TERMS & CONDITIONS
These are the terms and conditions for the use of our website at www.divinesoulclinic.com (our site) and for our supply of any of the distance learning courses (Courses) listed on our site. By using our site or ordering any of our Courses, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use our site.
1.INFORMATION ABOUT US
1.1 www.divinesoulclinic.com is a website operated by the DIVINE SOUL CLINIC International Institute for Holistic Therapies Lda registered in Portugal under company number NIPC 513590498. Our trading addresses are as posted on the Contact Us page of this website. No VAT is payable on our courses.
2. ACCESSING OUR WEBSITE
2.1 Whilst we shall use all reasonable endeavours to ensure that our site is available at all times, we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable.
3.ENROLLING FOR COURSES
3.1 By placing an order to enrol on a Course through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
4. HOW THE CONTRACT IS FORMED
4.1 After placing an order to enrol on a Course, you will receive an e-mail from us acknowledging that we have received your order. Your order constitutes an offer to us to buy a Course. All orders are subject to acceptance by us, when we will send you an e-mail confirming that we have accepted your application to join a Course (the Welcome Letter). The contract between us (Contract) will only be formed when we send you the Welcome Letter.
4.2 If you have asked us to supply more than one Course, the same acceptance procedure will apply to each individual Course.
5. PRICE AND PAYMENT
5.1 The price of any Courses are as quoted on our site from time to time, except in cases of obvious error. We do not charge extra for delivery by email. No VAT is payable on our courses.
5.2 Prices are liable to change at any time, but changes will not affect orders where we have already sent you a Welcome Letter.
5.3 Our site contains a large number of Courses and it is always possible that, despite our best efforts, some of the Courses may be incorrectly priced. We will normally verify prices as part of our Welcome Letter. We are under no obligation to provide the Course to you at the incorrect (lower) price, even after we have sent you a Welcome Letter, if the pricing error is obvious and unmistakeable.
5.4 Payment for all Courses may be made by the means detailed elsewhere on our site.
5.5 Where we have agreed credit terms, if you fail to pay us any sums when due, we may:
(a) suspend the provision of, or access to, Courses or Course Materials to you until full payment has been made;
(b) refuse to award diplomas and/or certificates for any Course you have completed until full payment of all sums owing to us;
(c) charge you interest on the overdue sum at a rate of 4% per annum above the base rate from time to time of the Bank of Portugal, from the due date until the date of actual payment (including after any judgment). Such interest shall accrue on a daily basis and be compounded quarterly.
6. YOUR RIGHTS OF CANCELLATION
6.1 Please note that if you are a consumer you have a cooling off period in which you can withdraw from the Contract for any reason, subject to the provisions of clause 6.3 below. This cooling off period ends seven working days from the day after the Contract was concluded and you receive our Welcome Letter in accordance with clause 4.1 above. If you wish to cancel your order you must notify us within the prescribed period by email.
6.2 To cancel a Contract, you must inform us in writing.
6.3 If you are a consumer, the cooling-off period and the right to cancel a Contract will not apply where:
(a) a Course or Course Materials has been issued to you.
(b) you have already opened any email attachment or sealed envelope (intensive courses and practical workshops) containing Course Materials.
6.4 Courses cancelled by you within the seven-day cooling-off period will be refunded minus administration charges. However, you will be responsible for the cost of returning Hard Copy Course Materials (intensive courses and practical workshops) by post, to us.
6.5 We will usually refund any money received from you using the same method used by you for payment.
6.6 Any cancellations of, or refunds, for Courses other than in accordance with the cooling-off period referred to above, will be at our sole discretion and administration charges apply.
6.7 If you want to transfer to a different Course, we make a nominal charge for this.
6.8 This clause 6 does not affect your statutory rights.
7. PROVISION OF COURSE MATERIALS
7.1 At appropriate times during your course we will, at our sole discretion, provide you with the use of such materials as we deem necessary to complete the course (Course Materials), once we have accepted your order and you have paid. All course materials remain the property of DIVINE SOUL CLINIC International Institute for Holistic Therapies Lda.
7.2 Unless there are exceptional circumstances your order for a Course will normally be fulfilled as soon as reasonably possible where the Course Materials are sent to you by email three lessons at a time.
8. TUTOR MARKED ASSIGNMENTS
8.1 Where the Course for which you have enrolled includes the marking of your Course assignments by tutors (Tutor Marked Assignments), the provisions of this clause 8 apply.
8.2 Whilst we shall use all reasonable endeavours to return Assignments to you (usually by email) within four working days of receipt, such timescale is for guidance only and we shall not be responsible for delays owing to holiday periods, sickness or other causes outside our reasonable control. The costs of returning Assignments to you is included in your Course fee.
8.3 We shall not be liable for any losses of Assignments sent to us and you are recommended to make copies of all items prior to sending them.
9. YOUR REGISTRATION
9.1 Each registration provided when you enrol on a Course is for a single user only. You are not permitted to share your Course Materials with any other person nor with multiple users. Responsibility for the security of any Course Materials rests with you. Where a password has been issued to you, if you know or suspect that someone else knows your password, you should contact us immediately.
9.2 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of these terms and conditions.
10. OUR RIGHTS OF CANCELLATION
10.1 We reserve the right to refuse to accept you for Courses or to stop providing the Course Materials to you or to terminate your licence to access particular Courses immediately if you fail to comply with any of these terms and conditions or your previous actions give us reasonable grounds to believe that you may fail to do so in the future.
10.2 If we exercise the right given by clause 10.1 we shall notify you via email and will immediately suspend your access to the Courses and/or Course Materials.
11. OUR LIABILITY
11.1 We do not make any commitment that the content of any Course will meet any specific requirements you have and you are required to take reasonable steps to verify that the Course will meet your needs.
11.2 We do not make any commitment to you that you will obtain any particular result from your receipt of the Courses or that you will obtain any particular qualification from your receipt of the Course, unless otherwise stated by us. We do not give any warranties that you will be in a position to obtain a particular role or remuneration as a result of your taking part in any of our Courses.
11.3 We are not responsible to you for any data that you lose either as a result of accessing the Course Materials or during the completion of any Course, although we may resend any lost lessons to you by email at our discretion. You must ensure that you regularly save and back up all data used for completing the Course.
11.4 Whilst we endeavour to ensure that the information on this site is correct, we do not warrant the accuracy and completeness of the material on this site. We may make changes to the material on this site, or to the products, services and prices described in it, at any time without notice. The material on this site may be out of date, and we make no commitment to update such material.
11.5 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this site.
11.6 Our liability in connection with any Course purchased through our site is strictly limited to the purchase price of that Course.
11.8 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11.9 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of these terms and conditions by you, or your use of this site, or the use by any other person using your registration details.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 We are the owner or the licensee of all intellectual property rights in our site, in the material published on it, and in our Courses and Course Materials. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
12.2 In consideration of your Course fee, we grant to you a non-exclusive, non-transferable licence for you to use the Course Materials for the sole purpose of your non-commercial home or work use in connection with your receipt of the Course.
12.3 As such, you may make copies of the Course Materials for viewing for your own personal use and you may print off one copy, and may download extracts, of any page(s) from our site for your personal use.
12.4 You must not allow access to, or copies of, the Course Materials to any third party or use any part of the Course Materials for commercial purposes without obtaining a written licence to do so from us.
13. RELIANCE ON INFORMATION POSTED
13.1 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
14. OUR SITE CHANGES REGULARLY
14.1 We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
15. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
16. PROHIBITED USES
17. LINKS FROM OUR SITE
17.1 Links to third party websites on this site are provided solely for your convenience. If you use these links, you leave this site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability and you use such third party websites entirely at your own risk.
18. WRITTEN COMMUNICATIONS
18.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
19.1 All notices given by you to us must be given to the DIVINE SOUL CLINIC International Institute for Holistic Therapies Lda at the appropriate email or postal address given on the Contact Us page on this site or in your Welcome Letter.
19.2 We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 18. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the most recently specified e-mail address of the addressee.
20. TRANSFER OF RIGHTS AND OBLIGATIONS
20.1 The Contract between you and us is binding on you and on us and on our respective successors and assigns.
20.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, or any Course or Course Materials without our prior written consent.
20.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
20.4 Only the parties to a Contract may seek to enforce its terms.
21. EVENTS OUTSIDE OUR CONTROL
21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract caused by events outside our reasonable control (Force Majeure Event).
21.2 A Force Majeure Event includes, but is not limited to, any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: any industrial dispute affecting any third party, governmental regulations, fire, flood or other environmental disaster, power cut or electrical failure, theft of computers or related equipment, hostile computer act, telecommunications or internet failures, non-availability of third party data centres, acts of terrorism, civil riot or war.
21.3 Our duty of performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
22.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
22.2 A waiver by us of any default shall not constitute a waiver of any further default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 19 above.
23.1 If any of these terms and conditions or any provisions of a Contract are deemed by any competent authority to be invalid, unlawful or unenforceable, such term, condition or provision will to that extent be severed from the remaining terms and conditions, which will continue to be valid to the fullest extent permitted by law.
24. ENTIRE AGREEMENT
24.1 These terms and conditions and any document or webpage referred to in them, set out the entire agreement between us in relation to any Contract. They supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
24.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from negotiations between us prior to such Contract, except as expressly stated in these terms and conditions.
24.3 Neither of us shall have any remedy in respect of any untrue statement made by the other prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
25. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
25.1 We have the right to revise and amend these terms and conditions from time to time.
25.2 You will be subject to the policies and terms and conditions in force when you order a Course from us, unless we are required to make any change to comply with any laws (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Welcome Letter (where we shall assume that you have accepted the change, unless you notify us otherwise within seven working days of receipt by you of the Course).
26. LAW AND JURISDICTION
26.1 These terms and conditions and any Contracts for the purchase of Courses from our site will be governed by the European and Portuguese Trading Laws. Any dispute arising from, or related to, such terms and conditions or Contracts shall be subject to the non-exclusive jurisdiction of the courts of Portugal and Europe, although we retain the right to bring proceedings against you for breach in your country of residence or any other relevant country.
26.2 If you access this site from locations outside the European Union, you do so at your own risk and you are responsible for compliance with EU laws.