1. Who we are and how we may contact each other
1.1 Who we are: We are The Agile Mindset Ltd, a limited liability company, with registration number 7993006 (“The Agile Mindset”, “we”, “us” or “our”).
1.2 How to contact us: If you have any questions or complaints about your booking you may contact us by emailing us at firstname.lastname@example.org
1.3 How we may contact you: If we need to contact you we will do so by telephone or by writing to you at the email address you provide to us at the time you make your booking.
2. These terms and conditions (“T&Cs”)
2.1 What these T&Cs cover: These T&Cs cover the provision of the public training courses that we organise and which are available to book via Eventbrite or email (the “Courses” and, in relation to the specific public training course you are registering for, the “Course”).
2.2 Why these T&Cs are important: It is important for you to read these T&Cs carefully and to make sure you understand them because they set out the obligations between you and us.
2.3 “Writing” includes emails: In these T&Cs “writing” or “written” includes emails.
3. How we accept your booking and our contract with you.
3.1 Any description of the Course which we provide (on our website, by means of online advertisement or otherwise) is provided for the sole purpose of giving you a general idea of the Course, its contents and objectives. Subject to any obvious error the price of the Course will be as provided by us on our website on the date your booking is made.
3.2 When you request us to book individual(s) on the Course (the “Delegate(s)”), whether by means of an online registration form or by email (the “Booking Registration”) you are making an offer to us. Your offer is only accepted when we give you confirmation of our acceptance of your booking in writing (a “Booking Confirmation”).
3.3 A Booking Confirmation brings into existence a legally binding contract incorporating these T&Cs and the Booking Registration (the “Contract”).
3.4 The Contract will commence on the date of the Booking Confirmation and will continue until either (i) completion of the Course and provision of the auxiliary items, services and related materials that we agree to provide you in the Booking Confirmation (the “Services”) or (ii) termination in accordance with Section 9 of these T&Cs.
3.5 Where you are not an individual consumer (i.e. you are acting on behalf of a business) you acknowledge and agree that you have authority to bind such business.
3.6 Where you are not an individual consumer, the Booking Registration, the Booking Confirmation and these T&Cs constitute the entire agreement between you and us, supersedes any previous agreement or understanding and may not be varied except in writing. You furthermore acknowledge that you have not relied on any statement, promise or representation made by us or on our behalf which is not set out in these T&Cs, the Booking Registration or the Booking Confirmation.
4. Our obligations to you
4.1 We will use reasonable endeavours to ensure that the Course and the Services meet the description set out in the Booking Confirmation in all material respects. We do however reserve the right to substitute Course trainers and, subject to Section 8.1.2 below, to reschedule or cancel the Course or to change the Course venue at any time prior to the Course. Wherever possible we will contact you in advance to tell you we are cancelling the Course unless an emergency requires us to cancel the Course on the day.
4.2 We will deliver the Course and the Services with reasonable care and skill.
4.3 Course Joining Instructions (“CJIs”): CJIs include venue details, course start/finish times, course information and pre-reading. CJIs are usually sent directly to Delegate(s) once their place on the Course has been confirmed. If working through another organisation (third party vendor) then we may provide CJIs to the hosting organisation if requested. This will be agreed when the Course is set up. Please note that, regardless of whom CJIs are sent to, we do require the names and email addresses of those attending certified training courses so that we can complete registration with the appropriate certification body on their behalf. See Section 10 for more details regarding privacy and data protection.
5. Our intellectual property
All intellectual property associated with the Course and Services (including any Course materials) is entirely owned by us or our external providers and is protected by international copyright law and applicable national laws. Except as may be expressly set forth in a separate definitive licence agreement mutually agreed by us we do not grant any licence under our intellectual property rights to you. No part of any Course materials may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, or translated into any language, without our prior written permission. This Section 5 shall survive termination of the Contract.
6. Fees and payment
6.1 Unless otherwise agreed in writing, you agree to pay the appropriate Course fees as set out on our website (together with any applicable VAT and taxes and without any set-off or other deduction) by credit card or by bank (BACS) transfer into such account as we shall reasonably instruct. The Course fees include tuition on the Course training day(s), lunch (excluding on-line courses), light refreshments (excluding on-line courses) and all relevant course materials. Exam fees, certification and initial membership fees are included for relevant courses. For the avoidance of doubt the Course fees do not include accommodation or transport costs.
6.2 Payment must be received by us at least 14 days before the Course start date. For bookings made within 14 days of the Course start date, payment must be made at the time of booking. Where you do not pay the appropriate Course fees in accordance with Sections 6.1 and 6.2 this will constitute a breach of the Contract and without prejudice to any other rights and remedies we may be entitled to (e.g. taking legal action to recover any outstanding fees) we may refuse the Delegate(s) entry to the Course.
6.3 Where you are paying the Course fees by bank transfer an invoice for payment of the appropriate fees shall be sent to the address you provide (whether a physical address or an email address) at the time of booking and it is your responsibility to ensure the address provided is correct.
6.4 If we accept and process your booking and the Course is incorrectly priced and the pricing error is obvious and unmistakeable we may terminate the Contract, refund you any fees you have paid and cancel the Delegate(s) place on the Course.
7. The limit of our liability to you
7.1 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
7.2 Nothing in these T&Cs limits or excludes our liability for death or personal injury resulting from negligence or for any damage or liability incurred by you as a result of our fraud or fraudulent misrepresentation.
7.3 Our entire liability under or in connection with the Contract shall not exceed the amount of the fees paid by you to us in relation to the Course and, subject to Section 7.2 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract, for:
7.3.1 any loss of profit, business, sales or revenue;
7.3.2 loss of business opportunity;
7.3.3 loss of use;
7.3.4 harm to reputation or loss of goodwill;
7.3.5 loss of anticipated savings;
7.3.6 any indirect, consequential or special losses.
8. When you are allowed to cancel / transfer your booking or substitute Delegate(s)
8.1 You can cancel or transfer your booking in the following circumstances:
8.1.1 Where you are an individual consumer you have the right to cancel your booking by providing us with written notice within 14 days of receiving the Booking Confirmation (the “Cancellation Period”) and we shall provide you with a full refund of any fees paid. Please note however that, subject to Sections 8.1.4 and 8.1.5, where you have given consent to the Course taking place within the Cancellation Period, you will lose the right to cancel your booking on the Course.
8.1.2 If, in accordance with Section 4.1, we reschedule or cancel the Course or change the Course venue, you have a right, if you provide us with written notice within 14 days of our notification to you of the change, to cancel your booking and to receive a full refund of any fees paid or the right to transfer the Delegate(s) onto another scheduled course offered by us (subject to Section 8.2 below).
8.1.3 If the Course is cancelled by us due to force majeure (see Section 11 below) you have the right to transfer the Delegate(s) onto another scheduled course offered by us (subject to Section 8.2 below) but will not have a right to the refund of any fees paid.
8.1.4 If you provide us with written notice more than 14 days before the Course start date you have the right (i) to transfer the Delegate(s) onto another scheduled course offered by us (subject to Section 8.2 below) or (ii) to cancel your booking and to receive a full refund of any fees paid.
8.1.5 If you provide us with written notice between 7 and 14 days before the Course start date you have the right (i) to transfer the Delegate(s) onto another scheduled course offered by us (subject to Section 8.2 below) or (ii) to cancel your booking but you will be liable for 50% of the Course fees.
8.1.6 Subject to Section 8.1.1, if you provide less than 7 days written notice you have no right to cancel your booking and you will be liable for 100% of the Course fees but we may, at our discretion, allow you to transfer the Delegate(s) onto another scheduled course offered by us.
8.1.7 If no written notice of cancellation is received prior to the Course start date no refund of any fees will be made and the option to transfer the booking will not be available.
8.2 Where you are entitled to transfer the Delegate(s) onto another scheduled course or where we agree to this transfer under Section 8.1.6 above:
8.2.1 we cannot guarantee availability on the replacement course;
8.2.2 your original acceptance of these T&Cs will also transfer;
8.2.3 if the appropriate fees for the replacement course are less than the Course fees then we will refund you the difference of any fees paid by you in accordance with Section 8.4;
8.2.4 If the appropriate fees for the replacement course are more than the Course fees then we will send you a revised invoice for payment to the address which you provide when making the request to transfer (whether a physical or email address) and you must make payment in accordance with Sections 6.1 and 6.2 above;
8.2.5 your first transfer will be at no charge to you but an administration charge of £100 + VAT will be chargeable where your request to transfer the Delegate(s) is in relation to a second or subsequent transfer.
8.3 Where Delegate(s) are unable to attend the Course substitute delegate(s) can be accepted by us at no cost if you notify us in writing at least 7 days prior to the Course start date.
8.4 Refunds due to you: If a refund of fees is due to you either (i) as a result of your right to cancel your booking under Section 8.1 or (ii) under Section 8.2.3 then:
8.4.1 if payment for your booking was originally made by credit card any refund will be made back to the same card; and
8.4.2 if payment was made by bank transfer a refund will be made by direct bank transfer to a bank account you elect.
9. Termination of the Contract
9.1 We shall have the right to terminate the Contract by notice to you if you:
9.1.1 fail to make any payment due to us by the due date;
9.1.2 commit any material breach of any term of these T&Cs and which (in the case of a breach capable of being remedied) shall not have been remedied within 5 days of a written request from us to remedy same; or
9.1.3 you become unable to pay your debt or otherwise suffer insolvency events.
9.2 Termination in accordance with Section 9.1 shall be treated as a cancellation by you and you will be required to pay the cancellation sums specified in Section 8 (as appropriate).
9.3 Any termination of the Contract pursuant to this Section 9 shall be without prejudice to any other rights or remedies a party may be entitled to under the Contract or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
10. Privacy and data protection
10.1 We are committed to respecting your privacy and to protecting your personal data.
10.2 We fully endorse and will adhere to the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) and all UK data protection legislation including the Data Protection Act 2018.
11. Force Majeure
11.1 We shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of our obligations under the Contract if the delay or failure was due to any circumstances or cause beyond our reasonable control.
11.2 Without prejudice to the generality of the foregoing, circumstances beyond our reasonable control shall include an act of God, fire or accident, war or threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, damage, extreme adverse weather, power or equipment failure, strikes, lockouts or other industrial actions or trade disputes (whether involving our employees, agents, consultants or sub-contractors or those of a third party).
12. Your specific needs
We aim to ensure our Courses are accessible to all. If you have any specific requirements please contact us at the earliest possible time.
13. Photography / Filming
We may from time to time photograph/film our Courses for use in future publicity and marketing materials. We will obtain consent from the Delegate(s) on the Course on the day of the photography/filming.
14.1 All notices given by you must be given to the email address detailed in Section 1.2.
14.2 We may give notice to you at either the email address or the postal address you provide to us when making your booking.
14.3 Notice will be deemed to be properly served 24 hours after an email is sent or 3 days after the date of posting of any letter. In proving the service of any notice it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of email, that such email was sent to the specified email address of the addressee.
14.4 The provisions of this Section shall not apply to the service of any proceedings or other documents in any legal action.
15.1 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be waiver of that right and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
15.2 You shall not assign, transfer or deal with in any other manner all or any of your rights or obligations under this Contract without our prior written consent. References to you include your personal representatives, permitted origins and successors in title. You warrant your power to enter into the Contract and have obtained all necessary approvals to do so.
15.3 We may transfer our rights and obligations under the Contract to another organisation. We will inform you in writing if this happens and we will use reasonable endeavours to ensure that the transfer will not affect your rights under the Contract.
15.4 Except as expressly provided the parties do not intend any term of the Contract to create any rights or benefits to any other party other than the parties to the Contract or to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 (the “Act”) but this does not affect any right or remedy of any third party which exists or is available apart from the Act.
15.5 If any provision of the Contract is held by any competent authority to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall not affect the other provisions of the Contract which shall remain in full force and effect.
15.6 Unless the context otherwise requires, words importing the singular shall include the plural and vice versa; words importing the masculine gender shall include the feminine gender and vice versa; and references to persons shall include bodies of persons whether corporate or incorporate.
15.7 Headings are inserted for convenience only and shall not affect the construction or interpretation of these Terms.
15.8 The law of England and Wales shall apply to the Contract and these Terms, and each party irrevocably submits to the exclusive jurisdiction of the English courts.