Terms and conditions
These Terms and Conditions apply to customers who order programmes, courses or products
In these Conditions the following expressions shall have the following meanings:
“Delegate” a person attending a Course.
“Company” Trailblazers Coaching and Consulting Ltd, Company No 5356706
“Conditions” the standard terms and conditions set out in this document.
“Confirmation” written confirmation of a Course or Product sent by the Customer to
“Course” a course of training or coaching supplied by the Company to the Delegate
“Course Materials” any documentation, CDs, DVDs, audio or video files, software, listings, instructions and statements whether in digital or printed form relating to the Course; and any Product.
“Customer” the Delegate or Delegate’s employer as appropriate.
“Presenter” The Company representative presenting the Course.
“Presentation” any words, stories, anecdotes or ideas given by the Presenter during the Course.
“Product” a CD or DVD purchased by a Customer and supplied by the Company independent of any Course.
“Working Day” every day of the week, excluding Saturday, Sunday and Bank Holidays unless specified otherwise.
2. BASIS OF CONTRACT
2.1 All contracts for Courses and Products shall be made subject to these Conditions unless expressly varied in writing and signed by a director on behalf of the Company.
2.2 All bookings for a Course and Product must be supported by a Confirmation.
3.1 The Company warrants that:-
3.1.1 Courses supplied hereunder will be supplied in a professional manner and in accordance with generally recognised practices and standards for Courses of their type.
3.1.2 It will provide Presenters holding appropriate qualifications and with relevant experience in delivering Courses of the type supplied.
3.2 For the avoidance of doubt, the Company makes no warranty as to any particular Presenter’s skills beyond the level of his qualifications and experience. The Customer must satisfy himself that the Presenter has the level of skill and/or experience appropriate to his needs.
4. EXTENT OF SERVICES
4.1 The Company reserves full control over how it and its employees carry out its professional training and the provision of its Courses.
4.2 The contents of the Presentation and Course Materials are intended for general guidance only and do not form part of any contract. The Company reserves its right to make any reasonable variations to the Courses (including the content of the Courses) without notice.
4.3 The Courses are designed as self-improvement, self-development and team development courses only.
The Company makes no warranties that the Courses will lead to business or personal success for Customers nor does the Company take any responsibility for any monetary or other losses suffered by Customers during or after attending or accessing a Course.
5. AUTHORISATION AND OBLIGATIONS OF THE CUSTOMER
5.1 The Customer warrants that unless otherwise notified to and agreed with the Company all Delegates attending or accessing the Course are employed directly by the Customer.
5.2 The Customer must inform Delegates as to their obligations under Clause 6, below,and agrees to supply their Delegates with a copy of these Conditions upon request.
5.3 In all cases the Customer undertakes to bring these Conditions to the attention of its Delegates and to ensure that Delegates attending or accessing a Course are suitably qualified and experienced to attend or access the Course in accordance with the published pre-requisites
6. OBLIGATIONS OF THE DELEGATE
6.1 It is a material term of these Conditions that the Delegate must inform the Company if he suffers from any form of illness whatsoever, whether physical, mental, psychiatric, psychotic or otherwise. Any Delegate who fails so to inform the Company shall undertake the Course entirely at his own risk. It is for the Delegate to ensure, whether by obtaining medical opinion or otherwise, that he has no latent conditions or concerns about which he must inform the Company under this clause prior to embarking upon the Course. If a Delegate suffers from a condition, or has such a concern, but is uncertain whether it is relevant for the purposes of this clause, it is for the Delegate to raise this with the Company prior to embarking upon the Course. The Company reserves its rights to refuse admission or access to any Course to any person who suffers from a condition, or has a concern, making them unsuitable for the Course in question.
6.2 The Company accepts no responsibility for any loss, damage or claims for loss or damage by third parties occasioned by a Delegate who uses the knowledge, materials and/or techniques taught at or in Courses to continue or commence business offering therapy, consultative services or any other therapy practice or business of any kind or to offer therapy to third parties.
7.1 Prices quoted are inclusive of the Presentation, tuition, and use of Course Materials by the Delegate for the duration of the Course.
7.2 Prices are as indicated in the proposals and VAT is clearly highlighted. Where a Delegate is attending or accessing a Course in the UK, regardless of the Delegate’s country of origin, the point of supply for VAT purposes is the UK.
7.3 The Company reserves its rights to charge interest on late payments at 20% per annum above the base lending rate of the Bank of England plc as it is fixed from time to time until payment in full is received by the Company (part of a month being treated as a full month for the purpose of calculating interest).
7.4 Should the Company require to take legal action to recover any outstanding fees or charges due to the Company, the Company’s full legal fees and outlays relative to such action shall be added to the overall sum due and shall be payable by the Customer on a full indemnity basis.
8.1 The Company will raise and issue an invoice upon receipt of a Confirmation. For Customers who do not operate a purchase order system the Company will accept email confirmation from an authorised representative of the Customer. In any event an invoice will be issued prior to commencement or delivery of the relevant Course or Product.
8.2 Payment must be made either in full by the Customer against invoices prior to delivery of the relevant Course /Product or upon an written agreed schedule between the Company and the Customer.
8.3 Any subsidy or monies provided by a third party organisation for the funding (in whole or in part) of the Course will be paid directly to the Company.
9. SUBSTITUTIONS, TRANSFERS AND CANCELLATIONS BY THE CUSTOMER
9.1 The Customer may substitute a Delegate on a Course upon notifying the Company at no additional charge, subject to the new Delegate meeting the published pre-requisites.
9.2 If the Customer and/or one or more of their Delegates fails to attend or access any Course, no refund will be given or offered by the Company and the fee for the Course will remain due and payable insofar as unpaid.
10. CANCELLATIONS AND CHANGES BY THE COMPANY
10.1 The Company reserves the right to cancel or change the Course and undertakes to provide reasonable notice of the cancellation, subject to clause 14
11. PRE-REQUISITES AND ADMISSION
11.1 The Company reserves the right to refuse admission or access to any person whom it considers in its absolute discretion to be unsuitable for attendance on or access to the Course, or to remove or deny access to any person at any time after the commencement or delivery of a Course.
12.1 Copyright and all other intellectual property rights in the Presentation and all Course Materials shall remain the property of the Company or the trading partner of the Company responsible for developing the Presentation and/or Course Materials as the case may be.
12.2 THE CUSTOMER AGREES NOT TO RE-PRODUCE, SELL, SUBLICENSE, HIRE OR COPY THE PRESENTATION AND/OR COURSE MATERIALS (IN WHOLE OR IN PART) AND NOT TO USE THE PRESENTATION AND/OR COURSE MATERIALS EXCEPT FOR THE PURPOSES OF INTERNAL POST COURSE REFERENCE.
12.3 The Customer agrees not to be involved (in whole or in part) in the formation of a programme deemed by the Company to be similar or in competition to the Course attended or accessed.
13.1 The Company may assign all or any part of its interest in or sub-contract the provision of any obligation owed under these Conditions.
13.2 The Customer may not assign or transfer any part of these Conditions or any interest therein or claim thereunder without the prior written approval of the Company.
14. FORCE MAJEURE
14.1 The Company shall not be in breach of these Conditions if there is any total or partial failure of performance by it of its duties and obligations under these Conditions occasioned by any act of God, fire, act of government or state, war, civil unrest, insurrection, embargo, prevention from or hindrance from obtaining any raw materials or energy, sickness or any other cause beyond its reasonable control (hereinafter referred to as an “Event of Force Majeure”).
15. LIMITS OF LIABILITY
15.1 The Company’s entire liability and that of its employees and consultants, and the Customer’s sole remedy in respect of any claim under these Conditions or otherwise shall be limited to damages which, save as otherwise provided, shall be limited to the value of any fees payable by the Customer for any Course or Product.
15.2 Nothing in these Conditions shall limit or exclude the Company’s liability for death or personal injury caused by the negligence of the Company or its employees in the performance of any of its obligations under these Conditions.
15.3 Without prejudice to clause 15.2, the Company shall not be liable for any death or personal injury, whether physical or psychological, which is attributable in whole or in part to a Delegate’s failure to fulfil his obligations under clause 6.1, above.
15.4 The Company shall take every precaution to ensure that its use of coaching and other personal development techniques (where applicable) is done in a sensitive manner, but the Company has no liability whatsoever for any offence caused by any response which a Delegate makes whilst being coached.
15.5 The Company will under no circumstances be liable to the Customer for any loss of profits howsoever caused, loss of goodwill, business interruption, consequential loss or loss of data.
15.6 The Company, its employees, agents and consultants shall not be liable for any loss, damage, costs, legal costs, professional and other expenses due to the instruction, advice or knowledge obtained on any Course or Product provided by the Company or by any third party introduced by the Company to the Customer or the Customer’s Delegates.
16.1 If any particular clause or sub-clause in these Conditions shall be held to be invalid under law or inapplicable to the contract made under them, the remaining clauses of these Conditions shall continue in full force and effect, mutatis mutandis as though the clause or sub-clause in question did not exist.
16.2 No failure by the Company to exercise or enforce any rights under these Conditions shall be deemed to be a waiver of any such rights and will not operate so as to bar the exercise or enforcement thereof at any time.
16.3 Reference in these Conditions to the singular shall include the plural and vice versa.
Reference to the male gender shall include the female and neuter genders.
16.4 The contract made under these Conditions, and the validity, construction and performance of these Conditions shall be governed by English law.
17. DATA PROTECTION NOTICE
17.1 In this section the expressions “personal data”, “data controller” and “processing” have the meanings given to them by the Data Protection Act 1998 (the “Act”).
17.2 For any personal data which you provide to us, Trailblazers Coaching & Consulting Limited is the data controller. The personal data processed by the data controller will be your personal data and the identifying data of any other living persons which you provide to us. This data will be held by us and used to expedite any contract which we have with you or your employer. We may from time to time also contact you or your employer for marketing purposes or to inform you of future goods and services provided by us which may be of interest to you. We will contact you via email or telephone. If you do not wish to be contacted in this way, please advise us of this in writing.
17.3 We will not disclose your personal data to any third parties.
17.4 In terms of the Act, you have a right to see your personal data held by us, with some exceptions. A fee of £10 is payable for this.
18.1 In the very unlikely circumstances that the Company cancels the Course, all fees paid in respect of the Course will be refunded and/or alternative dates offered.
18.2 Exact Course details, including times and venue, will be confirmed by email prior to the Course. The Company reserves the right to change such details and/or offer substitute Presenters if the normal Presenter is unavailable. Whenever possible, notice will be given of this change.
18.3 All Courses and Course Materials are copyright of the Company
18.4 No video or audio recording of Courses by Customers is allowed unless explicitly granted in writing by a Company executive. All performances are protected under UK and international copyright law.
18.5 If the Customer Cancels a Course fees will be levied according to the amount of notice given as follows:-
Over 22 days = 50% fee
21 days – 0 days = 100% fee
18.6 If the Customer postpones a Course ( excepting individual coaching see 18.7 below) fees will be levied according to the amount of notice given as follows:-
22 days + = no fee
21days – 0 days = incurred expenses + 25% of invoice
18.7 In the case that the Course being delivered is individual coaching and the customer postpones a session charges are levied as follows:-
2days – 0 days half charge for booked session.
The Customer will be liable for any reasonable costs incurred in travel (mileage is charged at 45p per mile), accommodation, subsistence, materials, equipment & carriage of materials and equipment to the venue If it is requested the Company will discuss anticipated expenses, agree any particular rates and detail them in writing before commencement of any work.
If a Presenter is required to travel a significant distance to the venue to deliver the Course then accommodation will be expected the night before delivery to ensure the effectiveness of delivery.