Terms and Conditions

 

 

OUR TERMS AND CONDITIONS

The following Terms and Conditions (“Ts&Cs”) apply to all goods and services provided by The Vesta Approach.

The term ‘VA’ or ‘us’ or ‘we’ or ‘our’ refers to The Vesta Approach (vestaapproach.co.uk) 

The term ‘You’ or ‘Your’ refers to you, the client, visitor, website user or person using our website or making payment to use the goods and services supplied who acknowledge that they have read, understood and agreed to these Ts&Cs.

GENERAL

Access to the VA website by you and the supply of all goods and services to you by VA is on the understanding that the you have agreed to VA’s Ts&Cs and are over the age of 18 (eighteen) years of age.

VA will keep confidential and will not disclose to any third parties or make use of materials or information communicated to us in confidence for the purpose of the supply of goods and services save as may be reasonably necessary to enable VA to carry out our obligations in relation to that supply.

VA reserves the right to change any rates and any of the Ts&Cs at any time and without prior notice.

Through this website you may be able to link to other websites which are not under the control of VA. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, VA takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

By submitting information to us or using our website, you consent to the collection and use of your personal information in the manner set out in our Privacy Policy

CLIENT’S OBLIGATIONS

You shall be over 18 (eighteen) years of age.

Your use of, or reliance on, any information or materials on the VA website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through the VA website meet your specific, personal requirements.

COPYRIGHT

This website contains material which is owned by or licensed to us.

This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party.

In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

VA expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

·          you may print or download to a local hard disk extracts for your personal and non-commercial use only.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

PAYMENT

The goods and services of VA are offered subject to our acceptance of your order or payment.

We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so.

We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

REFUND POLICY – Vesta Online Programmes

In the event that you decide your purchase was not the right decision, you may request a refund by emailing victoria@vestaapproach.co.uk within the first week of the course commencing. Refund requests must be received by the end of the 7th day (Sunday) at 2359 BST. After the 7th day of the course, all payments are non-refundable. Transfer requests must also be received within the first 7 days of the course commencing and will be considered on a case by case basis.

Refunds do not apply to any programmes purchased which are less than 7 days in length.

Please note: If you were offered a payment plan and you do not request a refund within 7 days, you are required by law to complete the remaining payments of your payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.

REFUND POLICY – Vesta 6 or 12 weeks programmes

In the event that you decide the Vesta Approach is not for you, refunds will not be issued for sessions already completed, but you may be able to request a refund for future sessions which you have already paid for by emailing victoria@vestaapproach.co.uk within the 30 days of your sessions commencing. Refund requests must be received within 30 days of the first session commencing. After 30 days, all payments are non-refundable.

Please note: If you were offered a payment plan and you do not request a refund within 30 days, you are required by law to complete the remaining payments of your payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.

REFUNDS

We will make any refunds due to you as soon as possible and in any event within 14 days after you inform us of your decision to cancel your place. We will refund you via Paypal, on the credit card or debit card that you used to pay.

Any additional currency conversion fee charged by your credit / debit card provider shall be refunded only at the sole discretion of your credit / debit card provider. VA has no control over, and accepts no responsibility for this. It is your responsibility to contact your credit / debit card provider for more information about their refund policy prior to making payment. For the avoidance of doubt, you will not incur any fees charged by VA as a result of you exercising your right to cancel.

DISCLAIMER

The information provided by VA does not substitute medical advice from healthcare professionals. VA advises that before commencing the programme, if you have any previous or current physical or mental health diagnosis, that you should always discuss this with your GP.

If a family member requires treatment for drug or alcohol use, it is necessary to access treatment advice from a GP or drug and alcohol service as stopping use can be dangerous for the individual without medical intervention.

The Vesta Approach is not a replacement for alternative healthcare provision for drug or alcohol use. It is intended for family members affected by the drug or alcohol use of a family member.

The information contained in the VA website is for general information purposes only and is provided by VA.

All our information on both the website is intended to assist you and does not in any way, nor is it intended to substitute professional advice.

Results are not guaranteed and VA takes no responsibility for your actions, choices or decisions.

By using our goods and services, you agree that VA is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own.

Under no circumstances can you hold VA liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any goods and / or services provided by VA.

VA is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third-party content, links, comments or advertisements.

You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Any claim against VA shall be limited to the relevant fee(s) paid by the Client.

WARRANTIES

You warrant that you have obtained all necessary permissions and approvals prior to the purchase of our goods and services.

You also warrant and undertake that you are not aware as at the date of the purchase acceptance of anything within your reasonable control which might or will adversely affect your ability to use our goods and / or services.

Whilst VA endeavours to keep the information up to date and correct, VA makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

WAIVER

No exercise, or failure to exercise, or delay in exercising any right or remedy by you or us shall constitute a waiver by that you or us of that or any other right or remedy.

GOVERNING LAW

Any dispute or claim arising out of or in connection with the purchase or refusal of purchase (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

VA and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England over any claim or matter arising under or in connection the purchase or refusal of purchase (including non-contractual disputes or claims).

COMPLAINTS

VA is a member of the Federation of Alcohol and Drug Practitioners (“FDAP”) and is subject to the FDAP’s code of practice. If you have a complaint about VA’s performance against those standards, you should address your complaint in writing to Chair of FDAP’s Council of Management. All complaints must be signed by the complainant and contain the complainant’s home address.

MEDIATION

If at any time any question, dispute or difference whatsoever shall arise as to the purchase or refusal of purchase of the goods and / or services, VA or you may give to the other notice in writing of the existence of such question, dispute or difference and the same shall be referred to a mutually agreed Third Party Mediator within 14 days of such notice.

ARBITRATION

If an attempt at Mediation should fail then the dispute or difference shall be referred to the arbitration of a single arbitrator to be agreed upon by the parties within 14 days of the failure of such an attempt, or in default of such agreement, to be nominated by the President for the time being of the Law Society of England and Wales such arbitration to be conducted in accordance with the Arbitration Act 1996.

SEVERABILITY

If any term or provision in the Ts&Cs shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law that term or provision or part shall to that extent be deemed not to form part of the Ts&Cs and the enforceability of the remainder of the Ts&Cs shall not be affected.

FORCE MAJEURE

Neither VA nor you shall be liable to the other for delays in performance attributable to acts, occurrences, events or illnesses beyond the reasonable control of such party.

HEADINGS

The headings in these Ts&Cs are for convenience only and are not intended to have any legal effect.

THIRD PARTY RIGHTS

A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

 

 

Privacy

PRIVACY POLICY

 

  1. INTRODUCTION

 

This privacy notice provides you with details of how we collect and process your personal data through your use of our site www.vestaapproach.co.uk

 

By providing us with your data, you warrant to us that you are over 13 years of age.

 

The Vesta Approach is the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).

 

Contact Details

 

Our full details are: The Vesta Approach

 

Full name of legal entity: Victoria Seed trading as Vesta Approach

 

Email address: victoria@vestaapproach.co.uk

 

[Telephone number:] 0161 3270677/ 07984 837302

 

 

It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at info@vestaapproach.co.uk.

 

  1. WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUND WE PROCESS IT

Personal data means any information capable of identifying an individual. It does not include anonymized data.

 

We may process the following categories of personal data about you:

 

  • Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defense of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims. This applies to contacting us through social media or our website.

 

  • Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract. This applies if you are paying for services.

 

  • User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.

 

  • Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyse your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy. This data is stored in the backend of our website.

 

  • Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.

 

  • We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).

 

Sensitive Data

 

We need to collect the following sensitive data about you in order to deliver the services/product and provide the best service to you.

 

  • Referral information will include; name, gender, date of birth, Email, Address, Contact number, presenting problem, brief client history, recommended intervention, privacy policy, marketing preferences
  • The Vesta Assessment will include; ethnicity, religion, sexual orientation (if you choose to share this information), physical health, mental health, vulnerabilities, next of kin, details of your own or your loved one’s substance use
  • Therapeutic notes will be documented using Write Upp which is an online programme that keeps notes secure.

 

We require your explicit consent for processing sensitive data, so when you submit your details, we will send you a further communication asking for you to confirm your consent to this processing.

 

Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.

 

We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at info@vestaapproach.co.uk In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.

 

We may process your personal data without your knowledge or consent where this is required or permitted by law.

 

We do not carry out automated decision making or any type of automated profiling.

 

  1. HOW WE COLLECT YOUR PERSONAL DATA

 

We may collect data about you by you providing the data directly to us (for example by filling in forms on our site or by sending us emails). We may automatically collect certain data from you as you use our website by using cookies and similar technologies. Please see our cookie policy for more details about this https://www.vestaapproach.co.uk/legal

 

We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.

 

We may also receive data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.

 

  1. MARKETING COMMUNICATIONS 

 

Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).

 

[Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from us at any time.]

 

Before we share your personal data with any third party for their own marketing purposes we will get your express consent.

 

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or OR by emailing us at info@vestaapproach.co.uk  at any time.

 

If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.

 

  1. DISCLOSURES OF YOUR PERSONAL DATA

 

We may have to share your personal data with the parties set out below:

 

  • Service providers who provide IT and system administration services.
  • Professional advisers including lawyers, bankers, auditors and insurers
  • Government bodies that require us to report processing activities.
  • If you are at risk to yourself or others, then we need to share relevant information.
  • Third parties to whom we sell, transfer, or merge parts of our business or our assets.

We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.

 

  1. INTERNATIONAL TRANSFERS

 

We share your personal data within our group of companies which involves transferring your data outside the European Economic Area; Google Forms, Dropbox, Linked-In, Twitter, Facebook, Skype, Zoom, Hostpresto, Gmail, WordPress. Mailchimp.

 

We are subject to the provisions of the General Data Protection Regulations that protect your personal data. Where we transfer your data to third parties outside of the EEA, we will ensure that certain safeguards are in place to ensure a similar degree of security for your personal data. As such:

 

  • We may transfer your personal data to countries that the European Commission have approved as providing an adequate level of protection for personal data by; or
  • If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place; or
  • Where we use certain service providers who are established outside of the EEA, we may use specific contracts or codes of conduct or certification mechanisms approved by the European Commission which give personal data the same protection it has in Europe.

If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.

  1. DATA SECURITY

 

We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.

 

We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.

 

 

  1. DATA RETENTION

 

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Your data will be kept for 7 years as advised by the Federation of Drug and Alcohol Practitioners.

 

When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.

 

For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.

 

In some circumstances we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

 

  1. YOUR LEGAL RIGHTS

 

Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.

 

You can see more about these rights at:

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

If you wish to exercise any of the rights set out above, please email us at info@vestaapproach.co.uk

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.

 

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

 

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.

 

If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.

 

  1. THIRD-PARTY LINKS

 

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

 

  1. COOKIES

 

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see https://www.vestaapproach.co.uk/legal/

 

Cookie Policy

Information about our use of cookies

A web cookie is a small piece of data that is sent from our website and stored on your browser or the hard drive of your computer.

We only use analytical cookies which enable us to analyse the number of visitors to our website and to see how our website users navigate around our website. This helps us to improve the way our website works, for example, by ensuring that you can find what you are looking for easily.

Cookies are small files that are placed on your computer by websites that you visit.  They are widely used to make websites work more efficiently, as well as to provide information to the owner of the site.  Cookies allow web applications to respond to you as an individual.  The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.  Amongst other things, cookies allow us to calculate anonymously, how many visitors we have and how long they stay on our site.

We use Google Analytics to collect information about how visitors use our website, which we use to help improve it.

Please note that our advertisers and third party web traffic analytic sites may also use cookies, over which we have no control.

You are able to block our cookies by activating the setting on your browser that allows you to block cookies. If you do block our cookies however, you may not be able to access all or parts of our website.

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

Except for essential cookies, all cookies on our website will expire after two years.

By using our website, you consent to our use of cookies as described above.

Insurance

The Vesta Approach is fully insured for Professional Liability Insurance with Towergate Insurance to practice as a drug and alcohol professional. This covers the following:

  • Public Liability
  • Professional Indemnity
  • Product Liability
  • Libel and Slander
Professional Membership & Code of Practice
I am a registered member of the Federation of Drug and Alcohol Practitioners (FDAP) and I adhere to their code of practice http://www.fdap.org.uk/code_of_practice.php