Terms & Conditions of Prevail Counselling Therapy

General

This website is owned and operated by: Prevail Counselling Therapy, St. John's Wood West Commons, Clondalkin, D22 RC93.

By using our website, which includes access through other digital platforms you confirm that you accept these Terms of Service (“terms”) as binding upon you, including additional terms and conditions and policies referenced herein and/or available by hyperlink, and that you agree to comply with them. If you do not agree to these terms, you must not use our website.

How Prevail Counselling Therapy Works with Clients

Hours of work

Prevail Counselling Therapy works various hours during the week. When booking your appointment, you will be allowed to choose hours that are available. Any hours outside the

provided ones will only be facilitated at the request of Prevail Counselling Therapy.

Contacting Prevail Counselling Therapy

Prevail Counselling Therapy respects that everyone uses different platforms and works different hours. They will review all emails daily (depending on availability) and respond to

any queries within 24-48 hours Monday to Friday.

Appointments

Appointments are typically 60 minutes for individual therapy. While, at the start, it is recommended to engage weekly, Prevail Counselling will tailor our way of working together

to your pace and needs from week to week, in order to facilitate a thorough understanding of you, your needs and wishes – and allow you to experience a transformation of your experiences. At a later stage, it is possible to engage fortnightly, monthly or occasionally - depending on your needs.

Remote Therapy

Video therapy and meeting services are available, by appointment only. Remote sessions are held via google meets or via telephone.

It is possible to engage via video or audio completely or also on a hybrid basis: part in-person therapy and part video therapy.

Storing Personal Data

Prevail Counselling Therapy respects confidentiality, transparency, and privacy. All notes/forms that are completed during the course of the contract are kept for seven years

and upon this date they will then be deleted. If a client re-engages with Prevail Counselling Therapy within this time period, then the seven-year period will start again after their last contact. The client always has access to their records and can request copies of same under a Data Subject Access Request. Please note that this request should be sent to james@pct.ie.

Social Media Use & Outside of Therapy Space

As a Counselling Therapist, Prevail Counselling Therapy maintains a presence on various social media platforms such as Instagram and Facebook. You are welcome to follow us on these platforms. However, to respect your privacy, Prevail Counselling will not follow you back. In the case Prevail Counselling Therapy does follow you, please remove him as a follower/connection. To ensure your privacy and maintain appropriate professional boundaries, we kindly request that you refrain from reaching out to Prevail Counselling

Therapy through these platforms for discussing therapy needs, topics, or scheduling appointments. If you have any therapy-related concerns or questions, please make contact

via email.

This allows for a secure and confidential means of addressing your needs, and this ensures that you remain in control of what you share about yourself, and what you bring into the therapy space.

Similarly, in the event that we encounter one another in our personal lives, you are welcome to approach Prevail Counselling Therapy and say hello for a casual conversation.

However, to protect your privacy, we will not initiate contact with you. This is to ensure that you are in control of the boundaries between our personal and professional relationships.

Rates and Fees

Fees are stated at the start of therapy. Prevail Counselling Therapy reserves the right to make periodic adjustments to the fee of the service and will give you notice of any changes to your fees. If other services are required (e.g. report writing, treatment summaries, extended phone calls, travel time), there may be additional fees.

Payment for consultations are processed on the day of the appointment.

Payments for ongoing sessions are typically processed on the day. You can manually pay for sessions ahead of time if you wish.

Cancellation Policy

Please notify Prevail Counselling Therapy ahead of time if you are unable to make a session.

If you cancel the day before your appointment, a 50% fee will be applied (unless in exceptional circumstances). If you cancel on the day of the appointment, a 100% fee will be

applied. Providing at least 48 hours' notice to cancel an appointment helps us maximise our availability to our clients, our practitioners, and minimises lost available clinical time. Prevail Counselling Therapy often makes bookings a month in advance so please ensure you consider any scheduling difficulties when booking your session.

Non-Competition

The education materials supplied by Prevail Counselling Therapy (including all website content and content supplied at workshops and seminars) are of a confidential nature. From time to time, Prevail Counselling Therapy may use examples of work they have created or businesses that they have worked with to illustrate educational points. Any attempt by the Customer to enter the markets that Prevail Counselling Therapy operates in after gaining possession of such educational materials will be classed as entering into competition with Prevail Counselling Therapy.

Speaker Engagement

Prevail Counselling Therapy carries out various speaking engagements. Each event is created individually, based upon the conversations and information that has been provided through the performance of the contract. The content of these events remains the intellectual property of Prevail Counselling Therapy once the event has taken place and are not allowed to be replicated, duplicated, copied or re-used without the express and unequivocal consent of Prevail Counselling Therapy. Recordings of the event cannot take place without the express permission of Prevail Counselling Therapy, who will be captured during the function of carrying out their contracted role, and this must be obtained prior to the event taking place.

Please also note that Prevail Counselling Therapy authorises the sharing of all recordings provided for an organisation only the ethernet of that business and cannot be shared

externally outside that company without Prevail Counselling Therapy express permission.

Any social media images used in connection to any event Prevail Counselling Therapy participates in must be approved prior to publication and Prevail Counselling Therapy also retains the right to publicise their role in this event across their social media platforms.

Confidentiality

Confidentiality is an essential part of all our services and Prevail Counselling Therapy willvalways operate with the highest standard of security and confidentiality. Please see our

contract for further explanation on this area.

Protection of Intellectual Property

All materials supplied by Prevail Counselling Therapy (including all website content andvcontent supplied at workshops and seminars) are of a confidential nature. From time to time, Prevail Counselling Therapy may use examples of work they have created or businesses that have worked with to illustrate educational points.

Any attempt by the Customer to enter the markets that Prevail Counselling Therapy operates in after gaining possession of such educational materials will be classed as entering competition with Prevail Counselling Therapy.

a) All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the website is owned, controlled or licensed by or to Prevail Counselling Therapy.

b) Except as expressly provided in these Terms, no part of the Site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication, distribution or for any commercial enterprise, without Prevail Counselling Therapy express prior written consent.

Affiliates

Prevail Counselling Therapy does not have any affiliate links on their website. If they refer to any company or service provider, then they are basing this on their own personal usage and cannot be taken as a recommendation or affiliation with that organisation.

Legal Advice

Prevail Counselling Therapy reserves the right to consult with their legal advisors in all cases of court orders for access to personal records and/or all other information requests.

Where other names have been mentioned through the course of the sessions with Prevail Counselling Therapy then they reserve the right to redact these names on all shared documentation.

Disclaimer

Prevail Counselling Therapy practitioners will only provide services that are within their professional capabilities, competence and role as a private provider of mental health services.

If treatment needs are identified that are outside of this scope your practitioner will endeavour to assist you identify suitable alternative providers.

Prevail Counselling Therapy is not an emergency service. We are not able to respond to urgent or emergency matters and our communication channels are not monitored outside of our business hours.

Prevail Counselling Therapy Terms & Conditions of Service

Contract Of Sale

When you order services from us, the terms in force at the time of your order will apply as contract of sale between you and us. This contract of sale begins to be formed between us when we issue an invoice. You shall only become the full owner of the service once we have received full payment for it.

Indemnification, Liability, And Limitation

The express terms and conditions of these terms shall apply in place of all warranties, conditions, terms, representations, statements, undertakings and obligations whether expressed or implied by statute, common law, custom, usage or otherwise, all of which are excluded to the fullest extent permitted by law.

Insofar as it is lawful to do so, we do not accept liability of any description including liability for negligence or any damages whatsoever arising out of or in connection with the viewing, use or performance of this website or its contents.

In the event that you reproduce, display, transmit, distribute or otherwise exploit the structure, information, material, or any portion thereof, in any manner not authorised by us, or if you otherwise infringe any intellectual property rights relating to the structure, information, photographs, prints or this website, and irrevocably agree to indemnify us and keep us indemnified from and against any and all losses, expenses, costs or damages, including reasonable lawyers’ fees, incurred by you or others as a result of unauthorised use of the above and/or your breach of these terms.

You unconditionally and irrevocably agree to indemnify us and keep us indemnified from and against all and any losses, costs, claims, liabilities, damages, demands and expenses suffered or incurred by us and arising from any claim brought by any third party against us howsoever arising from or in connection with: these terms; the supply of the services and/or digital goods pursuant to the terms; your use of the services and/ordigital goods; or your fraud or negligence.

For the avoidance of doubt, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these terms for any loss of profits, goodwill, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity or anticipated savings; or any indirect or consequential loss.

Without prejudice to other clauses in these terms, our total liability arising under or in connection with these terms, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to the purchase price paid for the relevant services that is/are the subject of a claim.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the website or on any related website, including without limitation, pricing information, except as required by law.

No specified update or refresh date applied on the website or on any related website, should be taken to indicate that all information on the website or on any related website has been modified or updated.

Sales Of Services

If you are not a consumer, you confirm that you have authority to bind any organisation on whose behalf you use our site to purchase services. We reserve the right, but are not obligated, to limit the sales of our services to any person, geographic region, or jurisdiction.

We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. We reserve the right to discontinue any service at any time.

In accordance with other clauses included in these terms, we make no express or implied warranty, representation or undertaking and assume no responsibility concerning the quality, nature, or fitness for purpose of the services or digital goods.

We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products or services will be corrected, unless as required by law.

All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these terms.

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Prices for our services are subject to change without notice.

We reserve the right at any time to modify or discontinue our services on our website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of such.

Refunds

We conform to Irish and EU law and regulations for the purposes of whether or not to accept returns. We deal with cases as they happen on an individual basis.

Social Media Platforms

Communication, engagement, and actions taken through external social media platforms that we participate on are custom to the terms as well as the data protection and privacy policies and notices held with each social media platform respectively.

You are advised to use social media platforms wisely and communicate / engage upon them with due care and caution regarding your own privacy and personal details.

We will never ask for personal or sensitive information through social media platforms and encourage you when wishing to discuss sensitive details to contact us through primary communication channels such as by telephone or email.

Data Protection, Privacy and Security

Your rights to data protection and privacy, including security over data, are very important to us. We treat personal data obtained using this website as private and are committed to providing you with secure access to our online service.

This website processes information from you as per our Privacy Statement. When you, amongst other actions, visit our website, enquire about services or send e-mails to us you understand that subsequent data processing will be done as detailed in our Privacy Statement.

Governing Law and Disputes

This website is controlled and operated from the Republic of Ireland and therefore governed by Irish law. In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, the Irish law will apply, and the appropriate courts of the Republic of Ireland will have jurisdiction.

Variation Of These Terms & Conditions

We reserve the right to make changes to this website, these terms, and the other information contained in this website at any time and without notice.

Please refer to these terms when you visit the website as they may change from time to time.

Severability

In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Waiver

The failure of us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

Entire Agreement

These terms and any policies or operating rules posted by us on this website or in respect to our website constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these terms).

Any ambiguities in the interpretation of these terms shall not be construed against the drafting party.

Contact Information

You may contact us by e-mail at the following address: james@pct.ie.

Contact information published on this website is published for the purpose of users or prospective users contacting us about services offered to them. This information should not be considered as made manifestly public for the purposes of general marketing contact.