top of page

TERMS AND CONDITIONS OF SERVICE

​

Auris Systems Limited (‘AurisBuddies’) is a limited company number 13178560 whose registered office is at Sunnylea, Laceys Lane, Niton, Isle of Wight PO38 2DN. These Terms and Conditions (‘Agreement’) form the contract between AurisBuddies (‘we’ or ‘us’ or ‘our’) and the Relatives or any persons (‘you’ or ‘customer’) who engage the Service of AurisBuddies on behalf of their father/mother/dependant (‘your parent’) or customer.

​

1. DEFINITIONS 

In these Terms and Conditions:

​

“Appointment” means both the initial session and the second session with an AurisBuddie 

"Confirmation email" means the Conversation, the Summary and/or any subsequent correspondence between us which sets out, confirms or clarifies the details of the Service. 

“Conversation” means the initial conversation between us referenced at clause 3; 

“Fee” means the fee payable to AurisBuddies for the Coaching Service as set out in clause 5; 

“One-to-one Coaching” means a ratio of 1 customer to 1 AurisBuddy per session; 

“Paired Coaching” means a maximum ratio of 2 children to 1 AurisBuddy per session; 

"Service" means the provision described on our website; 

“Service End Date” means the date on which the Service will end as agreed (if at all) in the Confirmation email; 

“Service Start Date” means the date on which the Service will begin as discussed and/or set out in the Confirmation email; 

“AurisBuddy” means the person who is registered with aurisbuddies.com to provide coaching services and who accepts to undertake the service; 

“Coaching” means as discussed/set out in the Confirmation email;

“Coaching Location” is the customer’s home as discussed/set out in the Confirmation email; 

“Working Days” means any day (other than Saturday or Sunday) on which clearing banks are open for business in England.

​

2. GENERAL

​

These Terms and Conditions (and any document referred to in them including the Confirmation email) contain the entire agreement (“Agreement”) between us and you and supersede any prior agreement between us relating to their subject matter. Nothing in this clause shall limit or exclude any liability for fraud.

 

These Terms and Conditions shall apply (and be deemed to be accepted by you) from the date in which you instruct AurisBuddies to attend the first appointment. Unless otherwise agreed in writing by a Director of AurisBuddies, these Terms and Conditions shall prevail over any other terms of business or conditions put forward by you. To the extent that there is any conflict or inconsistency between any Confirmation email and the terms contained herein the terms contained in the Confirmation email shall take precedence for the relevant Service.

​

To the extent that the AurisBuddy is engaged by AurisBuddies as a self-employed individual nothing contained within this Agreement shall constitute the relationship of employer and employee and/or worker or a partnership between AurisBuddies and the AurisBuddy, or between you and the AurisBuddy.

​

3. OUR OBLIGATIONS

​

We will use reasonable endeavours to carry out Coaching of such nature as required for the delivery of the Service. We will ensure that prior to working on a Service the AurisBuddy has provides us with:

​

  • evidence as to his or her identity; 

  • confirmation that he/she has the experience, training and qualifications; 

  • that a current DBS is in place; 

  • and confirmation that he/she is willing to enter into the relevant Service. 

For each Service AurisBuddies will: 

  • ask you to confirm certain information during the conversation, which will be your initial phone call to AurisBuddies; 

  • once you we have received the confirmation as to the Service you require we will assign the AurisBuddy to provide the Coaching at the relevant Coaching Location; during the relevant Hours; and from the relevant Service Start Date until the earlier of the Service End Date (if any) and/or the date on which the Service is terminated in accordance with these Terms and Conditions and/or the relevant notice period (if any) discussed/set out in the Confirmation email.

 

4. YOUR OBLIGATIONS

 

You shall: 

  • co-operate with AurisBuddies in all matters relating to the Service; 

  • have complied with the AurisBuddies payment terms, payment in advance;

  • procure an Alexa device agreed or paid for and asked AurisBuddies procure said device;

 

The amount and type of Fees applicable to a Service will be confirmed to you in the Confirmation email. 

To the extent that any terms within this Clause conflict with those in any subsequent Confirmation email the terms contained within the latest Confirmation email shall take precedence.

 

Intellectual Property

 

All Intellectual Property Rights in or arising out of or in connection with the Service shall be owned by AurisBuddies. All materials supplied in accordance with the Service are the exclusive property of the AurisBuddies.

 

6. CANCELLATION, TERMINATION AND REARRANGING SESSIONS

 

Cancelling a Service – please ensure that you and the AurisBuddy are agreed on the appointment date. If you need to cancel or postpone an appointment, please call the AurisBuddy directly and send a confirmation email to info@aurisbuddies.com.

 

Should you wish to cancel your Service you may do so at any time before the first appointment.

Upon receipt of your notice of cancellation, you will be due a refund of any monies paid which you will receive within 5 working days of said cancellation date.

 

Rearranging Appointments - both you and the AurisBuddy must give reasonable notice to each other of any holiday commitments you may have or any changes to the agreed appointments necessary because of illness. If you cannot make your appointment, please note that your appointment will be reset to suit both parties. If AurisBuddies are unable to deliver your scheduled session you will be entitled to a full refund or provided with an alternative session time agreeable to you. 

​

Replacement AurisBuddy - in the event that your usual AurisBuddy is unavailable for the second session, AurisBuddies may provide an alternative AurisBuddy to deliver the session. If this happens, AurisBuddies will advise you in advance, either in person or in writing. There will be a full consultation between the usual AurisBuddy and the replacement AurisBuddy prior to the session, to ensure continuity of learning.  

Terminating this Agreement - generally AurisBuddies may give you 14 Working Days written notice terminating this Agreement at any time, notwithstanding that either party may give notice in writing to the other terminating this Agreement with immediate effect if: 

  • the other party commits any material breach of any of the terms of this Agreement and that breach (if capable of remedy) is not remedied within 5 Working Days after notice being given requiring it to be remedied. 

  • the other party becomes bankrupt, insolvent or becomes the subject of a receiving or winding-up order, makes any composition with its creditors or has an administrative receiver appointed over all or part of its undertaking or assets, or either party ceases, or threatens to cease, to carry on business.

​

7. LIABILITY

​

If you have a complaint against the AurisBuddy or against us, you must inform us of that complaint within 24 hours of the occurrence that gave rise to it by sending an email to info@aurisbuddies.com. Any opinion expressed by the AurisBuddy is not an expression of the opinions of AurisBuddies. Neither AurisBuddies nor any of its staff shall be liable to you for any loss, injury, damage, expense or delay incurred or suffered by you arising directly or indirectly from or in any way connected with the introduction or supply of an AurisBuddy to you or with any failure by AurisBuddies to introduce or supply an AurisBuddy and, in particular, but without limitation to the foregoing, any such loss, injury, damage, expense or delay arising from or in any way connected with

 

  • failure of the AurisBuddy to meet your requirements for all or any of the purposes for which he or she is required by you; 

  • any act or omission of an AurisBuddy, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise; 

  • and any loss, injury, damage, expense or delay incurred or suffered by an AurisBuddy, provided that nothing in this clause 8 shall exclude or restrict the liability of AurisBuddies to you for death or personal injury resulting from negligence or for fraudulent misrepresentation or in any other circumstances where liability may not be so limited under any applicable law. 

 

8. PRIVATE ARRANGEMENTS

​

You are not permitted to make private arrangements for Coaching with AurisBuddies introduced or supplied by us to you. By confirming Coaching, you undertake not to make any such arrangements with any AurisBuddy registered with us either during the term of this Agreement or for up to 12 months following its termination.

 

9. DATA PROTECTION 

​

AurisBuddies and the Client shall comply with their respective obligations under the Data Protection Laws at all times. A full statement is contained in our Privacy Statement at aurisbuddies.com/privacy.

AurisBuddies shall procure that each of their AurisBuddies shall also comply with their respective obligations under Data Protection Laws at all times. 

By entering into this Agreement you consent to our use of your, receiving Coaching to use that individual's, personal data for the purpose of providing the Coaching which may include (without limitation) effecting introductions to AurisBuddies, use of such data for billing and/or fee collecting purposes and/or to enable us to make contact from time to time. For the purposes of this Agreement: 

"Data Protection Laws" means the Data Protection Act 1998, and once it comes into force, the EU General Data Protection Regulation (GDPR) 25th May 2018, as well as any applicable statutory or regulatory provisions and all European Directives and regulations in force from time to time relating to the protection and transfer of personal data.

 

10. EVENTS OUTSIDE OF OUR CONTROL (FORCE MAJEURE) 

​

We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.

​

11. MISCELLANEOUS

 

No modification or variation of this Agreement shall be effective unless a director of AurisBuddies consents in writing to such modification or variation and/or as set out by the Company regarding a specific Service in the relevant Confirmation email.

 

If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions hereof and the remainder of the provision in question shall not be affected.

 

Any waiver of any breach of, or default under any of the terms of this Agreement by us, shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of this Agreement. 

We shall be entitled to transfer or assign the benefit and/or burden of this Agreement. 

The expiration or termination of this Agreement, howsoever arising, shall not operate to affect such of the provisions of this Agreement as are expressed to operate after then. Neither party shall have any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond the reasonable control of that party. The party affected by such circumstances shall promptly notify the other party in writing whether such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than 2 weeks, either party may terminate this Agreement by written notice to the other party. 

 

12. GOVERNING LAW AND JURISDICTION

 

This Agreement (and any non-contractual obligations or dispute or claim arising out of or in connection with it or its subject matter) shall be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English Court

AurisBuddies only - Login

bottom of page