Terms & Conditions

Terms and Conditions of Rosewater Wellness Ltd trading as Wellbeing Centre for Learning

1.     Terms of website use

1.1       These terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website, whether as a guest or registered user Use of our site includes accessing, browsing, or registered to use our site.

1.2       Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site.

1.3       By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

1.4       These terms, together with our Privacy Notice, Acceptable Use Policy, our Cookie Policy and any other relevant website-based policies are the terms on which we supply our products and services to you, whether these are goods, services or digital content.

1.5       Our Privacy Notice , which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

1.6       Our Acceptable Use Policy , which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

1.7       Our Cookie Policy, which sets out information about the cookies on our site.

1.8       These terms tell you who we are, how we provide products/services to you, how you (and we) may change or end the contract between us what to do if there is a problem, and other important information.

1.9       You have different rights under the terms depending on whether you are a business customer or a consumer.

1.10    If you are a business customer, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty (made or given by, or on behalf of us) which is not set out in these terms, and that you shall have no claim for innocent or negligent misrepresentation, or negligent misstatement based on any statement in our contract with you.

2        Definitions

2.1       The following definitions and terminology apply to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:

“The Company” “Ourselves”, “The membership”, “We” and “Us”
refers to Rosewater Wellness Ltd (trading as Wellbeing Centre for Learning) is registered in England and Wales (registered company no. 12685830) of Hollinwood Business Centre, Albert Street, Oldham, United Kingdom, OL8 3QL

“Party”, “Parties”, or “Us”
refers to both the Customer and ourselves, or either the Customer or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Customer in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Customer’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular

“Customer”, “Member”, “You” and “Your”
refers to you, the person accessing this website and accepting the Company’s terms and conditions.

“Our site” or “Our Website”
“Wellbeing Centre for Learning” website and / or any associated site(s)

individual that is buying products from us wholly or mainly for your personal use. (i.e. not for use in connection with your trade, business, craft or profession)

Data Protection Laws”
means the Data Protection Act 1998, the General Data Protection Regulation (EU 2016/679) or any applicable statutory or regulatory provisions in force from time to time relating to the protection and transfer of personal data;

When we use the words “writing” or “written” in these terms this phrase includes emails

means all losses, liabilities, damages, costs, expenses, fines, penalties or interest, whether direct, indirect, special or consequential (including, without limitation, any economic loss or other loss of profits, business or goodwill, management time and reasonable legal fees) and charges, including such items arising out of or resulting from actions, proceedings, claims and demands;

“Shop Products”
These are physical products that are bought through our online shop portal, these exclude online courses and membership services.

2.2       Unless the context requires otherwise, references to the singular include the plural and the masculine includes the feminine and vice versa.

2.3       Capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

2.4       The headings contained in these Terms are for convenience only and do not affect their interpretation.

3        Information about us and how to contact us

3.1       We are “Rosewater Wellness” or Wellbeing Centre for Learning” (plus such other names as may be used from time to time).

3.2       You can contact us via the details(from time to time) available upon the webpage https://wellbeingcentreforlearning.com/contact

3.3       We may contact you by telephone or by writing to you at your email address (or postal address) that you have provided to us in your order.

4        Our contract with you

4.1       Our acceptance of your order will take place when we email (or otherwise contact) you to accept it, at which point a contract will come into existence between you and us.

4.2       If we are unable to accept your order. We will aim to inform you of this promptly, and will not charge you for the relevant product or service. This might be because the product is out of stock and/or not currently available, because of unexpected limits on our resources (which we could not reasonably plan for), because we have identified an error in the price or description of the product, or because we are unable to deliver the product within a reasonable timescale.

5        Copyright Notice and Trademarks

5.1       Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.

5.2       Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of all our social media platforms.

5.3       Various signs, designs or expressions which we use upon this site and social media platforms are our registered and / or unregistered trademarks.

6        Privacy Statement

6.1       We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

7        Confidentiality and Data Protection

7.1       All information relating to the customer is confidential and subject to the UK Data Protection Laws

7.2       We will not sell, share or rent your personal information to any third party.

8        Data Collection and Cookies

8.1       We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type access times/open mail, URL requested and referral URL. This information is not shared with third parties and is used only within Rosewater Wellness Ltd, Wellbeing for Centre for Learning and trading names falling under Rosewater Wellness Ltd. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

8.2       Cookies provide information regarding the computer used by a visitor. We may use cookies where appropriate to gather information about your computer in order to assist us in improving our website.

8.3       We may gather information about your general internet use by using the cookie. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally; it is statistical data which does not identify any personal details whatsoever.

8.4       You can adjust the settings on your computer to decline any cookies if you wish. This can be done within the “settings” section of your computer. For more information please read the advice at AboutCookies.org. 

9        Links from this website

9.1       We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

9.2       We do not monitor or review the content of the other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material.

9.3       Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites.

9.4       You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them.

9.5       This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

10     Disclaimer Exclusions and Limitations. The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

10.1    The content on our site is provided for general information and is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this site.

10.2    We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: the use of, or inability to use, our site; or use of or reliance on any content displayed on our site.

10.3    excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

10.4    excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

10.5    We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

10.6    If you are a business user, please note that in particular we will not be liable for loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

10.7    If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.8    This Company does not exclude liability for death or personal injury arising from its own negligence or for any other loss which it is not permitted to exclude under law.

10.9    None of your statutory rights as a consumer are affected.

11     Price and Payment for our different services and goods

11.1    All the prices of our products and services are listed with the product description. These prices include VAT. 

11.2     We accept payment with most credit and debit cards (as specified upon our websites from time to time). When you must pay depends on what products you are buying:

a.     For shop products and goods, you must pay for the products before we dispatch them.

b.     For our online courses and digital content, you must pay for the products before we make them available for you to download them.

11.3     For our membership services, you are required to pay at the time of purchase and then every month there following on the same date each month. We may terminate your membership and remove you from all our Wellbeing Centre for Learning and Rosewater Wellness Ltd platforms if your payment fails and we are unable to contact you to collect this. All products and materials within the membership will always remain the property of the business and are not to be reproduced or distributed.

11.4    Rosewater Wellness Ltd and Wellbeing Centre Learning is not liable for any late payment fees or reclaimed failed payments by PayPal. For members making their monthly membership payment through PayPal, it is your responsibility to ensure your bank card details are correct and up to date, to do this you can follow the steps on the PayPal site. Should you cancel your membership with the Rosewater Wellness Ltd and/or Wellbeing Centre for Learning, it is your responsibility to ensure your recurring payment is cancelled with PayPal directly to save any future payments being taken by PayPal, you can do this with PayPal here

11.5    Rosewater Wellness Ltd and Wellbeing Centre for Learning does not accept payment in the form of cheques. Consequently, all purchases and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.

12     Courses

12.1     Rosewater Wellness Ltd and Wellbeing Centre for Learning provide various courses, programs and associated materials for personal or internal business use. This may not be sold or redistributed without the express written consent of the Company. You shall not create any derivative work based upon the courses or associated materials and you shall not offer any competing products or services based upon any information created by either Rosewater Wellness limited or it’s trading company Wellbeing Centre for Learning. Any contravention of this will be deemed as breach of these terms and conditions.

13     Cancellation policy and Refunds Policy for Membership

13.1    Cancellation of membership. You may cancel your membership at any time by emailing our support team on info@wellbeingcentreforlearning.com. As a new member you may cancel your membership within your first 30 days of joining the membership for the first time and will receive a full refund.

13.2    Existing or Members who have joined for a second time may cancel their membership via the same methods as mentioned above, however, can only receive a full refund if their cancellation is requested at least 3 days before their next billing date, any cancellation requests made after billing date will not be eligible for a full refund, you will have access to the membership for another month and your cancellation will take effect the day before your next billing date.

13.3    For annual subscriptions, you may cancel your membership for a full refund within your first 30 days of signing up to the annual membership. 

13.4    Should you have signed up to the monthly membership subscription and would like to switch to an annual membership, you will have to purchase the annual membership first and inform our customer support team who will then cancel your monthly subscription for you. This switch can only happen within 3 days prior to your billing date. Switching from an annual membership to monthly is not possible.

14     Refund Policy for Online Courses

14.1    Where an online course has been purchased, we do not offer refunds. We clearly what is included in a particular course on the sales page before purchase so you can gain a full understanding of what to expect within the course. If you have any queries regarding any of our courses please contact us on info@wellbeingcentreforlearning.com before purchase.

14.2    Where a course has been purchased with a recognised third-party provider Rosewater Wellness Ltd and its trading names Wellbeing Centre for Learning are not liable or responsible to issue any refunds.

15     Refund Policy for Shop Products and charges

15.1    We will pay the costs of return:

a.     if the products are faulty or misdescribed;

b.     if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control, or because you have a legal right to do so (as a result of something we have done wrong).

15.2    In all other circumstances (including, where you are a consumer exercising their right to change your mind) you must pay the costs of return.

15.3    What we charge for collection. If you are responsible for the costs of return, and we are collecting the product from you, we will charge you the direct cost to us of collection.

15.4     If you are entitled to a refund under these terms, we will refund you the price you paid for the products (including delivery costs), by the method you used for payment. However, we may make deductions from the price, as described below.

15.5     When we may make a deduction from refunds – If you are a consumer exercising your right to change your mind):

a.     We may reduce your refund of the price (excluding delivery costs), to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods, and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

b.      The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

c.     Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

15.6     We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, then:

a.     If the products are goods, and we have not offered to collect them, your refund will be made within fourteen (≤14) days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see paragraph 9.2.

b.     In all other cases, your refund will be made within fourteen (≤14) days of your telling us you have changed your mind

16     Delivery information

16.1    Online courses can be accessed via your online learning portal as soon as purchase is complete.  We will make the digital content available for download by you shortly after we have accepted accept your order.

16.2    Delivery costs. Any costs of delivery will be as displayed to you on our websites.

16.3    With any shop products which are goods. We will contact you with an estimated delivery date, or to agree a delivery date, which will be within a reasonable period after the day on which we accept your order.

16.4    If any products are ongoing services, membership or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either (i) the services are completed; or (ii) the membership expires (if applicable); or (iii) you end the contract; or we end the contract.

16.5     We are not responsible for delays outside our control. If our supply of the products or services is delayed by an event outside our control, then we will aim to contact you as soon as possible to let you know, and we will aim to take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, (but if there is a risk of substantial delay, you may contact us to end the contract, and receive a refund for any products you have paid for but not received).

16.6    A product (which is goods) will be your responsibility, from the time we deliver the product to the address you gave us (or you, or a carrier organised by you, collect it from us).

16.7    You own a product (which is goods) once we have received payment in full.

16.8    What will happen if you do not give required information to us. We may need certain information from you, so that we can supply the products to you. If so, this will have been stated in the description of the products on our websites. We will contact you to ask for this information. If you do not give us this information (within a reasonable time of us asking for it), or if you give us incomplete or incorrect information, we may either end the contract (and paragraph 10.2 will apply), or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late, or not supplying any part of them, if this is caused by you not giving us the information that we need (within a reasonable time of us asking for it).

16.9     We may have to suspend the supply of a product to:

a.     deal with technical problems, or make minor technical changes;

b.      update the product (to reflect changes in relevant laws and regulatory requirements); and/or

c.      make changes to the product as requested by you, or notified by us to you

15.10 Your rights if we suspend the supply of products. We will aim to contact you in advance to tell you that we will be suspending supply of products, unless the problem is urgent (or an emergency). If we have to suspend products (for longer than an immaterial period of time) we will adjust the price, so that you do not pay for products while they are suspended. You may contact us to end the contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than an immaterial period of time, and we will refund any sums you have paid in advance for products in respect of the period after you end the contract.

16.10  We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to, and you still do not make payment within a reasonable period of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will aim to contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see paragraph 14.7). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments

17     Force Majeure

17.1     Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

18     Waiver

18.1    Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he/she or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

19     Governing Law and Jurisdiction

19.1    These Terms and conditions are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.

19.2    By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access.

20     Severability

20.1    If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by applicable laws.

20.2    Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

20.3    These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

21     Changes to our terms

21.1    The Company reserves the right to change our terms and conditions and policies from time to time as it sees fit by amending this page. Please check this page from time to time to take notice of any changes we make as your continued use of the site will signify your acceptance of any adjustment to these terms.

21.2    These terms and conditions form part of the Agreement between the Customer and ourselves. Your accessing of this website and/or undertaking of purchase, membership or Agreement indicates your understanding, agreement to and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

22     Changes to our site

22.1    We may update our site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

23     Your account and password

23.1    If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

23.2    We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

23.3    If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@wellbeingcentreforlearning.com

24     Uploading Content to our site and/or our social media platforms

24.1    Whenever you make use of any feature that allows you to upload content to our site and/ or social media platforms, or to make contact with us or other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

24.2    You warrant that any such contribution will comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

24.3    Any content you upload to our site and or social media platforms will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).

24.4    We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

24.5    We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site and social media platforms.

24.6    We have the right to remove any posting you make on our site and/ or social media platforms  if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

24.7    The views expressed by other users on our site and/or social media platforms do not represent our views or values.

24.8    You are solely responsible for securing and backing up your content.

25     Rights of Licence

25.1    When you upload or post any content to our site and/or social media platforms, you grant the following perpetual, worldwide, non-exclusive, royalty-free, transferable licenses:

  1. To us, a licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the products provided by our site and across different media (including, without limitation, to use the content to promote our site or our products); and
  2. To third parties (e.g. other users, partners or advertisers), a licence to use that content for their purposes or in accordance with the functionality of our site.

26     Viruses

26.1    We do not guarantee that our site and or social media platforms will be secure or free from bugs or viruses.

26.2    You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

26.3    You must not misuse our site and or social media platforms by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site and or social media platforms, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

27     Our shop products

27.1    Any images of our products on our websites are for illustrative purposes only. Although we have made every effort to display their appearance accurately, we cannot guarantee that an electronic device’s display of their appearance accurately reflects the appearance of any products. Your product may vary slightly in appearance from those images.

27.2     Product packaging may vary. Any packaging of the product may vary from that shown in images on our websites.

27.3    Making sure your requirements are accurate. If we are producing any product to your requirements (which you have provided to us), you are responsible for ensuring that such requirements are correct and appropriate.

27.4    If you wish to make a change to any product you have ordered from our shop, please contact us. We will aim to promptly let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply, or anything else which would be appropriate for you to know as a result of your requested change, and we will aim to promptly ask you to confirm whether (or not) you wish to go ahead with the changes.

28      Our rights to make changes

28.1    Minor changes to the products. We may change any product:

a.      to reflect changes in relevant laws and regulatory requirements (from time-to-time); and

b.      to implement minor technical adjustments and improvements; for example, to address a security threat. These changes should not affect your use of any product.

28.2    More significant changes to the products and these terms. In addition (as we informed you in the description of the product on our websites), we may make more significant changes to the product and these terms, but if we do so, we will aim to promptly notify you, and you may then contact us to end the contract before the changes take effect, and receive a refund for any products paid for but not received.

28.3     Updates to digital content. We may update, or require you to update digital content, provided that the digital content shall always match the description of it (that we provided to you before you bought it).

© Rosewater Wellness Ltd 2020 All Rights Reserved