Terms and Conditions

This section sets out the terms and conditions for Performance Consultants (Company) public programmes and use of Performance Consultants websites and third-party websites including digital trainings (Services). References to “our” “we” and “us” are to our Company. References to “you” and “your“ mean the person using the Services under these Terms.

By using the Services you acknowledge that you have read, understood and agree to be bound by these terms. We may update these terms and any other notices on the website (including the Privacy Notices) without the consent of any other person. All changes will be effective when posted on the website and you will be bound by any new terms when you use our Services. If you do not agree to these terms (including any amendments) you must not use our Services.

Rights

You acknowledge that all rights in the Services and their contents (including but not limited to text, photographs, graphics and downloads) are owned by or have been licensed to us or are otherwise used by us as permitted by applicable law. In accessing the Services you agree that you will access the contents solely for your own personal, non-commercial use and you acknowledge that you are not permitted to copy, download, post, store in any medium (including any other website), distribute, transmit, modify or show in public any part of the Services without our prior written permission or in accordance with the Copyright, Designs and Patents Act 1988 as amended from time to time or other relevant provisions which are or may be in force. All brand names, product names and titles used in the Services are trade names, and in some instances trademarks, of their respective holders. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders’ rights

User-Generated Content (“UGC”)

You may submit material for publication in comment areas of our websites. We accept no liability in respect of any material submitted by any user and published by us and we are not responsible for its content or accuracy.

In submitting material to us for publication you agree to be bound by the following terms of acceptable use (“Terms of Acceptable Use”):

  • Publication of any material you submit will be at our sole discretion. We reserve the right to make additions or deletions to the text or graphics prior to publication, or to refuse publication;
  • You grant to us a non-exclusive, perpetual, royalty-free, worldwide licence to copy, sublicense, adapt, create derivative works from, republish and in any way distribute in any format any material (including, but not limited to print and electronic format) that you submit to us. You waive any and all moral rights in relation to the material you submit, including but not limited to your right to be identified as the author of such content and your right to object to derogatory treatment of it;
  • You will not submit any material which is intended to or which might upset others or which is unlawful, obnoxious, indecent, profane, harassing, derogatory or rude;
  • You will not submit any material that is promotional or commercial in nature;
  • You will not submit personal information about another person or make attempts to solicit personal information from anyone;
  • You warrant that any material that you submit will be relevant to the content in respect of which it is submitted;
  • You warrant that any material that you submit to us is your own original work and that you own the copyright and any other relevant rights in it;
  • You warrant that any material that you submit to us is not obscene, offensive, defamatory of any person or a misuse of private information, and that it does not constitute hate speech against an identifiable group and is not otherwise illegal;
  • You warrant that you are aware that if you disclose personal information in content that you provide to public forums on the websites including bulletin boards and other comment or review functions, then that information can be collected and used by others and may result in unsolicited messages from third parties.
  • You acknowledge that any breach of these warranties may cause us damage or loss and you agree to indemnify us in full and permanently against any third party liability, claims, costs, loss or damage (including indirect and consequential loss) that we incur as a result of publishing material that you submit to us; and
  • We reserve the right to remove your access to individual services completely if we believe you are not complying with these Terms of Acceptable Use or Terms and Conditions. Where appropriate, we reserve the right to report your details to the applicable law enforcement agencies.

If you believe that material has been published on the Website that does not comply with the Terms of Acceptable Use, please email us at [email protected] and include details of why you think the material breaches the Terms of Acceptable Use.

Competitions and Prize Draws

The Services may contain or offer competitions, prize draws or other promotions, which may be governed by additional terms (“Additional Terms”). Additional Terms may contain eligibility requirements and will feature on the communication or website alongside the relevant competition, prize draw or promotion. It is your responsibility to read those Additional Terms to determine whether your participation, registration or entry will be valid and to determine the requirements upon you in connection with the competition, prize draw or promotion. Unless expressly stated otherwise, all competitions, prize draws and promotions shall be governed by the laws of England, and the English courts shall have exclusive jurisdiction.

Prices and Availability

While we make every effort to ensure that information on the websites is accurate, this cannot be guaranteed. Prices displayed in our on-line catalogue and availability may change without prior notice.

Payment

Payment secures your place and should be made at the time of booking.

For public programmes invoicing is an option where companies/employers are paying and should be paid within 30 days of booking or before the training, whichever is soonest. For PCDL applicants, training will be decided through the scheme. If an Early Bird or promotional discount has been offered, rate is conditional upon payment being made within 2 weeks of receipt of invoice. Payment can be made by:

  • Cheques made payable to “Performance Consultants (International) Ltd”
  • Credit card by first emailing [email protected]
  • BACS or Bank Transfer quoting invoice number (account information available on invoice)

Taxes and Fees

All Performance Consultants programmes are subject to VAT at the current rate. This applies to all individuals and organizations. Possible exceptions include:

  • businesses outside the EU with a valid tax number where the training is for business purposes (please request a VAT Exemption form in this case)
  • businesses inside the EU with a valid VAT number registered on the VIES where training is for business purposes (Please provide the business VAT number at the time of registration)

Special Support or Requirements

Performance Consultants will make every effort to accommodate special requirements that we have been notified of and discussed in advance. If you require support, please make a note on the registration form or ring us on +44 (0)20 3903 0011 or email [email protected]

Joining Details

Joining details, including timings, venue and local hotel details, will be issued approximately 2–4 weeks prior to the course. If you have not received your joining details by 7 days before the start date of your course please ring +44 (0)20 3903 0011 or email [email protected] Performance Consultants will not be held responsible for non-receipt and refunds will not be issued under such circumstances

Limitation of Liability

The Services are provided by us in good faith on an “as is” basis. We make no representations or warranties, express or implied, about the Services or the material contained or referred to on it or available for download from it and will not be held liable in any way for your use of it. Except to the extent provided by the applicable law, we disclaim all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. We and all affiliated companies and individuals exclude to the fullest extent permitted by law all liability in contract or tort (including negligence) or otherwise for any direct, indirect, incidental, special and consequential damages, losses and expenses whatsoever including loss of business, anticipated savings revenues, profits, goodwill or reputation arising out of or in any way connected with the use of the Services and/or any information, content, or services obtained through it. We endeavour to ensure that all information and material in the Services is correct and accurate but do not accept any liability for errors or omissions, nor do we warrant that use of the Website will be uninterrupted.

The Services may be used only for lawful purposes and in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of the Services by any third party. We have the right to edit, refuse to post or remove any material submitted to or posted on the websites. We are not responsible for, nor do we accept any liability for, any material posted on the websites otherwise than by us. Any opinions, advice, statements, offers or other information expressed or made available by third parties on the website or during our programmes are those of the third party concerned. We neither endorse nor are responsible for the accuracy or reliability of any such third-party material.

Performance Consultants does not accept responsibility for any accident, injury or loss suffered by delegates while attending a programme or workshop or for anyone acting as a result of information or views expressed on its training programmes including course material. Opinions expressed by facilitators on programmes are those of the individual facilitators and not necessarily those of Performance Consultants.

Site Security

While we make reasonable attempts to exclude viruses, worms, trojans and other malicious or destructive computer code from the website and its contents, we cannot guarantee such exclusion. We give no assurance (whether express or implied), assume no obligation and accept no liability in relation to these matters. You are strongly recommended to take all appropriate safeguards before using the websites or downloading any information or content from it.

Data Protection and Privacy

Performance Consultants takes all reasonable precautions to prevent the loss, misuse or alteration of your data and to ensure your personal data is secure. The information you provide will be stored in our database and used only for the purposes of administration of the Services and communication. We will not sell, distribute or share your data without your express consent – please see our Privacy Notice for more information. If you have queries relating to the use of your data or would like to amend or update your personal data, please email [email protected]

Transferring Programmes

If Performance Consultants is notified in writing at least 4 weeks prior to the course date, you may transfer to another programme date once for free. Should notification take place up to 21 days before the programme you may transfer to a later programme date for a flat administration fee of £150 + VAT. If a second request to transfer is made an administration fee of 20% of the invoiced amount is payable. No refund will be made in the event of a transfer. Fees for additional transfer requests are outlined in the table below. Requests to transfer must be made in writing by email to [email protected]

Cancellations and Substitutions

Cancellations must be received by Performance Consultants in writing by email up to 4 weeks before the start of the course for a refund less a 20% (plus VAT) administration fee. If you cancel for any reason within the 4 week period you may send a substitute* if applicable, however no refunds will be given if you are unable to substitute your place. Substitutions should be received by the team at Performance Consultants at least 48 hours prior to programme start.

*Not applicable to PCDL funded participants.

Non-attendance

If you fail to attend the programme on which you are booked and have not given prior notice to Performance Consultants then the course fee will remain payable in full and no transfer will be allowed.

Cancellation by Performance Consultants

Where circumstances dictate, Performance Consultants reserves the right to alter published programmes, facilitators, fees or venues without prior notice. In the event of a programme being cancelled, participants will be notified immediately and a refund of the programme fee will be made. No compensation will be paid for additional costs incurred.

TimingTransferTransfer 2Cancellation
Up to 4 weeks before programmeFree20% admin fee20% admin fee
4–3 weeks before programme£150 admin fee20% admin feeNo refund. Substitutions on approval
3 weeks or less before programmeNo transfersNo transfersNo refund. Substitutions on approval


Force Majeure

We shall not be liable for any loss, damage or otherwise as a direct or indirect result of the failure to perform or delay in performing any of our obligations nor shall there be a breach of these Terms as a result of the occurrence of any event whatsoever beyond our control, including without limitation acts of God, fire, flood, storm, civil disturbance, explosion, power failure or reduction of power supplies, acts, orders or requirements of any governmental or regulatory body, lack or shortage of materials, 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, adverse weather conditions, inability to procure or delay in procuring equipment and materials from our normal suppliers, mechanical breakdown or strike, lock-out or labour disputes.

Governing Law and Jurisdiction

Your use of the Services and the operation of these terms shall be governed in accordance with the laws of England. The English courts shall have exclusive jurisdiction over any dispute arising out of your use of the Services except that we may take action in any jurisdiction to protect our intellectual property rights or to recover any amount owed to us.

We are not responsible for the content of any other website, including any website through which you may have gained access to our Services or to which you may gain access from our websites. We do not accept any liability in connection with such other websites or links.

General

The Website and the information on it may be changed or updated without notice, unless we specify to the contrary.

If all or any part of these terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.

Our failure to exercise or enforce any rights or any provision of these terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

The parties (you and we) do not intend the terms or any part of them to be enforceable by any person who is not a party to these terms pursuant to the Contracts (Rights of Third Parties) Act 1999.

Trademarks

None of the trademarks, logos, trade names or brands may be copied or used in any way without prior written permission.

International Use

Those who choose to access the Services from locations outside the United Kingdom do so on their own initiative and are responsible for compliance with English laws.

Complaints or Concerns

Complaints or concerns shall be submitted and dealt with according to our General Complaints Policy.

If you have any queries about the Services please contact us at [email protected]

Last updated: 15 April 2020