Terms and Conditions

Terms and Conditions

These terms and conditions pertaining to Power the Change Ltd. They are divided into four parts:

1- Use of our website
2 - Coaching
3 - Bookings (Training, workshops, speeches, consultations, etc)
4 - Online Courses

These Terms and Conditions were last updated on May 13th, 2019.

PART ONE: USE OF OUR WEBSITE

1. Acceptance of Terms and Conditions of Use of Website

1.1 By accessing any part of the site, you shall be deemed to have accepted these Terms and Conditions of use in full. If you do not accept these Terms and Conditions of Use in full, you must leave the site immediately.

1.2 We reserve the right to change or update these Terms and Conditions of Use from time to time without prior notice. Revised Terms and Conditions of Use will be published on this site and we will make commercially reasonable efforts to notify registered users of any significant changes that affect your rights by email.

1.3 you may not use spiders, robots, data mining techniques or other automated devices or programs to catalogue, download or otherwise reproduce, store or distribute content available on the site.  Further, you may not use any such automated means to manipulate the site or attempt to exceed the limited authorisation and access granted to you under these Terms and Conditions or disrupt the site or any other user’s use of the site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the site or circumventing security or user authentication measures.  you may not frame portions of the site within another web site or establish links from any other web site to any page of the site other than the home page.   you may not resell use of, or access to, the site to any third party.

2. Copyright and Other Intellectual Property Rights

2.1 Power the Change Ltd are the exclusive owners of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the site. Your use of the site grants no rights to you in relation to copyright, trade marks or other of Our intellectual property rights or the intellectual property rights of third parties.

2.2 you may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, communicate to the public, or otherwise use the content included in or provided via the site except for your own personal, non-commercial use or where we expressly give you a right to do so on a case-by-case basis. Subject to the above, you may download insubstantial excerpts of this content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made. Power the Change Ltd does curate content from open (free) resources like youtube or online articles. We make no claim to own this content and use it purely to expand the knowledge of our students. We never willingly use paid content sources from other providers. Curating content is best practice for learning and development practitioners and we will refer to open source content in most of our online  interventions.

3. Information on the site

3.1 We are constantly seeking to improve the site and its content and we may therefore change any aspect of the site, its content or services, including the availability of any suppliers, features, information, database or content.

4. Limitation of Liability

4.1 WHILST WE WILL USE ALL REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO OUR ATTENTION, WE DO NOT WARRANT THAT THE SITE WILL BE AVAILABLE UNINTERRUPTED AND IN A FULLY OPERATING CONDITION NOR THAT THE INFORMATION ON AND PROVIDED VIA THE SITE WILL BE FREE FROM ERRORS OR OMISSIONS.

4.2 Access to this site and its contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair or for reasons beyond Our control.

4.3 Save that nothing in this paragraph 4 shall restrict your statutory rights (including your right to receive a reasonable standard of service) all content and services on this site are provided on an ‘as is’ and ‘as available’ basis. We do not make any representations or give any warranties in respect of the site or its content, including, without limitation, any advice including health or other advice and information given (on a personal or general basis) and statements made by advertisers on the site. Please note that any opinions, views or advice expressed by guests, contributors, advisers or visitors to the site or other Registered Users (as the case may be) does not necessarily represent Our own. Any decisions or action taken by you on the basis of information provided on or via the site is at your sole discretion and risk and you should obtain individual professional advice where necessary. Further, the site may contain typographical errors and you agree that we shall not be bound by any such errors.

4.4 We do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content contained in or accessed through this site.

4.5 From time to time, this site includes hyperlinks to websites operated by third parties (including in relation to the sale of goods and services offered via the site). Such hyperlinks are provided for your reference and convenience only. We do not control such websites and are not responsible for their contents. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In particular, you acknowledge that We will not be a party to any transaction or contract with a third party that you may enter into and that We shall have no liability to you in respect of any such transaction, whether arising in contract, tort, under statute or otherwise.

4.6 We will not be liable for any damages, including direct, indirect, special, exemplary or consequential losses, any lost profits, lost data, cost of cover, or any punitive damages and whether in contract, tort (including negligence) or otherwise, arising in connection with a breach of these Terms and Conditions of Use by you or another Registered User or visitor to the site. Where We are liable for direct loss this will be limited to a maximum of the total price of the products or services acquired or provided via the site in respect of which a claim is made or the sum of £10 whichever is the lesser.

5. Denial of Access

5.1 In addition to any right or remedy that may be available to us under these Terms and Conditions or applicable law, We reserve the right to suspend, restrict or terminate your access to the site at any time without notice for any reason. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

6. Competitions, Offers and Prize Draws

6.1 Each competition, offer or other promotional features available through this site may have specific terms and conditions. you will need to read and accept these before making a submission.

7. Data Processing and Privacy

7.1 For details on Our data processing activities and your rights in relation to same, please see Our Privacy Policy.

8. Disputes; governing law.

8.1 you hereby waive all rights to trial in any action or proceeding instituted in connection with the site or these terms and conditions. Any controversy or claim arising out of or relating to the site or these terms of use shall be settled by binding arbitration in accordance with the commercial arbitration rules. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in England. Either party may refer the complaint or dispute for mediation by a party appointed under the rules of the Centre for Effective Dispute Resolution (CEDR).8.2 Any claims asserted by you in connection with the site must be asserted in writing to us within one (1) year of the date such claim first arose, or such claim is forever waived by you.  Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

9. General

9.1 We shall not be liable for any failure for any suspension, or termination of access to the site or any content arising out of a force majeure event. A force majeure event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action affecting Us or Our suppliers, cyber attack or other malicious acts of third parties or any other cause beyond Our reasonable control.

9.2 If any of these Terms and Conditions of Use are determined to be illegal, invalid or otherwise unenforceable by reason of law then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

9.3 The failure by Us to partially or fully exercise any rights or the waiver of any breach of these Terms and Conditions by you, shall not prevent a subsequent exercise of such right by Us or be deemed a waiver by Us of any subsequent breach by you of the same or any other term of these Terms and Conditions.  Our rights and remedies under these Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit Our right to exercise any other right or remedy.

9.4 These terms shall be governed by and interpreted in accordance with the laws of England. For any matters which are not subject to arbitration as set forth in these Terms and Conditions and/or in connection with the entering of any judgment on an arbitration award in connection with these Terms and Conditions, shall be subject to the exclusive jurisdiction of the courts of England and Wales.

9.5 If you have any questions or complaints regarding the service, then you can contact us by e-mailing: info@powerthechange.com

PART TWO:  COACHING
What is Coaching?
Coaches partner with people to create a safe, stimulating environment where they can identify obstacles and reach their highest potential. People hire coaches to help them achieve a variety of professional goals such as maximising success, developing emotional intelligence and managing career transitions. The coach’s job is to work with people – referred to here as the ‘client’ -- to enhance their skills, resources and creativity. Coaches are trained listeners and use powerful questions to bring out client-driven strategies and solutions.

Coaching Relationship & Boundaries
The client understands that coaching does not involve the diagnosis or treatment of mental disorders nor is it a substitute for professional advice by legal, medical, financial, business, spiritual or other qualified professionals. Coaching is also not a substitute for any form of medically prescribed or specified services (including psychotherapy, counselling, psychology services, therapy or analysis).
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The client understands that coaching is an ongoing, interactive, professional relationship designed to help the client achieve his/her desired results in their career.  By signing this agreement, the client agrees that he or she is fully responsible for his or her physical, mental and emotional well-being, including his or her choices, decisions and actions. The client is aware that he or she can choose to discontinue coaching at any time. Accordingly, I (Matthew Davies), will be indemnified and held harmless from any claims, demands, causes of action or litigation including, but not limited to, all costs of reasonable lawyer’s fees, which may arise or be incurred by reason of the services performed.  
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Client Agrees To:
• Turn off your mobile phone and other distractions during the session.
• Take full responsibility for his/her choices and decisions during coaching.
• Let the coach know if at any time the coaching is not working as desired and use his/her best efforts in working with the coach to resolve any issues that may arise.
• Be committed to complete agreed upon ‘homework’ established during coaching sessions.
• The payment and cancellation policy in this agreement.

Confidentiality: Coaching paid for by the coachee
Coaching is based on confidentiality.  Confidentiality is essential to building the trust needed for an effective working relationship between the client and the coach.  The coach recognises that anything the client shares with them is regarded as confidential, whether it is business or personal information, except as required by law.  By signing this agreement, the coachee understands that coaches are not covered by “privilege” in a court of law.  Unless the client agrees otherwise in writing, the coach agrees not to at any time, disclose any information the client shares with them during their sessions, unless it could jeopardize the safety of the client or others. Information on the coachee may be anonymously and hypothetically shared with others for training or consultation.  The client will have sole discretion to share or not share feedback assessments, the content of coaching conversations and any other information from the coaching process.

Confidentiality: Coaching paid for by Business
If your company is paying for your coaching they will expect updates. The coach will ask for your permission prior to any update and will discuss what aspects will be shared with your company representative so trust is not threatened or any unwanted disclosure is not made.

Duration and Investment
Sessions are bought in bundles of three or five and no longer than 55 minutes each in duration. Sessions not taken within 12 weeks of purchase will expire and are non-refundable.
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Unless otherwise arranged, the client understands that fees are payable in advance. Client understands that his or her paid session starts at the scheduled appointment time. Any dispute regarding services is limited to fees paid, cancellation of unpaid charges invoiced, and/or cancellation of additional contracted services, with the amount and terms to be agreed upon by the parties.  
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Additional fees may be charged in some situations:
• Fee-based assessments (such as a career and personal assessments).  
• Reasonable travel expenses if the coach travels more than 5 miles to visit the client.

Payment Policy
Agreed coaching sessions must be paid for before sessions commence.

Cancellation Policy
Commitment is key to coaching. We understand life happens and will take exceptional circumstances into consideration, however, this is a professional service and must be respected as such.
you can cancel and rearrange your session using the e-calendar if your session is 48 hours or more prior to the coaching session, you are able to do this once, per session. You cannot use this facility if the session is between 0 and 48 hours prior to the coaching session. Please email matt@powerthechange.com if you need to cancel and rearrange. If the session is 24 to 48 hours from the cancellation notice time, a cancellation charge of 50% of the coaching fee will be charged on top of the new session booking.
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If a cancellation notice is received by Power the Change Ltd less than 24 hours prior to the training date, the cancellation charge is 100% of the coaching session fee.

PART THREE:  BOOKINGS
Bookings are any paid interaction between Power the Change Ltd and a client. These include (but are not exclusive to):
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Courses
Speaking engagements
Workshops
Consultations
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Booking are confirmed by email. If you haven’t received a confirmation email within 24 hours of booking do please let us know.

Payment
‍All charges for bookings are subject to VAT and due on booking or within 30 days of invoice.
Online payments are processed through Stripe. You do not need a Stripe account to pay online, the system accepts credit and debit cards.

Cancellations
MBTI reports:As soon as MBTI reports are requested, refunds are not possible.  
Any form of non-attendance on a course is considered a cancellation. If you cancel a confirmed place or full booking on or for one of our courses a fee is payable as follows:
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Notice                                        % Payable
More than 14 days                    0%
Less than 14 days                     50%
Less than 10 days                     100%

(Please note these are not business days. These are actual days).
If we cancel a course any fees you have paid will be refunded in full or you can transfer to another date at no extra charge; the choice is yours.
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You may cancel a booking by email to info@powerthechange.com or, if you booked on-line, through the on-line booking system.

Changes
Power the Change Ltd reserves the right to make changes and improvements to the content of any of its public courses at any time without notice.