LEGAL
Terms & Conditions
Digital Products Terms of Sale and Licence Agreement
Important Notice
Please read this Agreement carefully before purchasing, downloading, accessing or using any Digital Product supplied by Carla Marcos Hypnotherapy.
This Agreement constitutes a legally binding contract between you and Carla Marcos López, trading as Carla Marcos Hypnotherapy ("Carla Marcos Hypnotherapy", "we", "us" or "our").
By placing an Order, completing a purchase, accessing, downloading, streaming or otherwise using any of our Digital Products, you confirm that you have read, understood and agreed to be bound by this Agreement.
If you do not agree to these Terms, you must not purchase, access or use our Digital Products.
Nothing in this Agreement is intended to exclude, restrict or limit any mandatory rights available to consumers under applicable law. Where mandatory consumer protection legislation grants you rights that cannot lawfully be excluded or limited, those rights shall prevail to the extent required by law.
Plain English Summary
This summary is provided solely for convenience and does not form part of the legally binding Agreement.
Our aim is simple.
We want you to enjoy our Digital Products, benefit from them and have an excellent customer experience.
These Terms explain:
- how purchases are made;
- how your Digital Products are delivered;
- the licence you receive to use them;
- how your personal information is handled;
- when refunds may be available;
- what happens if technical issues arise;
- how our intellectual property is protected; and
- the rights and responsibilities of both parties.
We have written these Terms in clear, straightforward language because we believe legal documents should be understandable as well as legally robust.
Part I – Definitions and Interpretation
1. Definitions
In this Agreement, unless the context otherwise requires, the following expressions shall have the meanings set out below.
"Agreement"
means these Digital Products Terms of Sale and Licence Agreement, together with any documents expressly incorporated by reference, including our Privacy Policy and any Product-Specific Terms.
"Applicable Law"
means any law, regulation, statutory instrument, governmental requirement, code of practice or legally binding regulatory obligation applicable to the supply of the Digital Products
"Business Customer"
means any person, company, organisation, charity, educational institution, public authority or other entity purchasing or accessing a Digital Product wholly or mainly for purposes relating to its trade, business, profession or occupation.
"Business Day"
means any day other than a Saturday, Sunday or public holiday in England on which banks in London are generally open for business.
"Client Portal"
means any secure online platform, learning management system, membership area, customer dashboard or digital environment through which we make Digital Products available to Customers.
"Consumer"
means an individual acting wholly or mainly for purposes outside that individual's trade, business, craft or profession.
"Content"
means any material made available by us, including without limitation:
- hypnosis recordings;
- audio recordings;
- self-hypnosis sessions;
- meditation recordings;
- digital books;
- eBooks;
- PDFs;
- workbooks;
- practice companions;
- guides;
- courses;
- videos;
- scripts;
- transcripts;
- graphics;
- illustrations;
- photographs;
- downloads;
- templates;
- written materials;
- educational resources;
- bonuses;
- updates;
- accompanying documentation; and
- any other intellectual property supplied by us in digital form.
"Customer"
means any Consumer or Business Customer who purchases, accesses or uses a Digital Product.
"Digital Product"
means any digital content supplied by Carla Marcos Hypnotherapy, whether free or paid, including but not limited to:
- hypnosis recordings;
- audio programmes;
- sleep recordings;
- wellbeing recordings;
- confidence recordings;
- digital books;
- eBooks;
- downloadable PDFs;
- practice companions;
- workbooks;
- online courses;
- educational resources;
- client portal resources;
- bonus materials;
- downloadable files;
- streamed content; and
- any future digital products made available by us.
"Force Majeure Event"
means any circumstance beyond a party's reasonable control including, without limitation:
- acts of God;
- natural disasters;
- epidemics or pandemics;
- war;
- terrorism;
- civil unrest;
- cyber-attacks;
- internet outages;
- interruption of utilities;
- industrial disputes;
- governmental action;
- failure of third-party hosting providers;
- payment processor outages; or
- any other event that materially prevents performance despite reasonable efforts.
"Intellectual Property Rights" means all present and future intellectual property rights throughout the world, whether registered or unregistered, including copyrights, trade marks, service marks, design rights, database rights, patents, trade secrets, know-how, confidential information, moral rights and all similar rights recognised under applicable law.
"Licence" means the limited, personal, non-exclusive, non-transferable, revocable licence granted under this Agreement to access and use the Digital Products in accordance with their intended purpose.
"Order" means any request by a Customer to purchase or obtain access to a Digital Product through our Website, Client Portal or any authorised sales channel.
"Personal Use" means private, non-commercial use solely by the Customer who purchased or lawfully obtained the Digital Product.
"Product-Specific Terms" means any additional terms, notices, licences, copyright statements, usage instructions, disclaimers or conditions supplied in relation to a particular Digital Product.
"Website" means any website owned or operated by Carla Marcos Hypnotherapy through which Digital Products are promoted or supplied, together with any successor domains.
"You" and "Your" mean the individual or legal entity purchasing or using the Digital Products.
"We", "Us" and "Our" mean Carla Marcos López, trading as Carla Marcos Hypnotherapy.
2. Interpretation
Unless the context requires otherwise:
a. headings are included for convenience only and do not affect interpretation;
b. words importing the singular include the plural and vice versa;
c. references to one gender include all genders;
d. references to a person include individuals, companies, partnerships, charities, public bodies and other legal entities;
e. references to legislation include any amendment, replacement or re-enactment of that legislation;
f. the words including, includes, such as, for example and similar expressions shall be interpreted as illustrative only and shall not limit the generality of the preceding words;
g. any obligation not to do something includes an obligation not to permit, assist or facilitate another person in doing that thing; and
h. where any provision of this Agreement is found to be invalid or unenforceable under Applicable Law, the remaining provisions shall continue in full force and effect to the fullest extent permitted by law.
Part II – About Us, Eligibility to Purchase, Acceptance of this Agreement, Orders and Formation of Contract
3. About Us
3.1 This Agreement governs the supply of all Digital Products made available by Carla Marcos López, trading as Carla Marcos Hypnotherapy ("Carla Marcos Hypnotherapy", "we", "us" or "our").
3.2 Carla Marcos Hypnotherapy is a United Kingdom-based business specialising in neuroscience-informed clinical hypnotherapy, solution-focused psychotherapy and hypnosis, wellbeing education and the creation of proprietary Digital Products designed to support psychological wellbeing, personal development, performance and emotional resilience.
3.3 Our principal website is:
www.carlamarcoshypnotherapy.co.uk
3.4 Unless expressly stated otherwise, all Products supplied under this Agreement are Digital Products.
3.5 Nothing in this Agreement creates a therapist-client relationship, healthcare provider-patient relationship, fiduciary relationship or ongoing duty of care solely by virtue of purchasing a Digital Product.
Such relationships arise only where expressly agreed under a separate written agreement relating to professional clinical services.
4. Eligibility to Purchase
4.1 By placing an Order you confirm that:
a. you are at least eighteen (18) years of age; or
b. if you are under eighteen (18), the purchase has been authorised by your parent or legal guardian who accepts this Agreement on your behalf.
4.2 You confirm that you have the legal capacity to enter into a binding contract.
4.3 Where you purchase on behalf of a company or other organisation, you warrant that you possess authority to bind that organisation to this Agreement.
4.4 We reserve the right to refuse any Order where we reasonably believe that:
- false information has been provided;
- fraudulent activity may have occurred;
- applicable laws prohibit the transaction;
- payment cannot be authorised;
- the transaction presents an unacceptable commercial or legal risk.
Such refusal shall not create any liability on our part.
5. Acceptance of this Agreement
5.1 By:
- placing an Order;
- clicking any button indicating acceptance;
- completing payment;
- requesting immediate access;
- downloading any Product;
- streaming any Product;
- accessing the Client Portal;
- receiving access credentials; or
- otherwise using a Digital Product,
you acknowledge that you have read, understood and agreed to be legally bound by this Agreement.
5.2 Where required by Applicable Law, you may be asked to actively indicate your acceptance by selecting an "I Agree" checkbox or similar confirmation before completing your purchase.
5.3 You acknowledge that electronic acceptance carries the same legal effect as a handwritten signature.
6. Entire Contract
6.1 This Agreement constitutes the complete agreement governing your purchase and use of our Digital Products.
6.2 It supersedes all previous discussions, proposals, communications, representations and understandings relating to the subject matter of this Agreement.
6.3 Nothing in this clause excludes liability for fraudulent misrepresentation.
7. Relationship Between Documents
7.1 This Agreement should be read together with:
- our Privacy Policy;
- our Cookie Policy;
- any Product-Specific Terms;
- any licence notices accompanying a Product; and
- any notices displayed during the purchasing process.
7.2 Where Product-Specific Terms apply to a particular Product, those Product-Specific Terms shall supplement this Agreement.
7.3 In the event of any inconsistency:
a. mandatory consumer protection legislation shall prevail;
b. Product-Specific Terms shall prevail only to the extent necessary for that Product;
c. this Agreement shall otherwise prevail.
8. Orders
8.1 All Orders are subject to acceptance by us.
8.2 Submission of an Order does not automatically create a binding contract.
8.3 A contract is formed only when:
a. payment has been successfully authorised (where applicable); and
b. we have accepted your Order by providing access to the Product, issuing a confirmation email, making the Product available within the Client Portal or otherwise confirming acceptance.
8.4 We reserve the right to decline any Order prior to acceptance without giving reasons, provided that nothing in this clause affects mandatory legal rights.
9. Accuracy of Information
9.1 You are responsible for ensuring that all information provided during checkout is complete, accurate and up to date. This includes, without limitation:
- your name;
- billing address;
- email address;
- payment information; and
- any other information necessary for delivery.
9.2 We shall not be responsible for delays or failed delivery arising from inaccurate or incomplete information supplied by you.
9.3 If you become aware that incorrect information has been provided, you should notify us promptly.
Where reasonably practicable, we will endeavour to update your information before delivery is completed.
10. Product Information
10.1 We take reasonable care to ensure that descriptions, images, specifications and information relating to our Products are accurate.
10.2 However:
a. colours may vary depending upon device settings;
b. product images are illustrative unless expressly stated otherwise;
c. Product layouts, graphics and presentation may differ slightly between platforms or devices.
10.3 Minor typographical errors, formatting differences or non-material variations shall not constitute defects.
11. Product Improvements
11.1 We continually improve our Products.
Accordingly, we reserve the right to:
- update;
- improve;
- correct;
- revise;
- redesign;
- expand;
- enhance; or
- modify our Products from time to time.
11.2 Such improvements may include:
- updated recordings;
- revised educational content;
- improved sound quality;
- enhanced graphics;
- corrected typographical errors;
- additional bonus materials;
- improved downloads;
- improved accessibility features.
11.3 Unless expressly stated otherwise, purchasing a Product does not guarantee entitlement to future editions, upgraded versions or additional content released after the original purchase.
11.4 Where we choose to provide updates free of charge, this shall not create any ongoing obligation to continue doing so.
12. Complimentary Products and Bonuses
12.1 From time to time we may provide complimentary resources, bonus materials or promotional Products.
12.2 Unless expressly stated otherwise:
a. complimentary Products are supplied "as is";
b. they may be modified or withdrawn without notice;
c. they form part of our Intellectual Property;
d. they remain subject to this Agreement.
12.3 Complimentary Products have no cash value and may not be exchanged for alternative Products or credit.
13. Promotions and Discount Codes
13.1 Promotional offers are available only during the period specified.
13.2 Unless expressly stated otherwise:
- only one promotional code may be used per transaction;
- discount codes have no cash value;
- discounts cannot be applied retrospectively after purchase.
13.3 We reserve the right to withdraw, suspend or amend promotions at any time before a contract is formed.
13.4 Where we reasonably believe that a promotion has been used fraudulently or contrary to its intended purpose, we reserve the right to refuse the discount or cancel the affected Order.
14. Errors and Pricing Mistakes
14.1 Whilst we take reasonable care to ensure pricing accuracy, errors may occasionally occur.
14.2 If we discover an obvious pricing error before acceptance of your Order, we reserve the right to:
- cancel the Order;
- refuse the Order; or
- contact you with the correct price before proceeding.
14.3 Where payment has already been taken for an Order that cannot reasonably be fulfilled due to an obvious pricing error, any payment received shall be refunded promptly using the original payment method.
15. Business Continuity
15.1 We take reasonable steps to ensure continuity of our digital services.
15.2 However, you acknowledge that certain aspects of delivery rely upon third-party providers including, for example:
- payment processors;
- hosting providers;
- cloud storage providers;
- client portal providers;
- internet service providers;
- email providers.
15.3 Temporary interruptions affecting such services may occur from time to time despite reasonable precautions.
15.4 We shall not be liable for interruptions caused solely by failures of independent third-party providers beyond our reasonable control, except where liability cannot lawfully be excluded.
Part III – Prices, Currency, Payment, Digital Delivery and Customer Accounts
16. Prices
16.1 All prices displayed on our Website, Client Portal or any authorised sales platform are quoted in the currency specified at the time of purchase.
16.2 Unless expressly stated otherwise, prices are displayed in United States Dollars (USD).
16.3 We reserve the right to change our prices at any time prior to the formation of a contract.
16.4 Any price change shall not affect Orders that have already been accepted.
16.5 Prices may vary between Products, promotions, platforms or territories.
16.6 Unless expressly stated otherwise, promotional pricing is temporary and does not establish a continuing entitlement to purchase future Products at the same price.
17. Taxes
17.1 Prices may or may not include taxes depending upon:
- your country of residence;
- the applicable tax legislation;
- the platform through which the purchase is made; and
- the payment processor used.
17.2 Where taxes, duties or similar charges are legally payable by you, you remain responsible for those amounts unless Applicable Law requires us to collect them.
17.3 If Applicable Law requires us to collect VAT, GST, sales tax or similar indirect taxes, these may be added at checkout where appropriate.
17.4 You acknowledge that local tax treatment varies internationally and that we cannot provide tax advice.
18. Currency Exchange
18.1 Where your payment method is denominated in a currency other than USD, your payment provider or financial institution may convert the transaction into your local currency.
18.2 Exchange rates are determined by your financial institution or payment provider.
18.3 We are not responsible for:
- exchange rate fluctuations;
- foreign transaction fees;
- currency conversion charges;
- bank fees; or
- similar charges imposed by third parties.
18.4 Refunds, where applicable, shall normally be processed in the original transaction currency. We are not responsible for any differences arising from exchange rate movements between the original purchase and any subsequent refund.
19. Payment Methods
19.1 We accept the payment methods displayed during checkout.
19.2 Payment processing is carried out by independent third-party payment providers.
19.3 By submitting payment information, you confirm that:
a. you are authorised to use the payment method;
b. the payment information supplied is accurate;
c. the payment method has sufficient available funds or credit.
19.4 We do not store full payment card details.
19.5 Your payment is subject to the terms and security procedures of the relevant payment processor.
20. Failed Payments
20.1 If payment cannot be authorised, we shall not be obliged to provide access to the Product.
20.2 We reserve the right to suspend delivery pending successful payment.
20.3 If payment is subsequently reversed, cancelled or recalled without lawful justification after Digital Products have been supplied, we reserve all legal rights available to us.
21. Fraud Prevention
21.1 We reserve the right to undertake reasonable fraud prevention measures.
21.2 Where we reasonably suspect fraud, identity theft, unauthorised use of payment details or other unlawful activity, we may:
- delay processing;
- request additional verification;
- refuse the Order;
- suspend access;
- cancel the transaction;
- notify the relevant payment provider; or
- take any other lawful action reasonably necessary to protect our business or affected parties.
21.3 Nothing in this clause limits any statutory rights available to Consumers.
DIGITAL DELIVERY
22. Digital Delivery
22.1 Our Products are supplied electronically.
22.2 Delivery may occur by means including:
- email;
- secure download;
- Client Portal access;
- streaming;
- online course platform;
- cloud-based access;
- digital library;
- or any other delivery method specified at the time of purchase.
22.3 Delivery shall be deemed complete when the Product has been made available using any of the methods described above.
23. Completion of Delivery
For the purposes of this Agreement, delivery shall be deemed completed when one or more of the following has occurred:
- an access email has been sent;
- download instructions have been issued;
- the Product has been made available within the Client Portal;
- streaming access has been enabled;
- login credentials have been provided;
- purchase confirmation has been issued confirming access;
- the Product has otherwise been made available for your use.
Actual downloading, opening or use of the Product is not required for delivery to be deemed complete.
24. Customer Responsibilities Following Delivery
24.1 Following delivery you are responsible for:
- checking your inbox;
- checking spam, junk, promotions and other email folders;
- ensuring your device meets any minimum technical requirements;
- downloading or accessing the Product within any applicable access period;
- maintaining appropriate internet access where required;
- keeping your login details secure.
24.2 Failure to complete any of the above shall not of itself constitute non-delivery.
25. Availability
25.1 We aim to make our Digital Products available promptly following successful purchase.
25.2 However, delivery times may occasionally vary due to:
- payment verification;
- maintenance;
- software updates;
- internet interruptions;
- third-party platform delays;
- Force Majeure Events; or
- other circumstances beyond our reasonable control.
25.3 Time shall not be of the essence unless expressly agreed in writing.
26. Temporary Interruptions
26.1 We may temporarily suspend access where reasonably necessary for:
- maintenance;
- upgrades;
- security improvements;
- migration to improved platforms;
- legal compliance; or
- operational reasons.
26.2 Wherever reasonably practicable we shall endeavour to minimise disruption.
26.3 Temporary interruptions shall not normally constitute a breach of this Agreement.
27. Product Availability
27.1 We reserve the right to discontinue, withdraw or retire Products at any time.
27.2 Where reasonably practicable we shall honour purchases already completed.
27.3 We may replace discontinued Products with updated or substantially equivalent versions where appropriate.
27.4 Nothing in this clause obliges us to continue producing or supporting any particular Product indefinitely.
CUSTOMER ACCOUNTS
28. Customer Accounts
28.1 Certain Products require creation of a Customer Account.
28.2 You are responsible for maintaining the confidentiality of your login credentials.
28.3 You agree not to:
- share login details;
- allow others to access your account;
- circumvent security measures;
- impersonate another user;
- create multiple accounts to bypass restrictions.
28.4 You remain responsible for all activity occurring through your account unless you notify us promptly of unauthorised access.
29. Security
29.1 If you believe your account has been compromised, you must notify us without undue delay.
29.2 We may temporarily suspend access where reasonably necessary to protect your account or our systems.
30. Customer Support
30.1 If you experience genuine technical difficulties accessing your Product, please contact us.
30.2 Before contacting us, we recommend checking:
- your internet connection;
- spam and junk folders;
- device compatibility;
- browser updates;
- login credentials.
30.3 We will use reasonable commercial efforts to investigate genuine technical access issues.
30.4 While we strive to respond promptly, response times may vary depending on demand, weekends, public holidays and circumstances outside our reasonable control.
Part IV – Licence to Use the Digital Products and Intellectual Property Rights
The Digital Products supplied by Carla Marcos Hypnotherapy represent a significant investment of professional expertise, creativity, research, clinical experience and intellectual effort. This Part explains the limited licence granted to Customers and the protections applicable to our Intellectual Property Rights.
31. Ownership of Intellectual Property
31.1 All Intellectual Property Rights in the Digital Products remain vested exclusively in Carla Marcos López (trading as Carla Marcos Hypnotherapy) or, where applicable, the relevant third-party rights holder.
31.2 Nothing contained in this Agreement shall operate to assign, transfer, license (except as expressly stated herein), sell or otherwise dispose of any Intellectual Property Rights.
31.3 Purchasing a Digital Product grants you permission to use that Product in accordance with this Agreement. It does not transfer ownership of the Product or any Intellectual Property Rights contained within it.
31.4 All goodwill arising from the use of our trade names, branding, logos, trade marks and other distinctive business identifiers shall accrue solely for our benefit.
32. Licence Granted
Subject to your continuing compliance with this Agreement, we grant you a limited:
- personal;
- non-exclusive;
- non-transferable;
- non-sublicensable;
- revocable licence to access and use the Digital Product solely for your own Personal Use.
This licence is granted for the purpose for which the Product was designed and for no other purpose.
33. Nature of the Licence
33.1 The licence granted under this Agreement is a licence to use Intellectual Property.
It is not:
- a sale of copyright;
- a transfer of ownership;
- an assignment of Intellectual Property;
- an unrestricted licence;
- a perpetual guarantee of access to any particular technology or delivery platform.
33.2 Your rights are limited to those expressly granted by this Agreement.
All rights not expressly granted are reserved.
34. Personal Use Only
Unless expressly authorised in writing by Carla Marcos Hypnotherapy, the licence granted under this Agreement permits Personal Use only.
Without limitation, this means the Digital Products may not be used:
- within any business;
- by multiple users;
- within organisations;
- in schools;
- universities;
- hospitals;
- healthcare settings;
- coaching businesses;
- therapeutic practices;
- corporate wellbeing programmes;
- training courses;
- membership organisations;
- charities;
- government departments;
- or any other institutional environment.
Where an organisation wishes to use our Digital Products, an appropriate commercial licence must first be obtained.
35. Prohibited Uses
Except where expressly authorised by us in writing or permitted by Applicable Law, you must not:
a. copy the Products;
b. reproduce the Products;
c. modify the Products;
d. edit the Products;
e. adapt the Products;
f. translate the Products;
g. create derivative works;
h. publish the Products;
i. redistribute the Products;
j. lend the Products;
k. rent the Products;
l. lease the Products;
m. sublicense the Products;
n. resell the Products;
o. commercially exploit the Products;
p. broadcast the Products;
q. publicly perform the Products;
r. upload the Products to websites;
s. upload the Products to file-sharing services;
t. upload the Products to cloud services intended for sharing with others;
u. distribute copies to third parties;
v. remove copyright notices;
w. remove trade mark notices;
x. attempt to circumvent technological protection measures;
y. reverse engineer any protected digital systems; or
z. knowingly assist another person in undertaking any prohibited activity.
36. Household Use
36.1 Unless expressly stated otherwise, each licence permits use by one individual purchaser only.
36.2 The Product may not be shared with family members, friends, colleagues or any other third party.
37. Professional Use
Unless expressly licensed, the Products may not be:
- incorporated into professional services;
- used with clients;
- used during therapy sessions;
- used in coaching;
- incorporated into training programmes;
- used in workshops;
- used in seminars;
- used in retreats;
- played publicly;
- used within commercial wellbeing programmes.
38. Educational Institutions
Educational establishments require an institutional licence before using our Products with students.
39. Corporate Licences
Businesses wishing to make Products available to employees require a separate written corporate licence.
40. Copyright Notices
You must not alter, obscure or remove:
- copyright notices;
- licence notices;
- branding;
- ownership statements;
- watermarks;
- digital rights management information;
- attribution notices.
41. Reservation of Rights
All rights not expressly granted under this Agreement are reserved.
Nothing in this Agreement shall be interpreted as granting any implied licence.
42. Monitoring Misuse
Where reasonably necessary to protect our Intellectual Property Rights, we reserve the right to investigate suspected breaches of this Agreement.
Such investigations may include reviewing:
- purchase history;
- account activity;
- access records;
- download logs (where available);
- communications relating to the Product;
- publicly available information relevant to the suspected breach.
We will conduct any such investigation in accordance with Applicable Law and our Privacy Policy.
43. Remedies
Where we reasonably believe this Part has been breached, we may, without prejudice to any other rights available to us:
- suspend access;
- terminate the licence;
- require deletion of unauthorised copies;
- require cessation of unauthorised use;
- refuse future purchases;
- seek payment of appropriate licence fees where commercial use has occurred;
- pursue available legal remedies;
- notify relevant third parties where reasonably necessary to protect our Intellectual Property Rights.
44. Survival
The Intellectual Property provisions contained within this Agreement shall survive termination of the licence and shall remain binding for so long as the relevant Intellectual Property Rights continue to exist.
Part V – Artificial Intelligence, Emerging Technologies, Acceptable Use and Protection of Proprietary Content
45. Purpose of this Part
45.1 The Digital Products supplied by Carla Marcos Hypnotherapy embody significant professional expertise, creative expression, educational content and original intellectual effort developed over many years.
45.2 The purpose of this Part is to protect those legitimate commercial interests whilst permitting Customers to enjoy and benefit from the Products for their intended Personal Use.
45.3 Nothing contained within this Part is intended to prevent lawful personal use of generally available technology, provided such use remains consistent with this Agreement and does not infringe our Intellectual Property Rights or other legal rights.
46. Acceptable Use
46.1 You may use the Digital Products solely:
a. for your own Personal Use;
b. in accordance with this Agreement;
c. in compliance with Applicable Law.
46.2 You agree to use the Products respectfully and only for the purpose for which they have been supplied.
46.3 You must not knowingly use the Products in any manner likely to damage our Intellectual Property Rights, business reputation or legitimate commercial interests.
47. Artificial Intelligence
For the purposes of this Agreement, Artificial Intelligence Systems include, without limitation:
- generative artificial intelligence;
- large language models;
- machine learning systems;
- deep learning systems;
- neural networks;
- synthetic media systems;
- voice synthesis systems;
- voice cloning technologies;
- automated transcription systems;
- retrieval-augmented generation systems;
- vector databases;
- embedding technologies;
- autonomous software agents;
- or any future technologies performing substantially similar functions.
48. Prohibited AI Uses
Except where we have given prior written permission, you must not use any Digital Product, or any substantial part of it, for the purpose of:
a. training an Artificial Intelligence System;
b. fine-tuning an Artificial Intelligence System;
c. evaluating machine learning models;
d. creating datasets;
e. generating embeddings;
f. creating retrieval databases;
g. developing commercial prompts;
h. developing automated coaching systems;
i. developing automated therapy systems;
j. developing automated hypnosis systems;
k. developing automated wellbeing applications;
l. generating competing products;
m. reproducing our educational materials through automated systems;
n. extracting hypnosis scripts;
o. extracting substantial portions of written content;
p. automated content harvesting;
q. commercial data mining;
r. systematic scraping;
s. reverse engineering the educational structure of the Products;
t. or any substantially similar commercial or technological activity.
49. Voice Protection
Without our prior written consent you must not:
a. clone, synthesise or simulate Carla Marcos López's voice;
b. generate new recordings designed to imitate Carla Marcos López;
c. create synthetic speech substantially reproducing the style, delivery or performance contained within the Products;
d. use the Products for the purpose of training voice synthesis systems.
50. Automated Transcription
You must not create or distribute complete or substantially complete transcriptions of our recordings for any commercial purpose. Nothing in this clause prevents personal note-taking or reasonable quotation permitted by Applicable Law.
51. Data Extraction
You must not use automated tools to:
- scrape;
- harvest;
- extract;
- index;
- catalogue;
- compile;
- or systematically analyse our Products for commercial purposes.
52. Derivative Products
Without our prior written permission you must not create products that are substantially derived from our Products including:
- modified recordings;
- adapted scripts;
- translated commercial editions;
- rewritten educational materials;
- commercial summaries;
- competing hypnosis recordings substantially reproducing our original creative expression;
- substantially similar structured programmes based upon our Products.
Nothing in this clause restricts the lawful use of general ideas, facts or concepts that are not protected by intellectual property law.
53. Commercial Benchmarking
You must not acquire our Products primarily for the purpose of:
- analysing them for commercial replication;
- developing competing commercial products;
- systematically comparing them with competing offerings for publication;
- producing competing educational materials based substantially upon our Products.
Nothing in this clause restricts honest reviews, commentary or other uses permitted by Applicable Law.
54. Security Measures
You must not intentionally bypass, disable or interfere with technological measures designed to protect:
- access controls;
- licence restrictions;
- copyright notices;
- authentication systems;
- digital rights management;
- or other security features.
55. Confidential Elements
Where any Product contains materials expressly identified as confidential or proprietary, you agree to maintain their confidentiality except where disclosure is required by law.
56. Future Technologies
The restrictions contained within this Agreement apply equally to future technologies performing substantially similar functions to those specifically described.
The absence of a specific technological example shall not be interpreted as permission to use the Products in a manner inconsistent with the principles of this Agreement.
57. Research and Academic Use
Academic institutions, researchers and students remain subject to this Agreement.
Nothing prevents lawful quotation, criticism, review or other uses permitted under Applicable Law.
However, reproduction or distribution of substantial portions of our Products requires our prior written permission unless otherwise permitted by law.
58. Reservation of Commercial Opportunities
Nothing contained within this Agreement limits our right to:
- develop new technologies;
- license our Products;
- enter commercial partnerships;
- grant institutional licences;
- authorise Artificial Intelligence collaborations;
- develop future delivery methods;
- or otherwise exploit our Intellectual Property Rights.
59. Survival
The obligations contained within this Part shall survive termination of this Agreement to the extent necessary to protect our Intellectual Property Rights and legitimate commercial interests.
Part VI – Responsible Use, Health Information, Educational Purposes and No Guarantee of Results
60. Purpose of this Part
60.1 Our Digital Products are designed to support education, wellbeing, personal development and self-improvement through a combination of neuroscience-informed educational content, solution-focused principles, hypnosis and related methodologies.
60.2 This Part explains the intended purpose of our Products together with important health and safety information.
60.3 Nothing contained in this Part is intended to discourage any Customer from seeking appropriate medical, psychological or other professional support where required.
61. Educational Purpose
61.1 Unless expressly stated otherwise, our Digital Products are supplied for educational, informational and personal wellbeing purposes.
61.2 They are intended to assist Customers in learning skills, developing understanding and supporting their own wellbeing.
61.3 Purchasing a Digital Product does not establish:
- a therapist-client relationship;
- a doctor-patient relationship;
- a psychologist-patient relationship;
- ongoing clinical supervision;
- medical care;
- psychiatric treatment;
- or any continuing professional relationship.
61.4 Professional therapeutic services are provided only under a separate written agreement relating to Clinical Hypnotherapy Services.
62. No Medical Advice
62.1 The Products do not constitute medical advice.
62.2 Nothing contained within the Products should be interpreted as:
- diagnosis;
- treatment;
- medical recommendation;
- psychiatric advice;
- psychological diagnosis;
- emergency intervention;
- healthcare advice;
- or a substitute for consultation with an appropriately qualified healthcare professional.
62.3 Customers should consult an appropriately qualified healthcare professional regarding any medical concerns.
63. Professional Advice
63.1 Our Products should not be relied upon as the sole basis for decisions concerning:
- medical treatment;
- mental healthcare;
- medication;
- diagnosis;
- crisis management;
- emergency situations.
63.2 If you are uncertain whether a Product is suitable for you, we recommend seeking advice from an appropriately qualified healthcare professional before using it.
64. Emergency Situations
64.1 Our Products are not intended for use during medical or psychological emergencies.
64.2 If you believe that you or another person is experiencing an emergency, you should immediately contact the appropriate emergency services or healthcare provider in your jurisdiction.
64.3 We do not provide crisis intervention services.
65. Hypnosis Recordings
65.1 Hypnosis recordings are designed for listening in safe and appropriate environments.
65.2 You must not listen whilst:
- driving;
- cycling;
- operating machinery;
- supervising activities requiring your full attention;
- undertaking hazardous activities;
- or any situation in which reduced concentration may create a risk.
65.3 You remain responsible for deciding whether it is safe to listen.
66. Health Considerations
66.1 Certain Customers may wish to seek medical advice before using hypnosis or deep relaxation recordings.
This may include, for example, individuals with:
- epilepsy;
- certain neurological conditions;
- a history of psychosis;
- severe dissociative conditions;
- or any condition where a healthcare professional has advised caution regarding hypnosis or deep relaxation.
66.2 The examples above are illustrative only and are not intended to constitute medical advice or an exhaustive list.
67. Children
67.1 Unless expressly stated otherwise, our Digital Products are intended for adults.
67.2 Where Products are specifically designed for younger users, they should be purchased and supervised by a parent or legal guardian where appropriate.
68. Individual Responsibility
68.1 You remain responsible for:
- deciding whether a Product is appropriate for your own circumstances;
- following any instructions accompanying the Product;
- using the Product responsibly;
- obtaining professional advice where appropriate.
68.2 You acknowledge that personal wellbeing depends upon many factors beyond the scope of any Digital Product.
69. No Guarantee of Results
69.1 Every individual is unique.
69.2 The effectiveness of educational resources, self-development materials, hypnosis recordings and wellbeing programmes depends upon numerous factors including, without limitation:
- individual circumstances;
- consistency of use;
- motivation;
- engagement;
- lifestyle factors;
- existing health conditions;
- environmental influences;
- and many other variables beyond our control.
69.3 Accordingly, we do not warrant or guarantee that any Customer will achieve:
- a particular therapeutic outcome;
- a specific emotional outcome;
- improved health;
- reduced symptoms;
- business success;
- improved performance;
- financial benefit;
- behavioural change;
- personal transformation;
- or any other particular result.
69.4 Testimonials, case studies, reviews and customer stories are provided to illustrate individual experiences.
They should not be interpreted as guarantees that similar outcomes will be achieved by other Customers.
70. Scientific Information
70.1 From time to time our Products may refer to scientific research, neuroscience, psychology or related disciplines.
70.2 Such references are provided for educational purposes only.
70.3 Scientific understanding evolves over time. Accordingly, we do not guarantee that every scientific theory, publication or area of research referred to within our Products will remain unchanged indefinitely.
70.4 We reserve the right to revise educational content to reflect developing knowledge and evidence.
71. Third-Party Resources
71.1 Our Products may occasionally refer to books, websites, organisations, scientific publications or other third-party resources.
71.2 Such references are provided solely for educational convenience.
71.3 Unless expressly stated otherwise, inclusion of any third-party resource does not constitute endorsement, recommendation or responsibility for its content.
72. Personal Opinions
72.1 Certain Products may include personal observations, reflections or professional opinions.
72.2 Such opinions are honestly held at the time of publication but should not be interpreted as statements of universally accepted fact.
73. Customer Responsibility
73.1 You acknowledge that lasting personal change is an active process requiring your own participation.
73.2 Our Products are intended to support that process but cannot replace your own judgement, decisions or actions.
74. No Professional Reliance
74.1 Business Customers, practitioners, coaches, therapists, healthcare professionals and organisations remain responsible for exercising their own independent professional judgement.
74.2 Our Products should not be relied upon as a substitute for appropriate professional qualifications, supervision or regulatory compliance.
Part VII – Refunds, Cancellations, Consumer Rights, Chargebacks and Customer Support
75. Our Philosophy
75.1 We are committed to providing high-quality Digital Products and an excellent customer experience.
75.2 We recognise that genuine issues may occasionally arise and, where they do, we will endeavour to resolve them fairly, professionally and in accordance with this Agreement and Applicable Law.
75.3 At the same time, because Digital Products cannot ordinarily be returned once supplied, different legal principles apply to Digital Products than to physical goods.
76. Nature of Digital Products
76.1 Our Products consist of digital content supplied electronically.
76.2 Unlike physical goods, Digital Products:
- cannot ordinarily be returned;
- may be copied once accessed;
- may remain in the Customer's possession after delivery;
- may be capable of immediate use.
76.3 Accordingly, the refund provisions contained within this Part reflect the particular characteristics of Digital Products together with applicable consumer protection legislation.
77. Immediate Access
77.1 By placing an Order for a Digital Product you expressly request that we begin supplying the Digital Product immediately following completion of your purchase.
77.2 Where Applicable Law provides a statutory cancellation period for Digital Products, you acknowledge that, by requesting immediate supply, your statutory right to cancel may end once supply has begun, provided the legal requirements for doing so have been met.
77.3 During checkout we may require you to provide an additional confirmation acknowledging this position before your purchase is completed.
78. General Refund Position
78.1 Subject always to Applicable Law, purchases of Digital Products are generally non-refundable once supply has commenced.
78.2 This policy reflects the nature of Digital Products and the licence granted under this Agreement.
78.3 Nothing in this Agreement excludes or limits any mandatory consumer rights that cannot lawfully be excluded.
79. Circumstances Where Refunds Are Not Normally Available
Unless required by Applicable Law or expressly agreed by us in writing, refunds will not normally be provided solely because:
a. you changed your mind;
b. you purchased the wrong Product;
c. you no longer require the Product;
d. you purchased accidentally;
e. you did not achieve your hoped-for outcome;
f. you did not use the Product;
g. you did not complete the Product;
h. you forgot you had purchased the Product;
i. you failed to download or access the Product after delivery;
j. your email filtered our communications into spam, junk or similar folders;
k. your device lacks appropriate software or compatibility;
l. you failed to follow access instructions;
m. you misunderstood the Product despite an accurate description;
n. your personal preferences changed after purchase.
80. Technical Difficulties
80.1 If you experience genuine technical difficulties accessing a Product, please contact us as soon as reasonably practicable.
80.2 We will use reasonable commercial efforts to investigate genuine access issues.
80.3 Where appropriate we may, at our discretion:
- restore access;
- reissue download links;
- provide alternative access;
- replace corrupted files;
- provide an updated version;
- extend an access period;
- or provide another reasonable solution.
80.4 A refund will not normally be the first remedy where another reasonable solution is available.
81. Duplicate Purchases
81.1 If you accidentally purchase the same Product more than once, please contact us promptly.
81.2 Where we are satisfied that a genuine duplicate purchase has occurred, we may, at our discretion:
- issue a refund for the duplicate transaction;
- apply credit towards another Product;
- or provide another appropriate remedy.
82. Faulty Digital Products
82.1 If you believe that:
- you received the wrong Product;
- a Product is materially defective;
- a Product is materially different from its description;
please notify us as soon as reasonably practicable.
82.2 Where required by Applicable Law, we will provide an appropriate remedy which may include:
- repair;
- replacement;
- restoration of access;
- re-supply;
- price reduction;
- refund;
- or another remedy required by law.
83. Customer Responsibility
83.1 Before requesting a refund based upon technical issues, Customers should first:
- check spam folders;
- verify login credentials;
- confirm device compatibility;
- ensure an active internet connection;
- review any access instructions;
- contact us for assistance.
83.2 We are often able to resolve genuine technical issues quickly without requiring formal refund procedures.
84. Exceptional Circumstances
84.1 Although Digital Product purchases are generally final once supply has commenced, we may consider exceptional circumstances on a case-by-case basis.
84.2 Any goodwill gesture made by us shall not:
- create a contractual entitlement;
- establish a precedent;
- amend this Agreement;
- or oblige us to make similar decisions in future cases.
85. Chargebacks
85.1 If you experience any issue relating to your purchase, we encourage you to contact us before initiating a payment dispute or chargeback wherever reasonably possible.
85.2 In many cases we are able to resolve genuine concerns quickly.
85.3 Nothing contained within this clause limits your statutory rights to contact your payment provider where appropriate.
85.4 Where a chargeback is initiated after delivery of a Product, we reserve the right to provide relevant evidence to the payment provider, including, where appropriate:
- purchase records;
- payment confirmation;
- access logs;
- delivery records;
- email communications;
- acceptance of this Agreement;
- portal activity;
- technical records reasonably available to us.
86. Fraudulent Refund Requests
86.1 We reserve the right to refuse refunds where we reasonably believe that a request involves:
- fraud;
- dishonest conduct;
- abuse of this Agreement;
- repeated unjustified refund requests;
- attempted retention of Products after reimbursement;
- unauthorised distribution of Products;
- or other conduct inconsistent with good faith.
86.2 Nothing in this clause affects any mandatory legal rights available under Applicable Law.
87. Consumer Rights
87.1 Nothing contained within this Agreement excludes, restricts or limits any consumer rights that cannot lawfully be excluded or limited under Applicable Law.
87.2 Where any provision of this Agreement conflicts with mandatory legislation, that legislation shall prevail to the extent required by law.
Part VIII – Limitation of Liability, Suspension of Access, Termination, Indemnities and Risk Allocation
88. Purpose of this Part
88.1 This Part allocates certain risks between the parties in a fair and commercially reasonable manner.
88.2 It reflects the nature of Digital Products, the limited licence granted under this Agreement and the price paid for those Products.
88.3 Nothing contained within this Agreement excludes or limits liability where such exclusion or limitation would be unlawful.
89. Liability That Cannot Be Excluded
Nothing contained within this Agreement excludes or limits liability for:
a. death or personal injury resulting from negligence where such liability cannot lawfully be excluded;
b. fraud;
c. fraudulent misrepresentation;
d. any statutory rights that cannot lawfully be excluded;
e. any other liability which Applicable Law prohibits from being excluded or limited.
90. Limitation of Liability
90.1 Subject always to clause 89, our total liability arising out of or in connection with any Digital Product supplied under this Agreement shall, to the fullest extent permitted by Applicable Law, be limited to the amount actually paid by you for the Product giving rise to the claim.
90.2 This limitation applies whether liability arises in contract, tort (including negligence), breach of statutory duty or otherwise.
91. Indirect Losses
Subject to Applicable Law, we shall not be liable for indirect or consequential losses including, without limitation:
- loss of profit;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill;
- loss of reputation;
- loss of data;
- interruption to business;
- loss of contracts;
- or any similar indirect economic loss.
92. Circumstances Beyond Our Control
We shall not be responsible for losses arising directly or indirectly from:
- interruption of internet services;
- failure of telecommunications;
- failure of cloud hosting services;
- software failures;
- hardware failures;
- third-party platform outages;
- cyber incidents affecting independent providers;
- Force Majeure Events;
- or other matters beyond our reasonable control.
93. Customer Equipment
You remain responsible for ensuring that your own:
- computer;
- mobile device;
- tablet;
- browser;
- internet connection;
- software;
- operating system;
- audio equipment;
- and other technology are suitable for accessing the Products.
94. Accuracy of Information
Whilst we take reasonable care in preparing our Products, we do not warrant that every Product will remain:
- complete;
- entirely free from typographical error;
- technically perfect;
- suitable for every individual;
- or appropriate for every particular purpose.
Minor errors that do not materially affect the Product shall not constitute a breach of this Agreement.
95. Customer Decisions
You acknowledge that all decisions made after using our Products remain your own responsibility.
Our Products are intended to support informed personal development but do not replace your own judgement.
96. Third-Party Platforms
From time to time our Products may be supplied through or rely upon independent third-party providers.
Whilst we carefully select reputable providers, we do not control their services.
Accordingly, we cannot guarantee their continued availability, performance or policies.
97. Suspension of Access
We may suspend access to any Product where reasonably necessary:
- to protect our systems;
- to investigate suspected misuse;
- to comply with Applicable Law;
- to respond to security concerns;
- to protect Intellectual Property Rights;
- to investigate suspected fraud;
- or for other legitimate operational reasons.
Where reasonably practicable, we shall endeavour to restore access promptly once the relevant issue has been resolved.
98. Termination
98.1 We may terminate the licence granted under this Agreement where:
a. you materially breach this Agreement;
b. fraudulent activity is reasonably suspected;
c. Intellectual Property Rights are infringed;
d. payment has been unlawfully reversed;
e. continued provision would place us in breach of Applicable Law.
98.2 Termination shall not affect rights or obligations accrued before termination.
98.3 Following termination you must immediately cease using the affected Products.
99. Effect of Termination
Upon termination:
- your licence immediately ends;
- access credentials may be disabled;
- access to the relevant Products may cease;
- any ongoing unauthorised use shall constitute infringement of this Agreement and may also infringe applicable intellectual property laws.
Termination does not affect provisions intended by their nature to survive, including those relating to intellectual property, confidentiality, liability, governing law and dispute resolution.
100. Indemnity
To the extent permitted by Applicable Law, you agree to indemnify Carla Marcos Hypnotherapy against reasonable losses, costs, claims and expenses arising directly from:
- your unlawful use of the Products;
- infringement of our Intellectual Property Rights by you;
- your breach of this Agreement;
- unauthorised commercial exploitation of our Products.
This clause shall not apply to Consumers where Applicable Law prohibits such indemnities or renders them unenforceable.
101. Mitigation of Loss
Both parties agree to take reasonable steps to mitigate any losses arising from any dispute or issue connected with this Agreement.
102. Good Faith Communications
Before commencing formal legal proceedings (except where urgent relief is reasonably required), the parties are encouraged to communicate in good faith with a view to resolving the matter informally where reasonably possible.
Nothing in this clause prevents either party from exercising any legal rights or remedies available under Applicable Law.
103. Preservation of Remedies
No remedy provided under this Agreement shall exclude any other remedy available under Applicable Law unless expressly stated.
The exercise of one right does not prevent the later exercise of another compatible right.
Part IX – Privacy, Confidentiality, Third-Party Services and Business Continuity
104. Privacy
104.1 We are committed to protecting your privacy and processing personal information responsibly and in accordance with applicable data protection legislation.
104.2 Personal information is processed in accordance with our Privacy Policy, which forms an integral part of the contractual framework governing your purchase and use of our Digital Products.
104.3 Our Privacy Policy explains, amongst other matters:
- the information we collect;
- how we use it;
- the lawful bases for processing;
- retention periods;
- your privacy rights;
- security measures;
- international transfers where applicable.
104.4 By placing an Order you acknowledge that your personal information will be processed in accordance with our Privacy Policy.
104.5 Nothing contained within this Agreement limits any rights available to you under applicable data protection legislation.
105. Confidentiality
105.1 We respect the confidentiality of communications received from our Customers.
105.2 Where Customers voluntarily provide personal information, we will treat that information in accordance with our Privacy Policy and Applicable Law.
105.3 Customers likewise agree not to disclose confidential information obtained through access to any Product where such information is expressly identified as confidential or where confidentiality would reasonably be expected.
106. Security
106.1 We use reasonable technical and organisational measures designed to safeguard personal information and Digital Products.
106.2 However, no online system can be guaranteed to be completely secure.
106.3 Customers also play an important role in maintaining security by protecting their login credentials and devices.
107. Third-Party Providers
107.1 We use carefully selected independent service providers to assist in operating our business.
These may include providers of:
- payment processing;
- client portal services;
- website hosting;
- email delivery;
- customer relationship management systems;
- cloud storage;
- analytics;
- marketing;
- digital delivery.
107.2 Such providers operate under their own contractual terms and privacy policies.
107.3 Whilst we exercise reasonable care in selecting reputable providers, we are not responsible for independent services outside our reasonable control.
108. Third-Party Content
108.1 Our Products may occasionally contain references or links to third-party resources.
108.2 Such references are provided solely for convenience or educational purposes.
108.3 Unless expressly stated otherwise, we neither control nor endorse third-party content.
109. Platform Changes
109.1 As technology evolves, we may from time to time:
- replace platforms;
- migrate systems;
- redesign customer journeys;
- improve delivery methods;
- introduce new technologies;
- discontinue outdated systems.
109.2 Such changes are a normal part of operating a modern digital business.
109.3 Nothing contained within this Agreement requires us to continue using any particular platform, software provider, hosting provider or delivery technology indefinitely.
110. Alternative Delivery
Where continued use of a particular platform becomes impossible or commercially impracticable, we reserve the right to supply purchased Digital Products using another delivery method that provides substantially equivalent access.
Such methods may include:
- alternative Client Portals;
- secure downloads;
- streaming;
- cloud access;
- future technologies;
- or other commercially reasonable delivery solutions.
111. Business Continuity
111.1 We maintain reasonable business continuity procedures designed to protect the ongoing operation of our business.
111.2 Nevertheless, Customers acknowledge that digital businesses depend upon technologies and independent service providers whose continued operation cannot be absolutely guaranteed.
111.3 Nothing in this Agreement shall require us to continue providing Products through a technology that has become unavailable, obsolete or commercially unreasonable to maintain.
112. Product Archives
We may retain archival copies of previous Product versions for internal business purposes.
Nothing contained within this Agreement creates an entitlement for Customers to access historic editions unless expressly stated otherwise.
113. Successor Technologies
References within this Agreement to:
- downloads;
- streaming;
- portals;
- cloud services;
- websites;
- applications;
or similar technologies shall include future technologies performing substantially equivalent functions.
Part X – International Customers, Governing Law and Jurisdiction
114. International Availability
114.1 Our Digital Products may be purchased from many countries throughout the world.
114.2 However, Customers are responsible for ensuring that accessing or purchasing our Products is lawful within their own jurisdiction.
114.3 We do not represent that every Product is suitable or legally available in every country.
115. Local Laws
115.1 Customers remain responsible for complying with laws applicable in their own country, state, province or territory.
115.2 Where mandatory local consumer protection legislation applies, nothing contained within this Agreement is intended to reduce rights that cannot lawfully be excluded.
116. Export Restrictions
Where Applicable Law restricts the export, import, distribution or use of Digital Products, Customers agree to comply with those legal requirements.
117. Governing Law
117.1 Subject always to clause 115, this Agreement shall be governed by and interpreted in accordance with the laws of England and Wales.
117.2 The parties expressly agree that English law shall govern the contractual relationship except where mandatory provisions of Applicable Law require otherwise.
118. Jurisdiction
118.1 Subject to mandatory consumer protection legislation, the courts of England and Wales shall have exclusive jurisdiction to determine disputes arising under this Agreement.
118.2 Nothing contained within this clause limits any rights that consumers may possess under mandatory legislation applicable within their own country of residence.
119. Language
This Agreement is drafted in the English language.
Where translations are provided for convenience, the English version shall prevail in the event of inconsistency unless Applicable Law requires otherwise.
Part XI – General Commercial Provisions
120. Force Majeure
Neither party shall be liable for failure or delay in performing obligations caused by a Force Majeure Event.
The affected party shall use reasonable commercial efforts to resume performance as soon as reasonably practicable.
121. Assignment
121.1 Customers may not assign, transfer or otherwise dispose of their rights under this Agreement without our prior written consent.
121.2 We may assign, transfer or novate this Agreement in connection with:
- restructuring;
- succession planning;
- incorporation;
- business sale;
- merger;
- acquisition;
- licensing arrangements;
- or any other legitimate commercial transaction,
provided that doing so does not materially reduce Customers' mandatory legal rights.
122. No Waiver
Failure or delay by either party to exercise any right under this Agreement shall not constitute a waiver of that right.
A waiver shall be effective only if made expressly in writing.
123. Severability
If any provision of this Agreement is found to be unlawful, invalid or unenforceable, that provision shall be severed to the minimum extent necessary.
The remaining provisions shall remain in full force and effect.
124. Entire Agreement
This Agreement constitutes the entire agreement between the parties relating to its subject matter.
Neither party has relied upon representations not expressly contained within this Agreement except where liability for fraudulent misrepresentation cannot lawfully be excluded.
125. No Partnership
Nothing contained within this Agreement creates:
- a partnership;
- agency relationship;
- employment relationship;
- joint venture;
- fiduciary relationship;
- or any similar legal relationship between the parties.
126. Third Party Rights
Except where expressly provided by Applicable Law, no person other than the parties to this Agreement shall acquire rights under it.
127. Electronic Contracting
The parties acknowledge that this Agreement may be entered into electronically.
Electronic acceptance carries the same legal effect as a handwritten signature.
128. Notices
Where this Agreement requires notice to be given, notices may be provided electronically unless Applicable Law requires otherwise.
129. Changes to this Agreement
129.1 We may revise this Agreement from time to time.
129.2 Revised versions shall apply to future purchases from the date they are published.
129.3 Existing purchases shall continue to be governed by the version accepted at the time of purchase unless:
- the revised version is required by law;
- the revision benefits Customers without materially reducing their rights; or
- Customers expressly agree to the revised version.
130. Interpretation Consistent with Applicable Law
This Agreement shall always be interpreted consistently with Applicable Law. Where a provision could reasonably bear more than one interpretation, the interpretation most consistent with Applicable Law shall be preferred.
Part XII – Contact Details
131. Contact
Questions concerning this Agreement may be directed to: Carla Marcos López Trading as: Carla Marcos Hypnotherapy Website: www.carlamarcoshypnotherapy.co.uk Email: carlamarcoshypnotherapy@gmail.com ICO Registration Number: ZB053100
Acknowledgement
By purchasing, accessing or using any Digital Product supplied by Carla Marcos Hypnotherapy, you acknowledge that you have read, understood and agreed to this Agreement. Thank you for taking the time to read these Terms & Conditions. Our aim is to provide clear, fair and transparent terms that protect both our Customers and the original work, expertise and intellectual property invested in creating our Digital Products. Version: 1.0 Effective Date: 30 June 2026 Last Updated: 30 June 2026
