Course Booking Terms and Conditions
1. BASIS OF AGREEMENT
1.1 These terms (the Terms and Conditions) apply to any course offered by Barefoot Coaching Limited, of Vibrant Accountancy, 103 Duffield Road, Derby, Derbyshire, DE122 1AE, company number: 06932330 (Barefoot) from time to time. Such courses may include:
(a) The Barefoot Postgraduate Certificate in Business and Personal Coaching; and
(b) The Postgraduate Certificate in Coaching Supervision. (the Courses).
1.2 Any Order which (the Attendee) seeks to place with Barefoot through the website www.barefootcoaching.co.uk (Barefoot’s Website) or otherwise constitutes an offer by the Attendee to purchase a place on the relevant Course subject to the Terms and Conditions to the exclusion of all other terms and conditions.
1.3 The Attendee’s Order shall only be deemed to be accepted by Barefoot when Barefoot notifies the Attendee in writing, usually by email, that their application is approved (the Application Approval Date) on which date (the Commencement Date) a contract between the Attendee and Barefoot shall come into existence on the basis of these Terms and Conditions.
1.4 The Contract constitutes the entire agreement between the Attendee and Barefoot and supersedes and extinguishes all previous terms, agreements and discussions. The Attendee shall not be entitled to rely on any statement, promise or representation made or given by or on behalf of Barefoot which is not set out in the Contract.
1.5 Any example coaching or training sessions or presentations, descriptive matter or advertising issued by Barefoot and any illustrations or descriptions of the Courses contained in our catalogues, brochures or Barefoot’s 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.
2. SUPPLY OF SERVICES
2.1 Subject to receipt of the Charges by Barefoot in full, Barefoot shall supply the Course to the Attendee in accordance with the adult and work-based learning principles set out on Barefoot’s Website from time to time.
2.2 Barefoot shall have the right to make any changes to the Course which are necessary to comply with any applicable law or safety requirements which do not materially affect the nature or quality of the Course, or which Barefoot considers desirable or appropriate in connection with the Course.
3. CHARGES AND PAYMENT
3.1 The charges for the Course (the Charges) shall be as described on Barefoot’s Website at the Commencement Date.
3.2 Payment in full of the Charges shall be received by Barefoot in cleared funds no later than 6 weeks before date of commencement of the Course, unless by prior written agreement with Barefoot.
3.3 Should the Charges not have been paid in accordance with the Contract the Attendee will not be permitted to commence the Course.
3.4 All amounts payable by the Attendee under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being.
3.5 It is always possible that some of the Courses we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Course’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Course’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the Contract, refund you any sums you have paid and cancel your position on the relevant Course.
3.6 Subject to clause 4, Charges are non-refundable.
4. CANCELLATION
4.1 The Attendee may cancel the Contract by notice in writing at any time up to 14 days after the Application Approval Date (subject to clause 4.5). Where the Attendee is a consumer, they will receive a full refund, including any deposit (unless they have started to attend the Course within that 14 day period). Where the Attendee is not a consumer:
(i) it is the Attendees’ responsibility to ensure and confirm that any notice of cancellation has been received by Barefoot and that the Attendee has received an acknowledgement of receipt from Barefoot; and
(ii) Barefoot will retain any deposit paid (but the balance of the Charges shall not be payable).
4.2 In the event of your cancelling the Contract other than in accordance with clause 4.1 any deposit or Charges paid will be retained by Barefoot as outlined below.
4.3 In the event of the Attendee being unable to attend a Course on the dates the Attendee originally booked Barefoot 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 the Attendee to attend an alternative Course any deposit or Charges paid will be retained by Barefoot.
4.4 All Course cancellations must be sent to Barefoot in writing by email to info@barefootcoaching.co.uk. Any notice shall be deemed to have been received at the time of transmission, or, if that time falls outside business hours in the place of receipt, when business hours resume. In this clause, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the UK. Barefoot cannot accept verbal Course cancellations
A model cancellation form is provided at the end of this clause 4 for ease of reference.
4.5 Subject to clause 4.1, if booking is cancelled less than:
(i) 6 weeks prior to the start date, the £1000 Course deposit will be retained as a cancellation fee, unless the Attendee is able to transfer to another Course date in which case no cancellation fee will apply.
(ii) 4 weeks prior to the start date, the full Course balance will be retained as a cancellation fee.
4.6 This policy applies for all Course bookings made with us, over the phone or through Barefoot’s Website.
4.7 Substitute delegates cannot be used, unless approved in writing by Barefoot.
4.8 Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To
Barefoot Coaching Limited, Vibrant Accountancy, 103 Duffield Road, Derby, Derbyshire, DE122 1AE, company number: 06932330 email address: info@barefootcoaching.co.uk I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*], Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Date[*] Delete as appropriate
Model Cancellation Form © Crown copyright 2013.
5. SICKNESS AND ILL HEATH
5.1 If our performance of any of our obligations under the Contract is prevented or delayed due to sickness or ill health or the sickness or ill health of any of our employees, agents or subcontractors, Barefoot shall inform the Attendee as soon as is reasonably practicable and such sickness or ill heath shall constitute a Force Majeure Event for the purposes of clause 9.1.
6. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
6.1 Barefoot has spent considerable time and costs 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/or delivered in lectures, seminars, discussions, coaching and training sessions (the Materials). The Attendee acknowledges and agrees 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. The Attendee shall not make or permit the making of any copies, reproductions, recordings, interpretations or analysis of the Materials and where the Attendee is a company, it shall restrict disclosure of any confidential information relating to the Materials 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.
6.2 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 Barefoot and nothing in the Contract shall grant the Attendee any Intellectual Property Rights.
6.3 For the purposes of this clause 6, Intellectual Property Rights means all patents, rights to inventions, utility models, copyright and related rights, trade-marks, 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.
6.4 This clause 6 shall survive termination of the Contract.
7. LIMITATION OF LIABILITY
7.1 Nothing in these Conditions shall limit or exclude our liability where we are not legally entitled to do so, such as in the event of:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; or
(b) fraud or fraudulent misrepresentation.
7.2 Where you are acting as a consumer:
(i) if we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable;
(ii) if defective digital content which we have supplied damages a device, or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice, such as having in place any minimum system requirements advised by us; and
(iii) the Courses are for your domestic and private use only. If you use them, or what you learn from them, for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.3 Subject to clause 7.1, where you are not a consumer:
(a) Barefoot 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 the Attendee 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.
7.4 Except as set out in these Terms and Conditions, where you are not a consumer, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
7.5 This clause 7 shall survive termination of the Contract.
8. TERMINATION
8.1 Without limiting our other rights or remedies, Barefoot shall have the right to terminate the Contract immediately by notice to you.
9. GENERAL
9.1 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) Barefoot shall not be liable to the Attendee 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 Barefoot from performing its obligations for more than 6 months, Barefoot shall, without limiting our other rights or remedies, have the right to terminate this Contract immediately by giving written notice to you.
9.2 Barefoot 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.
9.3 No failure or delay by Barefoot 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.
9.4 If a court or any other competent authority finds that any provision of these Terms and Conditions (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 Terms and Conditions shall not be affected.
9.5 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 Barefoot.
9.6 The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.
9.7 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
