TERMS AND CONDITIONS FOR THE SUPPLY OF TRAINING SERVICES
- Mind Evolution Ltd agrees to provide and the Customer to take and pay for the training courses and/or facilities supplied under this Agreement.
The terms and conditions of this Agreement apply to:
- Individual standard of bespoke courses at Mind Evolution Ltd and the Customer’s premises.
- Courses provided under an annual contract with Mind Evolution Ltd.
- All Charges quoted by Mind Evolution Ltd are valid for a period of ninety (90) days unless otherwise specified.
2. NLP Courses terms, content and prices
- The details of the design and content of our Courses, and their prices are correct at the time of publication, but they may be subject to change without notice.
- Mind Evolution Ltd reserves the right to cancel or reschedule courses without penalty or liability if there are insufficient bookings, or for reasons outside Mind Evolution Ltd control.
- Mind Evolution Ltd reserves the right to change these terms and conditions at any time without prior notice to you, so please check them regularly copy is available on the website.
- In the event of any conflict between these terms and conditions (as displayed on our website) and those in our catalogue or elsewhere, these terms and conditions (as displayed on our website) shall prevail.
3. Course booking
- No provisional course places may be held on courses. To secure a place on a course and release pre-course study materials, the Customer agrees that cleared funds must have been received by Mind Evolution Ltd. Mind Evolution Ltd reserves the right to refuse attendance to the course in the event that payment has not cleared or has bounced.
- The Customer may not substitute personnel attending the course prior to the commencement of the course unless specific permission has been granted by Mind Evolution Ltd.
- The description and date and charges for the course are as set out on the website and in the information provided to the Customer on enquiry. Mind Evolution Ltd reserves the right to improve the specification and format of its courses for the benefit of its Customers without notice to the Customer.
- The course will be given at the confirmed venue with the Customer. Mind Evolution Ltd reserves the right to nominate a reasonable alternative venue and will advise the Customer of this.
- Mind Evolution Ltd reserves the right to cancel or reschedule any course if the number of attendees is insufficient to justify running the course, or if Mind Evolution Ltd is prevented from doing so by events beyond its reasonable control, including in particular, but not limited to, illness of lecturing staff.
- In the event Mind Evolution Ltd is obliged to cancel or reschedule any course under the provisions of clause 3.4 Mind Evolution Ltd will notify the Customer forthwith. Mind Evolution Ltd will, in addition, refund the course fee is fully paid by the Customer, or at the Customer’s option apply the monies to a re-scheduled or alternative course.
- Mind Evolution Ltd accepts no liability for travel, accommodation or incidental costs incurred by the Customer in the event that any course is cancelled or rescheduled.
- Fees are payable in full before the start of all courses. Immediate payment by credit card, cheque or bank transfer will be required on any bookings received within 28 days of the course start date.
- Where, on completion of a course, a participant would normally become entitled to purchase restricted materials, Mind Evolution Ltd will only award that qualification when payment of the relevant course fee has been received in full.
- Where Mind Evolution Ltd has quoted a price for a course in euro (€), US dollars ($) or any other currency, the price shall be paid in accordance with the currency set forth on the invoice.
- If applicable VAT at the standard UK rate is chargeable on all fees for Mind Evolution Ltd public Courses held in the UK, regardless of the country of residence of the attendee. Where courses are held in other EU countries, VAT will be charged as required by the country concerned.
- The cost of optional overnight accommodation is not included in the course fee, and participants are expected to make their own accommodation arrangements.
- Mind Evolution Ltd reserves the right to charge interest and costs of recovery in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).
- Where a refund is due to a Client and such is caused by the fault of the Client, Mind Evolution Ltd reserves the right to deduct any administrative bank/credit card charges from such refund. Where the refund is necessitated at the fault of Mind Evolution Ltd, no such deductions shall be made.
5. Ownership of materials included in Courses
- It is a condition of sale that ownership of materials shall not transfer to the participant or his employer (as the case may be) until full payment is received by Mind Evolution Ltd in respect of the relevant course. If payment is not received by its due date, Mind Evolution Ltd may repossess any materials that have not been paid for.
6. Transfer policy
- Once a course has been booked, should a participant wish to transfer from one date to another, Mind Evolution Ltd shall, subject to Clause 3.6, endeavour to facilitate such requested transfer, in which event the following transfer fees are payable:
Fewer than 28 days before the course starts - 50% of the fee is payable
Between 28 days and 90 days before the course starts - 25% of the fee is payable
- All requests for transfer of a course to another date must be made in writing.
- For all requests for transfer of course to another date, the alternative date must be provided to Mind Evolution Ltd within one (1) month of the transfer request, failing which the transfer request will no longer apply and the booking shall be deemed cancelled. In such event, the cancellation fees as set forth in Clause 7 shall apply and the fees, as set forth in Clause 7 below shall be payable in full in replacement of the above transfer request fees.
- Where courses are in two parts (for example, where there is a follow-up day, or where the course is divided into Part One and Part Two), the date of the second part is linked to a specific first part and therefore:
- Provided that space is available, transfer to a different date to complete the second part from the one scheduled, may be made, but there will be an administrative charge of five hundred pounds (£500) (plus VAT if applicable). If the second part extends over more than one day, any transfer must be for the whole of the second part, and not just a single day; and
- the second part must be attended within twelve (12) months of the date on which the transferred booking would have commenced, failing which the entire Courses would need to be undertaken (namely Part One would need to be re-booked as well as the transferred Part Two).
- Where fieldwork is to be completed as a requirement of a Courses, such fieldwork must be completed within twelve (12) months of the end of the Courses.
- Where a booking on a course has been made using or subject to a discount or promotional offer or another special price arrangement, such booking may not be transferred to another date. If a participant is unable to attend on the date of the booking, the participant may provided sufficient notice is received, transfer the booking to another individual within their organisation, if applicable, provided that the alternative individual fulfils any eligibility criteria for the course concerned and is able to complete any pre-work or fieldwork required in sufficient time for the course booking. If otherwise cancelled, the cost of the booked course will be forfeited.
7. Cancellation policy
- In respect of cancellation by Mind Evolution Ltd, a full refund will be given upon return to Mind Evolution Ltd of any pre-course materials already dispatched. In respect of a cancellation by a participant, the following cancellation charges are payable:
Cancellation received by Mind Evolution Ltd
|Fewer than 28 days before the course starts, or if the participant fails to attend
||Full fee payable
|Between 28 and 90 days before the course starts
||50% of the fee payable
|More than 90 days before the course starts
||25% of the fee payable
All cancellations must be made in writing. Any pre-course materials already dispatched must be returned otherwise full course fee will be charged.
- Where a feedback session (whether scheduled for prior to a workshop or as a stand-alone session) is postponed or cancelled by the participant, Mind Evolution Ltd reserves the right to charge the postponement or cancellation charges set forth in clauses 4 and 6 respectively, in relation to the costs of such feedback session.
- Substitutions can be accepted without charge at any time, provided that the substitute fulfils the entrance requirement and has completed any pre-course study.
9. Supply of product
- Where your business is based outside Europe, please note that qualification in the use of certain instruments does not automatically mean that Mind Evolution Ltd will be able to supply you with such instruments. If this applies to you, please seek advice from the Customer Support Team before booking a Course.
- All customers shall be required, in using Mind Evolution Ltd materials to verify any local requirements and/or restrictions on using psychometric tests in general and the Mind Evolution Ltd materials in particular, in that jurisdiction, whether imposed by law, regulation or by a local regulatory or governmental body. Where any local requirements and/or restrictions exist that alter the criteria for, or prevent, use of Mind Evolution Ltd materials within a particular jurisdiction, it shall be the responsibility of the customer to ensure that it fully complies with any and all such local requirements and/or restrictions. Where any customer uses Mind Evolution Ltd materials in a particular jurisdiction in contravention of any local requirements and/or restrictions, whether knowingly or inadvertently, such customer shall be solely responsible and liable for such use and shall hold harmless and indemnify the Mind Evolution Ltd in respect of any loss or claim by a third party against Mind Evolution Ltd arising from such. Further, in the event that a customer has failed to ensure that any materials may be legitimately used within a particular jurisdiction and subsequently purchases materials for use in that jurisdiction, such customer shall be liable for the costs thereof and the Mind Evolution Ltd shall bear no responsibility or liability for return of such materials or the reimbursement of any associated costs.
- Mind Evolution Ltd will try to notify participants as soon as reasonably possible if a course has to be cancelled.
- Mind Evolution Ltd will also try to ensure that any description of the design or content of Courses is as informative as possible, but it is for participants to take responsibility for deciding whether or not a course is suitable for their needs. Those registering on Courses should note that successful completion of such courses requires participants to demonstrate an understanding of underlying principles and competence in administration and feedback of the techniques concerned.
- Mind Evolution Ltd liability arising under or as a result of the provision of the Courses, whether in contract, tort, breach of statutory duty or otherwise will not exceed the price paid by the participant (or his employer) for such courses. Nothing in these terms and conditions will exclude or limit Mind Evolution Ltd liability for death or personal injury, or for fraud on Mind Evolution Ltd part, or for any liability that cannot be excluded by law. Subject to the foregoing sentence, Mind Evolution Ltd will not be liable for any indirect or consequential loss, loss of business, profit, revenue, data or goodwill, or for lost or wasted management time.
- The courses are provided under this Agreement at the Customer’s request. The Customer accepts that he is responsible for verifying that the courses are suitable for his requirements. Mind Evolution Ltd will use all reasonable skill and care in the preparation and presentation of its courses and courses supplied.
- All other conditions, warranties, guarantees and representations whether express or implied, statutory or otherwise are excluded.
- Other than as specified in this clause, Mind Evolution Ltd liability for loss and damage (whether arising in contract, tort or otherwise, shall be limited to a claim for damages. The maximum aggregate liability will be the charges for the course or hire of facilities out of which the loss and damage has arisen.
- Mind Evolution Ltd will not be liable for indirect, special or consequential loss (including loss of anticipated profit or data), howsoever arising, even if it has been advised of the possibility of such potential loss.
- Except in respect of liability of Mind Evolution Ltd for death or personal injury resulting from the negligence of Mind Evolution Ltd or its employees, or in respect of a claim for non-payment of monies due under this Agreement, no action regardless of form arising out of the provision of training courses or facilities under this Agreement may be brought by either party more than two years after the cause of action has been accrued.
- The customer warrants that all attendees on courses are properly authorised by the customer to attend and that they are suitably qualified to attend. The customer acknowledges Mind Evolution Ltd right to refuse admission or require the removal of any attendee where there are doubts about identity, qualifications or if the attendees behaviour is unacceptable. In addition to this it should be noted that Mind Evolution Ltd reserves the right to refuse admission or to eject any delegate where their behaviour is, in the opinion of the Mind Evolution Ltd Trainer, to be unacceptable and detrimental to the objectives of the course. If this occurs Mind Evolution Ltd will not refund any fees.
One verbal warning will be given to the delegate in these circumstances.
- Any condition, representation or warranty that might otherwise be implied or incorporated within these terms and conditions by reason of statute or common law or otherwise is hereby expressly excluded to the fullest extent permitted by law.
- These terms and conditions shall apply to the exclusion of all other terms and conditions, including any that you attempt to apply under any purchase order, booking confirmation or any other document; and, no variation of these terms and conditions requested by you shall be effective unless in writing and signed on behalf of Mind Evolution Ltd by one of its directors.
13. Pre-Course study
- On booking an Course the customer commits themselves to carry out any pre course study work that is part of the course booked, to the standards laid down by Mind Evolution Ltd.
- If the pre course study work is not completed at least 3 days or more before the start of the live training then MIND EVOLUTION Ltd reserves the right to preclude that person from the training. No refunds will take place if this occurs.
- Please note that the satisfactory completion of any required test is a pre-requisite for joining the training. Failure to complete and email, to Mind Evolution Ltd, any pre course study test within advised time frames will result in automatic exclusion from joining the course. There will be no refund in these circumstances.
- The cost of the pre-course study material is £250, due to the nature of this product the cost of the pre-course study material is not refundable.
14. Governing law
- These terms and conditions are governed by English law and you agree you will only sue us in the courts of England. The place of performance of the contract will be England.