Course Terms and Conditions
Please read these Terms carefully and make sure that you understand them, before booking any Course with us. You should also print off a copy of these Terms for your future reference. By booking a Course with us, you agree to be bound by these Terms.
www.guruperformance.com (“Website”) is operated by Guru Performance Limited, a company registered in England and Wales under company number 07710171 with its registered office at The Guildyard, 51 Colegate, Norwich, Norfolk, NR3 1DD (the “Company” or “We”).
- Definitions. In these Terms, the following definitions apply:
- Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business;
- Classroom Course means a classroom based course and the Materials;
- Course means the course provided by the Company to the Student (including both Online Courses and Classroom Courses or combined courses);
- Course Fee means the fee payable for the Course and shall exclude any VAT payable;
- Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
- Materials means any materials whatsoever supplied by the Company to the Student during or in anticipation of the Course including manuals, distance learning materials, online tutorials, and downloadable materials;
- Online Course means an online course which is made available via the Website and the Materials, whether made available immediately following delivery by the Company or on a predetermined date;
- Student means the person attending the Course, being either you or another person; and
- Venue means the venue(s) at which the Course will be held.
- Construction. In these Conditions, the following rules apply:
- a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
- a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
- any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
- a reference to writing or written includes online enquiries and e-mails.
- If you would like to book a Course you must complete the online application/order process on the Website.
- To book certain Courses (for example, the ISSN Diploma) you will be required to provide additional information (together evidence) confirming your suitability for participation on the Course and satisfaction of the eligibility criteria.
- If you are unable to provide such information or you do not meet the eligibility criteria, your application will be rejected. If you are unable to provide such information and/or evidence for technical reasons please contact us at firstname.lastname@example.org.
- Submitting an application to study a Course will be treated as an “order” for the purpose of these Terms. When you place an order for a Course (by way of an application process or otherwise) you are offering to purchase that Course on these Terms. The Company reserves the right to decline or cancel your order, or any part of your order.
- Following receipt by the Company of your application/order for a Course via the Website you will receive an automated email confirming that your application/order has been received by the Company. Your application/order will be subject to acceptance by the Company of your offer to purchase in accordance with clause 2.6 below.
- A legally binding agreement shall not come into existence until the Company has accepted your order (e.g. application/offer to purchase a Course) by:
- sending you a confirmation email of acceptance of your application/order, and
- either (i) the Company receiving payment for the Course in cleared funds in accordance with clause 3 below; or (ii) the Company agreeing a plan for the payment of the Course Fee in instalments.
- Where your order consists of multiple Courses, each individual Course will be treated by the Company as a separate offer to purchase. Acceptance of your offer to purchase one or more of the Courses will not be an acceptance by the Company of your offer to purchase any other Courses which make up your order.
- The Company reserves the right to withdraw a Course at any time.
- The Course Fee will be advertised on our Website and/or will be notified to you by a representative of the Company.
- During the order process (or once your application has been approved) you will be given the option to pay online or request an invoice in order to pay via bank transfer. You may also make a request to pay in instalments. The Company may accept/reject a request to pay by way of instalments at its sole discretion.
- Where you wish to make payment online, you will be given the option of paying by debit card, credit card or PayPal using the PayPal system.
- Where you request an invoice, we will email an invoice to the email address provided by you during the online process. Any such invoice will be payable in full within 7 days of the date of the invoice or, if sooner, the date of the commencement of the Course. Payment of any such invoice may be made by cheque, cash, debit car, credit card or Paypal.
- Where payment is made by a credit card and/or via PayPal an additional surcharge of the total payment may be charged to cover the Company’s administration costs. The surcharge shall be calculated in accordance with Schedule 1.
- In the event that you request to make payment by way of instalments, we will contact you to discuss this request further. As set out above, we reserve the right to refuse to accept payment by way of instalments at our sole discretion. If the Company agrees to accept payment of the Course Fee in instalments, each instalment shall be due on the dates agreed between you and the Company.
- The provision of, and the Students participation in, the Course is subject to the Company having received the Course Fee (or, where applicable, all instalments which have fallen due) in cleared funds. Without prejudice to the Company’s rights and remedies under these Terms, if any sum payable is not paid in cleared funds on or before the due date, the Company reserves the right, at its sole discretion, to suspend the provision to the Student and refuse the Student entry or access to Course. Further, in the case of any instalment not being paid in cleared funds on or before the relevant due date, the Company reserves the right to require immediate payment of all future instalments.
- If you do not make any payment due to the Company by the due date for payment, We may charge interest to you on the overdue amount at the rate of 8% a year above the Bank of England’s base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay the Company interest together with any overdue amount.
- All payments due under the Contract shall be paid you in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law).
- The Company reserves the right from time to time to change the amount of the advertised Course Fee. In the unlikely event that due to a technical error, the Course Fee advertised is incorrect, or the Course Fee has been changed but the Website is out of date when you make your booking, the Company will notify you as soon as it reasonably can. If the correct amount of the Course Fee is higher than the amount displayed on the Website, the Company will contact you to notify you of the correct Course Fee, so you can decide whether or not you wish to continue with your order of the Course at the increased Course Fee.
PROVISION OF THE COURSE AND MATERIALS
- The Company will:
- with respect to Courses that is only available on predetermined dates, deliver the Course on the dates advertised on the Website or confirmed by a representative of the Company;
- with respect to Courses that are not to be delivered on predetermined dates, as soon as practicable following conclusion of the Contract in accordance with clause 2.6; and
- in either case will provide the Courses for the advertised duration of the Course (if applicable).
- We will make every effort to deliver the Courses on the dates advertised (if applicable). However, there may be delays due to an Event Outside Our Control (as defined in clause 14.2).
CONSUMER’S CANCELLATION RIGHT
- Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations”) you may cancel the Contract for the purchase of the Course within a period of 14 calendar days (“Statutory Cancellation Period”) from the date on which the contract is concluded in accordance with clause 2.6. This means that during the relevant period if you change your mind, you can notify us of your decision to cancel the Contract and receive a refund.
- Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
- However, this cancellation right does not apply if:
- you have given the Company express consent to supply any services (i.e. to deliver the Course or provide the Student with access to the Course) during the Statutory Cancellation Period and the service has been fully performed. If express consent has been given but the service is only part performed, you will be liable to pay for the services actually received; and
- the Contract is for the supply of digital content including Materials your right to cancel and obtain any refund will be lost if you have given the Company express consent to supply the digital content to you during the Statutory Cancellation Period or if you access the digital content before the expiry of the Statutory Cancellation Period.
- You must inform us of your wish to cancel by contacting us on the details set out in clause 16.
- If you are not a consumer or you are a consumer and the Statutory Cancellation Period has expired, and you choose to cancel or defer a Course you will be offered an opportunity to re-arrange the Course by booking the Course on another date within a period of 6 months of the date the original Course was to commence. If you choose to cancel the course or in the event you do not re-arrange the Course within the aforementioned 6 month period you will not be entitled to a refund of the Course Fee.
- The Company reserves the right to cancel a Course at any time up to one working week prior to the commencement of the Course. However it may be necessary in extraordinary circumstances for the Company to give one Business Days’ notice (for example, where the presenter is incapacitated, or the Venue is unusable for any reason).
- Subject to clauses 5.5 and 5.6, no cancellations or deferrals will be permitted for a Course unless otherwise agreed in writing by the Company.
- In the event that the Company cancels the entirety of a Course in accordance with clause 5.6, you will be given the choice to rearrange your Course by re-booking the Course on another date or request a refund of your Course Fee.
- In the event that the Company cancels only a part of a Course, the Company will endeavour to rearrange another date for the provision of such part as soon as possible and you will be given the opportunity to attend on the revised date. If you are unable to attend on one of the alternative dates offered, you may request a refund of a fair proportion of the Course Fee (such proportion being determined by the Company).
- If you decide to cancel the Contract or request a refund in accordance with clause 5.8 or 5.9, the Company will refund the Course Fee within 14 days of receipt of either your notice of cancellation/your request for a refund (as applicable) using, unless agreed otherwise, the same method of payment as you original used to pay the Course Fee.
- If any Materials have been delivered to you before you decide to cancel the Contract/request a refund, then you must return such Materials to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract/require a refund.
- In addition to the provision of the Course, the Course Fee shall include the cost of any Materials if any which will be provided to you prior to or on attendance at such Course.
- The use by you of any course Materials is strictly in accordance with these Terms and in particular clause 10.
- Materials will be made available to the Student in hard copy or electronically as the Company considers appropriate.
- If made available in hard copy, Risk of damage to, or loss of, any Materials, or any physical media on which Materials are stored, shall pass from the Company to you on delivery to the Student. The Company reserves the right to charge for the replacement of any damaged or lost Materials.
- Where Materials are made available electronically, the Student is responsible for ensuring it has the technical means to access such Materials. The Company accepts no liability for any inability of the Student to access the Materials.
CLASSROOM COURSE ATTENDANCE
- You must comply with all health and safety rules and regulations and any other reasonable security or other requirements that apply to the Venue.
- The Company shall provide a facilitator to present the Course as it, in its sole discretion, deems fit and the Company shall be entitled at any time to substitute any facilitator with any other facilitator who, in the Company’s sole discretion, it deems suitably qualified to present the Course.
- The Student’s personal possessions are their sole responsibility and the Company accepts no responsibility and/or liability for anything that is lost or stolen from the Venue of any Course. The Student is advised to keep their possessions with them at all times.
- The Company operates a zero tolerance policy in relation to inappropriate behaviour of Students. In particular abusive or violent behaviour directed at any facilitator or other Student(s) will not be tolerated under any circumstances. The Company may, at its reasonable discretion and without liability or any obligation to refund any Course Fee, in respect of any Student that it believes will be disruptive to the Course or whose behaviour the Company considers is or may be in breach of these Terms:
- refuse to supply any Course to any such Student;
- refuse to admit such Student access to a Course; or
- remove such Student from any Venue.
- The Company will provide you with the Course but the Company does not make any commitment or guarantee that a Student will pass the Course or obtain a certain grade in the Course.
- The Company accepts no responsibility to any party for the Student’s use of the tuition provided and/or the contents of the Materials, including but not limited to the giving of advice by the Student to any third party.
INTELLECTUAL PROPERTY RIGHTS
- All Intellectual Property Rights in the Course and any Materials supplied to the Student shall be and remain the property of the Company and/or its licensors.
- Under no circumstances can the Materials, or any part of them, be reproduced, stored or transmitted in any form or by any means without the prior written consent of the Company.
- In consideration of receipt by the Company of the Course Fee, the Company grants the Student a non-exclusive, non-transferable licence to use the Material content for the sole purpose of undertaking the Course.
- Save as expressly set out in these Terms the Student may not modify, copy, reproduce, republish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any part of the Material.
- Use of the Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either the Company’s copyright or other Intellectual Property Rights.
- The Student acknowledges that, in respect of any third party Intellectual Property Rights forming part of the Course and/or the Materials, the Student’s use of any such Intellectual Property Rights is conditional on the Company obtaining a written licence from the relevant licensor on such terms as will entitle the Company to license such rights to the Company.
- This clause 10 shall survive termination of the Contract.
- By booking a Course on behalf of a Student, you warrant that:
LIMITATION OF LIABILITY
- Nothing in these Terms shall limit or exclude the Company’s liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
- any liability which cannot be limited or excluded as a matter of law.
- Subject to clause 12.1:
- the Company shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
- the Company’s total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of the Course Fee which has been paid, or is payable, by you or on your behalf.
- The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
- This clause 12 shall survive termination of the Contract.
THE RIGHTS TO CANCEL AND APPLICABLE REFUND
- We may cancel the Contract at any time with immediate effect by giving you written notice if:
- you do not pay the Company when you are supposed to as set out in clause 3. This does not affect the Company’s right to charge you interest under clause 3.10; or
- you break the contract in any other material way and you do not correct or fix the situation within 14 days of the Company asking you to in writing.
EVENTS OUTSIDE OUR CONTROL
- The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by an Event Outside Our Control.
- An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks.
- If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
- we will contact you as soon as reasonably possible to notify you; and
- the Company’s obligations under these Terms will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the delivery of the Course to the Student, the Company will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
- Assignment and other dealings.
- The Company may at any time assign, transfer, subcontract its rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
- You/the Student may not transfer your rights or your obligations under these Terms to another person unless we give prior consent agree in writing.
- If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
- If any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
- Waiver. A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- Variation. We reserve the right to update, amend or vary these Terms from time to time to comply with law or to meet our own business requirements without giving you notice.
- Third parties. A person who is not a party to the Contract shall not have any rights to enforce its terms.
- Governing law. This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
- Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
If you wish to contact us for any reason, please contact us at:
Guru Performance Limited
The Guildyard, 51 Colegate
Tel: 0207 117 2436
Schedule 1: Surcharges
Charge = 2.9% of the Course Fee + £0.20 + additional territory fee based upon the country from which payment is made (as specified below)
|Sender’s Country||Cross Border Fee|
|Europe I/ US/ Canada**||0.5%|
|Rest of the World||1.5%|
* Aland Islands, Denmark, Faroe Islands, Finland, Greenland, Iceland, Norway, Sweden.
** Austria, Belgium, Canada, Channel Islands, Cyprus, Estonia, France (including French Guiana, Guadeloupe, Martinique, Reunion and Mayotte) , Germany , Gibraltar, Greece, Ireland, Isle of Man, Italy, Luxembourg, Malta, Monaco, Netherlands, Portugal, Montenegro, San Marino, Slovakia, Slovenia, Spain, United Kingdom, United States, Vatican City State.
*** Andorra, Albania, Bosnia & Herzegovina, Bulgaria, Croatia, Czech Republic, Hungary, Latvia, Liechtenstein, Lithuania, Macedonia, Moldova, Poland, Romania, Russian Federation, Serbia, Switzerland, Turkey, Ukraine.
The Company reserves the right to vary the Surcharges from time to time by amending these terms and conditions.