Website Terms and Conditions

IMPORTANT: Access to this website is subject to the below Website Terms and Conditions (“Terms”) and also our Website GDPR Privacy Statement (click here for details) and our Cookie Policy (click here for details). If you don’t want to be subject to these Terms, Website GDPR Privacy Statement and our Cookie Policy you should not access or use this site in any way.

 

 

 

CONTENTS

 

1          ABOUT US AND HOW TO COMMUNICATE WITH US

 

2          WELCOME! AND SUMMARY OF HOW TO USE OUR SITE…

 

3          ACCESS TO THIS SITE IS SUBJECT TO THESE TERMS +  PRIVACY STATEMENT + COOKIE POLICY

 

4          INTELLECTUAL PROPERTY RIGHTS

 

5          WEBSITE ENQUIRIES, “CONTACT US” FORMS,  ASSESSMENT SESSIONS AND CANCELLATIONS

 

6          BLOG SECTION

 

7          DISCLAIMERS AND EXCLUSIONS

 

8          YOUR INDEMNITIES AND WARRANTIES

 

9          MENTIONING THIRD PARTIES’  WEBSITES,  PRODUCTS AND SERVICES

 

10        LINKING TO THIS WEBSITE AND SOCIAL MEDIA “SHARING”

 

11        CHANGES TO THESE TERMS

 

12        GOVERNING LAW AND WRITTEN CONSENT

 

 

 

1         ABOUT US AND HOW TO COMMUNICATE WITH US

 

 

 

1.1   This entire website (www.abbottandyang.co.uk) including but not limited to all of its pages, content, artwork, logos,  blog section,  and these Website Terms and Conditions (“Terms”)    is owned and operated by Abbott & Yang, a partnership, the partners being  Keith Abbott and Kaiqing Yang  (“we”,  “us”, “our”, “ourselves”).

 

1.2   After you have contacted us through this website or otherwise (such as by a directory listing or by telephone), when we reply we will provide you with a direct email address and / or telephone number you should use for future communications with us. When you have been provided with such an email address and / or telephone number, there is no need to contact us again using any directory listings or our website form unless you believe the other ways of communicating with us are not working.

 

1.3   Our office address, for written (paper) correspondence only, is Abbott & Yang, Room C16, The Ingenuity Centre, Triumph Road, Nottingham NG7 2TU. Please do not use this address for routine or urgent correspondence with us once you have become a client or for  enquiries about our services before you become a client. So far as possible, we run our business paperless using email, telephone and texts.

 

 

 

 

 

2         WELCOME! AND SUMMARY OF HOW TO USE OUR SITE…

 

 

 

 

 

2.1   We’re sorry that the world is such that we have to add such wordy, legalistic terms to our website, and point visitors to things like cookie policies and privacy statements. We therefore thought we’d start with some  positive “terms” about how this site is intended to work for you and how we hope and intend you’ll use it.

 

2.2   There is both a lot “about us” and a lot “of us” in this website. This isn’t because we’re egotistical or narcissistic. Choosing a counsellor / psychotherapist is a very personal thing. This site shows you who we are. If you move around the site you will get to know us a little.  Unlike a lot of counsellors, we are a partnership and the content and photos used in the site are bespoke to us, mostly produced by or specifically for us rather than stock images or text copied and adapted from someone else’s website. We’re proud of this site and would be equally proud and honoured to help you, especially if you come to us this way.

 

2.3   This site is primarily intended for people aged 18 or older who are resident in (though not necessarily nationals of) the United Kingdom who are visiting it as our potential counselling / psychotherapy clients. Our blog section is intended to be interesting and we hope inspirational for such people as well as the public at large. Our site isn’t intended to be an academic learning resource or source of materials or templates for students or other counsellors.

 

2.4   So, our hope and intention is that most people who access this site will do so for  their own personal, often very private purposes. We hope those people will find the site of some use in deciding whether or not to approach us as potential clients, and of some inspiration in their lives in general.

 

2.5   After contacting us through this site many people make an appointment to have a first / assessment session with us. The first session usually takes place in person though we can also begin by telephone or other audio/video/electronic text-based  chat for clients  we are unable to easily meet in person at the outset.  We are naturally very pleased when people arrange a first meeting, not least because we are here to help people through our service. However, it’s important for us to point out that just as booking a first session does not involve a person in any further commitment or obligation to book further sessions, likewise booking an assessment does not make a person an established counselling client. This is a key difference of the assessment session – its purpose is for both you and us to decide if we can work together well on your issues. Generally, unless the circumstances are highly exceptional, we are happy to accept most people as clients so the choice will most likely be yours.  You may agree to become our counselling client at this first meeting after we have taken more personal details from you and given you more details about us, and book and pay for further sessions if you wish. It is from that point that our counselling relationship “proper” begins although of course technically and legally by booking an assessment you first became a client of our services in a more limited sense.

 

2.6   For those visitors who do eventually become clients, many of these Terms will be replaced and/or supplemented by  a separate personal counselling agreement provided at the assessment session.  That agreement will cover things like confidentiality and emergency contact information.

 

2.7   For all visitors to this website who get in touch with us after seeing it,  please exercise caution and responsibility in how much detail you go into about your issues when using our Contact Us forms, or indeed when communicating with us in any way using text, email, telephone or other ways that aren’t face-to-face.  We wish to highlight that no form of remote communication should be regarded as completely private. In particular, the internet never allows complete privacy and anonymity and enquiries from our Contact Us forms come to us having been relayed from your computer or phone through various wires and servers, including  those of your and our Internet Service Providers and our website and email hosts’ servers. We don’t pretend to be experts on such things but the degree of privacy is obviously much less than you should expect in a face-to-face counselling session.

 

2.8   A further caution:  please do not treat our website contact details or contact us forms as an emergency service similar to dialling 999.  We provide our clients with other ways of contacting us in times of crisis and cannot extend that same degree of service to, potentially, the whole world.

 

 

 

 

 

 

 

3         ACCESS TO THIS SITE IS SUBJECT TO THESE TERMS +  PRIVACY STATEMENT + COOKIE POLICY

 

 

 

3.1   Access to this website (including, in whole or part, any or all of the content and the services  provided by, referred to or made possible by this site, including but not limited to use of “contact us” web forms) is subject to these Terms  and also our  Website GDPR Privacy Statement and also our Cookie Policy.

 

3.2   By accessing this website you will be deemed to have read and accepted these Terms and our Website GDPR Privacy Statement and our Cookie Policy.

 

3.3   If  you have not read and / or do not agree with anything in these Terms and / or our Website GDPR Privacy Statement and /or our Cookie Policy then you do not have permission to access or make any use whatsoever of this website and / or any or all of its content and you should immediately leave this website and delete and make no further copies or use of all content from this site you may have hitherto downloaded/cached in whatever device you have used to access the website prior to leaving it. Nevertheless, you will still be subject to these Terms, our Website GDPR Privacy Statement and our Cookie Policy.

 

3.4   If any of these Terms (in whole or part, by sentence or paragraph or part thereof), Website GDPR Privacy Statement or Cookie Policy should be held by a Court of England and Wales to be uncertain in meaning, unenforceable or unlawful then the balance of these Terms Website GDPR Privacy Statement and Cookie Policy (including where the context allows the balance of any relevant sentence or paragraph) shall not automatically fail and shall be construed in accordance with their natural meaning as if the uncertain, unenforceable or unlawful wording were not present.

 

 

 

 

 

 

 

4         INTELLECTUAL PROPERTY RIGHTS

 

 

 

4.1   Before we get into more specific legal phrasing for our intellectual property rights,  in simple terms, please do not copy, reproduce or otherwise adapt anything on this website without first asking and obtaining our signed written consent.  This website and even these Terms are very personal to us and we wish to keep this so, flattering though it may sometimes be to be copied by others.

 

4.2   To the fullest extent permitted by law in England and Wales and internationally,  we assert our intellectual property rights in relation to this website and any or all of its content and pages.   In particular, but without limitation, we are the copyright owners through original authorship or   subsequent assignment of our (AY) logo, all bespoke photographs on the site including those of ourselves, and all graphical representations of our names and logo. Likewise, we are the original authors of or lawful assignees of the copyright in all written content on  this website, or  lawfully licensed to reproduce such content by way of permission, as the case may be.

 

4.3   In addition to asserting our copyright ownership in relation to this site and its content as explained above,    to the fullest extent permitted by law we assert and reserve to ourselves all of our related rights, our trade marks, our business names and domain names, our  rights in get-up, our goodwill and the right to sue for passing off, our rights in designs, our database rights, our rights to use and protect the confidentiality of confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

 

4.4   By accessing this site you specifically agree not to copy, reproduce, adapt, modify, create derivate works from, disseminate and / or publish in any way, transfer or sell any information or content from this site (including but not limited to content in which we have copyright)  or otherwise make use of this site and /or any of its content,  for any commercial purpose without our written and signed  consent.

 

4.5   Without prejudice to the generality of the forgoing, unless you have our signed written consent you are specifically prohibited from adapting  any of this website’s content (including blog posts, comments thereon, website page text, these Terms, our Website GDPR Privacy Statement, our Cookie Policy)  for your or any other business’s website, for your or any other counselling service’s website(s),  or for your or any other counselling service’s promotional or informational directory entries.

 

 

 

 

 

5         WEBSITE ENQUIRIES, “CONTACT US” FORMS,  ASSESSMENT SESSIONS AND CANCELLATIONS

 

 

 

5.1   Several pages of our website have contact forms towards their bottom, which people visiting the site can use to get in touch with us. Enquiries submitted to us using any of these online forms arrive in an email account common to all partners and staff in Abbott & Yang. Visitors should keep that in mind when using the website forms.

 

5.2   In contacting us through the contact us forms on this website and / or using any of the telephone numbers, email or postal addresses which may also be given on this website as means of contacting us, you warrant and represent that:

 

5.2.1        You are aged 18 or over;

 

5.2.2        You have provided us with your real name and been truthful about your contact details;

 

5.2.3        Any email address you provide us with so that we may reply to you is a valid address under your ownership, control or ability to access;

 

5.2.4        Any telephone number you provide us with so that we may reply to you is a valid number  under your ownership, control or ability to access;

 

5.2.5        Any other matters mention in your message(s) to us including without limitations your home address, country of domicile,  any explanation of your circumstances, and any reasons for contacting us are genuine. (Please note this does not mean you have to provide full and detailed information about your circumstances, just that what you do provide is genuine).

 

5.2.6        You are genuinely considering becoming a client of our practise or if not you that you have clearly and honestly stated the reasons you are contacting us and what you hope to gain from contacting us if not counselling,  psychotherapy or any form of coaching.

 

5.3   We reserve the right to pursue legal remedies against and / or  report and /or refer and / or  publish to appropriate authorities or third parties (including the world at large) all details we have of any non-genuine enquiries and the persons who send them. Non-genuine enquiries include but are not limited to those which in our absolute discretion: appear to us to breach any of the representations and / or warranties mentioned directly above; and / or seem to us to be of a harassing nature; and / or which do not seem to us to be enquiries from actual prospective clients. In the event we elect to pursue legal remedies, report, refer or publish to others any details of such enquiries and / or of the person(s) making them,  you agree to waive any confidentiality or privacy rights you may otherwise enjoy that would otherwise prevent us from doing so without seeking any further permission from you.

 

5.4   We further reserve the right to report and /or refer and / or  publish to appropriate authorities or third parties (including the world at large) all details we have of any enquiries (including but not limited to details sufficient to identify the person(s) who made them) that appear to us to  be indicative of: on-going child abuse; imminent risk of serious harm to the person making the enquiry or another person; involvement in terrorism, drug trafficking or money laundering. In the event we elect to report, refer or publish to others any details of such enquiries and / or of the person(s) making them,  you agree to waive any confidentiality or privacy rights you may otherwise enjoy that would otherwise prevent us from doing so without seeking any further permission from you.

 

5.5   We endeavour (but do not guarantee) to respond to all genuine enquiries from potential clients within a reasonable timescale (usually well within 24 hours) but always subject to any pre-existing commitments we may have. We do not represent or warrant that we will always respond to non-genuine enquiries or  marketing communications.

 

5.6   The purpose of our website enquiry forms are for people, those considering becoming our clients,  to be able to make contact and begin a conversation with us quickly and simply. Submitting an enquiry does not guarantee we will be able to take you on as an eventual client or commit you to becoming one.

 

5.7   Usually after receiving an enquiry through our website by email or telephone (or on some occasions a directory in which we may be listed or advertise) we enter brief email and / or telephone correspondence with the potential client and if the induvial wishes to proceed to an assessment session that is arranged at an appropriate venue and the appointment is secured and reserved by prepayment through bank transfer. Such initial correspondence should not itself be interpreted as being  “advice” about a visitor’s personal or psychological issues or as meaning we have committed to providing that person any more counselling services than the initial assessment session.

 

5.8   Prospective clients who have booked an assessment session may cancel that session by notifying the counsellor with whom they made the arrangement (and / or any partner in Abbott & Yang) verbally and / or by email and / or by text. We recommend using all such methods to ensure your cancellation is received speedily.  Notification of cancellation shall be effective when received. Providing the session is cancelled more than 48 hours  before the day of the appointment, the prospective client will be entitled to a full refund of any fee that have prepaid for the session, or if they wish the session can be moved to another mutually convenient day and time. If a session is cancelled less than 48 hours before the day of the appointment then the full session fee remains due and if already prepaid becomes forfeit. (The reason for this policy is that cancellations allow us little time to fill an already allocated slot or rearrange our own time, and we ourselves may incur charges and expenses in respect of late cancellations).

 

5.9   At the assessment session, which is usually though not necessarily conducted face-to-face,  we provide people with further information about our service, take more details about them, and provide a written counselling agreement. There is no commitment to remain a client of ours after this session, though if you do our relationship will be as discussed and agreed at that meeting.

 

 

 

 

 

 

 

 

 

6         BLOG SECTION

 

 

 

6.1   We are together  (as a partnership) or separately (as individual partners/people)  the original authors of  all content in the blog section of this website which is clearly identified as having been posted by either or both of us. All the terms relating to intellectual property mentioned above apply to the entire blog section of our website, including each and every entry.

 

6.2   In posting or submitting to us any comments or materials for inclusion in our blog (whether for us to incorporate in our own posts or to appear as comments or replies to existing posts or comments) you warrant and represent that:

 

6.2.1        You are aged 18 or over;

 

6.2.2        You have provided us with your real name and been truthful about your contact details;

 

6.2.3        You are legally entitled to post the comments on our website and have any necessary licenses or consents to do so;

 

6.2.4        The comments do not infringe any third party’s legal rights, including without limitation their intellectual property rights, human rights, rights of confidentiality and / or  privacy, copyright, or any other proprietary or legal rights;

 

6.2.5        The comments are not in whole or part defamatory, libellous, offensive, indecent or otherwise unlawful;

 

6.2.6        The comments are not an attempt to solicit customers for,  promote the business of, or otherwise advertise your business or that of a third party;

 

6.2.7        The comments do not promote unlawful activities.

 

6.3   In consideration of accessing this website and any / all of its content, visitors to this website (Visitors) who submit and / or post a comment or comments to posts in our blog agree to do so on the basis that they thereby irrevocably assign and transfer to us all and any assignable and / or transferable  intellectual property rights they have in such posts, including but not limited to copyright entitlement, and furthermore agree to irrevocably waive any rights not so assigned or transferred  including but not limited to the moral right to be properly identified as the author of their own comment (although accepting and agreeing that we have the right to identify them as the original author or supplier of the comment(s) concerned if we wish to do so).

 

6.4   In the event the above assignment is ineffective, in consideration of accessing this website and any / or all of its content, Visitors who submit and / or  post a comment or comments to posts in our blog hereby grant us an irrevocable non-exclusive royalty-free license to publish, edit, use, quote from and license such third parties as we deem fit to  publish, edit, use, and / or quote from any of your comments in any format or media.

 

6.5   We reserve the right, at our absolute discretion, and without giving reasons, to remove or edit by partial or complete deletion (whether with or without the insertion of text indicating an edit or deletion has occurred) any or all comments to any of our blog posts (including comments posted in reply to other comments) .

 

6.6   We reserve the right, at our absolute discretion, and without giving reasons, to ban and / or block any person from posting comments  to any of our blog posts (including comments posted in reply to other comments).

 

6.7   Our individual blog posts may be “shared” using the social media buttons on various web pages of our website’s blog section. Visitors who comment on our blog posts should keep in that comments they make may likewise be widely shared on social media in ways that having offered this facility we can neither fully control nor prevent.

 

 

 

 

 

7         DISCLAIMERS AND EXCLUSIONS

 

 

 

7.1   The person-centred counselling and psychotherapy we practise does not involve us giving our own clients a great deal of “advice,” rather we have the opposite objective:  to help clients “empower” themselves.  It’s rather difficult to achieve the same objective  through a website. Nevertheless, nothing in this website including any blog posts and comments should be relied upon as advice necessarily suitable for any particular person’s individual situation. Rather, the contents of this site should be treated as a source of information about us and our services, and of inspiration to think and find out more (from us or other sources) about things mentioned in the blog section.

 

7.2   While we use reasonable endeavours to keep this website and its contents operational, accurate and up to date, to the fullest extent permitted by law, we hereby exclude and / or disclaim any liability for any mistakes and /or  inaccuracies (including but not limited to typographical errors), and / or omissions, and / or technical glitches or failings  relating to this site and any or all of its content including but not limited to occasions when this site might be inaccessible or fail to relay messages to us. Please also keep in mind that the possibility of contacting us through our website, particularly before you have been accepted by us as a client during or after an assessment session,  is not intended by us to offer a substitute for seeking other emergency medical or mental health services.

 

7.3    While Visitors who comment on our blog posts assign intellectual property rights in those comments to us as described above, such comments must be understood as expressing the views of their original author not ourselves. To the fullest  extent permitted by law we  shall not be responsible for any consequences, damages, loss, liability or expenses incurred by any person, company,  party, business, institution or organization  as a result of such comments.

 

7.4   Nothing in these Terms excludes or limits our liability for matters that cannot be excluded or limited by law. Such matters which we do not seek to exclude or limit include: liability for death or personal injury caused by our negligence, liability for fraud,  strict liability, and where our services are not provided with reasonable care and skill or within a reasonable time.

 

 

 

8         YOUR INDEMNITIES AND WARRANTIES

 

 

 

8.1   In consideration of visiting this website you agree to access it in accordance with these Terms, our Website GDPR Privacy Statement and our Cookie Policy.

 

8.2   In consideration of visiting this website you further agree to indemnify us without limit for any loss, costs, expenses,  or damages we may incur or be liable for as a direct or indirect consequence of you breaching any of these Terms and / or you breaching any of your warranties (mentioned above).

 

8.3   In consideration of visiting this website you also agree to indemnify us without limit  for any loss, costs, expenses,  claims,  or damages we may incur or be liable for as a direct or indirect consequence of you sending us through a “contact us” form on this website and / or posting a comment directly to a blog post and / or  sending us a comment which we subsequently publish in our blog section (whether with or without edits)  which includes any text, wording, information or other materials that whether or not further published by ourselves or this website render us liable to any third party and / or under any civil or criminal laws. In the event you may be so liable to us, you further agree that your liability to us shall not be limited or otherwise excluded and / or avoided by the fact that we might have deleted, more promptly deleted,  or dealt with in some other way the text, wording, information or other materials that you sent us or posted on this website.

 

 

 

9         MENTIONING THIRD PARTIES’  WEBSITES,  PRODUCTS AND SERVICES

 

 

 

9.1   Our website’s content includes links to other websites. We provide such links for informational purposes only. We make no warranties or representations concerning the functioning of such sites or the accuracy of their content.

 

9.2   To the fullest extent permitted by law we hereby disclaim and exclude all liability in respect of the functioning or not, and accuracy or not, of such third parties’ websites.

 

9.3   Where we mention or depict the products and / or services of any third parties on our website, in any of its content (including text and pictures, webpages, content and blog posts and comments), this should not be interpreted as implying we endorse those products and / or services.

 

 

 

 

 

10     LINKING TO THIS WEBSITE AND SOCIAL MEDIA “SHARING”

 

 

 

10.1          We hereby give permission for the following organisations to link directly to this website: search engines, online directories to which we have subscribed and / or which are run by any professional body of which we are continuing members; the owners and operators of any online or hard copy publications in which we have elected to advertise our services for the duration of any period of advertisement which we may have agreed and / or purchased.

 

10.2          We will consider requests from other organizations or persons to link to our website. We reserve the right to exercise absolute and unfettered discretion over our choice in whether or not to allow such links. If we decide to grant such permission to be effective it has to be signed written consent.

 

10.3          Our posts in our blog section together with any comments thereon may be shared freely using the social media sharing buttons / facilities on the blog pages concerned providing that we are identified as the authors of any posts so shared.

 

10.4          No organization or person linking to our website or sharing our blog posts through any social media should do so in a way that is misleading and / or implies we have endorsed their own site, themselves, their products or services if we have not done so in a document containing our signed written consent to such endorsement.

 

10.5          No express or implied permission to link to our website or share blog posts from it shall constitute permission to use our logo, artwork, photographs or any other content of this website without our further signed written consent.

 

 

 

 

 

 

 

11     CHANGES TO THESE TERMS.

 

 

 

11.1          We reserve the right to make changes to these Terms, our Website GDPR Privacy Statement and our Cookie Policy from time to time.  The latest version of these Terms, our Website GDPR Privacy Statement and our Cookie Policy may differ from the versions in force on your previous visit to this website.

 

11.2          You should check the current versions of these Terms, our Website GDPR Privacy Statement and our Cookie Policy from time to time to ensure you are still agreeable to them as your access to this website will be subject to the versions in force when you visit.

 

11.3          You should in particular read and check the latest versions of these Terms, our Website GDPR Privacy Statement, and Cookie Policy immediately before you use any contact us or comments facilities on this website.

 

 

 

 

 

12     GOVERNING LAW AND WRITTEN CONSENT

 

 

 

12.1          Any dispute or claim arising out of or in connection with your access to this website and / or these Terms and / or our Website GDPR Privacy Statement and / or our Cookie Policy and / or any other contractual and / or  non-contractual disputes or claims between you and ourselves shall  be governed by and construed in accordance with the law of England and Wales.

 

12.2          You and we hereby agree  that the Courts of England and Wales shall have exclusive jurisdiction to hear and /or decide and / or settle any disputes or claims that arise out of or in connection with these Terms.

 

12.3          Where these Terms refer to our “signed written consent” that consent shall be in writing bearing either or both of our handwritten signatures. Consent given by typed email shall not in itself constitute “signed written consent”.

 

 

 

© 2018 Abbott & Yang. All rights reserved.