Difficult Conversations Workshop

Terms and Conditions

 

 

  1. Introduction

 

  1. The Terms and conditions set out below (“Terms”) apply to the delivery of any group session, event or workshop (“Workshop”), which we, Nicole Posner London (“we”, “us”) agree to provide to you, the attendee of the Workshop (“you”, “your”). For the purposes of these Terms, if you are a corporate entity then “you” shall include your officers, agents, employees and anyone attending a Workshop on your behalf and you agree to procure their compliance with these Terms.

 

  1. By completing a Workshop registration form or otherwise placing an order to purchase access to a Workshop you will be deemed to accept these Terms, along with our privacy notice which can be found at www.np-mediation.london  (“the Website”). Our legally binding agreement will begin when we send your welcome email[es1] .

 

  1. Any information, support, materials or guidance we provide to you during a Workshop is provided for your general information purposes only and shall not constitute specific legal, medical or financial advice.

 

  1. Your obligations

 

  1. It is really important to us that everyone attending our Workshops feels safe and comfortable and therefore we ask that you agree to conduct yourself in a reasonable and responsible manner at all times when attending any Workshop and that you do not act in a manner which may cause offence, distress or alarm to any other individual attending a Workshop (“Attendee”).

 

  1. When you use and/or access our Workshops you agree:

 

  1. not to use them for any unlawful purpose;

  2. not to record any part or capture or share images of any Attendee without their express permission;

  3. not to impact the delivery of the Workshop to you or another Attendee;

  4. not to share information, whether expressed to be confidential or not, that is shared by an Attendee;

  5. not to act or behave dishonestly, fraudulently, or in a way which we reasonably consider may have a detrimental effect on our business or reputation;

  6. that you will not use, share, upload, post, transmit or otherwise make available any content or materials that:

    1. infringe any copyright, trademark, or other Intellectual Property rights (as further defined below) belonging to us or any Attendee;

    2. are by their nature defamatory, libelous, obscene, demeaning or which may cause offence to us or any Attendee, whether intended or not;

    3. discloses personal and/or confidential or sensitive information about another person;

    4. is threatening or causes an Attendee to feel harassed or in fear; and/or

    5. is classed as spam.

 

  1. Where we consider, in our reasonable opinion, that you are in breach of the clause above then we reserve the right to suspend your access to the Workshop. Following such action, we will arrange to speak with you to discuss the matter and to determine whether your access will be removed permanently. Where we decide to withdraw access permanently then our arrangement will terminate and no refund will be provided.

 

  1. If you become aware of any inappropriate behaviour, comments, or content being shared or displayed within any Workshop, at any time, then we ask that you notify us as soon as possible so that we may investigate and take action accordingly.

 

  1. We expect you to treat the Workshop venue and/or location with respect. You will be personally responsible for any damage caused to the venue or the grounds as a result of your direct or indirect actions or behaviour.

 

  1. You agree to act in a safe and sensible manner at all times during the Workshop and to comply with any guidance or rules of attendance that are provided by us or the Workshop venue, including but not limited to Health and Safety policies and procedures.

 

  1. You accept that, at all times, you shall be responsible for your personal belongings during your time at any Workshop venue or location.

 

  1. If you have any access, disability or medical needs that require us to make special arrangements for you to attend, participate or access a Workshop then you agree to notify us as soon as possible following acceptance of these Terms and/or payment of the Workshop Fee and in any event no later than 14 working days prior to the Workshop delivery date.

 

  1. Payment terms

 

  1. The price for the Workshop (“Workshop Fee”) is as stated on the relevant Workshop registration form. All Workshop Fees are shown inclusive of Value Added Tax. Any group discount offer is made entirely at our discretion and can be changed and withdrawn at any time, without notice.

 

  1. The Workshop Fee must be paid at the time the registration form is completed unless we agree otherwise. If payment is not provided within 7 days from completion of a Workshop registration form, then your booking will cancelled. All Workshop Fees must be paid in full prior to the delivery date of the Workshop.

 

  1. If you choose to pay by credit or debit card then you authorise us to charge your payment method without further notice to you. If it is rejected, or fails, but you have still received access to the Workshop or any of our services then you agree to provide full payment within 7 days from access being provided.

 

  1. You will be responsible for your own costs and expenses of travelling to and from any Workshop. The Workshop Fee does not include any travel costs or any other expenses, including insurance, that you may incur in connection with your attendance at the Workshop.

  2. The Workshop Fee includes on-site lunch and refreshments unless we advise otherwise. If you have any special dietary requirements, you should make them known to us at the time of purchase / when completing your Workshop registration form.  All food/drink which is offered in connection with a Workshop is provided by a third party and save for providing dietary requirements we shall not be liable for the content of any food or drink provided.

  1. Refund Policy

 

  1. The Workshop Fee and any other payments provided to us are non-refundable unless you provide us with at least 48 hours’ notice to cancel (as set out in clause 5.1) or we cancel delivery of the Workshop (as set out in clause 5.2).

 

  1. Changes and Cancellation

 

  1. If you are unable to access and/or attend the Workshop then you will be entitled to cancel your attendance and receive a full refund if you provide us with your notice of cancellation by email to be received by us no less than 48 hours before the scheduled Workshop start time.

 

  1. We may cancel a Workshop where we are unable to deliver the service for any reason. In such circumstances we will provide you with notice in writing and provide you with a refund in accordance with clause 4.1 above.

 

  1. We may change the date or location for the Workshop or choose to deliver it virtually if for any reason the Workshop venue or location becomes unavailable or the Workshop is unable to go ahead due to any other reason outside of our control as set out in clause 8 or due to government regulations or advice, Covid-19 or other virus-related rules, regulations or requirements. In such circumstances we shall use our best endeavours to source an alternative venue or location and/or arrange a suitable alternative date. Where this is not possible and/or the option to host the Workshop virtually is not viable then we shall cancel the Workshop.

 

  1. If we are caused to make changes to the Workshop venue or location or the date of the Workshop due to any circumstances beyond our control and you are unable to attend the amended date or location then you shall be entitled to cancel your attendance and receive a refund or alternatively, subject to our written consent, to transfer of your Workshop place to another person.

 

  1. In some circumstances it may be necessary for us to make amendments, revisions or changes to the Workshop or cancel, amend, change or reschedule any part as is reasonably required. If we do need to make changes then we will ensure that the Workshop still matches the original description, except where the change enhances the original description. We shall not be liable for any reasonable changes that are made. 

 

  1. We reserve the right to limit or suspend your access to any Workshop where we reasonably determine that you have acted or behaved dishonestly, fraudulently, or in a way which may have a detrimental effect on our business or reputation, where you are failing to positively engage with the Workshop, or where you are acting in a way which is abusive or intended to cause offence to us or any of our employees, agents or contractors.

 

  1. Complaints or concerns

 

  1. It is important to us that you are entirely happy with the services that we deliver. In the event you have any complaints or concerns please let us know by email to nicole@posner.london and allow us a reasonable amount of time to investigate and resolve your concerns.

 

  1. No Guarantee

 

  1. You agree and understand that accessing and attending our Workshops does not guarantee any particular results or success. During access to our Workshops you will be provided with access to information, resources and support all designed to benefit you but it remains, at all times, your responsibility to take action and to implement the necessary information received and/or any skills or tools shared. Your success and any results are dependent on factors which are outside our control and for that reason we are not able to guarantee that any particular results or success will be achieved.

 

  1. We have made every effort to accurately represent our Workshops. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that you will achieve the same or similar results. Your individual success will depend on many factors, including your background, dedication, desire, and motivation which are all outside of our control and for these reasons we make no guarantee, representation or warranty with respect to the services provided as part of the Workshop delivery.

 

  1. Events outside of our control

 

  1. We will make every effort to deliver our Workshops but sometimes things may happen which are outside of our control (“Events”). Examples of Events can include, but are not limited to, acts of god, extreme adverse weather conditions, pandemics, industrial action, lock down, war or threat or preparation for war, terrorist attack, any act or omission of a telecommunications officer or third-party supplier of services, unexpected illness or accident. If an Event happens which causes a delay to the delivery of a Workshop then we will contact you as soon as we are able to confirm the details, the steps we are taking to mitigate the impact and when we expect to recommence delivery.

 

  1. If an Event occurs which continues for longer than 3 months then either one of us shall be entitled to terminate this Agreement by providing 14 days’ notice in writing. Termination in these circumstances shall be without prejudice to any of our rights in respect of any breach occurring prior to termination. We will not be liable for any loss or damage suffered by you as a result of any delay caused by an Event and any refunds will be considered at our discretion.

 

  1. Intellectual Property

 

  1. For the purposes of these Terms, Intellectual Property shall mean all worldwide intellectual property rights whether registered or unregistered, registrable or non-registrable, including any application or right of application for such rights and shall include copyright and related rights, database rights, confidential information, trade secrets, know how, trade names, business names, trademarks, passing off rights, patents and rights in designs.

 

  1. As part of our Workshop delivery we may provide you with materials, information, tools, videos[es2] , resources, documents, workbooks and other content (“Content”). You agree and accept that all Content remains our confidential and proprietary Intellectual Property and belongs solely and exclusively to us.

 

  1. You will be permitted to use any Content in connection with your participation in the Workshop but it should not be copied, modified, reproduced, sold, shared, distributed, published, licenced, disclosed, or used for any reason, whether for commercial gain or not, without our prior written consent and nothing within these Terms constitutes a transfer of any Intellectual Property or a grant of a licence or any right to use unless expressly set out in these Terms or where we have provided our written consent.

 

  1. You will be granted a personal, limited, worldwide, non-transferable, non-exclusive, revocable licence (“Licence”) to access, view and use the Content for your private and personal use in connection with your Workshop attendance and for the purposes the Worksop is intended for. Your Licence becomes valid upon payment of the Workshop Fee and any other monies owing to us and we shall have the right to withdraw it at any time, without notice, where we reasonably believe you are in breach of the terms of the Licence or any of these Terms.

 

  1. You may not, without our prior written consent, make any audio or visual recordings of all or any part of a Workshop. You agree that we may capture or make recordings which may include your image, voice, name and likeness during the course of the delivery of a Workshop. These images or recordings may be used for learning and/or promotional reasons which includes sharing on social media. By accessing our Workshops and agreeing to these Terms you are providing your consent.

 

 

  1. Your Personal Information

 

  1. Any personal information you provide will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the UK GDPR and the Data Protection Act 2018. We shall only process your personal information to the extent reasonably required to enable proper delivery of the Workshop and shall retain it only for as long as reasonably necessary to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your personal Information please refer to our privacy notice which can be found at www.np-mediation.london.

 

  1. Any of our obligations arising under this clause and under clause 9 above, shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings (whether or not in relation to these Terms), to allow us to obtain legal advice, where we have been directed to do so by a court or other body of equivalent jurisdiction or where it is necessary because we reasonably believe you are at risk of danger to yourself or others.

 

  1. Reviews and Testimonials 

 

  1. If you share comments, information, content, photographs, graphics or images (“Attendee Content”) you are granting to us, free of charge, permission to use that Attendee Content in any way as part of our business services, which shall include advertising and marketing. When sharing Attendee Content, you confirm that you have the legal right to share it and that it does not infringe any third party’s intellectual property or other rights.

 

  1. If you provide us with a testimonial, review or similar (“Review”) then by doing so you are providing your consent for us to exhibit, copy, publish, distribute, use on our Website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, your Review or part of your Review, as we reasonably require to lawfully promote our business.

 

 

  1. Liability

 

  1. We will not be liable for any loss or damage suffered by you in connection with delivery of any Workshop save that nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation. 

 

  1. We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:

 

  1. any indirect, consequential or special damages, losses or costs;

  2. any loss of profits, business, data, reputation or goodwill or any such anticipated losses;

  3. any failure to deliver a Workshop where we are prevented due to an Event or another reason beyond our reasonable control; or

  4. any losses arising from your choice of Workshop or your participation in any Workshop.

 

  1. We do not hold any proprietary interest in any Workshop venues or locations, or act in any form of agency capacity and we merely act as organiser, facilitator and host of the Workshop and accept no liability in relation to acts or omissions which are caused by or are the result of the Workshop venue or location including but not limited to cancellation, damage to or loss of personal items occurring during your attendance at a Workshop.

  2. Protecting the health, safety and wellness of all Attendees is very important to us, especially in the current climate. With this in mind we shall use our best efforts to comply with current health and safety guidance and ensure that all Attendees have ample space and feel comfortable and safe.

  3. Notwithstanding the above, whilst it is our intention to do as much as we are able to support a safe Workshop environment, your health and safety will remain your responsibility and you understand that we cannot guarantee that the Workshop environment will be entirely free from Covid-19, or other similar virus, and we shall not have any liability should you fall ill or develop any negative health symptoms at any point during or after the Workshop. If you have any concerns concerning your own health and wellness or that of another Attendee then please notify us.

  4. Our entire liability to you shall be limited to the amount of the Workshop Fee paid by you at the time loss is sustained.

 

  1. Contact between us

 

  1. This Services shall be delivered by Nicole Posner London.  Our business address is 6 Carlisle Road, London, NW9 0HN.  Should you wish to contact us then you can email us at nicole@posner.london.

 

  1. If we need to contact you, we will use the email address you provide to us at the time you purchase the Workshop. If you change your contact email address it will be your responsibility to notify us so that we can update our records.

 

  1. Applicable Law

 

  1. These Terms and any dispute or claim arising out of them (including non-contractual disputes of claims) shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.

 

I confirm my full understanding and agreement with the information outlined above.

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