TERMS OF SERVICE
Last updated: 4 May 2026
1. Introduction
Please read these Terms carefully before engaging Dr Tharaka Ltd for any services. By enquiring about, booking, or engaging our services, you agree to be bound by these Terms. This agreement is between you ("the Client") and Dr Tharaka Ltd (Company No. SC554685), a Private Limited Company registered in Scotland.
Email: systems@drtharaka.com Website: www.drtharaka.com
2. Our Services
Dr Tharaka Ltd provides professional services across four areas: keynote speaking and conference appearances; corporate transformation with ongoing coaching and consultancy; individual and group coaching programmes; and Media and Brand.
Media and brand engagements are typically handled through Dr Tharaka's talent representation. Where this is the case, those engagements are governed by the terms agreed with the relevant talent agency and not by these Terms. Where a media or brand engagement is handled directly by Dr Tharaka Ltd, these Terms apply.
The specific scope, deliverables, format, and fees for each engagement will be agreed in writing prior to confirmation.
3. Non-Exclusivity
The content, frameworks, methodologies, and services provided by Dr Tharaka Ltd are not exclusive to any one Client. We reserve the right to deliver similar content, programmes, and services to other organisations, individuals, and events unless a separate written exclusivity agreement has been agreed.
4. Enquiries and Bookings
Enquiries made through our website are expressions of interest only and do not constitute a confirmed booking.
A booking is confirmed only when we have provided written confirmation of the engagement details and either the Client has accepted these Terms in writing, or the Client has made payment of any required deposit or fee, which constitutes acceptance of these Terms.
We reserve the right to decline any enquiry or booking at our discretion.
5. Client Responsibilities
The Client agrees to provide timely access to information, personnel, and resources reasonably required to deliver the agreed services.
Where delays or disruption are caused by the Client, Dr Tharaka Ltd reserves the right to reschedule sessions or adjust delivery timelines. Such changes do not affect the Client's obligation to pay agreed fees.
6. Fees and Payment
6.1 Fee Agreement
All fees are agreed in writing for each engagement. Fees are exclusive of VAT unless otherwise stated. Where applicable, VAT will be charged at the prevailing rate.
6.2 Deposit
Where a deposit is required, this will be agreed in writing prior to confirmation of the engagement. Deposits are non-refundable except where Dr Tharaka Ltd cancels the engagement without offering a suitable alternative.
6.3 Expenses
Unless otherwise agreed in writing, reasonable travel, accommodation, and subsistence expenses will be charged to the Client at cost. Where appropriate, these will be agreed in advance.
6.4 Invoicing and Payment Terms
Payment is due in accordance with the agreed payment schedule. Unless otherwise agreed, payment is due within 30 days of the invoice date. We accept payment by bank transfer or credit card. Please note that a transaction fee applies to credit card payments.
6.5 Late Payment
We reserve the right to charge interest on overdue invoices under the Late Payment of Commercial Debts (Interest) Act 1998, at 8% above the Bank of England base rate.
6.6 Non-Payment
We reserve the right to suspend or withhold delivery of services where invoices remain unpaid beyond agreed terms. Any delays resulting from non-payment shall not constitute a breach of contract by Dr Tharaka Ltd.
6.7 Self-Serve and Online Purchases
Some products and programmes offered by Dr Tharaka Ltd — including group coaching programmes, digital downloads, and online resources — may be purchased directly through our website via an online checkout. Payment for these products is taken in full at the point of purchase.
These purchases are not subject to the invoicing and payment terms in sections 6.4 to 6.6. Instead, they are governed by the specific purchase terms presented at the point of sale, which the purchaser agrees to prior to completing payment. Please read those terms carefully before purchasing.
7. Cancellation and Rescheduling
7.1 One-Off Speaking Engagements (Keynote, Breakout, Panel)
One-off speaking engagements represent a specific reservation of time and availability. If the Client cancels a confirmed speaking engagement, the following charges apply as a percentage of the agreed fee:
More than 90 days before the event: 25%
61 to 90 days before the event: 50%
31 to 60 days before the event: 75%
30 days or fewer before the event: 100%
If the Client is unable to proceed on the agreed date for any reason, the session is lost and no refund is due. Dr Tharaka Ltd may at its sole discretion offer an alternative date subject to availability. This does not affect the Client's obligation to pay the applicable cancellation fee.
All cancellations must be confirmed in writing to systems@drtharaka.com.
7.2 Corporate Transformation and Ongoing Contracts
Monthly fees remain payable as agreed regardless of whether individual sessions are attended or utilised by the Client's team.
Individual sessions within an ongoing contract may be rescheduled by mutual agreement, subject to diary availability. If the Client's team is unable to attend a scheduled session, that session is lost and no refund or credit is due.
If Dr Tharaka Ltd wishes to terminate an ongoing contract, 30 days written notice will be given.
If the Client wishes to terminate an ongoing contract, 60 days written notice is required. Full fees remain due and payable throughout the notice period.
7.3 Individual and Group Coaching
Group sessions: Where Dr Tharaka Ltd needs to reschedule a group call or webinar, reasonable notice will be given and a replacement session offered to the group. Where a client is unable to attend a group session, that session is lost and is not refundable. Recordings may be made available at our discretion.
One-to-one sessions: Clients may reschedule a one-to-one session with a minimum of 48 hours notice. Sessions cancelled or missed with less than 48 hours notice are lost and no refund is due.
We understand that genuine emergencies occur. In cases of serious illness, bereavement, or other significant unforeseen events, we will use our discretion to offer an alternative slot where diary availability allows. This is offered as a goodwill gesture and cannot be guaranteed.
There are no refunds for missed or unused coaching sessions under any other circumstances.
7.4 Cancellation by Dr Tharaka Ltd
In the unlikely event we must cancel a confirmed engagement, we will provide maximum notice and endeavour to agree an alternative date. Where no suitable alternative is offered, the Client will receive a full refund of any fees paid for that specific session.
7.5 Incapacity or Death of the Speaker
This agreement will terminate immediately in the event of the death of Dr Tharaka Gunarathne, or his inability to perform the services due to serious physical or mental illness. Any fees received for work not yet delivered will be refunded to the Client on a pro-rata basis where appropriate.
8. Force Majeure
Neither party shall be liable for failure to perform obligations where this results from circumstances beyond their reasonable control, including acts of God, pandemics, civil unrest, governmental restrictions, power cuts, or transport disruptions. Both parties will work in good faith to agree an alternative arrangement.
9. Intellectual Property
9.1 Ownership
All intellectual property in our presentations, frameworks, methodologies, slides, handouts, and written materials remains the exclusive property of Dr Tharaka Ltd. Each party retains ownership of any intellectual property they bring to the engagement. Any IP created by the Client during the engagement remains the property of the Client.
9.2 Limited Licence
Unless otherwise agreed in writing, the Client receives a limited, non-exclusive, non-transferable licence to use materials provided solely for internal purposes related to the specific engagement. Materials may not be reproduced, distributed, or shared with third parties without our prior written consent.
9.3 Photography and Recording
At keynotes, live events, and public webinars, audience photography, short video clips for social media, and social media posting is welcome and encouraged. Full recording of sessions, whether audio or video, is not permitted without prior written agreement.
At corporate workshops, transformation sessions, and one-to-one coaching, any recording, filming, live streaming, or photography requires prior written agreement. A separate licence fee may apply.
Any recordings provided to clients remain the intellectual property of Dr Tharaka Ltd and are licensed for internal use only unless otherwise agreed in writing.
10. Confidentiality
Both parties agree to keep confidential any information disclosed during the engagement that is marked as confidential or would reasonably be understood as such. This obligation continues indefinitely following the conclusion of the engagement.
11. Data Protection
Both parties agree to comply with applicable data protection laws including UK GDPR. Personal data collected in connection with our services will be handled in accordance with our Privacy Policy, available at www.drtharaka.com.
12. Testimonials and Promotion
Unless the Client expressly objects in writing, we reserve the right to list the Client's name and organisation in our portfolio, reference the general nature of the engagement for promotional purposes, and use testimonials or feedback provided by the Client in our marketing materials.
We will never disclose the specific content of a confidential engagement without prior written consent.
13. Disclaimer
The Client acknowledges and agrees that Dr Tharaka Ltd is not liable for any adverse consequences arising from the application or misapplication of coaching tools, methodologies, or strategies discussed in the course of any engagement. All content delivered is for professional development purposes only and is not a form of, or substitute for, professional medical, psychological, legal, or financial advice.
No doctor-patient or therapeutic relationship is formed through our services unless explicitly agreed in a separate clinical setting.
14. Limitation of Liability
14.1 Exclusions
To the fullest extent permitted by law, Dr Tharaka Ltd shall not be liable for any indirect, consequential, or incidental loss; loss of profits or business opportunity; or any loss arising from reliance on our content beyond the specific engagement scope.
14.2 Cap on Liability
Our total liability shall not exceed the total fees paid by the Client for the specific engagement giving rise to the claim.
14.3 No Exclusion for Negligence
Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any matter that cannot be excluded under Scots law.
15. Children's Programmes
Dr T's Brain Lab programmes are designed for children and young people aged 5 to 17, as well as their parents, families, and educators.
Programmes may be delivered in a variety of settings including schools and educational institutions, family workshops, and individual or group sessions for children and young people.
Where a school or educational institution is the Client, the booking is made on behalf of the organisation and these Terms apply accordingly. The institution is responsible for ensuring appropriate supervision and safeguarding arrangements are in place during delivery.
Where a parent or guardian is booking on behalf of a child or family, they accept these Terms on behalf of themselves and as the responsible adult for the child or children participating.
Parents, guardians, and institutions are responsible for ensuring the child is able to engage with the programme. Dr Tharaka Ltd reserves the right to pause or end a session where continuation is not in the best interests of any child involved.
The cancellation and rescheduling terms in section 7.3 apply to Brain Lab bookings unless otherwise agreed in writing.
16. Right to Refuse or Terminate Services
Dr Tharaka Ltd reserves the right to refuse or terminate services where a client's behaviour is inappropriate, abusive, or disruptive. In such cases, fees already paid are non-refundable except at our sole discretion.
17. Dispute Resolution
These Terms are governed by the laws of Scotland. In the event of a dispute, the parties shall first attempt to resolve the matter personally and in good faith. If resolution cannot be reached, the matter shall be referred to formal legal process subject to the exclusive jurisdiction of the Scottish courts.
18. Entire Agreement and Variation
These Terms, together with any written proposal or engagement agreement, constitute the entire agreement between the parties and supersede any prior discussions or representations. These Terms may only be amended by written agreement between both parties.
Where a specific written engagement agreement or proposal has been signed by both parties, the terms of that agreement shall take precedence over these Terms of Service in the event of any conflict. These Terms of Service apply in full where no specific written agreement exists or where a specific agreement is silent on any matter.
19. Use of Our Website
Our website at www.drtharaka.com is provided for informational purposes only. Use of the website is governed separately by our Site Terms, available at www.drtharaka.com.
20. Changes to These Terms
We may update these Terms from time to time. Updated Terms will be published on our website with a revised effective date. The Terms in force at the time of your booking apply to that engagement.
21. Contact Us
Dr Tharaka Ltd (SC554685) Aberdeen, Scotland, UK
Email: systems@drtharaka.com
Website: www.drtharaka.com