Booking terms and conditions

1. Introduction

1.1 Bookings made through our website, and our and your rights and obligations in relation to such bookings, are governed by these terms and conditions.

1.2 By booking on our website you are giving your express agreement to these terms and conditions.

1.3 Any statutory rights that you may have as a consumer are not affected by these terms and conditions.

2. Interpretation

2.1 In these terms and conditions:

(a) "we" means The Swish Mind Ltd (and "us and "our" should be construed accordingly);

(b) "you" means our customer or prospective customer under these terms and conditions (and "your" should be construed accordingly);

(c) "booking" means a booking in respect of Services or Programmes, which may be made by you under these terms and conditions; and

(d) "force majeure event" means an event that is, or a series of related events that are, beyond our reasonable control.

3. Prices

3.1 Our prices are quoted on our website.

3.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

3.3 Where VAT is payable this will be indicated prior to payment.

4. Payments

4.1 You must pay the applicable prices for your bookings during the checkout procedure.

4.2 Payments may be made by Credit / Debit card and are processed via Stripe our payment processor.

5. Variation of booking

5.1 You may change your booking up to 48 hours before your appointment using the automated booking system. If you wish to change your booking less than 48 hours before the booking start time please contact us.

5.2 We may change your booking up to 48 hours before your appointment using the automated booking system. If we wish to change your booking less than 48 hours before the booking start time we will contact you.

6. Cancellation of bookings by us

6.1 We may cancel a booking under these terms and conditions: (a) at least 48 hours before the services or event in respect of which the booking was made begins.

6.2 We will give you written notice of any contract cancellation under this Section 6.

6.3 If we cancel a contract under these terms and conditions in accordance with this Section 6, you will be entitled to a full refund of the price paid under that contract.

7. Cancellation of bookings by you

7.1 Any rights you may have under this Section 7 are additional to your statutory rights.

7.2 You may cancel a booking under these terms and conditions: (a) at least 48 hours before the services or event begins, in which case you will be entitled to a refund of 90% of the price paid under a contract under these terms and conditions. (a) less than 48 hours before the services or event begins, in which case you will be entitled to a refund of 75% of the price paid under a contract under these terms and conditions.

7.3 Save as provided in this Section 7, specified elsewhere in these terms and conditions or mandated by law, you will not receive any refund upon the cancellation of a booking under these terms and conditions.

8. Warranties and representations

8.1 You warrant and represent to us that: (a) you are legally capable of entering into binding contracts; (b) you have full authority, power and capacity to agree to these terms and conditions; and (c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.

8.2 We warrant to you that any services we may supply to you under these terms and conditions or in connection with a booking will be supplied with reasonable care and skill.

8.3 All of our warranties and representations relating to bookings are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 11.1, all other warranties and representations are expressly excluded.

9. Limitations and exclusions of liability

9.1 Nothing in these terms and conditions will: (a) limit or exclude any liability for death or personal injury resulting from negligence; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions: (a) are subject to Section 9.1; and (b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

9.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

9.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

9.5 We will not be liable to you in respect of any loss or corruption of any data, database or software

9.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

9.7 Our aggregate liability to you in respect of a contract under these terms and conditions shall not exceed the greater of: (a) £2000; and (b) the total amount paid and payable to us under that contract.

10. Force majeure

10.1 If a force majeure event gives rise to a failure or delay in us performing any obligation under these terms and conditions, that obligation will be suspended for the duration of the force majeure event.

10.2 If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing any obligation under these terms and conditions, we shall: (a) promptly notify you; and (b) inform you of the period for which it is estimated that such failure or delay will continue.

10.3 If the performance of our obligations under these terms and conditions is affected by a force majeure event, we shall take reasonable steps to mitigate the effects of the force majeure event.

11. Indemnity

11.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of any breach by you of these terms and conditions.

12. Variation

12.1 We may revise these terms and conditions from time to time by publishing a new version on our website.

12.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

13. No waivers

13.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

13.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

14. Severability

14.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

14.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

15. Third party rights

15.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

15.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

16. Law and jurisdiction

16.1 These terms and conditions shall be governed by and construed in accordance with English law.

16.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

17. Statutory and regulatory disclosures

17.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

17.2 These terms and conditions are available in the English language only.

18. Entire agreement

18.1 These terms and conditions, together with our Policies included on our Legals page on our website and, where applicable, any specific coaching or services agreement we may agree in respect of services to be provided, shall constitute the entire agreement between you and us in relation to your use of our website and services.

19. Our details

19.1 This website is owned and operated by The Swish Mind Ltd.

19.2 We are registered in England and Wales under registration number 13510635, and our registered office is at 7 Bell Yard, London, WC2A 2JR.

19.3 You can contact us using the contact details on our website.