1.1) These terms and conditions (T&Cs) are entered into between (i) you, (“you) and the entity set out in the Course Details (“Entity”).References to ‘we’, ‘us’ or ‘our’ relate to the Entity. References to ‘you’ and ‘your’ relate to the individual or business set out in the booking form, which includes any of your financial details(“Booking Form”).
1.2) This Agreement relates to your purchase of the Course.
1.3) This purchase is for the course or subscription as more particularly described in the Course Details provided to you (“Course”)
2) Term & Termination 2.1) You are deemed to have accepted this Agreement on the earlier of the date you (i) agree to the terms of this Agreement by submitting the Booking Form to us with payment details or (ii) make a payment to us for the Course or (iii) use or gain access to any part of the course (which will include any mentoring, coaching, workshop or digital content) (“Commencement Date”), whether or not you have made a payment in whole or in part.
2.2) Subject to any Money Back Guarantee, following the Commencement Date, this Agreement will continue for the Term and shall be cancelled in accordance with the Notice Provisions. “Term” and “Notice Provisions” are as defined in the Course Details
2.3) We can terminate this Agreement, including access to any course content, in the event that you:
- commit a material breach of your obligations under this Agreement; or
- fail to pay any amount due on the due date for payment; or
- are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
- enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
- convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
2.5) We may terminate this Agreement, including access to any Course or Course content for any reason without explanation to you. In such an event, we shall:
- refund excess Fees paid by you, calculated on a ‘pro rata basis’ from the date of termination; or
- any outstanding amounts due to us in accordance with this Agreement, including any payments due for the Course up until the date of termination, shall become immediately due and payable.
2.7) If the Course has a ‘Money Back Guarantee’, you shall receive the right to terminate this Agreement in accordance with it. Each ‘Money Back Guarantee’ is defined in the Course Details. In consideration for these rights, you hereby waive any rights to any statutory ‘cooling off period’.
2.8) Except in accordance with clause 2.6(a) or 2.8, you will not have any rights to a refund or to terminate this Agreement.
2.9) If this Agreement is terminated by you, you must pay all outstanding Course Fees due and outstanding for the Course.
2.10) Without a valid termination notice or where you continue to use of the Service reaffirms that we are authorised to charge your Payment Method. Weay submit those charges for payment and you will be responsible for any additional charges.
3) Payments 3.1) Course Fees, including your payment terms, are set out in the Booking Form or Course Details.
3.2) You acknowledge payment method and you accept responsibility for all Charges. We may submit periodic charges (e.g. monthly) without further authorisation from you, until full payment has been received for any Course. If we do not receive a payment on any date on which it is due we may immediately suspend your access to any Course until payment is received. 3.3) Time for payment shall be of the essence.
3.4) Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set in the Booking Form, we will charge you interest at the rate of 4% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.
3.5) All payments due under this Agreement must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
3.6) Receipts for payment will be issued by us only at your request.
3.7) If we do not receive payment from your payment method provider, without prior valid termination in accordance with clause 2.3. you agree to pay all amounts due on your billing account upon demand.
3.8) We may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle
3.9) All payments must be made in British Pounds unless otherwise agreed in writing between us.
4) Changes to your payment details If you have a Changes to your payment details must be made in writing via email to firstname.lastname@example.org no later than 14 days prior to your scheduled payment date. We will not be responsible for any charges or penalties charged to you by third parties as a result of default of payment. We reserve the right to refuse any change request to any payment date already agreed.
5) Status and limitation of liability By entering into this Agreement, you acknowledge and agree that:
5.1) Any information, mentoring or guidance provided by us (or any person representing us) is not intended to be personal or specific to you and is not intended to constitute ‘advice’, ‘financial advice’ or ‘legal advice’. To obtain such advice you should consult with qualified professionals.
5.2) To the maximum extent permitted by law, any implied terms and warranties are excluded (including those implied by trade, custom, practice or course of dealing);
5.3) You have not relied on any statement, promise or representation made or given by or on our behalf;
5.4) To the maximum extent permitted by law, our aggregate liability arising out of or related to this Agreement, whether in contract, personal injury, damage to belongings or otherwise shall not exceed the amounts actually paid by you under this Agreement.
5.5) To the maximum extent permitted by law, we will not be liable to you in any way for:
- any indirect, special, or consequential loss, damage, expense, cost, loss of income, business, data, goodwill or profits, or for any loss or damage that was not reasonably foreseeable by us at the time you entered into this Agreement, including any business interruption, third party claims;
- any event that we cannot reasonably control and which would have been unavoidable (despite reasonable commercial efforts to prevent the event happening) or resulting from us complying with any relevant requirement under any law or regulation to which we are subject
5.6) except for actions for breach of intellectual property rights (clause 7) or confidential information and privacy (clause8), no action (regardless of form) arising out of this Agreement may be commenced by either party more than one year after the cause of action accrued; and
5.7) Nothing in this Agreement shall be taken to exclude any liability of either party for death or personal injury caused by its negligence or any fraudulent misrepresentation.
5.8) We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Course or the performance of any of our other obligations under this Agreement or the quotation for:
5.9) Nothing in this Agreement shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
6) Intellectual property rights You acknowledge and agree that: 6.1) all material relating to us, whether presented before, during or after your Course are part of our “intellectual property rights”, which includes registered and unregistered rights in any copyright, patents, know-how, trade secrets, trademarks, trade names, design rights, get-up, database rights, and all similar rights; This includes but is not limited to content, audios, videos and design of the website; and
6.2) you will not, at any time, do anything that would infringe our intellectual property rights, including recording, reusing, reselling or reproducing in whole or in part any information, documents or online content from the Course.
6.3) If you attend any workshop or event you acknowledge that the Course may be photographed or recorded. You waive all rights to images or recordings and any and all images and recordings will remain our property and may be used at our discretion.
7) Confidential information and privacy 7.1) You agree to adhere to the terms of this Agreement at all times, including the confidentiality provisions set out therein.
7.1) We may contact you (by mail, email, telephone, SMS or via the internet) in relation to your Course account or other events, products or services in which you may be interested. If you wish to opt-out of non-Course-related communications, please write to us at email@example.com. Please note, you will continue to receive communication in relation to Courses. We will not give your personal data to any other third party without your prior written consent.
8) Notices Formal notices or issues regarding the website, or customer service enquires should be directed by email to firstname.lastname@example.org or by post to Crown House 123, Hagley Road, Edgbaston, Birmingham, B16 8LD.
9) Force Majeure If an event occurs outside our reasonable control, which may include, but is not limited to the power failure, Internet Service Provider failure, telecommunications failure, industrial action, civil unrest, fire, flood, storms, snow, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under this Agreement.
10) General 10.1) The following clauses shall survive termination of this Agreement: Status & Limitation of Liability (clause 6), intellectual property rights (clause 7) or confidential information and privacy (clause 8) and General (clause 9)
10.2) Any download options are for your own sole use.
10.3) This Agreement is not enforceable by any third party (whether under statute or otherwise).
10.4) Any notices under this Agreement will be provided to you via the email address you provide in your Booking Form
10.5) If any of the provisions in this Agreement shall be held to be illegal or unenforceable in whole or in part under any enactment or rule or law, the provision in question shall, to that extent, be deemed not to form part of this Agreement or shall apply with such deletions as may be necessary to make it legal and enforceable and the enforceability of the remainder of this Agreement shall not be affected.
10.6) This Agreement and the benefit of the rights granted to you by this Agreement shall be personal to you and you will not subcontract, novate or assign the rights herein to another party without the prior written consent of the Company.
10.7) The failure of a party to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of that right, nor operate to bar the exercise or enforcement of it at any time or times thereafter.
10.8) This Agreement is the entire agreement between the parties in relation to its subject. No other terms apply.
10.9) We reserve the right to vary these terms and conditions at any time. You will be notified of any changes and if we do not hear from you within 7 working days from notification such changes will be deemed to be accepted. The unenforceability of any part of this Agreement will not affect the enforceability of any other part.
10.10) Unless otherwise agreed, no delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
10.11) If this Agreement conflicts with any other agreement this Agreement will take priority.
10.12) This Agreement is to be construed and governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England.