receiving regular clinical supervision and be compliant with all the practice and legal requirements of their professional, registering and accrediting bodies. This means they will discuss their caseload with an experienced supervisor in complete confidence. We work with some of the most experienced and renowned supervisors in the world of mental health.

(d)               Our Therapists adhere to the governing ethical standard which applies to their services.

(e)               You can view the qualifications, registrations and experience of our Therapists on the Website.

3.2               HONORARY THERAPISTS

(a)               Where appropriate we offer Sessions with honorary Therapists (Honorary Therapists) who are in the process of obtaining their qualifications.

(b)               Our Honorary Therapists are selected from university/training programmes that offer the best training out there. They are required to be members of at least one of the professional bodies mentioned above and have already completed a significant number of client therapy hours.

(c)                Our Honorary Therapists shall be supervised by fully qualified and registered Therapists.

(d)               Honorary Therapists are required to share Client information with their supervisors to ensure safe and ethical practice.

(e)               All information shall be kept confidential and protected as set out in these terms and conditions and in our privacy policy.

(f)                 Honorary Therapists may be required to share anonymised information about their services with their training institutions for therapy hours, supervision hours, and proficiency standards.

3.3               COUPLES

(a)               We may offer couple sessions, where two or more individuals can receive the Sessions together (Couple Session).

(b)               By booking a Couple Session, you acknowledge and agree that the other member of your couple will receive the Sessions and may receive personal (including sensitive) data that you share with your Therapist during the Couple Session.

(c)                Each individual (including each person in a couple) must set up and maintain their own Account.

(d)               The provision of Couple Sessions may be denied if either member is already engaged in a therapeutic relationship with the Therapist or has been so in the 12 month period prior to the start of therapy. However, should one party want to continue work on an individual basis once couples therapy is complete, there is no ethical issue.

(e)               The couple seeking relationship therapy should agree a point of contact for telephone conversations, and where email and/or texting is used, all parties should be copied, wherever possible.

(f)                 If one person cannot attend a Couple Session, where both individuals are expected, then it will not be appropriate for the person who is available to attend alone. Your Therapist reserves the right to cancel a Couple Session if one member of the couple does not attend, and no refund shall be given.

4 PAYMENT

(a)               (Payment obligations) Unless otherwise agreed in writing you must pay the Price for all Sessions to The Nest Club at the time you book a Session/s.

(b)               (Third Party Payment Platform) The Nest Club processes payments through a Third Party Payment Platform as set out in clause 7(i). In addition to this agreement, your purchase of any Sessions via the Website will be subject to the terms and the privacy policy of the Third Party Payment Platform that you choose to pay with via the Website.

(c)                (Release) You agree to release The Nest Club and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Third Party Payment Platform, including any issue with security or performance of the Third Party Payment Platform or any error or mistake in processing your payment.

5 CANCELLATIONS

5.1               CANCELLATION BY THE THERAPIST

(a)               The Nest Club will have no liability or obligation to you if a Therapist cancels a Session at any time.

(b)               Subject to clause 5.1(c), if a Therapist cancels a Session, then you will be refunded the Price paid in respect of the Session.

(c)                Therapists reserve the right to cancel a Session, and no refund shall be provided if:

(i)                 You attend under the influence of drugs or alcohol; or

(ii)                You act in a way that breaches these terms and conditions, including presenting threatening or disruptive behaviour.

5.2               CANCELLATIONS BY YOU

(a)               You must provide us with no less than 48 hour’s written notice prior to the Session start time if you require a change to your Session (including rescheduling or cancelling). If you fail to provide the required notice, we reserve the right to keep any Fees paid for the Session.

(b)               You must provide as much notice as possible to your Therapist of any upcoming holiday and/or breaks which may affect any ongoing Sessions.

5.3               TECHNICAL ISSUES

Virtual Sessions may encounter technical issues, such as problems connecting via the chosen video conferencing medium. Your Therapist will contact you before the Sessions are due to start and if you are unavailable will try again a few minutes later. If we are unable to deliver due to technical issues our end we will do our best to reschedule the Sessions.

5.4               BOOKINGS THAT CAN BE CANCELLED FOR CHANGE OF MIND

(a)               For many contracts for the sale of services you have the right to cancel your booking of those services without giving any reason.

(b)               This cancellation period will expire after 14 days from the day on which you place the Session, unless the Session is scheduled during that time in which case we require

(c)                To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement to us in writing, for example by emailing us using the contact details available on the Website.

(d)               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.

5.5               CONSUMER RIGHTS

(a)               Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this agreement. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:

(i)                 contact us using the contact details on our site; or

(ii)                visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.

(b)               Nothing in these terms affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights under law.

(c)                If you feel the services provided as part of a Session are ‘faulty’, please contact us via the Website.

6 ELIGIBILITY

(a)               This Website is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Website. By using the Website, you represent and warrant that you:

(i)                 are a resident of the United Kingdom;

(ii)                have not been suspended or prohibited from using the Website; and

(iii)               are either:

• over the age of 18 years and accessing the Website for personal use; or

• accessing the Website on behalf of someone under the age of 18 years old and consent to that person’s use of the Website.

(b)               Please do not access the Website if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Website.

(c)                If you use the Website on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” and “Client” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Website on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

7 YOUR OBLIGATIONS

As a Client, you agree:

(a)               not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or Therapist or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;

(b)               to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify The Nest Club of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Website’s security;

(c)                to not use the Website for any purpose other than for the purpose of making arrangements to receive Sessions, including:

(i)                 you must not use the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job or a sale which includes illegal goods, activities or purposes); and

(ii)                you must not use the Website in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by The Nest Club;

(d)               not to act in any way that may harm the reputation of The Nest Club or associated or interested parties or do anything at all contrary to the interests of The Nest Club or the Website;

(e)               you must not make any automated use of the Website and you must not copy, reproduce, translate, adapt, vary or modify the Website without the express written consent of The Nest Club;

(f)                 that The Nest Club may change any features of the Website or services offered through the Website at any time without notice to you;

(g)               that information given to you through the Website, by The Nest Club or another User including a Therapist, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information;

(h)               that The Nest Club may cancel your account at any time, including if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause and;

(i)                 that you will be required to use a Third Party Payment Platform in making or receiving any payments via the Website (Third Party Payment Platform), you warrant that you have read, understood and agree to be bound by the relevant Third Party Payment Platform’s terms of use, being:

(i)                 at present Stripe, and Stripe’s terms are available at https://stripe.com/gb/legal; and

(ii)                the terms of use of other third party payment portals or other payment methods from time to time, that will be available on other payment portal websites.

8 SERVICE LIMITATIONS

The Website is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that The Nest Club cannot and does not represent, warrant or guarantee that:

(a)               the Website will be free from errors or defects;

(b)               the Website will be accessible at all times;

(c)                messages sent through the Website will be delivered promptly, or delivered at all;

(d)               information you receive or supply through the Website will be secure or confidential; or

(e)               any information provided through the Website is accurate or true.

9  INTELLECTUAL PROPERTY

(a)               The Nest Club retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.

(b)               You may make a temporary electronic copy of all or part of the Website Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website Content without prior written consent from The Nest Club or as permitted by law.

(c)                In this clause 9, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement worldwide.

10 THIRD PARTY CONTENT

The Website may contain text, images, data and other content provided by a third party and displayed on the Website (Third Party Content). The Nest Club accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

11 THIRD PARTY TERMS

(a)               Any service that requires The Nest Club to acquire goods and services supplied by a third party on behalf of the Client (including a third party payment service, like the Third Party Payment Platform may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.

(b)               Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing The Nest Club to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.

12 SECURITY

The Nest Club does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Website. You should take your own precautions to ensure that the process you employ to access the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference.

13 DISCLAIMER & LIABILITY

(a)               (No guarantee of results) Many factors will be important in determining whether you achieve the desired results from Sessions including your commitment and efforts during and between the Sessions. There is no guarantee that you will be able to achieve a particular outcome or goal (whether communicated to us or not) within any timeframe or at all.

(b)               (Reliance on information) Any information provided on our Website is general in nature and may not have considered your individual needs and circmstances. You should not rely on such information and should obtain professional advice should you choose to rely on any information. We make no representation or guarantee that our Sessions will be useful or relevant to you or that by applying any ideas, recommendations, methods or techniques in the Sessions you will achieve any particular outcomes. You should not act on any information provided before you have formed your own opinion through investigation and research as to the suitability of such information for your circumstances.

(c)                (Risk) We are not responsible for any of your actions, decisions or choices and any methods and techniques implemented by you in relation to your affairs are done so at your own risk.

(d)               (Not medical advice) The Sessions are not offered as a substitute for medical care and if you have any urgent medical needs you should seek medical assistance. You are fully responsible for your own well-being during the Sessions including your own actions and decisions.

(e)               (Limitation of liability) To the maximum extent permitted by applicable law, The Nest Club excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Website or its use or any Sessions provided by any Therapist. This includes the transmission of any computer virus.

(f)                 (Indemnity) You agree to indemnify The Nest Club and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives:

(i)                 breach of any term of this agreement;

(ii)                use of the Website; or

(iii)               your receipt of services including any Sessions.

(g)               (Consequential loss) To the maximum extent permitted by law, under no circumstances will The Nest Club be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Website, this agreement or their subject matter, or any services provided by any Therapist (except to the extent this liability cannot be excluded at law.

(h)               To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under agreement including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.

14 CONFIDENTIALITY

(a)               Subject to clause 14(b), all Confidential Information you disclose to us as part of the Sessions shall be kept confidential.

(b)               This clause does not apply to:

(i)                 information which is generally available to the public (other than as a result of a breach of these terms or another obligation of confidence);

(ii)                information required to be disclosed by any law or regulation, or if there is a serious risk of harm to you or others which requires us to disclose – see clause 14(c) for more details;

(iii)               information disclosed by The Nest Club to its subcontractors, independent contractors (including Therapists), officers, directors, employees, cloud storage providers, agents or professional advisers for the purposes of providing the Session or its obligations under this agreement; or

(iv)               disclosures by Therapists as part of their accreditation or supervision obligations, as set out in clause 14(c).

(c)                If you and your Therapist meet unexpectedly outside of the Sessions, full discretion will be maintained and there will be no approach or contact.

(d)               Your GP or any other health professional will not be contacted without your permission or knowledge unless there is serious risk of harm. If you reveal during your sessions that someone else is at risk, you will be encouraged and supported to take necessary action. If you are unable or unwilling to do so, the Therapist reserves the right to break confidentiality and contact the relevant agency.

(e)               In accordance with the British Association of Counselling & Psychotherapy (BACP) guidelines, psychotherapists are required to have monthly clinical supervision. From time to time, your case may be discussed by a Therapist with their clinical supervisor; this is standard practice and supports the work in therapy. The clinical supervisor is also bound by a code of ethics and sessions are in the same way, completely confidential.

(f)                 For the purposes of this clause 14, “Confidential Information” means information of or provided by the Client to The Nest Club or a Therapist (including Honorary Therapists) as part of the services being provided including but not limited to providing the Sessions, but does not include information which is or becomes, without a breach of confidentiality, public knowledge.

15 PRIVACY

(a)               We collect personal information about you for the purpose of providing you with an Account and the Sessions.

(b)               You agree to be bound by the clauses outlined in The Nest Club’s Privacy Policy, which can be accessed here <link>.

(c)                We share personal information we collect about you with your Therapist.

(d)               Your Therapist may also collect, separately from The Nest Club, special category or sensitive data about you as part of providing you the Sessions, such as health data.

(e)               Therapists are responsible for their own client notes. We require all Therapists to ensure that client information is stored securely and separate from personal data forms, kept confidential and comply with UK General Data Protection Regulations.

16  TERMINATION

(a)               The Nest Club reserves the right to terminate a User’s access to any or all of the Website and any Sessions at any time without notice, for any reason.

(b)               Users may terminate their Account on the Website at any time by using the Website’s functionality where such functionality is available. Where such functionality is not available, The Nest Club will effect such termination within a reasonable time after receiving written notice from the User.

(c)                Notwithstanding termination or expiry of your Account or this agreement, the provisions of clause 13 and any other provision which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

17  RECORD / AUDIT

To the extent permitted by law, The Nest Club reserves the right to keep all records of any and all transactions and communications made through this Website between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving The Nest Club.

18  NOTICES

A notice or other communication to a party under this agreement must be:

(a)               in writing and in English; and

(b)               delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of this agreement as at the date of this agreement. The parties may update their Email Address by notice to the other party.

(c)                Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i)                 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii)                when replied to by the other party, whichever is earlier.

19  VAT

Unless otherwise indicated, amounts stated in on the Website do not include VAT. In relation to any VAT payable for a taxable supply by a Therapist or The Nest Club, you must pay the VAT subject to receiving a tax invoice.

20 GENERAL

20.1            GOVERNING LAW AND JURISDICTION

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

20.2            WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

20.3            THIRD PARTY RIGHTS

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

20.4            SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

20.5            JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

20.6            ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

20.7            COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

20.8            ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

20.9            INTERPRETATION

(a)               (singular and plural) words in the singular includes the plural (and vice versa);

(b)               (gender) words indicating a gender includes the corresponding words of any other gender;

(c)                (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d)               (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e)               (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f)                 (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(g)               (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(h)               (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i)                 (includes) the word “includes” and similar words in any form is not a word of limitation;

(j)                 (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and

(k)                (currency) a reference to £ or GBP is to pound sterling currency unless otherwise agreed in writing

Updated 6th April