Terms & Conditions

Terms & Conditions

TERMS & CONDITIONS

1. These Terms

1.1 These are the terms and conditions on which we supply our services to you, which can include courses, events, resources and digital content.

1.2 Please read these terms carefully before you submit your booking to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the booking, what to do if there is a problem and other important information.

1.3 By using our website, you confirm that you accept these terms and conditions and that you agree to comply with them.

1.4 We may amend these terms and conditions from time to time. Please check these terms and conditions to ensure you understand those that apply at that time.

2. Information about us and how to contact us

2.1 We are Raw Horizons Ltd, a company registered in England and Wales. Our company registration number is 07589186. Our registered office is at Kemp House, 152 – 160 City Road, London EC1V 2NX. Our VAT registration number is GB 179697920.

2.2 You can contact us by telephoning us on +44 (0) 333 050 6987 or emailing us at [email protected] Our office is open from 9:00am to 05:00pm (GMT) seven days a week (excluding the Christmas and New Year period).

2.3 If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us in your booking.

2.4 By making a booking with us, you confirm that you are over the age of 18. All bookings for students under the age of 18 must be made by a parent/guardian or school at which they attend and both you and the student will be bound by these terms.

2.5 Definitions:

“Booking” means your booking a course with us.

“Course”, “course”, “Courses”, “courses” are all interchangeable and mean the services that we provide and that you have booked.

“Course Materials” means the materials relating to any course, which may be in physical and/or digital format.

“Services” means all courses including seminars, workshops, programmes or any other tutoring services that we may offer.

“Website” means https://academy.rawhorizons.co.uk.

”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1 Our acceptance of your booking will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we are unable to accept your booking, we will inform you of this and will not charge you. This might be because the course is no longer available, has changed in some way or because we have identified an error in the price or description of the course.

3.3 A non-refundable deposit of £200 is required for each course. This deposit is taken upon booking the course, with the remaining balance being due 25 days prior to the start of the course. If the course is booked less than 4 weeks in advance the deposit facility will not be available and the full amount will need to be paid when booking.

4. Our Services

4.1 Courses - Generally

4.1.1 All courses, the content and the timing thereof will be as set out in the description on our website.

4.1.2 Any Course Materials to be supplied will be made available prior to the start date of the course or as and when necessary. Course Materials may be supplied in physical format only, as digital content only or a mixture of both.

4.1.3 We shall provide such presenters to present the courses as we in our sole discretion deem fit and we shall be entitled at any time to substitute any presenter with any other person who in our sole discretion we deem suitably qualified to present the relevant course.

4.1.4. We expect you to take reasonable care to verify that the course that you book will meet your needs. We do not make any commitment to you that you will obtain any particular result from your attending a course or use of the Course Materials or that you will obtain any particular qualification on completion of the event (unless otherwise stated on our website).

4.1.5 From time to time we may record students during their time on a course. This content is solely for the use of advertising and marketing which may appear on third party material such as websites and leaflets. By making a booking with us, you are providing your consent to this. To opt out please email us at [email protected] and provide the following information in your email: your name, course booked and the date of booking.

4.1.6 You agree to maintain strict client confidentiality and to practise coaching in a responsible way. We subscribe to the Code of Ethics laid out by the International Coach Federation. As a student of coaching with us you agree to uphold these ethics. The Code of Ethics can be found within your online learning resources.

4.2 Digital content and online courses

4.2.1 Courses booked will be available to view/download for a period of 12 months after we confirm receipt of your order and can be accessed immediately thereafter (unless stated otherwise within the description on the website).

4.2.2 You must not allow any third party to use your account information to access the digital content or course that you have booked.

4.2.3 You may only print off any course materials for your own personal use. You must not provide, offer to sell, license or transfer the course materials (whether in whole or in part in any manner or form or in or on any media) to any other person unless we have agreed to this in writing.

4.2.4 You are solely responsible for securing and backing up your content.

4.3 For all courses, events and content, please refer to Appendix 1 – Terms of Use.

5. Your rights to make changes

If you wish to make a change to a booking, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the booking, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, please see Clause 8 - Your rights to end the contract).

6. Our rights to make changes

6.1 We may make changes:

(a) to reflect changes in relevant laws and regulatory requirements. This includes, but is not limited, to any changes we are required to make due to external changes (for example, data protection legislation or those required by other third-party bodies).

(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services; and

(c) to make slight changes to start/end times of courses.

(d) to change those providing, speaking or appearing at any event.

6.2 More significant changes and these terms. In addition, we may make changes:

6.2.1 to the date of a course, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received; and/or

6.2.2 to reflect changes in qualification requirements and/or our services where changes made pursuant to clause 6.1 (a) impact how and when those services are provided.

6.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you booked.

6.4 We reserve the right to substitute the software we use for our online courses at any time. However we will give you sufficient advance notice of any such change.

7. Providing the Services

7.1 The date of when courses will be available are as set out on the website.

7.2 We are not responsible for delays outside our control. If our supply of our services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any booking you have paid for but not received.

7.3 Reasons we may suspend the supply of services to you. We may have to suspend the supply of our services to:

(a) deal with technical problems or make minor technical changes.

(b) update the services to reflect changes in relevant laws and regulatory requirements.

(c) make changes to the services as notified by us to you (see Clause 6).

8. Your rights to end the contract

8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have booked.

(a) If what you have booked is misdescribed you may have a legal right to end the contract (or to request a service to be re-performed or to get some or all of your money back), see Clause 11.

(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2.

(c) If you have just changed your mind about the product, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.

(d) In all other cases (if we are not at fault and there is no right to change your mind), see Clauses 8.4 and 8.6.

8.2 If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

(a) we have told you about an upcoming change to the booking or these terms which you do not agree to (see Clause 6.2).

(b) we have told you about an error in the price or description of the booking, and you do not wish to proceed.

(c) there is a risk that supply of our services may be significantly delayed because of events outside our control; or

(d) we have suspended supply of our services, or notify you we are going to suspend them, in each case for a period of more than 1 month.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).

8.3.1 When purchasing digital content online, you have a legal right to change your mind within 14 days and receive a refund, but the cancellation rights do not apply after you have started to download or stream the digital content. You have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when booking, you will not have a right to change your mind.

8.3.2 Subject to Clause 8.3.3, when booking a course, you have 14 days after the day we email you to confirm we accept your booking, to cancel the booking and obtain a full refund. You can still cancel a booking after that time but you will not be entitled to a refund. However, you may transfer your booking to another date where possible (see clause 8.4)

8.3.3 If the course is to take place within 14 days of the date of your booking, this means that you are giving us specific consent to provide the course within the normal cancellation period. By continuing with the booking, you understand and accept that, if you then cancel the booking the right to a refund will be lost.

8.4 Transferring a booking.

8.4.1 You may transfer a booking to the same course to an alternative date provided you notify us in writing up to 30 days before the start date of the booking, subject to availability. Where we agree to transfer a booking, a new booking must be made within 6 months of the date we inform you that the booking can be transferred.

8.4.2 Please note that our courses book up very quickly so transfers are managed at our discretion and your first choice may not always be available. However, we will use our best endeavours to offer alternative options.

8.4.3 Where a request to transfer a booking is made within the 30-day period stipulated, there will be no fee payable by you. Any requests to transfer with notice of less than 30 days are subject to our sole discretion and you will be subject to an administration charge of 10% of the course booking fee (plus VAT) and must be paid to us prior to the start of the new booking date.

8.4.4 We will only agree to transfer a course where we have confirmed this in writing to you.

8.5 Where we agree to transfer or postpone the whole or part of a course, we will discuss with you whether this will have an effect on the original price paid. Where there has been no increase in price between the date you originally agreed the pricing plan and the date of proposed postponement, then we will not charge you any additional fee. Where there has been a price increase between the date you originally agreed the pricing plan and the date of the proposed postponement, we will ask you to pay the difference in price.

8.6 Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the Services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract. For most events, this will, in most cases, amount to 100% of the price paid.

9. How to end the contract with us (including if you have changed your mind)

9.1 To end the contract with us, please let us know by phoning or emailing us as provided for in Clause 2.2.

9.2 Where a refund is due to you, we will pay you by the method you used for payment within 14 days.

10. Our rights to end the contract

10.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:

(a) you do not make any payment to us when it is due, and you still do not make payment within 5 days of us reminding you that payment is due.

(b) you breach any of these terms and conditions.

(c) You breach your requirements of attendance at courses.

10.2 If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3 We may withdraw our Services. We may write to you to let you know that we are going to stop providing the Services. We will let you know at least 10 working days in advance of our stopping the Services and will refund any sums you have paid in advance for Services which will not be provided.

11. If there is a problem

11.1 How to tell us about problems. If you have any questions or complaints please let us know by phoning or emailing us as provided for in Clause 2.2.

11.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. This means that (i) if your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality; and (ii) if your product is services, the Consumer Rights Act 2015 says it must be carried out with reasonable care and skill. Nothing in these terms will affect your legal rights.

12. Price and payment

12.1 The price of the course (which includes VAT) will be the price indicated on the booking pages when you submitted your booking. We take all reasonable care to ensure that the price advised to you is correct. However please see Clause

12.3 for what happens if we discover an error in the price of the product you order.

12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, we make a mistake with the price. If we have overcharged you at the time of booking, we will refund you the difference. Where we have undercharged you, we will contact you for your instructions before we accept your booking. If we accept and process your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may still end the contract, refund you any sums you have paid and have no further legal obligation to you.

12.4 When you must pay and how you must pay. All courses must be paid for prior to the start date of the course unless otherwise by us. Methods of payment are as stated on the website.

13 Limit of Liability

13.1 Whether you are a consumer or a business user:

(a) We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

(b) Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply.

13.2 If you are a business user:

(a) We exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.

(b) We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of or inability to use our website or use of or reliance on any content displayed on our website.

(c) In particular, we will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage.

13.3 If you are a consumer user:

(a) Where you are a consumer (i.e. not acting within the course of a business, trade or profession, then you agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

(b) If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

14. How we may use your personal information

14.1 We will use the personal information you provide to us as more particularly set out in our privacy policy at https://academy.rawhorizons.co.uk/privacy-policy/

(a) to supply our Services.

(b) to process your payment; and

(c) if you agreed to this during the booking process, to give you information about similar services or products that we provide, but you may stop receiving this at any time by contacting us.

15. Other important terms

15.1 Special offers and discounts. Any special offers or discounts on the website can be withdrawn at any time, without notice. Discounts for group bookings can only be given when all those being booked are attending the same course.

15.2 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within 10 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

15.3 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. For the avoidance of doubt, this also means that any courses booked can only be attended by the person named on the booking.

15.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services we can still require you to make the payment at a later date.

15.7 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.

15.8 Alternative dispute resolution. Alternative dispute resolution (ADR) is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an ADR provider however, as we are not members of an ADR, we shall, at our sole discretion, have the right as to whether to accept or reject your nominated ADR. In addition, please note that, as long as the UK is part of the EEU, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

APPENDIX 1 - TERMS OF USE

Website user policy

Our website user policy below sets out the permitted uses and prohibited uses of our website. When using our website, you must comply with this policy.

We may update and change our website from time to time to reflect changes to our services, our users’ needs and our business priorities.

We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal where you have paid for online content.

You are also responsible for ensuring that all persons who access our website through your internet connection are aware of this policy and other applicable terms and conditions, and that they comply with them.

All courses, events, content and the timing thereof will be as set out in the description on our website. We may, at our absolute discretion refuse a request to attend the course, make changes to the course time or date, withdraw the course.

How you may use material on our website

We are the owner or the licensee of all intellectual property rights in our website, and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.

You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this website

The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.

Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.

We are not responsible for websites we link to

Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those websites or resources.

User-generated content Is not approved by us

This website may include information and materials uploaded by other users of the website, including member profiles, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our website do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us.

Uploading content to our website

Whenever you make use of a feature that allows you to upload content to our website or to make contact with other users of our website, you must comply with the content standards set out in these terms of use.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our website a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in these terms of use.

Rights you are giving us to use material you upload

When you upload or post content to our website, you grant us full rights to use, re-post and deal with all such content provided we deal with it in a fair and reasonable way.

Rules about linking to our website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our website in any website that is not owned by you.

Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in these terms of use.

Use of our trademarks

You are not permitted to use any of our trademarks, whether they are registered or not, without our approval, unless they are part of material you are using as permitted under ‘How you may use material on our website’.

Prohibited uses

You may use our website only for lawful purposes. You may not use our website in any way that breaches any applicable local, national or international law or regulation or in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

To advertise any services that are illegal, immoral or offensive, hazardous, restricted or regulated or for the purpose of harming or attempting to harm minors in any way.

You also agree not to reproduce, duplicate copy or re-sell any part of our website.

Interactive services

We may from time to time provide interactive services on our website, including, without limitation chat rooms and bulletin boards.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services is not permitted for minors. All users of our website must be over the age of 18.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our website (contributions), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

Contain any material which is defamatory of any person, contain any material which is obscene, offensive, hateful or inflammatory, promote sexually explicit material or violence.

Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age nor infringe any copyright, database right or trademark of any other person.

Be likely to deceive any person.

Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

Promote any illegal activity.

Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

Be likely to harass, upset, embarrass alarm or annoy any other person.

Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

Give the impression that they emanate from Raw Horizons Ltd if this is not the case.

Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of these terms of use through your use of our website. When a breach of these terms of use has occurred we may take such action as we deem appropriate.

Failure to comply with these terms of use constitutes a material breach of the terms of use upon which you are permitted to use our website, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our website.

Immediate, temporary or permanent removal of any posting or material uploaded by you to our website.

Issue of a warning to you.

Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

Further legal action against you.

Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these terms of use. The responses described in these terms of use are not limited and we may take any other action we reasonably deem appropriate.

Changes

We may revise these terms of use at any time. You should check these terms of use from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our website.