ATTENDEE TERMS & CONDITIONS
These Terms and Conditions (“Terms”) is made between BRAIN POWERED LTD. a company incorporated in England and Wales with its registered office at 71-75 Shelton St, West End, London, WC2H 9JQ, UK ("Brain Powered" or “We”); and the signatory hereto being an individual who intends to attend a Course run by Brain Powered ("you" or “Attendee”);
1.1 Brain Powered will supply Attendee with executive professional coaching focused on confidence and leadership, or such other customised content as the Attendee may request, in a group setting or on a one-to-one basis as agreed from time to time (the “Services”) and each such coaching program a “Course”, on the terms and subject to the conditions set out in these Terms, using reasonable skill, care and diligence.
1.2 Subject to otherwise complying with its obligations under these Terms, Brain Powered and its Senior Coach, Caroline Brewin (the “Coach”) will exercise independent discretion as to the most appropriate and effective manner of providing the Services.
1.3 You will use reasonable endeavours to co-operate with Brain Powered in all matters relating to the provision of the Services.
2. COURSE BOOKING
2.1 You may book a Course online on our website (www.brainpoweredcoaching.com) or directly by contacting Brain Powered. Courses may be booked on a one-to-one basis via this method for attendance in a group course (each an “Attendee”). Minimum and maximum course sizes will be dictated by the desired method of delivery (i.e. in person or via video conferencing) or as determined by Brain Powered.
2.2 In the event that you purchase a Course online, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process (iii) you accept that you is required to pay the full amount of the Course fees even if you do not complete the Course.
2.3 The prices we charge for the Services are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.
3. COURSE FEES
3.1 In consideration of the provision by Brain Powered of the Services in accordance with the terms of these Terms, Attendee will pay to Brain Powered
the “Fees” as displayed.
3.2 You agree to pay the Fees no later than 5 days prior to provision of the Course.
3.4 All sums payable under these Terms will be paid free and clear of all deductions or withholdings including taxes, booking, handling, credit card surcharge or postage fees and possible transaction fees unless the deduction or withholding is required by law to a bank account specified by Brain Powered for such purpose. Brain Powered Ltd is not responsible for any additional foreign exchange or other fees charged by your bank or payments provider.
3.5 All payments referred to in these Terms are stated exclusive of VAT payable in respect of such payments. Each party required to make a payment under these Terms (the "Paying Party") will pay to the other party (the "Receiving Party") at the time that the payment becomes due an amount equal to the VAT properly chargeable upon such payment, if any. If applicable, the Receiving Party will provide the Paying Party with a VAT invoice in respect of the payment.
4. COURSE CONTENT
4.1 Brain Powered and the Coach have created a series of Courses, designed to assist and support individuals with leadership, confidence, decision making and interpersonal skills and have formalised and may in future formalise the Course content in a series of digital and hard copy materials which may include but is not limited to Course curricula, videos, podcasts, information sheets, infographics, presentation slides, e-books or textbooks, and any other written or digital text, visual or audio media (the “Course Materials”).
4.2 The Attendee acknowledges and agrees that Brain Powered does and will in perpetuity hold the legal and beneficial title to all the Course Materials and all Intellectual Property Rights attaching to them. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
4.3 Brain Powered hereby grants a limited license to the Attendee to use the Course Materials for your own personal benefit only, and you undertake and agree not to use any Course Materials to run your own training sessions for others, to provide copies to persons who were not Attendees, or to distribute Course Materials in any way or for any purpose. In the event of a breach of this clause, you agree to pay Brain Powered liquidated damages, being a genuine pre-estimate of loss, equivalent to the Fees in respect of each individual who received or was capable of receiving the Course Materials (for example anyone with access to a shared database or document storage system where an unprotected copy was stored).
4.4 For the purpose of this clause, "Intellectual Property Rights" means all intellectual property rights created or owned by including patent, industrial design, copyright, moral rights, lay-out designs for integrated circuits, database rights, trade mark, (and any rights to apply for registration of any of these), inventions (whether patentable or not), rights in know-how, rights of confidence, trade secret; trade and business names, domain names, including all renewals and extensions and the full right to all intellectual property and legal protection relating to the same including the right to sue for past infringements.
5.1 The information provided in the courses is of a general nature and intended to provide Attendees with tools to make their own decisions. In no way is, and for no reason will the Course Content be deemed to be advice of any kind, and Attendees are not entitled to formally rely on any Course Content in making any decisions at the time or in future. All Attendees should seek professional advice specific to their circumstances. Brain Powered accepts no legal responsibility for the actions or outcomes of actions that the Attendees may take as a result of the Courses or coaching.
5.2 During the Course and in the Course Materials, the Coach may set desired results, success factors, outcomes or goals with Attendees or for the Course in general. In no way and at no time do such goals represent a guarantee of the outcome of attending the Course. These represent the potential or desired goals but remain in all cases dependent on the Attendees actions, commitment and a variety of other factors out of the Company or the Coach’s control. The Company makes no representations or warranties of any kind as to the results of any Course, and any wording in marketing materials or on our website which may imply such should be read as promotional statements and not a legally binding undertaking.
5.3 Views expressed by guest or additional speakers are their own. Brain Powered does not accept liability for views expressed, statements made or advice given by any speaker during a Course or in any materials provided to you.
6.1 In the event that you wish the Course Content to be customised for your specific needs Brain Powered is happy to assist. Please submit a written request setting out in as much detail as you can your desired content and outcomes, which will then be discussed in detail with the Coach (a “Customisation Request”).
6.2 All customisation will be charged at a separate cost to be discussed and agreed with Brain Powered in advance (the “Customisation Cost”).
7.1 You may cancel a course booking at any time up to 30 days before the date of the course by writing to us at firstname.lastname@example.org.
7.2 If you are sick and unable to attend a course, you may nominate another person to attend in your place or provide a medical certificate and postpone to attend a course at a later date (you may do this once) by writing to us at email@example.com, including the replacement guest name, business name and email address the request is submitted at least 48 hours prior to the course.
7.3 Course fees may be refunded or partially refunded as per the following:
7.3.1 100% refund if the enrolment is cancelled 30 days or more before the Course start date;
7.3.2 50% refund if the enrolment is cancelled fewer than 30 days but more than 14 days before the Course start date; and
7.3.3 If 14 or fewer days’ notice is given no refund will be given.
7.4 Customisation Costs are non-refundable in all cases unless cancellation is made within 3 working days of the Customisation Request.
7.5 In exceptional circumstances Courses may be cancelled, varied, rescheduled or postponed, including if we have fewer than 4 Attendees signed up to a Course with 14 days before the start date. If a Course is cancelled or postponed by Brain Powered, you will receive a voucher to be used on any Course taking place within the subsequent 3 months. If none of the available dates are suitable for you, you will be entitled to a refund. No administration fee will be charged. If a session has to be postponed, a new date will be identified for the session at which at least 75% of Attendees are available. Any Attendees unable to be present will be entitled to a refund or a voucher to be used for the same session in a subsequent course.
8. In the event an Attendee’s behaviour is deemed unacceptable by the Coach, including but not limited to any displays of rudeness, bullying, harassment, persistent disruptions, or persistent lateness or failure to attend sessions without a valid explanation, Brain Powered reserves the right to refuse entry or require any Attendee to leave the session and to prevent them from participating in the remainder of the Course. In such cases no refund will be given.
8.1 The parties may terminate these Terms by written agreement between them, without prejudice to any accrued rights and remedies.
9. CONSEQUENCES OF TERMINATION
Following termination, the parties will have no further obligations or rights under these Terms, without prejudice to those which have accrued to either party prior to termination or expiry save that clauses 9, 11, 15 and 17 together with those other clauses the survival of which is necessary for the interpretation or enforcement of these Terms, will continue to have effect.
10. LIMITATIONS OF LIABILITY
10.1 In no event will Brain Powered be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Services.
10.2 To the maximum extent permitted by applicable law, Brain Powered assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
10.3 Nothing in these Terms will limit either party's liability for death or personal injury resulting from its negligence or for fraud or any other liability which cannot be excluded or limited under applicable law.
10.4 The maximum aggregate liability of Brain Powered in respect of any loss or damage suffered or incurred by the other party and arising out of or in connection with these Terms, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, will not exceed the sum of the Fees paid hereunder.
10.5 The parties acknowledge and agree that the limitations contained in this clause 6 are reasonable in all the circumstances.
11.2. You agree that Brain Powered may from time to time film the Course or parts of it and consent to being filmed or photographed by Brain Powered Ltd (or its representatives) and to Brain Powered using your name, likeness, image and/or voice in such photographs or films for the purpose of promoting our courses, services and products. No remuneration is payable for such use but you will be notified in advance of any external use and you have the right to withdraw this consent at any time.
11.3 You agree that the Coach may share details from the Courses including personal details relating to Attendees with their supervisor solely for the purposes of their own training and development. The supervisor is bound by confidentiality obligations as well as a professional code of conduct and this information will not be shared anywhere else or used for any reason.
12. COURSE CODE OF CONDUCT
By agreeing to these conditions, you confirm that throughout the Course, you will:
12.1. Conduct yourself a professional, polite, and supportive manner towards the Coach and fellow Attendees;
12.2. Refrain from any bullying or harassment of any kind;
12.3. Refrain from using cameras, audio and video recorders or any other method of recording the content of the Course; and
12.4. Keep all discussions which take place during the Course in the strictest confidence and not share anything heard from other Attendees with anyone who was not also an Attendee on the same Course.
13.1 These Terms constitute the entire agreement and understanding of the parties relating to the subject matter of the Terms and supersedes any previous agreement or understanding between the parties in relation to such subject matter.
13.2 Any terms or obligations that would otherwise be included or implied concerning the supply of the Services including but not limited to those under the Sale of Goods Act and the United Nations Convention of Contracts for the International Sale of Goods are hereby expressly excluded to the maximum extent permissible by law.
13.3 Save as is otherwise specifically provided in this Terms, neither Party will be liable for failures or delays in performing its respective obligations hereunder arising from any cause beyond its control, including without limitation, acts of God, acts of civil or military authority, fires, strikes, lockouts or labour disputes, epidemics, pandemics, governmental restrictions, wars, riots, earthquakes, storms, typhoons, floods and breakdowns in electronic and computer information and communications systems and in the event of any such delay, the time for such Party’s performance will be extended for a period equal to the time lost by reason of the delay which will be remedied with all due despatch in the circumstances.
13.4 No provision of these Terms (or any document entered into in connection with these Terms) will be modified or varied without the written consent of both parties.
13.5 In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.
13.6 Neither party will without the prior written consent of the other party assign at law or in equity (including by way of a charge or declaration of trust), sub-license or deal in any other manner with these Terms or any rights under these Terms, or sub-contract any or all of its obligations under it or purport to do any of the same, except (in each case) to any other entity within the Brain Powered group (in which case no such prior written consent for any of the foregoing will be required). Any purported assignment in breach of this clause will confer no rights on the purported assignee.
13.7 A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
13.8 Each party will execute or cause to be executed all such other documents and do or cause to be done all such further acts and things consistent with the terms of these Terms as any party may from time to time require for the purpose of giving such party the full benefit of the provisions of these Terms.
13.9 If any provision of these Terms will be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Terms which will remain in full force and effect.
13.10 Any notice given under these Terms will be in writing and served by hand, prepaid recorded or special delivery post or prepaid international recorded airmail to the relevant addressee at their registered address or such other address as the relevant party may designate to the other in writing from time to time. Any such notice will be deemed to have been served at the time of delivery.
13.11 The validity, construction and performance of these Terms (and any claim, dispute or matter arising under or in connection with it or its enforceability) and any non-contractual obligations arising out of or in connection with it, will be governed by and construed in accordance with the law of England and Wales.
WEBSITE TERMS AND CONDITIONS
Brain Powered Coaching is a company focused on Executive and Confidence Coaching, with a strong neuroscience and corporate background to all we do. We are committed to helping individuals and organisations to operate at their highest performance levels, developing leadership qualities and capitalising on their incredible potential.
Please read these terms and conditions carefully before using this site.
WHO WE ARE AND HOW TO CONTACT US
www.brainpoweredcoaching.com is a site operated by Brain Powered Ltd (we). We are a private limited company, registered in England and Wales under registration number 12878434. To contact us, please email firstname.lastname@example.org.
THERE ARE OTHER TERMS THAT APPLY TO YOU
If you purchase goods or services from us other than on our site, the terms and conditions of the respective sales invoices, receipts, contracts, or similar will apply.
WE MAY MAKE CHANGES TO THESE TERMS AND OUR SITE
We amend these terms (including any additional terms) from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We may update and change our site from time to time to reflect changes to our products or services, our users' needs and our business priorities.
WE MAY SUSPEND OR WITHDRAW OUR SITE
Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose or are provided with a user identification code, username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not reproduce, republish, upload, post, transmit, or distribute in any way any material from our site without our consent.
However, you may print off one copy, and may download extracts, of any page(s) from our site for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our site are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (our Intellectual Property) owned, controlled or licensed by Brain Powered Ltd.
Our site as a whole is protected by copyright and trade dress. Other than as expressly granted herein, nothing on our site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our site, without the prior written permission of the Intellectual Property owner.
Brain Powered Ltd enforces its intellectual property rights to the fullest extent of the law. The names and logos of Brain Powered Ltd, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our site, without prior, written permission from Brain Powered Ltd. Brain Powered Ltd prohibits use of any logo of Brain Powered Ltd or any of its affiliates as part of a link to or from any site unless Brain Powered Ltd approves such link in advance and in writing. Fair use of Brain Powered Ltd Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our site may be the Intellectual Property of their respective owners.
DO NOT RELY ON INFORMATION ON THIS SITE
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
WE ARE NOT RESPONSIBLE FOR THIRD PARTY WEBSITES
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
Our inclusion of links to an outside website does not imply any endorsement of the material on our site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does our inclusion of the links imply that we are authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it including, but not limited to, implied warranties of fitness for a particular purpose and non-infringement.
To the fullest extent permitted by applicable law, we will not under any circumstances be liable to you for any direct, indirect, punitive, exemplary, incidental, special or consequential loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable or we have been advised of the potential for such damages, arising under or in connection with:
use of, or inability to use, our site;
use of or reliance on any content displayed on our site;
use of or reliance on any content displayed on a website that we have linked to on our site;
bugs or viruses on our site;
disruptions, delays or imperfections on our site;
security of our site; or
download of, or inability to download, any material from our site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
UPLOAD OF USER CONTENT TO OUR SITE
This site may include information and materials uploaded by other users of the site, including to bulletin boards and community discussion forums. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
We will not, under any circumstances, be liable to you for any harm or other loss or damage whatsoever that arises (whether directly or indirectly) as a result of information, data or materials uploaded or views expressed by or other actions of other users of the site, including (but not limited to) where that information or data is or materials, views or actions are harmful, obscene, defamatory or illegal.
If you wish to complain about information and materials uploaded by other users please contact us on firstname.lastname@example.org..
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site. You are solely responsible for securing and backing up your content.
Any content you upload to our site will be considered non-confidential and non-proprietary. When you upload or post content to our site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with our site and the services provided through or in connection with it across all media.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. To the extent it would constitute a criminal offence, we will report any breach of this provision to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
RULES ABOUT LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our site other than that set out above, please contact email@example.com..