Terms for our Firework Training
These terms and conditions set out your legal rights and responsibilities, our legal rights and responsibilities and certain key information required by law. If you pay for a place on our Firework training, you agree to be legally bound by these terms and conditions.
Definitions and interpretation
1.1 In these Conditions the following definitions apply:
Business Day means a day other than a Saturday, Sunday or bank or public holiday when banks generally are open for non-automated business in London;
Conditions means our terms and conditions as set out in this document;
Contract means the agreement between us and you for the provision of, and purchase of attendance at, the Course, incorporating these Conditions;
Course means the Firework coaching training, as more particularly described on our Firework training web page (https://www.fireworkcoaching.com/training);
Initial Training means the initial training part of the Firework coaching training, normally conducted over three sessions, where you will interactively learn some of the most important tools that make up the Firework toolkit;
we, us means Careershifters Limited, a company registered in England and Wales with number 06319648;
and you means the person enrolled upon the Course.
1.2 In these Conditions, unless the context requires otherwise:
1.2.1 any clause headings in these Conditions are included for convenience only and shall have no effect on the interpretation of the Conditions;
1.2.2 a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns;
1.2.3 a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns;
1.2.4 words in the singular include the plural and vice versa;
1.2.5 any words that follow 'include', 'includes', 'including', ‘in particular’, or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;
1.2.6 a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form (including email); and
1.2.7 a reference to legislation is a reference to that legislation as amended, extended, re-enacted or consolidated from time to time, except to the extent that any such amendment, extension or re-enactment would increase or alter the liability of a party under the Contract, and includes all subordinate legislation made as at the date of the Contract under that legislation.
2 Application of these Conditions
2.1 These Conditions apply to and form part of the Contract between us and you. They supersede any previously issued terms and conditions of purchase or supply. No terms or conditions endorsed on, delivered with, or contained in your purchase conditions, order, confirmation of order or other document shall form part of the Contract.
2.2 No variation of these Conditions or to the Contract shall be binding unless expressly agreed in writing and signed on our behalf.
2.3 By confirming to us your participation in the Course you are requesting to attend the Course on the terms of these Conditions.
2.4 The Course is suitable for people who provide career coaching as a business only. By entering into this Contract you confirm that you are applying to attend the Course for the purposes of your business and not as a consumer.
2.5 Marketing and other promotional material relating to the Course are illustrative only and do not form part of the Contract.
3 Course Fee, Payment, Technology & Cancellation
3.1 The fee for participation in the Course shall be as set out on our Firework training web page (https://www.fireworkcoaching.com/training) at the time when you apply for the Course (Course Fee).
3.2 Unless otherwise specified in respect of a particular Course, the Course Fee is payable either:
3.2.1 with a one-off lump-sum payment, payable on confirmation of your place on the Course;
3.2.2 in instalments, with payments being due at certain times over a set period of time, as specified on our website and/or in our brochure and/or as notified to you by one of our team, with the first instalment being payable on confirmation of your place on the Course.
3.3 By choosing to pay the Course Fee in instalments in accordance with Clause 3.2.2, you agree that:
3.3.1 it is your responsibility to ensure that the instalment payments are made on the due dates;
3.3.2 we and/or our service providers are authorised to collect the instalment payments from the debit/credit card you used to pay for the first instalment, if a debit/credit was used, and when such instalments become due and payable;
3.3.3 you will inform us by email at [email protected] if you change your debit/credit card or if your debit/credit card expires or is no longer valid prior to your next instalment becoming due and payable;
3.3.4 any failure to make payment of an instalment when due and payable constitutes a breach of the Contract and:
3.3.4.1 unless otherwise agreed in writing by us, will result in you losing the right to pay by instalments and all outstanding instalment amounts will become immediately due and payable; and
3.3.4.2 without prejudice to any other rights it may have, we may suspend or cancel your access to the Course until the remaining instalment amounts are paid in full;
3.4 The option of paying the Course Fee in instalments is offered subject to availability. Acceptance of your offer to purchase the Course and pay the Course Fee by instalments is at our sole discretion. We may withdraw the option of paying the Course Fee in instalments at any time at our sole discretion. Any such withdrawal shall not affect customers who have already purchased the Course and are paying the Course Fee in instalments at the date of such withdrawal.
3.5 The total amount paid for any Online Course may differ depending on whether the Course Fee is paid for with a one-off lump sum payment or in instalments.
3.6 For online components of the Course, it is your responsibility to ensure that your technology is working to be able to take part. If you are unable to access the Course, we will use reasonable endeavours to provide a solution where we have direct control over the system, software or settings involved. If the issue lies with your hardware, systems, software or settings thereof, we may, at our discretion, provide assistance to you to help you resolve the issue but we cannot guarantee that any assistance provided will resolve your issue.
3.7 If you wish to cancel your place on the Course, you must tell us in writing. Depending upon how much notice you give, we may give you a refund as follows:
3.7.1 notice received 3 months or more before the start of the Course: we will give you a full refund of the Course Fee;
3.7.2 notice received less than 3 months before the start of the Course (or no notice given at all): no refund of the Course Fee.
4 Course details
4.1 How, where and when the Course takes place are set out on our Firework training web page (https://www.fireworkcoaching.com/training).
4.2 We do not warrant that the Course will be suitable for your particular needs; it is up to you to satisfy yourself that the Course is of an appropriate level and content to meet your needs.
4.3 You may only use what you learn on the Course to provide career coaching to your end user clients; the Course is not designed to teach you how to teach other career coaches, and must not be used by you for this purpose.
4.4 We shall ensure that the trainer(s) of the Course are suitably qualified and experienced to deliver the Course.
4.5 To qualify for the ICF Continuing Coach Education Units for the course, you must attend the full Initial Training.
4.6 Except as set out in these Conditions, we give no warranty and make no representation in relation to the Course and all warranties and conditions (including the conditions implied by ss 12–16 of the Supply of Goods and Services Act 1982), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
5 Materials and Methods
5.1 As part of the Course we shall provide you with certain materials (Materials). We will also use and refer to various methods of career coaching in the context of career change (Methods).
5.2 Ownership of the Materials and Methods, and all intellectual property rights in them, shall at all times remain with us (or, where stated, with John Lees). However we shall, upon receipt of payment in full of the Course Fee, for so long as you comply with the remaining provisions of this clause 5, grant to you a non-exclusive, non-transferable, non-sub-licensable right to copy and use the Materials and Methods to provide career coaching to your end user clients.
5.3 You may adapt the Materials for your own use and remove our logo. Materials you use that are from John Lees should be credited as such, as they are in your manual.
5.4 Subject to you completing the full Initial Training, and if you use our Materials and/or Methods as part of your business:
5.4.1 you may use the Firework licensed coach logo that we will provide to you on your website and other materials;
5.4.2 you shall credit us by placing a link to our Firework website (https://www.fireworkcoaching.com) on your website, on the page where you describe your services and/or where you describe yourself as a Firework licensed coach;
5.4.3 we will credit you as being a Firework licensed coach on the Firework website when you submit your profile information after the Initial Training.
5.5 You are not permitted to use the Materials and/or Methods to train others to be career coaches, nor are you permitted to pass copies of the Materials to anyone other than your own end user clients.
5.6 You must not use the Materials and/or Methods in any way which is defamatory, indecent or otherwise unlawful or which infringes the rights of any third party.
6 Limitation of liability – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
6.1 Neither party excludes or limits liability for:
6.1.1 death or personal injury caused by negligence;
6.1.2 fraud or fraudulent misrepresentation; or
6.1.3 any other liability that cannot be limited or excluded by law.
6.2 Without prejudice to clause 6.1, we shall not under any circumstances be liable to you whether in contract, tort (including negligence) for breach of statutory duty or otherwise, howsoever arising under or in connection with this Agreement in respect of:
6.2.1 any direct loss of profit (whether actual or anticipated);
6.2.2 any indirect, economic or consequential loss or damage including:
6.2.2.1 indirect loss of profit (whether actual or anticipated);
6.2.2.2 loss of contracts or revenue;
6.2.2.3 loss of use of money;
6.2.2.4 loss of goodwill or loss of or damage to reputation;
6.2.2.5 loss of business or business opportunity;
6.2.2.6 loss of operation time; and/or
6.2.2.7 wasted management time, whether or not such losses were reasonably foreseeable or if we had been advised of the possibility of such losses.
6.3 Without prejudice to clause 6.1 or 6.2, our total liability arising under or in connection with this Agreement, whether arising in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, shall in all circumstances be limited to an amount equal to the Course Fee.
6.4 You shall indemnify us against all loss, damages and costs incurred by us arising as a result of breach by you of clause 5 of these Conditions.
7 Course cancellation
7.1 We shall not be liable if we have to postpone or cancel the Course due to circumstances outside of our control, including if the Course trainer(s) is / are ill or otherwise unable to lead the Course, if we have insufficient attendees enrolled on the Course, or the venue for the Course suffers an act of God, such as fire or flood.
7.2 In such a case, we shall try to reschedule the Course for as soon as reasonably practicable.
8 Notices
8.1 Any notice given under these Conditions shall be in writing, sent to the party’s postal or email address provided from time to time by one of the following methods and deemed received on the corresponding time (all reference to time are to time in the United Kingdom): 8.1.1 by hand: on receipt of a signature at the time of delivery;
8.1.2 by Royal Mail first class or recorded post: at 9.00 am on the second Business Day after posting; or
8.1.3 by email (provided no delivery failure message is received): at 9.00 am on the Business Day after sending.
8.2 This clause 8 does not apply to notices given in legal proceedings or arbitration.
9 Miscellaneous
9.1 Our rights and remedies set out in the Contract are cumulative and not exclusive of any rights and remedies provided by law.
9.2 The parties agree that the Contract and any documents referred to in it or entered into pursuant to it, constitute the entire agreement between them and supersede all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.
9.3 Each party acknowledges that it has not entered into the Contract or any documents referred to in it or entered into pursuant to it, in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in such documents. No party shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the Contract.
9.4 You may not assign, subcontract or encumber any right or obligation under the Contract, in whole or in part, without our prior written consent.
9.5 You recognise that any breach or threatened breach of the Contract may cause us irreparable harm for which damages may not be an adequate remedy. Accordingly, in addition to any other remedies and damages available to us, you acknowledge and agree that we are entitled to the remedies of specific performance, injunction and other equitable relief without proof of special damages.
9.6 If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with such deletions or modifications as may be necessary to make the provision legal, valid and enforceable. The legality, validity and enforceability of any other provision of the Contract shall not be affected.
9.7 No failure, delay or omission by the Contract in exercising any right, power or remedy provided by law or under the Contract shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy. 9.8 No single or partial exercise of any right, power or remedy provided by law or under the Contract by us shall prevent any future exercise of it or the exercise of any other right, power or remedy by us.
9.9 A waiver of any term, provision, condition or breach of the Contract by us shall only be effective if given in writing and signed by us, and then only in the instance and for the purpose for which it is given.
9.10 A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Contract.
9.11 The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales, and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).
