- 1.1‘TCS’,‘We’ means the Team Coaching Studio Ltd.
- 1.2‘Applicant’ means an individual or company who wishes to enrol in a TCS course or event.
- 1.3‘Participant’ and‘delegate’ are used interchangeably and mean an individual or company who has submitted an Application or course booking whose payment has been received(where relevant) and who has been accepted onto the course or event.
- 1.4‘Course’,‘Programme’,‘Workshop’ or‘Retreat’ are used interchangeably and mean the entire training programme for which a single fee is charged and to which an applicant commits.
- 1.5‘Module’ means one or more consecutive training days that make up a series of non-consecutive training modules to form a single course or programme.
- 1.6‘Start of Programme’ means the calendar day of the first day of the first event of the programme or course.
- 1.7‘Event’ means any time the TCS sponsors an in-person or virtual webinar opportunity for others for free or for a fee.
- 1.8‘Workshop’ means a stand-alone training course or programme.
- 1.9“You,”Your” means the Applicant.
- 1.10 Any reference in these Terms and Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
- 1.11 A reference to any English action, remedy, method of judicial proceeding, court, official, legal document, legal status, legal doctrine, legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates to the English equivalent in that jurisdiction.
- 1.12 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. BASIS OF AGREEMENT
- 2.1 These terms apply to any course or event offered by TCS.
- 2.2 Any booking using TCS online registration form, which you seek to place with TCS through TCS’s website or otherwise constitutes an offer by you to purchase a place on the relevant course subject to these terms and conditions to the exclusion of all other terms and conditions.
- 2.3 Your booking shall only be deemed to be accepted by TCS when TCS notifies you in by email, that your application is approved on which date(the Commencement Date) a contract between you and TCS shall come into existence on the basis of these terms and conditions, the Cancellation and Transfer policy and any additional terms set out in TCS’s notification of approval(the Contract).
- 2.4 The Contract constitutes the entire agreement between you(the participant) and TCS. You shall not be entitled to rely on any statement, promise or representation made or given by or on behalf of TCS which is not set out in the Contract.
- 2.5 Any example coaching or training sessions or presentations, descriptive matter or advertising issued by TCS and any illustrations or descriptions of the courses contained in our catalogues, brochures or website are issued or published for the sole purpose of giving an approximate idea of the courses described in them. They shall not form part of the Contract or have any contractual force except where expressly provided in these Terms and Conditions.
3. SUPPLY OF SERVICES
- 3.1 Subject to receipt of the Charges(as defined in clause 4.1) by TCS in full we shall supply the course to you in accordance with our learning principles set out on our website from time to time.
- 3.2 We shall have the right to make any changes to the course which are necessary to comply with any applicable law or safety requirement which do not adversely affect the nature or quality of the course, or which we consider desirable or appropriate in connection with the course.
4. CHARGES AND PAYMENT
- 4.1 The course fees(the Charges) shall be as described on our website at the Commencement Date.
- 4.2 Course fees are correct at time of printing. However, TCS reserves the right to adjust these prices in order to meet their true cost.
- 4.3 Payment in full of fees shall be received by TCS in cleared funds no later than two months before date of commencement of the course, except for late applicants or where a payment plan has been agreed.
- 4.4 Should the Charges not have been paid in accordance with the Contract you will not be permitted to commence or continue on the course.
- 4.5 It is the responsibility of the applicant to confirm his/her place by forwarding payment whether the Participant is paying the charges personally or via their employer.
- 4.6 Where the Participant’s employer is due to pay the Charges but subsequently refuses to pay the Charges(for whatever reason), the Participant(subject to clause 7) remains personally liable to pay the Charges.
- 4.7 Unless otherwise specified at the time you purchase the course the Charges are exclusive of VAT(or equivalent sales tax) or any other sales, withholding or other taxes that is applicable which are additionally liable to pay to TCS.
- 4.8 It is your responsibility to pay the correct tax for your country of origin and tax status at the time of booking.
- 4.9 Payment of residential costs and meals are in addition to the course fees except where advertised as included.
- 4.10 The exception to TCS’ standard payment terms outlined in clause 4.3 is in relation to Modular Programmes. TCS may at its discretion agree to part of the payment being made in smaller installments than outlined in clause 4.3 provided payment is made by Direct Debit via GoCardless. Payment plans are subject to an additional charge of 10% on the advertised price.
- 4.11 Interest will be charged at the rate of 8% above Bank of England Base Rate for late payment.
- 4.12 For all courses apart from the Diploma, to qualify for Early Bird pricing incentives and other marketing incentives payment in full must be received by the specified Early Bird or incentive date. The full published programme price will become payable if payment is not received by this specified date.
- 4.13 For the Diploma, the Early Bird offer will apply to anyone who elects to pay via installments so long as the 25% deposit is received before the Early Bird end date.
- 4.14 The full sterling price as detailed on the invoice is payable in order to secure a place. Due account should be taken when making payment to ensure that any bank transfer charges are added to the payment and enough local currency should be made available to ensure the full sterling amount is received by the TCS when calculating the exchange rate at the date of transfer.
- 4.15 Subject to clause 7, Charges are non-refundable.
- 5.1 Transfers to later programmes are at the discretion of TCS and will only be granted if written notice has been received and acknowledged by TCS and such notice has been received within time frames specified in the Cancellation and Transfer policy
- 5.2 Should a Participant wish to transfer to a later Programme, TCS has a policy to apply charges depending on the length of notification given in writing. These charges are applied in accordance with the Cancellation and Transfer policy.
- 5.3 Oral notification will not be accepted. Written notification of a transfer request must be by email and must be received within TCS’s normal office working hours.
- 5.4 The transfer option only applies to Participants who are transferring to a different date for the same type of Programme and is subject to the same type of programme being available.
- 5.5 Participants must specify their choice of transfer date at the time of transfer.
- 5.6 The option to transfer can only be used once, after which non-attendance will be treated as a cancellation and all payments will be due.
- 5.7 If a Participant uses the transfer option, the original Programme invoice and the transfer invoice remain due, if the transfer reservation is subsequently cancelled the standard TCS cancellation penalties will apply.
- 5.8 Participants may not transfer to a module on a later programme. Attendance at each scheduled Module for the Programme booked and the Assessment Day(s) are required in order to successfully complete the programme. Exceptions will be handled on an individual basis, be subject to availability, carry an additional charge to cover the administrative costs incurred and are at the sole discretion of TCS.
- 6.1 Depending on the circumstances, TCS may agree to switch a Participant who is booked onto a Programme or Workshop with another Participant from the same organisation or company. A fee may be charged to make the changes as per our Cancellation and Transfer policy.
7. CANCELLATIONS, TRANSFERS & REFUNDS
- 7.1 A participant may cancel the Agreement by giving notice in writing at any time and refunds and and transfers will be applied in line with Cancellation and Refund Policy.
- 7.2 In the event of a participant being unable to attend a course on the dates originally booked TCS will use reasonable endeavours to accommodate requests for transfers to alternative dates or alternative courses but shall be under no obligation to grant such requests. If it is not possible to arrange for you to attend an alternative course any deposit or fees paid will be retained by TCS in accordance with the Cancellation and Refund Policy.
- 7.3 Substitute participants cannot be used(unless otherwise agreed in accordance with clause 6.1).
- 7.4 If A Participant is unhappy with the course and feels that it does not meet the description given on the TCS website the Participant must notify the facilitator by the end of the first day of the course. In this situation a refund may be given for the course. The reasons for dissatisfaction will be noted and if the reasons are deemed reasonable by TCS, a full refund will be given for the total amount paid for the course.
- 7.5 TCS reserves the right to cancel Programmes, Workshops or Retreats, revise dates, times and fees or substitute facilitators or attending faculty as necessary. If a Workshop, Programme, Module or Retreat must be cancelled, TCS will make every reasonable effort to reschedule to an alternative date and will automatically move confirmed bookings to the alternative date. TCS will provide the Applicant with as much notice as is possible given the circumstances for the date change. Notice will be given in writing(email or post).
- 7.6 If a Participant is unable to attend the alternative date provided by TCS in clause 7.6 above, TCS will provide a full refund for the amount paid for the Programme, Workshop or Retreat.
- 7.7 If TCS changes the venue of a Programme, Workshop or Retreat, even at short notice, TCS will not reimburse travel or accommodation costs, associated with changes.
It is the participants’ responsibility to ensure and confirm that any notice of cancellation has been received by TCS and that you have received an acknowledgement of receipt from TCS.
8. SICKNESS AND ILL HEATH
- 8.1 If the performance of any of TCS’s obligations under the Contract is prevented or delayed due to sickness or ill health, or the sickness or ill health of any of TCS employees, faculty members, agents or subcontractors we shall inform you as soon as is reasonably practicable. TCS will not be liable for any losses caused as a result of delays in teaching of the courses caused by the sickness or ill health of TCS employees, faculty members, agents or subcontractors, nor shall any refunds be due. As soon as reasonably practicable TCS shall arrange for an alternative date and time for the Participant to attend the course or section of the course cancelled under this clause.
9. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
- 9.1 TCS have spent considerable time and money in the development of our coaching and training systems and processes and all the information which we, our employees, agents or subcontractors provide in relation to the course and in the materials, including but not limited to information provided orally, in writing or electronic form and delivered in lectures, seminars, discussions, coaching and training sessions(the Materials). You acknowledge and agree that such information and materials may be confidential in nature and contain valuable trade secrets, technical and commercial know-how, specifications, inventions, processes and initiatives. You shall not make or permit the making of any copies, reproductions, recordings, interpretations or analysis of course materials and shall restrict disclosure of any confidential information to such of your employees, agents or subcontractors as need to know it for the purpose of performance of the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality and obligations prohibiting the reproduction of materials corresponding to those which bind you.
- 9.2 All Intellectual Property Rights(defined below) in or arising out of or in connection with the Contract and in the Materials shall be owned by TCS and nothing in the Contract shall grant you any Intellectual Property Rights.
- 9.3 For the purposes of this clause 9, Intellectual Property Rights means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information(including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
- 9.4 This clause 9 shall survive termination of the Contract.
10. LIMITATION OF LIABILITY
- 10.1 Nothing in these Conditions shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982(title and quiet possession).
- 10.2 Subject to clause 10.1:(a) we shall under no circumstances whatever be liable to you, whether in contract, tort(including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and(b) our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort(including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Charges paid under the Contract.
- 10.3 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
- 10.4 This clause 8 shall survive termination of the Contract.
- 11.1 Without limiting our other rights or remedies, we shall have the right to terminate the Contract or cancel any Order immediately by notice to you.
12. PROCESSING OF PERSONAL DATA
- 12.1 The parties agree that the Applicant is a Controller and that TCS is a Processor for the purposes of processing Protected Data pursuant to the Contract. The Applicant shall at all times comply with all Data Protection Laws in connection with the processing of Protected Data. The Applicant shall ensure all instructions given by it to TCS in respect of Protected Data(including the terms of the Contract) shall at all times be in accordance with Data Protection Laws. Nothing in the Contract relieves the Applicant of any responsibilities or liabilities under any Data Protection Laws.
- 12.2 TCS shall process Protected Data in compliance with the obligations placed on it under Data Protection Laws, the terms of the Contract and TCS’s Privacy Notice. For information as to TCS’s technical and organisational measures including use of sub-processors and notification requirements, please refer to the Privacy Notice.
- 13.1 The language of these terms and conditions is English. All documents, notices, waivers, variations and other written communications relating to these terms and conditions shall be in English. If these terms and conditions and any document relating to it is translated, the English version shall prevail.
- 13.2 Force majeure:(a) For the purposes of this Contract, Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes(whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.(b) We shall not be liable to you as a result of any delay or failure to perform our obligations under this Contract as a result of a Force Majeure Event.(c) If the Force Majeure Event prevents TCS from providing any of the Services for more than 6 months, we shall, without limiting our other rights or remedies, have the right to terminate this Contract immediately by giving written notice to you.
- 13.3 We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the Contract and may subcontract or delegate in any manner any or all of our obligations under the Contract to any third party.
- 13.4 No failure or delay by TCS in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise.
- 13.5 If a court or any other competent authority finds that any provision of the Contract(or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
- 13.6 Except as set out in these Terms and Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract shall only be binding when agreed in writing and signed by TCS.
- 13.7 This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation(including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the laws of England and Wales.
- 13.8 Subject to clause 13.9, the parties irrevocably agree, for the sole benefit of TCS that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Contract, its subject matter or formation(including non-contractual disputes or claims).
- 13.9 Notwithstanding clause 13.8 the parties irrevocably agree that TCS shall have the right to take, and shall not be prevented from taking, proceedings against you to settle any dispute or claim arising out of, or in connection with, this agreement, its subject matter or formation(including non-contractual disputes or claims) in any other court of competent jurisdiction and that TCS may take such proceedings in any number of jurisdictions, whether concurrently or not, to the extent permitted by law.
14. WEBSITE USAGE
- 14.1 You will be able to access most areas of this website without registering your details with us. Certain areas of this website may only be open to registered Team Coaching Studio users.
We may revise these terms and conditions at any time by updating this posting. You should check this website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.
- 14.2 Licence
You are permitted to print and download extracts, images or text from this website for your own use on the following basis:
(a) no documents or related graphics on this website is modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on this website(including without limitation photographs and graphical images) are owned by us. For the purposes of these terms and conditions, any use of extracts from this website, other than in accordance with points a, b and c above, is prohibited. If you breach any of the terms in these terms and conditions, your permission to use these websites automatically terminates and you must immediately destroy any downloaded or printed extracts from these websites.
No part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.
- 14.3 Service Access
While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period.
Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
- 14.4 Visitor material and conduct
Other than personally identifiable information, any material you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from this website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or(d) which is technically harmful(including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). You may not misuse this website(including, without limitation, by hacking). We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of points a, b or c above.
- 14.5 Links to and from other websites
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this website. We may not have reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
You may not create any links to this website.
- 14.6 Registration
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
- 14.7 Disclaimer
While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.
The material on this website is provided“as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms(including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.
You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of the above.
15. USE OF WEBSITE OUTSIDE OF UNITED KINGDOM
- We do not warrant that materials/items for sale on the website are appropriate or available for use outside the United Kingdom. If you access this website from locations outside the United Kingdom, you do so at your own risk, and you are responsible for compliance with local laws.
16. CONSENT FOR FILMING & PHOTOGRAPHY
- 16.1 When registering on a course held online, you consent to Team Coaching Studio using images of yourself caught in video recordings, and/or photographs, taken/recorded by Team Coaching Studio.
- 16.2 Any recordings or photographs may be used for marketing and publicity related purposes and to their use in other Team Coaching Studio publications. They may be published on social media channels or on the Team Coaching Studio website, other websites or elsewhere.
- Your images will be held in accordance with the GDPR guidelines(the General Data Protection Regulation);
- Any captured in the video recordings and/or photographs will be the copyright of Team Coaching Studio and any other intellectual property which arises in the photographs/recordings will also belong to Team Coaching Studio;
- All property rights in any photographs and/or recordings in which you feature will be waived to Team Coaching Studio;
- All rights in your performance in the film and/or recordings will be waived to Team Coaching Studio.
- You can ask Team Coaching Studio to stop using my images at any time, in which case efforts will be taken to prevent them being used in future digital and offline publications but they may continue to appear in publications already in circulation.