A. Terms and Conditions
1.1 We are bselected Performance Consulting Limited (“We”, “Us” or “Our”). We provide consultancy, mentoring, tuition, courses and related products and services (the Services”). Our registered office is at 17 Browns Hill, Dartmouth, Devon, TQ6 9NU.
1.2 The “Customer” is the company, firm, corporation, person or delegate who attends or has booked or purchased the Services.
1.3 The “Services” are any course, seminar, tutorial, training or related product or services provided by Us.
1.4 Any reference in this document to “writing” or “written” or related expressions includes a reference to cable, facsimile transmission, e-mail or comparable means of communication.
2.1 No contract exists between the Customer and Us for the supply of the Services until We have received and accepted the Customer’s order and sent Our confirmation in writing to the Customer’s address. Once We do so, there is a binding legal contract between the Customer and Us.
2.2 Where the Customer is a consumer the contract is subject to the Customer’s right of cancellation under the Consumer Protection (Distance Selling) Regulations 2000 as follows:-
2.2.1 The Customer has the right to cancel the contract at any time up to the end of seven working days after the day upon which this contract is made under clause 2.1. If the Services are to be provided within 7 working days of the contract being made under clause 2.1 the Customer agrees that the Customer’s right to cancel ends at the time the performance of the Services starts. A working day is any day other than weekends and bank or other public holidays. To exercise the Customer’s right of cancellation, the Customer must give Written Notice to Us
2.2.2 Once the Customer has notified Us that the Customer is cancelling the contract, We will refund or credit the Client within 30 days for any sum that has been paid by the Customer or debited from the Customer’s credit card for the Services.
2.3 Travel and Accommodation is the responsibility of the Customer and are not included in the price of the Services.
2.4 We may make any changes to the Services that are necessary to comply with any applicable safety or other statutory requirements, or other changes in trade or professional practice provided they do not materially affect the nature or quality of the Services and We advise the Customer accordingly.
2.5 Where a special dietary requirement has been intimated We shall use reasonable endeavour to ensure that the venue provides the food as per that request; however, We cannot guarantee that the food will be as requested and accept no responsibility or liability for any errors in food labeling or preparation or any other matter to do with the food provided by the venue; therefore should a Customer have a specific food allergy, We would strongly recommend that the Customer make their own arrangements with regards to food.
2.6 If the Customer is a consumer their statutory rights are not affected by these terms and conditions.
3.1 Payment of the full fee must be made as stated overleaf.
3.2 The fee stated overleaf covers training, course materials, and any lunch and refreshments during the day as detailed.
3.3 In the event of late payment of any money due to Us under these terms (including without limitation any moneys found owing to the Us under any other clause of these terms) the Customer shall pay interest accruing from day to day calculated at the annual rate of 4% above the base rate from time to time of HSBC Bank plc. on all such money overdue from the Customer from the due date for payment until the actual date of payment. In addition the Customer shall pay all costs and disbursements incurred by the Owner in recovering fees that are paid late or disputed. Further We reserve the right to suspend all or any part of the Services (whether under this or any other contract between Us and the Customer until payment in full of all monies due to Us.
3.4 All charges quoted to the Customer for the provision of the Services are (unless specifically stated) exclusive of any Value Added Tax, for which the Customer shall be additionally liable at the applicable rate from time to time.
4. COPYRIGHT AND NON COMPETITION
4.1 The Customer acknowledges that all intellectual property rights (including without limit copyright) in any materials related to or used in the provision of the Services or any part thereof remain Our sole property (including but without limitation all tape recordings transcripts books papers records notes notebooks memoranda journals diaries outlines drafts letters photographs other digital representations and illustrations irrespective of the medium in or on which such objects are held) (and any reconstruction, reproduction, recording or copy thereof) will be an infringement of our rights and the Customer may not authorise any dissemination, publication disclosure or other use of any such materials without our written consent. The Customer further acknowledges that due to the importance of such materials to Our business a claim by us for damages may not adequately protect Our legitimate interests and the Customer hereby acknowledges and agrees that We shall be entitled to seek injunctive relief to prevent infringement of Our rights in appropriate circumstances.
4.2 The customer acknowledges that the services being booked are for personal development purposes only and will not be used in any way whatsoever for the research or development of any similar service or product in competition with Us without our written consent. The Customer further acknowledges that a claim by us for damages may not adequately protect Our legitimate interests and the Customer hereby acknowledges and agrees that We shall be entitled to seek injunctive relief to prevent infringement of Our rights in appropriate circumstances.
5.1 All information provided by Us is given in best faith and We will not be held responsible for actions taken by the Customer, or any other individual or organisation as a result of the information provided during or after provision of the Services by Us.
5.2 It is our policy to monitor constantly the Services We offer as well as the performance and content of the Services. Every care has been taken to ensure the accuracy of, and verify the content of the information given in providing the Services to the Customer. However the Customer acknowledges changes will occur after the Services have been designed or devised or after publication of materials used by Us in the provision of the Services and We make no warranty, express or implied, as to the suitability of any Services for the Customer and the Customer agrees that they book or purchase the Services on this basis.
6. EXCLUSION / LIMITATION OF LIABILITY
6.1 Nothing in these terms in any way excludes or restricts our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything that may not legally be restricted. Nor does it affect consumers’ statutory rights. This section (and any other terms excluding or limiting our liability) applies to our directors, consultants, officers, employees, subcontractors, agents, parent, subsidiary and affiliated companies as well as to Us.
6.2 The Company warrants to the Client that the Services will be provided using reasonable skill and care. However without prejudice to the other terms of this contract, We exclude to the extent allowed by law all other liability for any loss or consequential loss including for breach of contract, tort (including negligence) or any other cause of action with respect to any of our Services or occasioned to any person acting, omitting to act or refraining from acting in reliance upon any course material or course presentation or, except to the extent that any such loss does not exceed the fees paid for the course, arising from or connected with any error or omission in the course material or course presentation. Consequential loss shall include:
a) Economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
b) Loss of goodwill or reputation;
c) Special, indirect or consequential losses
6.3 Any claim for damages by either party under this contract shall be limited to a sum equal to the Fees payable to the Company under this contract.
7. CONSENT TO USE YOUR PERSONAL INFORMATION
7.1 For the purposes of the Data Protection Act 1998 the Customer acknowledge that in the course of registering with Us and using our Services certain information or data about the Customer will be captured electronically or otherwise. The Customer agrees that We may use, store, process such information or data for the purposes of providing the Services to the Customer or marketing any other Services to the Customer.
7.2 We may use the data you provide for the purposes of financial control and debt recovery through outside agencies.
8.1 Either party may (without limiting any other remedy) at any time terminate the contract by giving written notice to the other if the other commits any material breach of these Conditions and (if capable of remedy) fails to remedy the breach within 30 days after being required by written notice to do so.
8.2 Either party may terminate the contract by written notice if the other goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.
8.3 Upon termination by Us We shall be entitled to be paid for all Services provided to the date of termination.
9. ENTIRE AGREEMENT
9.1 These conditions constitute the entire agreement between you and us in connection with the Customer’s booking, purchase or use of the Services. Any failure by Us to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. If any provision of these conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and that other provisions remain in full force and effect.
10. LAW AND JURISDICTION
10.1 No variation may be made to these terms and conditions without Our written consent.
10.2 This contract is governed by the law of England and Wales, and is subject to the exclusive jurisdiction of the courts of England.
B. Cancellation Fees
1. If this is a booking by an individual or a booking from a UK private limited company or partnership payment must be received by bselected Performance Consulting Ltd at least 14 days before the course start date unless the booking is made within 14 days of the course, in which case payment must be received within 3 working days of the booking date. If this is a UK corporate (plc) or public sector booking, payment must be received within 28 days of the invoice date. Bookings from outside the UK must be paid at least 14 days before the course date by credit card or international bank transfer.
2. Subject to Condition 2.2 in our terms & conditions in the case of a booking by a consumer, You agree to pay bselected Performance Consulting Ltd the fees defined in the table below for cancelling or postponing a booking. (If a booking is initially postponed but then cancelled, the cancellation will be treated as if it occurred at the earlier postponement date(s) if as a result, the fees due are greater than the fees associated with the actual cancellation date.)
3. In the event that a workshop has to be cancelled by bselected Performance Consulting Ltd you will be entitled to receive a full refund of any monies paid. Alternatively you may choose to attend a future workshop of value. bselected Performance Consulting Ltd will not be held liable for any other costs that might be incurred as a result of the cancellation.
We are committed to protecting your personal information and being transparent about what we do with it, however you interact with us. We are therefore committed to using your personal information in accordance with our responsibilities. As part of this, we are required to provide you with the information in this Privacy Notice under applicable law which includes:
- the Data Protection Act 1998, which will be replaced by the General Data Protection Regulation (EU) 2016/679 from 25 May 2018
- the Privacy and Electronic Communications (EC Directive) Regulations 2003.
We won’t do anything with your information you wouldn’t reasonably expect, and this policy explains how and what we do with your data and why we use and store it.
In this policy when we refer to ‘we’ or ‘us’ we are referring to bselected Performance Consulting, registered in England at 17 Browns Hill. Dartmouth, Devon, TQ6 9NU.
If you have any queries about our Privacy Notice, please contact us by email on firstname.lastname@example.org or by post at 17 Browns Hill. Dartmouth, Devon, TQ6 9NU.
How and when we collect information about you
We may collect and store information about you whenever you interact with us. Examples of this include:
- When you sign up for our newsletter
- When you buy items from our online shop
- When you sign up for one of our events
- When you contact us with a query
- When you enter one of our competitions
- When you send us a direct message on a social media platform (e.g. Facebook, Twitter, Instagram)
- When you post or comment on a post on one of our social media groups or pages.
What personal information we collect
The types of personal information we collect will be based on the way in which you interact with us. The majority of this information will be personal information, including your name, email address, postal address, telephone number, age and gender. The nature of the personal information collected will be based on how you interact with us, which is detailed in the following section. In all cases we only collect information that we need.
What we collect in your personal information and how it is stored
In almost all cases will only ever contact you following initial contact by you or following provision of personal information by you. We use and store your personal information in the following ways:
- When you buy any items from our online shop (Online Programme, Webinar Programme, Master-class, Personal Consultation, Learning Zone or Situational Judgement Test) we need to collect your personal details (name, email address, postal address, telephone number) and credit/debit card information, to take payment for your goods and to deliver the goods to you. These personal details are held within our website on the eCommerce platform, WooCommerce and transactions are processed using Stripe. bselected Performance Consulting Ltd never has access to your credit/debit card details when payment is taken in this way. Financial transaction data, excluding credit/debit card details, is held for as long as the law requires us to for tax or accounting purposes, which may be up to six years from the transaction date.
- When you contact us with a query of any kind by email (e.g. regarding our newsletter, an event, a product, our website or our online shop) we use the information you have provided to respond to your initial message. We then delete any emails considered to be solved and will not hold any information (emails or email addresses) we deem to be no longer needed.
- When you send us a direct message on a social media platform (e.g. Facebook, Twitter or Instagram) we use any personal information provided to respond to your message. We may also, on occasion, contact you first via direct message on a social media platform for such means as notifying you that you have won a competition. Following the resolution of any such correspondence, whether initiated by you or by us, we will then delete the messages both parties have sent.
- You may interact with us via a page, group or account on a social media platform (e.g. Facebook, Twitter or Instagram). In these cases, your interaction with us is stored on that page, group or account on which it was posted. Such interactions may include personal information such as your name. If you would like any such interactions to be removed please either delete the interaction yourself, send us a message on the platform in question, or email us at email@example.com. The personal information stored will be determined by your privacy settings on the social media platform in question.
- When you use our website anonymous user details will be collected to enable development of the website and for usage tracking, which is undertaken by Google Analytics. Further details of this type of data collection can be found in our Cookies section.
- We may be required to process your personal information to fulfil a legal, regulatory or tax obligation.
How long we store your information
We will keep your personal information collected for financial transactions, excluding your credit/debit card details, for as long as the law requires us to for tax or accounting purposes (which may be up to six years after a particular transaction).
When you unsubscribe from our newsletter your personal information will automatically be deleted through our mailing list database software, Mailchimp. If you wish to rejoin the mailing list at any point you will need to do this via our website www.bselected.com
In respect of any other personal information, we will retain it for no longer than necessary for the purposes for which it was collected, taking into account guidance issued by the Information Commissioner’s Office.
When we share your personal information
We will always only use your information for the purposes for which it was obtained. We will not, under any circumstances, sell or share your personal information with any third party for their own purposes, and you will not receive marketing from any other companies, charities or other organisations as a result of giving your details to us unless you explicitly consent to receive communication from them.
We may need to share your information with data hosting providers or service providers, such as our website developer, who help us to deliver our services. These providers will only act under our instruction and are subject to pre-contract scrutiny and contractual obligations containing strict data protection clauses.
We will also comply with requests where disclosure is required by law, for example, we may disclose your personal information to the government for tax investigation purposes, or to law enforcement agencies for the prevention and detection of crime. We may also share your information with the emergency services if we reasonably think there is a risk of serious harm or abuse to you or someone else.
Collecting your consent
If you change your mind in regards to whether you receive such communications please follow the unsubscribe link in the correspondence from the organisation in question.
Protecting your personal information
We undertake biannual reviews of those who have access to information that we hold to ensure that your information is only accessible by appropriately trained staff and contractors.
If you use your credit or debit card to buy something or make a booking online, we pass your card details securely using Woocommerce to Stripe. We never have direct access to your payment information.
Whilst we take all possible precautions to ensure your personal data is safe, there are always inherent risks in sending information by public networks or using public computers and we cannot 100% guarantee the security of data (including personal information) disclosed or transmitted over public networks.
Your rights to your personal information
Data protection legislation gives you the right to request access to personal information about you which is processed and stored by bselected Performance Consulting Ltd and to have any inaccuracies corrected. You also have the right to ask us to delete your personal information or to object to our processing of your personal information. If you wish to exercise these rights, please email firstname.lastname@example.org
When asking for such a procedure, you will need to provide copies of two separate identification documents, such as a passport, driving licence, or utility bill, and any additional information that is relevant to the nature of your contact with us. This information will help us to locate your records. Please send these documents via post to 17 Browns Hill, Dartmouth, Devon, TQ6 9NU or email them to email@example.com
We will respond within 28 days, on receipt of your written request and copies of your identification documents. We reserve the right to charge a fee to process the request.
How we use Legitimate Interest
If we want to contact you on the basis of legitimate interest, bselected Performance Consulting Ltd will always create an legitimate interest impact assessment (LIA) prior to contacting you. Legitimate interest is the use of personal data by a data controller (in this case, us) that are deemed necessary (e.g. to provide the product or service) or reasonably to be expected by you. Some of the examples of why we would contact you on the basis of legitimate interest are:
- To confirm that you are on our mailing list
- To confirm you have purchased a place for one of our events
- To confirm we have received your entry to a competition, and to subsequently let you know whether you were successful or not in the competition.
- To send you information about the event(s) you have entered
- To notify you that you have been removed from our mailing list
- For upgrades of our terms and conditions, this policy or any other agreements that we have between you and us.
Our policy for Under 16s
To register for our website or one of our events you need to be over 18 years old. If you are under the age of 18 you must have the consent of your parent or legal guardian to register for any of our services.
External websites and social media platforms
We have strict security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control. Whilst we can’t ensure or guarantee that loss, misuse or alteration of information won’t occur, we will always use standard industry methods to prevent this.
The transmission of information across the internet is never completely secure, and whilst we will always do our best to protect the security of your information, we cannot ensure or guarantee that loss, misuse or alteration of information won’t occur whilst you or we are transferring this information.
Where you or we have provided a password enabling you to access parts of our websites or use our services, it is your responsibility to keep this password confidential. Please choose a secure password and do not share it with anyone else.
How to make a complaint or raise a concern
(Last updated: 24th May 2018)
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