Terms & Conditions
The Program
- The Course will equip the coach/practitioner with tools and models to elicit quantum change with their clients.
- This Program focuses on presenting delegates with both theoretical and practical knowledge and exposure to such methods and techniques.
- The Course will give the coach/practitioner exposure and knowledge to a process driven and outcome based program which will ensure they can apply techniques with confidence.
- Delegates will gain knowledge and understanding of the way human beings use language to make sense of the world, capture and conceptualise experience and communicate that experience to others.
- In order to qualify for The Course, prospective delegates are required to complete the required number of days applicable to this program through The NeuroCoach Institute. Recognition of prior learning (RPL) will also be considered for delegates who have previously obtained Coaching qualifications, applied coaching skills in practise and/or participated in coaching workshops through other institutions.
- On receipt of the completed registration form and PayPal proof of payment, The NeuroCoach Institute will e-mail the relevant invoice.
- The invoice needs to be settled as stated in order to guarantee the delegates place on the program and issuing of certification.
General
- The NeuroCoach Institute is an operating division of The NeuroCoach Institute Pty Ltd.
- An online completed & accepted registration form serves as the delegates acceptance of these T & C’s & the information stated in the course overview document.
- A received online completed & accepted registration form serves as the delegates’ confirmation of attendance on the stated dates of The Course.
- All monies received by The NeuroCoach Institute are non-refundable.
- Delegates not being able to attend will be given alternative course/program dates as all monies paid are non-refundable
- The NeuroCoach Institute cannot & will not be held responsible or accountable or liable for the delegates interpretation and the subsequent application of course material, content or methodologies which may lead to a negative or unacceptable outcome or effect to the delegate or other person/s.
- On successfully completion & in line with the respective candidate’s payment plan, certificates will be issued to the respective delegate.
- The NeuroCoach Institute reserves the right to cancel or postpone any training program due to unforeseen circumstances. Should the course director be taken ill or unable to present the course on the specified date, the delegate will be provided alternative dates.
- The NeuroCoach Institute does not accept responsibility for any damage or loss in respect of property brought onto training premises when training takes place as contact classes.
- In the case of Virtual Classes The NeuroCoach Institute does not accept responsibility for any loss of connection during virtual classes. The course director will record the sessions if and when delegates loose connection and share these recording with the delegate afterwards. The delegate understands and confirms that the recording will not be shared with any external parties and will only be used for the purpose of their own personal development.
- You will be liable to The NeuroCoach Institute or the training venue in respect of any damage caused by you to property belonging to The NeuroCoach Institute and/or to any property where the training takes places as a result of your actions and hereby indemnify The NeuroCoach Institute against all damages, claims and/or loss caused to any third party as a result of your actions.
- Right of admission: The NeuroCoach Institute reserves the right to refuse admission to the training course where evidence of the required payment cannot be shown.
- Copyright: All intellectual property rights in all materials produced or distributed by The NeuroCoach Institute in connection with this training program is expressly reserved and any unauthorized duplication, publication or distribution is prohibited.
- You appoint the address set out above as Domicilium Citandi et Executandi for all purposes in terms arising out your relationship with The NeuroCoach Institute.
- In the event the delegate fails to pay The NeuroCoach Institute on due date, The NeuroCoach Institute will be entitled but shall not be obliged to institute legal proceedings for the recovery of all outstanding amounts and that the costs in respect thereof shall be paid by you on the attorney / client scale.
This agreement applies as between
you, the User of this Platform and The NeuroCoach Institute (PTY) Ltd, the
owner(s) of this Platform. Your agreement to comply with and be bound by
Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to
occur upon your first use of the Platform. Clauses 3 and 12 – 14 apply only to
the sale of Services. If you do not agree to be bound by these Terms and
Conditions, you should stop using the Platform immediately.
No part of this online platform is intended to constitute a contractual offer
capable of acceptance. Your order constitutes a contractual offer and our
acceptance of that offer is deemed to occur upon us sending a confirmation
email to you with your invoice and payment receipt, indicating that your order
has been accepted and successful.
1. Definitions and Interpretation
2. Age Restrictions
3. Business Customers
4. Intellectual Property
- 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Platform, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The NeuroCoach Institute (PTY) Ltd, Our affiliates or other relevant third parties. By continuing to use the Platform you acknowledge that such material is protected by applicable South African and International intellectual property and other laws.
- 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Platform unless otherwise indicated on the Platform or unless given our express written permission to do so.
5. Third Party Intellectual Property
- 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Platform or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Platform may be re-used for the purposes of NeuroCoaching a client, without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7. Links to Other Websites
This Platform may contain links to other sites. Unless expressly stated, these sites are not under the control of The NeuroCoach Institute (PTY) Ltd or that of Our affiliates. We assume no responsibility for the content of such platforms and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Platform does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Website
9. Use of Communications Facilities
- 9.1 When using any System on the Platform you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 9.1.1 You must not use obscene or vulgar language;
- 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 9.1.3 You must not submit Content that is intended to promote or incite violence;
- 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 9.1.6 You must not impersonate other people, particularly employees and representatives of The NeuroCoach Institute (PTY) Ltd or Our affiliates; and
- 9.1.7 You must not use Our System for unauthorized mass-communication such as "spam" or "junk mail".
- 9.2 You acknowledge that The NeuroCoach Institute (PTY) Ltd reserves the right to monitor any and all communications made to Us or using Our System.
- 9.3 You acknowledge that The NeuroCoach Institute (PTY) Ltd may retain copies of any and all communications made to Us or using Our System.
- 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
10. Accounts
- 10.1 In order to procure Services on this Platform and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Platform as We may not require payment information until you wish to make a purchase. By continuing to use this Platform you represent and warrant that:
- 10.1.1 all information you submit is accurate and truthful;
- 10.1.2 you have permission to submit Payment Information where permission may be required; and
- 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
- 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Termination and Cancellation of Accounts
- 11.1 Either The NeuroCoach Institute (PTY) Ltd or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
12. Services, Pricing and Availability
- 12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from The NeuroCoach Institute (PTY) Ltd correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
- 12.2 Where appropriate, you may be required to select the required Plan of Services.
- 12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Platform.
- 12.4 All pricing information on the Platform is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
- 12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
- 12.6 All prices on the Platform do not include VAT. In accordance with HM Revenue & Customs VAT Notice 700/1 (February 2014) and supplements thereof, The NeuroCoach Institute (PTY) Ltd is not yet liable for VAT and therefore not VAT registered and does not possess a VAT number.
13. Orders and Provision of Services
- 13.1 No part of this Platform constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between The NeuroCoach Institute (PTY) Ltd and you.
- 13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
- 13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
- 13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
- 13.2.3 Relevant times and dates for the provision of the Services;
- 13.2.4 User credentials and relevant information for accessing those services.
- 13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
- 13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
- 13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
- 13.6 The NeuroCoach Institute (PTY) Ltd shall use all Our reasonable endeavors to provide the Services with reasonable skill and care, commensurate with best trade practice.
- 13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
- Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
- 13.8 The NeuroCoach Institute (PTY) Ltd provides technical support via our online support forum and/or phone. The NeuroCoach Institute (PTY) Ltd makes any effort possible to respond to support requests within 30 minutes during European business hours (9am to 8pm ECT), but we do not guarantee a particular response time.
14. Cancellation of Orders and Services
We want you to be completely satisfied with the Products or Services you order from NEUROCOACH INSTITUTE Ltd. If you need to speak to us about your Order, then please contact customer care on +44 20 81441441, or by email at support@learnworlds.com or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
- 14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between NEUROCOACH INSTITUTE Ltd and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: sales@yourcompany.com Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
- 14.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
- 14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
- 14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
- 14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.
15. Privacy
Use of the Platform is also governed by Our Privacy Policy (http://www.learnworlds.com/privacy-policy/) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
16. How We Use Your Personal Information (Data Protection)
- 16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
- 16.2 We may use your personal information to:
- 16.2.1 Provide Our Services to you;
- 16.2.2 Process your payment for the Services; and
- 16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time
- 16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
- 16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
17. Disclaimers
- 17.1 We make no warranty or representation that the Platform will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
- 17.2 No part of this Platform is intended to constitute advice and the Content of this Platform should not be relied upon when making any decisions or taking any action of any kind.
- 17.3 No part of this Platform is intended to constitute a contractual offer capable of acceptance.
- 17.4 Whilst We use reasonable endeavours to ensure that the Platform is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
18. Changes to the Facilities and these Terms and Conditions
We reserve the right to change the
Platform, its Content or these Terms and Conditions at any time. You will be
bound by any changes to the Terms and Conditions from the first time you use
the Platform following the changes. If We are required to make any changes to
these Terms and Conditions by law, these changes will apply automatically to
any orders currently pending in addition to any orders placed by you in the
future.
19. Availability of the Website
- 19.1 The Platform is provided “as is” and on an “as available” basis. NEUROCOACH INSTITUTE uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Platform or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 19.2 We accept no liability for any disruption or non-availability of the Platform resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
- 20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Platform or any information contained therein. You should be aware that you use the Platform and its Content at your own risk.
- 20.2 Nothing in these Terms and Conditions excludes or restricts LearnWorlds Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of LearnWolds Ltd.
- 20.3 Nothing in these Terms and Conditions excludes or restricts LearnWolds Ltd’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Platform.
- 20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. No Waiver
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
23. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and LearnWorlds Ltd.
24. Communications
- 24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to info@learnworlds.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- 24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.