Training Course Terms & Conditions
Effective date: 24 March 2021
WorkLifeWell Ltd (“The Provider”)
Terms defined in the Booking Form shall have the same meaning when used in these standard terms & conditions (the “conditions”). The booking form and these conditions are together referred to as the “contract”.
CONFIRMATION OF BOOKING
When you, a “Purchaser”, make a booking for a course with us (a “Course”), you will be sent an e-mail confirming receipt of your booking and containing the details of your booking. It will be deemed confirmed once you sign the Booking Form and pay the agreed fees (the “Fees”). Any individual you send to a Course (e.g. a staff member) is referred to in these conditions as a “Delegate”.
Full payment of all agreed Fees are payable in advance in accordance with the terms of the Booking Form. Payments may be made by bank transfer, or by online payment.
For in-company training, The Provider may adjust the fees to take into account any changes of specification of the Course requested by the Purchaser prior to the Course. Any extra costs (which have not been captured by the payment of the Fees), if any, will be billed to the Purchaser after the event and should be settled within seven (7) days of the date of the invoice relating to such extra costs. Any such extra costs must be agreed in writing (including by email) in advance.
All payments under this contract must be made in Pounds Sterling (£) and without any withholding, deduction, set-off or counterclaim by the Purchaser. The Purchaser must pay the Provider interest on any overdue amount at statutory maximum levels in force from time to time, from the due date until actual payment before and after any judgment, calculated on a daily basis and compounded monthly.
Once the Purchaser has paid the Fees, they are treated as non-refundable. However, if the Provider is required to cancel the Course and is unable to postpone and/or provide a replacement a full refund will be given provided that:
Where a Course or part thereof is postponed, this will not give rise to an automatic right for a refund, and the Purchaser acknowledges that their purchase may be moved at the Provider’s discretion to a mutually agreed alternative.
Where a Course is delivered over a number of days, sessions or events, then a requirement to offer a refund in any circumstance shall be offered pro-rata.
Where a Course is planned to be delivered physically in-person, the Provider reserves the right to change the delivery of the Course to online at its discretion, factoring in the ongoing circumstances of the COVID-19 pandemic.
Notwithstanding, if the Purchaser wishes to cancel at any time, the Cancellation must be in writing (including by email) and may, at the Provider’s discretion, be subject to a £40 administration charge, which may be deducted from any refunded amounts. Such refunds will be subject to the discretion of The Provider.
The Provider will deliver the Course on the specified date(s) at the venue as stated on the Booking Form (unless the Course is to be held online) or as rescheduled in accordance with these conditions, and is contracted to provide the Course as agreed, once the Fees are paid.
The Provider will endeavour to find a suitable alternative expert should they become unavailable
through illness or if such expert/presenter no longer works for the Provider or for any other reason which prevents them from appearing on the date of the event. In any case, the Provider is entitled to replace any experts, presenters or other staff members at its discretion and without notice to the Purchaser or its Delegates.
Where applicable, the Purchaser will allow access or agrees to procure access to the venue within a suitable amount of time as requested by the Provider. The Purchaser shall not interfere with performance of the services unless pre-arranged with the Provider or otherwise requested by the Provider whilst providing the Course.
The format and delivery of the Course is at the Provider's discretion, including in respect of taking breaks, levels of interactivity, and length of Course sessions. As a minimum, any expert delivering the Course on behalf of the Provider will require at least a 30 minute break in aggregate per every 3 hours of Course time, and an adequate break for lunch.
The Provider is not responsible for providing food or drinks to Delegates unless stated in the Course description.
Any variation to the services which are requested by the Purchaser must be notified in writing to the
Provider not less than twenty one (21) days prior to the date of the start of the Course. The Provider will use its reasonable endeavours to comply with any requests for variation subject always to agreeing with the
Purchaser any alteration to the quotation that may become necessary. For the avoidance of doubt, the
Provider shall not be obliged to make any such variations.
The Provider may sell as many seats on Courses as it determines in its sole discretion to be reasonably appropriate, factoring in any venue restrictions. The Provider provides no warranty, and shall bear no liability to any Purchaser, in respect of the attendees of any Course, including without limitation in respect of the number of attendees, their identity, or prices paid.
LIMITATION OF LIABILITY
The Purchaser agrees that the Provider shall not be deemed to be in breach of this contract and will be under no liability to the Purchaser for loss or damage or consequential or direct loss which may be incurred by the Purchaser to the extent that the Provider is prevented or delayed or hindered in complying with what would otherwise be its obligations to deliver the Course:
(i) by flood, fire, explosion, adverse weather (including ice obstruction), natural catastrophe, accident, disease, electricity, power cut, or change of government legislation or law or regulatory intervention, industrial or trade dispute, civil commotion, strike, lock out, sit in, war, blockade, embargo, revolution, armed hostilities, act of terrorism, riot or any other acts of God or other such events beyond the Provider’s control;
(ii) where the Provider informs the Purchaser that it otherwise has reasonable grounds for believing
that the Purchaser or any of its associates is insolvent and / or that the Provider’s right to
payment is or will be in jeopardy; or
(iii) where the Provider will not be in breach of contract in the event that an online software provided engaged to facilitate an online Course, or a venue or 3rd party hired by the Purchaser causes the Provider to be unable to fulfil its obligations, due to loss or cutting of the software system, or electrical power supply at the venue as applicable.
In instances where a Course (or part thereof) is required to be postponed, the Purchaser agrees to reschedule its Delegates to attend the rescheduled Course event.
Nothing in any Course or Content or these conditions shall be deemed or interpreted as constituting medical advice and each Purchaser is responsible for the health and wellbeing of their Delegates or other staff members. As such, all Purchasers understand that they must not rely on any Course Content as medical advice, and that it must not be used as a replacement or substitute for formal medical advice or diagnosis. Where appropriate, the Purchaser (whether on behalf of Delegates or otherwise) must seek medical advice from a doctor. Purchasers agree to indemnify the Provider and the Provider harmless against any claims from Delegates against the Purchaser in respect of the Content of any Course.
In any case, the Provider’s maximum liability shall be capped at the sums paid to the Provider by the Purchaser for the applicable Course to which the liability relates, and the Purchaser expressly waives any further rights to claim any form of damages, subject to applicable law and those types of liabilities which cannot be contractually limited (such as liabilities for death or personal injury caused by the Provider’s negligence).
LOSS & DAMAGE
The Provider will be under no liability for any loss, damage or injury to the Purchaser’s property or the property of the Purchaser’s guests or other persons for whom the Purchaser is responsible. If the Provider is asked to use any of the Purchaser’s own equipment, the Provider shall not be responsible for any damage or breakage to such equipment. Any breakage, loss or damage of the Provider’s equipment caused by the Purchaser or of any of the Purchaser’s guests, servants or agents will be charged to the Purchaser at the full replacement value.
The Purchaser will be responsible for and will indemnify the Provider fully against all claims, costs, loss, damage or liability arising due to the act, neglect or default of the Purchaser or of any of the Purchaser’s guests, servants or agents.
The Purchaser is deemed to be in default under and to have repudiated this contract if:
(i) The Purchaser fails to pay the Fees or any other amount payable under the contract within a reasonable time after the due date or after any steps are taken with a view to the Purchaser or any of its or their assets becoming subject to any form of bankruptcy, winding up, dissolution, administration, administrative or any other receivership, moratorium, insolvency proceedings, voluntary or other arrangements with creditors, enforcement of security, legal process, distress or repossession or the Purchaser dies or ceases business or a judgement against the Purchaser remains unsatisfied for seven (7) days.
(ii) The Purchaser does not notify the Provider forthwith after it becomes aware that anything within (i) above has occurred or is likely to occur.
If any of the events in sections (i) & (ii) should occur, the Provider may at any time at its discretion (and without prejudice to its right to damages) by or after written notice to the Purchaser do any or all of the following: 1. Suspend any services to be performed under, or terminate, cancel or rescind, the
contract with the Purchaser in whole or in part without obligation to refund sums for Courses which have been paid for but not yet delivered. 2. Declare immediately due and payable any indebtedness of the Purchaser to the Provider under the contract. 3. Set off any indebtedness of the Provider to the Purchaser against any indebted to the Provider in each case on any account whatsoever.
Further, the Purchaser acknowledges that it is personally and financially responsible for the actions and behaviour of its Delegates attending any Course, and that to the extent the Provider is entitled to take any action against a Delegate, then such action shall be taken directly against the Purchaser on behalf of the Delegate. To the extent any Delegate, in the Provider’s reasonable discretion, acts inappropriately towards any other Delegate (from any Purchaser) or any staff member of the Provider, the Provider reserves the right to require the Delegate(s) to leave the Course and in such cases, no refunds will be due under any circumstances. All such decisions are at the full professional discretion of the Provider’s team.
The Provider’s rights shall not be prejudiced or restricted by any concession, indulgence or forbearance extended to the Purchaser.
No waiver by the Provider of any breach shall operate as a waiver of any other or subsequent breach.
The Provider’s rights under these conditions are in addition to any other rights which the Provider may
have under the general law or otherwise.
If the Purchaser comprises two or more persons, their obligations are joint and several and the Provider may release or compromise the liability of, or grant time or indulgence to, any of them without affecting the liability of others.
Any quotations are valid for three months from the date of quotation.
Any complaint must be received by the Provider in writing not more than seven (7) days after the event concerned.
HEALTH & SAFETY
The Purchaser shall give to the Provider all information about the venue and the event which is necessary to enable the Provider to present its services safely and in accordance with all applicable legal requirements.
The Purchaser agrees that the Provider shall not be held liable if any person (including the Purchaser)
attending the event suffers loss of hearing or partial loss of hearing (whether temporary or permanent).
Furthermore, the Purchaser shall procure that any persons who suffer with any type of ear related disorder shall wear protective ear plugs or take such measures in order to minimise the risk of injury or damage.
The Purchaser agrees that the Provider shall not be held liable if any person (including the Purchaser)
attending the event suffers any loss of sight or partial loss of sight (whether temporary or permanent).
Furthermore, the Purchaser shall procure that any persons who suffer with any type of eye related disorder or epilepsy or those who are sensitive to flashing lights shall wear protective eyewear or take such measures in order to minimise the risk of injury or damage.
The Purchaser shall have no rights to any intellectual property whatsoever owned by or licensed to the Provider. The content of all Courses (“Content”) is owned or licenced by the Provider and nothing in these conditions grants the Purchaser or any Delegate any rights in such content, and the Purchaser (including on behalf of any Delegates) agrees that it shall not record any Content or otherwise use it other than for its own internal, private purposes, without the express prior written consent of the Provider. The Purchaser acknowledges that damages may be insufficient to remedy the damage caused by a breach of this clause, and that the Provider may be entitled to obtain injunctive or other equitable relief if such a breach is identified.
However, the Purchaser shall be entitled to share its participation in the Course on social media should it wish to, referring to the subject matter of the course or sharing a story from it in a commercially reasonable manner without divulging the Provider confidential proprietary information.
The Provider reserves the right to publish any photographs taken by it in respect of its Courses on its website and/or any other form of social media or other communication for marketing purposes.
Each party agrees to obtain suitable insurance in respect of its obligation hereunder.
If any provision (or part of a provision) in these conditions or the contract is invalid or unenforceable to any extent or for any purpose, this shall not affect its validity or enforceability for other purposes or the remaining provisions (or the rest of the provision in question); but it shall be deemed to be severed to that extent for that purpose.
All secret, proprietary or confidential information and advice, written or oral, of whatever nature supplied by the Provider to the Purchaser, including but not limited to the Content of all courses, customer lists, contacts, financial data, sales data, supply sources, business opportunities for new or developing business, plans and models, or trade secrets, is for the Purchaser’s sole and private use and may not be disclosed or made available by the Purchaser to any third party without the Provider’s prior written consent save to the extent it is in the public domain otherwise than by breach of this condition or disclosure is required by law.
Any notice under these conditions or this contract shall be in writing and delivered by post or by hand as follows: When given to the Provider: 67 Hillside Gardens, Edgware, Middx, HA8 8HB for the attention of Adam Greenfield/Oliver Henry or to such other address or fax number or for the attention of such other person as the Provider may notify to the Purchaser.
When given to the Purchaser: to any address (including by email) or fax number from which the Provider has received communications from the Purchaser in connection with these conditions or this contract.
GOVERNING LAW/JURISDICTION/THIRD PARTY RIGHTS
These conditions, the performance, validity, construction and all aspects of the contract shall be governed by and construed in accordance with English law and the parties agree to submit to exclusive jurisdiction of the English courts.
No person shall have any right to enforce any term of this contract under the Contracts (Rights of Third Parties) Act 1999.
If you have any questions, concerns or complaints about these terms and conditions, please contact us:
- By email: [email protected]
- By visiting this page on our website: https://www.worklifewellacademy.com/contact-us
- By phone number: 0207 031 6131
- By mail: WorkLifeWell Ltd 8 Chalgrove Gardens
London, N3 3PN