1.1. The Terms and Conditions set out below and our Privacy Policy together constitute the legal agreement between you and Cerebral Power Conditioning Ltd relating to the provision of training courses. When you make a booking with Cerebral Power Conditioning Ltd, you agree to our payment terms.
2.1. We refer to Cerebral Power Conditioning Ltd as CPC, We, Us, Our etc.
2.2. We refer to the person placing the booking as the customer.
2.3. We refer to the person attending/accessing the training as the delegate.
2.4. When we refer to in-house training, this is training delivered exclusively to your organisation.
3.1. Acceptance and confirmation of a booking will be provided by email.
5.1. Standard training. Standard Face-to-face training and e-learning courses can be booked via the account manager. When you make a booking for an online course, your submission represents an offer to CPC to book you onto the course you selected. On submission of the face-to-face training course or e-learning course form you will receive a summary email of your selection. CPC will accept your offer by entering your booking onto the CPC system and sending you an email confirming that you have been booked together with information on starting your learning.
5.2. Custom Training. Custom training engagements can also be contracted through CPC Professional Services in the form of a Statement of Work document as described and governed by CPC’s Customer Agreement.
5.3. In-House courses will be invoiced after the course date, when final attendees’ numbers are confirmed. Payment is due 14 days from the invoice date.
5.4. If a customer cancels a confirmed course within 7 days of of the course date a 40% cancellation fee will be charged plus and non-refundable expenses and development costs already incurred.
5.5. If a customer cancels a confirmed course within 14 days of of the course date a 20% cancellation fee will be charged plus and non-refundable expenses and development costs already incurred.
6.1. Training fees will be invoiced and must be paid prior to the commencement of the training unless otherwise agreed with CPC in writing.
7.1. You may not allow anyone else to access the e-training courses via your log-in details. You must comply with all health and safety rules and regulations and any other reasonable security requirements that apply at the premises at which the training courses are provided. CPC reserves the right to remove any delegate from a training course whose behaviour is deemed inappropriate by CPC or its trainers. In these circumstances, CPC will neither refund any fees nor reimburse any other costs.
8.1. CPC does not accept responsibility for anyone acting as a result of information in, or views expressed on, its training courses including course materials. Opinions expressed are those of individual trainers and not necessarily those of CPC. Participants should take professional advice when dealing with specific situations.
8.2. To the maximum extent permitted by law, CPC shall not be liable for any loss of use, lost or inaccurate data, failure of security mechanisms, interruption of business, costs of delay or any indirect, special, incidental, reliance or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, tort (including negligence) strict liability or otherwise, even if informed of the possibility of such damages in advance. To the maximum extent permitted by law, CPC’s aggregate liability to the other shall exceed the amount actually paid by you to CPC for the training giving raise to a claim.
9.1. CPC ensures that all our training services are delivered diligently and in a good, workmanlike, timely and professional manner consistent with industry standards. The training services will be performed as described in the individual class agendas. CPC shall provide such trainers to present the training course as it, in its sole discretion, deems fit and CPC shall be entitled at any time to substitute any trainer with any other person who, in CPC’c sole discretion, it deems suitably qualified to present the relevant course.
9.11. CPC does not warrant that the provision of any content online will always be available or be uninterrupted, timely or error free, that defects will be corrected or that such content is secure or free from bugs, viruses, errors and omissions.
10.1. Both Parties agree to defend, indemnify, and hold harmless the other Party and its directors, officers and employees from and against any demands, damages or liabilities including reasonable legal fees) arising from a third-party claim that the indemnifying Party caused bodily injury (including death) or damaged real or tangible personal property.
11.1. All Training Material is owned by CPC. All intellectual property rights in all Training Material available, including the design, graphics and text of all printed materials and the audio of all webinars and podcasts, are owned by CPC. When you are given access to the Training Material, you are granted a non-exclusive, non-transferable, revocable licence to use the Training Material. No Training Material may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without CPC’s prior permission. Any such use is strictly prohibited and will constitute an infringement of CPC’s intellectual property rights.
11.2. To provide a continuous check on the consistency and quality of training delivery, all students will receive a follow-up email at the end of each class asking to submit feedback in the form of a satisfaction survey. This feedback will be reviewed in detail and will be used to make continuous improvements to class content and delivery.
12.1.1. Face to Face. If you notify CPC in writing (by email or post) that you wish to cancel a face-to- face training course not less than 28 days before the start date of a course, you will be entitled to a 50% refund. Refunds will be processed within 28 days of receiving your request via bank transfer to the original payer. If the reason you need to cancel a face-to-face training course is because you have been declined a visa, we can issue a full refund as long as you have proof that your visa has been declined and you give us at least 28 days’ notice. If you withdraw for any reason less than 28 days before the start date of a course, no refund will be issued but you may transfer your place on the course to a substitute. Substitutions should be notified to CPC at least 48 hours prior to the course start date. If you fail to attend the course on which you are booked without giving prior notice to CPC, we are unable to refund the course fees or offer a transfer
12.1.2. E-Learning. Once you have booked an e-learning course or package the fee is non- refundable. If you cancel any e-learning course or package you will not be entitled to any refund. There is no charge for transferring your booking to the same course on an alternative date provided you notify CPC in writing not less than 10 days before the start of the training and if there is availability. However, a transfer fee of 20% of the course fee (plus VAT) will be payable if the notice is received less than ten (10) days before the start of the original course. If you transfer your booking, you will not receive any refund, and you will not be entitled to transfer more than once.
12.1.3. You must make any request to transfer a course in writing, which may be sent by email to: trainingrequest@we-are-wellness.com. EXAMPLE
12.2 Cancellation by CPC
12.2.1. CPC reserves the right to cancel any training course due to insufficient enrolment by providing notice to you at least 7 calendar days prior to schedule commencement date. In the event of cancellation by CPC, you may elect to receive a full refund of registration fees paid or credit toward alternative class(es). Nevertheless, CPC will not be responsible for non-refundable tickets purchased or reservations made by you. If a training class is cancelled by CPC due to any Force Majeure Event as defined in Section 10.5, the Customer is entitled to a full class credit which must be used within 3 months of the date of the original class for another class offered by CPC.
Except as otherwise set forth in these Terms & Conditions, each party may disclose to the other party certain confidential information under these Terms & Conditions. Each party agrees that all code, inventions, know-how, business, technical and financial information or any information specifically designated as confidential or that could be understood to be confidential or proprietary by a reasonable person disclosed to such party (“Receiving Party”) by the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”) Any CPC technology, any commercial terms (including pricing) of these Terms &Conditions and any performance information relating to the products shall be deemed Confidential Information of CPC without any marking or further designation. Except as expressly authorized herein, the Receiving Party will use (and will ensure that its employees, Affiliates, agents, contractors and any approved third parties use) reasonable efforts (which shall be no less than the efforts used to protect its own confidential information of a similar nature) to prevent the disclosure of any Disclosing Party’s Confidential Information for any purpose other than providing the training contemplated by these Terms & Conditions unless authorized by the Disclosing Party. The Receiving Party’s nondisclosure obligation shall not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party).
