Our courses - terms and conditions
Our terms and conditions are set out below. Applicants are required to confirm that they have understood and accepted these terms and conditions, as part of the contract made between The Performance Coach and the participant upon registration. Before accepting the terms and conditions, all applicants are strongly encouraged to read the relevant Programme Specification.
1. Applications
1.1 Applications for admission can be accepted for consideration only if submitted on an official application form.
1.2 Those applying for Postgraduate Certificate, Postgraduate Diploma and MSc in Coaching and Development must in addition complete the University of Portsmouth Postgraduate Application form. The decision to admit an applicant will be made by Portsmouth University, in accordance with Policy, available at: http://www.port.ac.uk/lookup/generalinformation/google/termsandconditions.
2. Programme Credits (APEL)
2.1 Any APEL forms must be submitted before the date of registration to the programme, with supporting documents as appropriate. All APEL applications are subject to agreement from the Performance Coach, and where applicable, Portsmouth University Business School.
3. Confirmation of Attendance
3.1 Fees are payable on confirmation of attendance on a programme, and are payable within 60 days of the invoice, or immediately upon receipt of the invoice if the course commences within 60 days.
3.2 No participant may attend a workshop without payment of fees. Late payment of fees attracts an administrative surcharge of 10%.
3.3 Our programmes are designed so that participants can learn from one another as well as benefit from Faculty input, and therefore each programme will have a minimum cohort number to achieve this. When it is anticipated that we will not achieve these minimum numbers, programmes will be rescheduled or, if necessary, cancelled. In such cases, we will advise applicants as soon as practicable and offer alternative programme dates where possible.
3.4 Where a course is cancelled and not rescheduled a full refund will be given.
3.5 Participants who voluntarily withdraw from the programme before completion and who are permitted to restart the programme at a later date will be asked to submit an updated curriculum vitae, application form and pay costs for any fee increases as appropriate.
4 Programme Fees
4.1 Programme fees are as per our Application Form for Open Programmes 2012, or by contacting the Programme Manager, Vanessa Rogers and are subject to change.
4.2 Fees must be paid in full by the due date. If fees are not received prior to the start of the first workshop, then participants may not attend that workshop. 4.3 If a participant withdraws for any reason within 6 weeks of the first workshop in any programme, having paid full fees, a refund will be made. The refund will be reduced to take account of Portsmouth University student fees where applicable, charge for the cost of the first workshop and administration fees. No refund of fees will be made after the six week period.
4.4 In consideration of payment by, or on behalf of, the participant of the required fee, the Company undertakes to supply the participant programme materials and services including assessment services to which the concerned fee relates, as defined on the relevant website.
5. Cancellation Rights
5.1 An applicant can cancel this contract within 7 working days of payment being received. The seven day working period starts on the day after payment being received.
5.2 By commencing participation in the programme the applicant agrees that he/she shall lose the right to cancel the contract.
5.3 Cancellation must be received by the Performance Coach in letter form by email to vanessa@theperformancecoach.com.
6 Non-attendance of workshops
6.1 For unavoidable reasons of cancellation, such as illness, there will be a charge of £100 per participant per day for non-attendance of workshops, to cover fees for venue and additional administration. This will enable participants to attend the same workshop with the next cohort, subject to availability, or there may be an option to catch up one to one with tutor, with additional fees discussed on an individual basis. Should you find yourself in these circumstances, please contact the Programme Manager as soon as possible so arrangements can be made.
6.2 If a person felt that his/her personal circumstances were such that they were unable to attend a workshop or the entire course, this would need to be discussed with the Course Leader and each situation will be considered individually. Again, should this be the case, we would encourage you to communicate this with us as soon as is practicable.
6.3 If a participant is undertaking Postgraduate study, Portsmouth University policy would need to be followed regarding course deferment.
7. Consumer rights
7.1 You may transfer to an alternative Course without charge, unless it is within six weeks of the original agreed Course date, in which event a transfer fees will be charged, on a sliding scale dependent on the date of change and venue cancellation costs. The provisions of this clause 7 do not affect your statutory rights.
8. Price and payment
8.1 Course fees will be as per our Application Form and are subject to change.
8.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
9. Our liability
9.1 You should notify us if you are unhappy with any part of the Course within 30 days of your attendance on the Course.
9.2 Our liability for losses you suffer as a result of us breaking the Contract is strictly limited to the purchase price of the Course which you purchased.
9.3 This does not include or limit in any way our liability:
a) for death or personal injury caused by our negligence;
b) under section 2(3) of the Consumer Protection Act 1987;
c) for fraud or fraudulent misrepresentation; or
d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10. Our refunds policy
10.1 All deposits and course fees are non-refundable.
11. Transfer of rights and obligations
11.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
11.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
11.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12 Events outside our control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
13. Intellectual Property Rights
13.1 All intellectual property rights (including, without limitation, copyright, moral rights, design rights, trademarks and patents) and all other rights in the Course content and Course materials belong to us. We licence to you all such rights on a non-exclusive basis for the purpose only of enabling you to attend, participate and, where you are able, to complete the Course. You are also permitted to use small extracts of the Course content and Course materials for your personal use as a coach only. Reproduction or distribution of the Course content and Course materials is strictly prohibited.
13.2 Use of our logo is strictly prohibited without our prior written consent.
13.3 Audio and visual recordings of our Courses is strictly prohibited without our prior written consent.
13.4 Occasionally we may film or record Course trainers delivering the Course during your attendance. You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent.
13.5 You acknowledge that certain information contained in the Course and Course materials is already in the public domain.
13.6 Delegates are not permitted to sell or promote products or services at The Performance Coach’s events without prior written permission.
14. Confidentiality
14.1 Save as required by law or in respect of information which is already in the public domain through no breach by you of the provisions of this clause 14, you shall keep in strict confidence all technical and commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to you by us (or our employees, agents, consultants or sub-contractors) and any other confidential information concerning our business or the Course or Course materials which you may obtain.
14.2 You shall not use any such information for any purpose other than to attend, participate and, where capable, complete the Course.
15. Data Protection
15.1 You agree that we may use your personal data in accordance with and subject to the Data Protection Act 1998.
15.2 We may send you information from time to time regarding new courses and opportunities. If you do not wish to receive such information please contact us on 0203 4022 067.
16. Termination
We reserve the right to terminate the Contract immediately without liability if:
16.1 You fail to complete the Course within 18 months of the date of Confirmation or, where we have given our prior written consent, within 24 months of the date of Confirmation;
16.2 In our opinion you cause disruption on any Course or take any action which brings us (or any of our employees, agents, consultants or sub-contractors) into disrepute or adversely affects our goodwill or reputation.
17. Waiver
17.1 If we fail to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
18. Severability
18.1 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire agreement
19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
20. Our right to vary these terms and conditions
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
20.2 You will be subject to the terms and conditions in force at the time that you order Courses from us, unless we notify you of the change to these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Confirmation).
21. Law and jurisdiction
21.1 Contracts for the purchase of Courses through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law and all disputes and claims shall be subject to the exclusive jurisdiction of the courts of England and Wales.