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
Note, Points 2.1 relates only to the “Executive Authentic Confidence” confidence course, point 2.2 to “Brain Powered Confidence” and "Confidence 101 Toolkit". The remaining information pertains to all courses.
2.1 You may book the “Executive Authentic Confidence” Course online on our website (www.brainpoweredcoaching.com) or directly by contacting Brain Powered. This course 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 You may book the “Brain Powered Confidence” and "Confidence 101 Toolkit" Course online on our website (www.brainpoweredcoaching.com).
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 Pursuant to the “Executive Authentic Confidence” course only, you agree to pay the Fees no later than 5 days prior to provision of the Course.
3.3 “Brain Powered Confidence” and “Confidence 101 Toolkit” course fees must be paid in full at point of sale unless agreed as part of the monthly payments schedule with associated terms.
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.
5.4 The course content we include for the Services are listed on the website. We reserve the right to change this content for products displayed at any time, and to correct any errors that may inadvertently occur.
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. CANCELLATION / Refund Policies
Please see the cancellation / refund policies for each respective course below:
Executive Authentic Confidence Cancellation Policy (Sections 7.1-7.5)
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 [email protected].
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 protected], 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.
Brain Powered Confidence & Confidence 101 Toolkit Cancellation Policy (Sections 7.6-7.9)
7.6 We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the course. Brain Powered provides a 14-day money-back guarantee for the Program. That money-back guarantee is governed by the following terms.
7.6.1. In order to qualify for a refund you must submit proof that you did the work in the course and it did not work for you. In the event that you decide your purchase was not the right decision, within 14 days of enrolment, contact our support team at [email protected] and let us know you’d like a refund by the 14th day at 11:59 AEST. You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the 14th day, you will not be granted a refund.
7.6.2. The work that you need to submit with your request for a refund include completing all of the videos, reading and exercises included within these first 2 modules. Snapshots of your competed exercises will be required, as well as showing as completed in the online training platform.
7.6.3. A change of mind does not constitute a valid reason for cancellation and request for refund. In considering your refund we may also charge an admin fee at our discretion.
7.6.4. We will NOT provide refunds more than 14 days following the date of purchase. After day 14, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program. Please note: If you opted for a payment plan and you do not request a refund within 14 days, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.
7.7 Upon determining that you are entitled to a refund pursuant to this policy, Brain Powered will promptly issue an instruction to its payment processor to issue the refund. Brain Powered does not control its payment processor and will not be able to expedite any refunds. We will also remove you from the community group in the next 24 hours, however, you can also remove yourself by clicking "Leave Group." Being removed or banned from the community or Facebook group does not entitle you to a refund of your course enrolment fee.
7.9 All refunds are discretionary as determined by Brain Powered Ltd. To further clarify, we will not provide refunds after the 14th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
If you have any questions or problems, please let us know by contacting our support team directly at [email protected]
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 and Facebook group. 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.
13.12 "Lifetime Access" means ongoing and complete access to the community or Facebook community for the life of the program, not for your life or the life of Caroline Brewin. This is ongoing access at no additional charge until the course is no longer offered, at which time all members will be given at least 1 months notice before the program is closed. The community may also be 'archived' for a temporary period, for which the community will be notified. Any future closure of the program or community in the future does not affect the refund policy and does not entitle members to any form of refund.