Terms & Conditions Under Which We Offer Our Courses

Empower Development Limited

Terms & Conditions Under Which We Offer Our Courses

(January 2024 Edition)

Definitions

  • Empower Development, We or Us means Empower Development Ltd, company number 11074441. Our registered office and main place of business is at 146 Langley Way, West Wickham, BR4 0DS.
  • Course or Courses means any online or in person training event or material for the purposes of professional development provided by Empower Development
  • Materials means Course materials in written and/or digital format and/or access to live, video and online materials.
  • Service or Services means the provision of a course and/or course materials or any other services provided by Empower Development.
  • Client means any person or organisation accessing or purchasing any Courses or Services from Empower Development either for themselves or for someone else.
  • Terms means the terms and conditions in this
  • Corporate Client or Corporate Clients means a business, company or other similar entity purchasing for one or more Student.
  • Staff means relevant members of staff, workers, contractors, agents or other representatives of a Corporate Client
  • Retail Client means an individual purchasing Services through us (even if through a limited company or other business vehicle)
  • Student means recipient of the Services or a student on a
  • You means you if you are a Retail If you are a Corporate Client, then as the context requires, it means either you or relevant Staff members or Students.
  • Website means https://empowerdevelopment.co.uk
  • Fees means the stated fees, expenses and VAT (if any) for the Services that you have
  • Force Majeure Event means any circumstance not within your or our respective reasonable control, including, without limitation: acts of God, flood, drought, earthquake, or other natural disaster; epidemic or pandemic; terrorist attack, civil war, civil commotion, or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; IT failures; staff shortages; nuclear, chemical, or biological contamination or sonic boom or any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary license or consent; any labour or trade dispute, strikes, industrial action or lockouts; non-performance by suppliers or subcontractors, Internet disruption and interruption or failure of utility service.

1. When these Terms apply

1.1. These Terms shall apply when you are purchasing as a Retail Client or when you are purchasing as a Corporate Client (purchasing for or via Staff). The Terms shall apply on the earliest occurrence of any of the following:

• signing up to any of our Courses on offer from time to time (each of which is referred to in these Terms as a ‘Course’ and together as the ‘Courses’); or
• receiving any of our Materials;
• receiving any other Course-related services or Materials;
• making payment to us;
• attending or viewing any of our classes.

Sampling courses, classes or materials before purchase does not count. In all the instances above you will be deemed to have read, understood, and agreed with these Terms, even if you have not read them.

1.2. You agree that these Terms will form part of any contract you enter into with us.

1.3. With Corporate Clients we are entitled to act upon, and place reliance upon, the representations, communications and actions of your relevant members of Staff, and to assume they have the authority from you to act as they do and make representations.

1.4. The Services will be supplied under a legally binding contract which will consist of these Terms (as amended from time to time) plus any terms and conditions of ours contained (or referred to) in any written agreement between us or confirmatory confirmation from us offering the Services to you.

2. Changes to these Terms

2.1. We reserve the right, at any time and at our sole discretion, to change, modify, add or remove any provisions of:

• these Terms
• what we offer by way of, and within, our Services; and/or
• our fees.

2.2. If you are still under a Contract with us at a time when we update the Terms, then the new Terms will apply to that existing Contract but not any Fee changes.

2.3. If we make significant changes to any Services that you have booked but not yet received, then you will be entitled to a full refund if the nature of the changes materially affects the purpose, delivery time or intended outcomes of the relevant Service(s).

2.4. You must periodically check our Website at https://empowerdevelopment.co.uk from time to time to check for any new version of the Terms.

3. Your terms and conditions (if any)

3.1. We require all our Students to be interacting with us on the same main Terms, except where we are required by law to make special provision (e.g. for disability). Accordingly, accommodating such special provision aside, we will not accept any terms and conditions (or variation to the Terms) proposed by you unless a senior member of our staff does expressly and in writing. There can be no deemed acceptance verbally, nor via social media or direct messaging services – and silence on our part can never be deemed consent.

3.2. In the event that any terms and conditions proposed by you are deemed to have legal effect then, to the extent that they contradict or may contradict anything in the Terms, then the Terms shall have priority.

4. Acceptance of enrolment requests

4.1. An application by you to enrol or otherwise purchase Services shall constitute an offer to purchase. We may at our sole discretion accept or decline to accept your offer and shall not be obliged to explain our reasons.

4.2. Our Courses are open access, but are designed for persons who can read, write and converse in English to a professional standard. Students whose level of English is not at a professional standard may struggle. It is your responsibility to ensure that you or your Staff have sufficient English language expertise to complete the relevant Course without additional assistance. Students always join at their own risk and we do not offer remedial support.

4.3. If you think your English skills may be insufficient but that is due to a disability then please contact us before applying to join. We will see what reasonable adaptations can be made to assist you before you commit to payment.

5. About us

5.1. We are Empower Development Ltd, company number 11074441. Our registered office and main place of business is at 146 Langley Way, West Wickham, BR4 0DS. We can also be contacted via email at: info@empowerdevelopment.co.uk, by phone on 0208 191 0920 or through our website at https://empowerdevelopment.co.uk/.

6. Courses may vary slightly from their description

6.1. Although we will take all reasonable steps to ensure that our Courses are delivered as advertised, you acknowledge that by the very intricacy of their natures, the Courses are potentially prone to last-minute change due to a wide variety of factors (e.g., to accommodate changes in legislation, regulation or accepted practice). Accordingly, a Course’s contents and/or delivery may change in both significant and non-significant ways from time to time.

6.2. We are not liable for changes under clause 6.1.

7. When and how the Services are provided

7.1. Our Courses are delivered in a mixture of formats (e.g., face to face and online). Some are available online on a 24/7 basis (reasonable maintenance time excluded), some are only available during specified times and some of our classes are scheduled on a customised basis for you. It is your responsibility to be available when teaching occurs, and we do not have any obligation to reschedule or re-run classes if you cannot attend.

7.2. All Service delivery times (e.g., scheduled class times) are subject to change at short or no notice. We will use reasonable endeavours to reschedule classes cancelled at short or no notice. We accept no liability for such rescheduling or cancellations.

7.3. We reserve the right at our sole discretion to deliver Services via face-to-face, online live-streaming, pre-recorded videos and through written materials. Usually, it is a mixture of various of these, but we reserve the right to decide what is most appropriate from time to time and so this may mean changes to previously stipulated delivery times and methods.

7.4. Some Services are delivered online. If you choose those Services then it is your responsibility to ensure that you have an adequate computer, internet connection, camera, speaker, and (if the session is interactive) microphone.

7.5. You acknowledge that the Services are being provided by a small number of expert individuals who may become ill, need vacations or have other pressing calls on their time which may at times limit their ability to provide the Services. For these reasons and otherwise, we retain the right at our sole discretion to deny or suspend access to any or all of the Services to anyone, at any time and for any reason, without liability or the requirement to provide reasons.

7.6. Where online Services are delivered via a secure video link (using Zoom or similar which is password protected), you must ensure that your video/camera set up is adequate to enable clear vision and audio of the instructor, and (in the case of an interactive session) that the instructor can see you clearly.

7.7. Classes generally, including Student interactions during classes, may be recorded by us for analysis, teaching purposes, administrative, archival or disciplinary reasons.

7.8. We may (but do not guarantee to) record any live sessions offered as part of the Services. If we do so, then we may (but do not guarantee to) post some or all of the recorded sessions in whole or part on our Website, online teaching platform (e.g. Teachable), and/or online video sharing platform (e.g. YouTube channel), and/or social media platforms (e.g. Instagram, Facebook etc.).

7.9. When using our Services you are required to follow our instructions at all times and failure to do so entitles us to cease to provide you with the Services (even if mid-delivery of a Service) with no refund.

7.10. We reserve the right at our sole discretion (or for any specific reason given elsewhere in these Terms) to refuse you admission or access to any class being offered as part of the Services at any time without giving a reason.

7.11. If you fail to attend a face-to-face class at the allotted start time, then we reserve the right to refuse entry to the relevant session should we (at our sole discretion) consider it too disruptive (or for some other reason inappropriate) to allow you late admission. There will be no refund in such circumstances.

8. Materials

8.1. Students will be provided with Materials when deemed appropriate, but this is a matter for our discretion.

8.2. We retain all rights of ownership in the Materials, including but not limited to copyright, registered and unregistered trademarks, and other intellectual property.

8.3. We are entitled to incorporate information, data, comments, and documents shared by you during a Course into our Materials, but only with your permission if private or confidential or personal in nature.

8.4. The Materials are supplied for your personal use exclusively with respect to the Course you are attending. Your Materials should not, without our informed prior written consent (and possible agreement of a fee):

8.4.1. be added to or otherwise incorporated into any corporate library or database; or

8.4.2. be copied; or

8.4.3. be recorded, downloaded, streamed, sold, copied, duplicated, rebranded, assimilated into other content, rented, leased, loaned, distributed, transferred, or sub-licensed, or otherwise allowing any third-party to use or have access for any purpose; or

8.4.4. be used in any way to create a derivative work.

8.5. You must not allow any third-party access to the Services via your account with us or by giving third parties your said account access details.

8.6. You must not remove from, alter or add to any copyright, trademark, patent, ownership, or other proprietary notices in the Services or any content in the Services, including Materials.

8.7. You must not distribute, publish, repost, Tweet, exhibit, stream, promote, host, copy, transmit, or otherwise use the Services or Materials in any manner and for any purpose not expressly permitted under these Terms.

8.8. Our supply of, and your access to, Materials is at all times dependent upon your having paid in full any Fees due.

8.9. Services may contain links to other websites or third-party services. We do not operate or control or regularly monitor, in any respect, or endorse the content found on any third-party websites or services. You assume sole responsibility for your use of third-party links, websites, products, and services.

9. The right to cancel

Your right to cancel

9.1. Clients purchasing as a Retail Client (as opposed to a Corporate Client) have 14 days from the date of purchase to change their mind and obtain a full refund of sums paid.

9.2. A refund under clause 9.1 shall not be given:

9.2.1. to Corporate Clients; or

9.2.2. to Retail Clients if you have started to use, download, or stream any of our Services (including Materials);

9.2.3. to Retail Clients if we have begun to deliver the Services purchased;

9.2.4. to Retail Clients if we send you sealed audio or video recordings, or sealed computer software and you have unsealed after you receive them.

9.3. If you cancel for any reason other than set out in clauses 9.1 or 9.5, the following charges apply:

9.3.1. If you cancel 29+ days before a Course begins, you must pay us 20% of the Course fee (plus VAT and any direct expenses incurred by us if applicable);

9.3.2. If you cancel 22-28 days before a Course begins, you must pay us 50% of the Course fee (plus VAT and any direct expenses incurred by us if applicable);

9.3.3. If you cancel 0-21 days before a Course begins, you must pay us 100% of the Course fee (plus VAT and any direct expenses incurred by us if applicable);

9.3.4. If you cancel after the Course has begun, then no refund is payable and any sums due or becoming due in respect of the Course are still payable (including VAT if applicable);

9.3.5. and any direct expenses already incurred by us or to be incurred by us and which we cannot reasonably avoid incurring.

9.4. If you are a Corporate Client, then the provisions of clause 9.3 apply on a Student by Student basis.

9.5. You may cancel contracted for Services due to a material breach of contract by us, which is not capable of prompt remedy (e.g., by rescheduling delivery or resupplying Materials) and which is serious enough to justify the cancellation, in such circumstances, we shall refund you provided you bring the matter to our attention without delay. For the avoidance of doubt, if, for example (and this example is for illustration purposes only and does not form part of the Terms), you are paying on a monthly basis then waiting until the end of the month to notify us of a defect at the beginning of the month will not be grounds for a refund of that month’s fees.
If you have contracted to take more than one Course, then your ability to cancel under this clause 9.5 is limited to only that Course or Courses which are directly affected by the material breach of contract and, in the case of Corporate Clients, those Students directly affected.

9.6. If you do cancel for any reason, then you need to return to us any Materials you have received within 14 days of the date cancelation was agreed. You also need to immediately delete any downloaded digital Materials. The exception to this is where you are being charged a cancellation fee. Upon payment of that fee, you will be entitled to keep the Materials received as at the date of cancellation. However, you will not receive further Materials, and your online access and authority to attend face-to-face classes shall be immediately revoked.

Our right to cancel

9.7. Subject to clauses 9.8 and 9.9, we reserve the general right to cancel any Course at any time without reason, and in such instances, you shall be offered (at our discretion) a place on the same Course or any replacement of it or the refund of the cancelled Course fees.

9.8. If we cancel any Services due to a material breach of contract by you, which is not capable of prompt remedy and which is serious enough to justify the cancellation, then you will not be entitled to any refund and shall still be required to pay the contracted-for amount even though you have cancelled the Services and thus ceased to be entitled to receive them from the date of termination.

9.9. If we cancel any Services because of a Force Majeure Event, then we will not be held responsible or liable for any Service cancellations or rescheduling, and no refunds will be due. For Corporate Clients, substitutions of an alternative participant can be made at no extra charge.

9.10. We may cancel or reschedule a Course or Courses at any time at our sole discretion. We shall use reasonable efforts to notify you of any changes to the Course(s) schedule at least 14 days in advance. If a Course is cancelled or rescheduled, you may be entitled to a refund or to transfer to another Course, subject to our sole discretion. In case of force majeure events, We have no liability for any cancellation or rescheduling.

10. Course contents and your reliance upon them

10.1. Our Courses and their content are as accurate and current as we can reasonably make them. However, in the fast-moving business and regulatory environment, we cannot guarantee the efficacy, effectiveness, completeness, or accuracy of Course content.

10.2. Taking and/or successfully completing our Courses does not entitle you to claim to be a qualified insurance practitioner. You agree not to rely on our Courses as proof of any form of expertise or professional qualification.

11. Course completion

11.1. The Courses are challenging, and so we do not guarantee that you will pass any Course even if you undertake the work and study recommended.

12. Course fees

12.1. Subject to the above-said 14 days cooling off period, we reserve the right to charge an otherwise non-refundable booking deposit from time to time.

12.2. Unless stipulated otherwise in information provided by us about a particular Course, payment must be made in full before the beginning of the Course.

12.3. In addition to the above-said Course fee, you are responsible for any additional charges, expenses, and disbursements that are incurred by you with us (or by us on your behalf) during the Course.

12.4. If you fail to pay us sums as they fall due, then regardless of reason, we have the right without further notice to charge interest on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after court judgment.

12.5. Unless expressly stated otherwise, all fees quoted by us are exclusive of any value-added tax (‘VAT’) or other sales tax that may be payable from time to time.

12.6. If the rate of VAT changes between your contracting with us and the date the contract ends, then we reserve the right to adjust the rate of VAT that you pay unless you have already paid in full before the change in the rate of VAT takes effect.

12.7. You agree to pay in Pounds Sterling, using a valid debit or credit card (or another form of payment which we may accept from time to time) or by bank transfer. Payment in other currencies must be agreed in writing by a senior member of our staff and is agreed at our discretion. Payment is deemed made when received by us, not sent by you.

13. Risk

13.1. Other than in respect of personal injury or death caused by our negligence or fraud on our part (in respect of liability, none of which can be limited), you acknowledge and agree that your use of the Services shall be at your sole risk and responsibility.

14. Conduct

14.1. Students shall at all times conduct themselves in a professional, courteous, and respectful manner towards us, other Students, and other persons involved in preparing and delivering the Courses and Services generally.

15. IT issues

15.1. We cannot always foresee or anticipate IT, internet, technical, or other Services delivery difficulties, which may result in failure to provide the Services or provide them to a satisfactory level. We do not assume any responsibility for the timeliness, accuracy, usability, non-delivery, or failure to supply Services as a result of such difficulties. In the event that they occur through no fault of yours (force majeure situations excluded), then our sole liability to you shall be to reschedule.

15.2. It is your responsibility to ensure that your equipment, internet connection, and other essential facilities are able to receive the Services properly. We do not offer IT support or consultancy services, and you should not rely on any commentary we make in such respect.

15.3. We make no guarantee that any particular Service will always be accessible.

15.4. While we make efforts to keep our data secure, we make no guarantee that our databases or Services will not be hacked, shut down, or damaged by malicious third parties. While we strive to keep our Services running, we cannot guarantee that our Service or any of them will not go down or become inaccessible. If it does/they do, then your sole remedy shall be the rescheduling of the Services.

16. DISCLAIMER OF LIABILITY

16.1. Other than in respect of loss resulting from death, personal injury, or fraud in respect of which our liability is unlimited, to the fullest extent permitted by law, in no event shall we or our employees and agents be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages, costs, or losses arising out of or relating to your use of the Services or any other interactions with us, even if we have been advised of the possibility of such damage. This limitation of liability applies whether the alleged liability is based on contract, negligence, recklessness, professional negligence, tort, strict liability, or any other basis or legal theory.

16.2. Such limitation of liability shall apply whether or not the damages arise directly or indirectly from:

• the use or misuse of, or reliance upon, the Services;
• the inability to use the Services for any reason, including, without limitation, from mistakes, omissions, interruptions, errors, defects, delays in operation, or any failure of performance not limited to acts of God, communication failure, theft, or destruction;
• the interruption, suspension, or termination of the Services.

16.3. Without limitation of the foregoing in clauses 16.1 and 16.2, our total liability together with that of our employees and agents for any reason whatsoever related to your use of the Services or any claims relating to any contracts shall not in aggregate exceed the amounts, if any, paid by you to us in respect of the Services in the calendar year to which your claim (if any) relates.

16.4. We make no representations that the Services are appropriate or available to access uninterrupted by you.

16.5. We shall not be liable to you for any claim arising out of any error, inaccuracy, or omission in any documentation/written or oral information supplied to you by us.

17. Privacy and data protection

17.1. We are deemed a data controller and, therefore, responsible for any of your personal data that we receive from you.

17.2. We may collect, use, store, and transfer different kinds of personal data about you as set out below.

17.3. You acknowledge that we need to collect various pieces of personal data. You consent to our contacting you, gathering, storing, and using this data to provide the appropriate Services to you.

17.4. We use different methods to collect data about you: for example, through our Website, by telephone, through you completing forms, via visual link over the Internet, and by email.

17.5. The data we collect about you is:

•Identity data.
•Contact data.
•Financial data.
•Transaction data.
•Technical data.
•Profile data.
•Usage data.
•Marketing and communications data.

17.6. We will only use your personal data for the purpose for which we collected it, namely to provide the Services and the following:

17.6.1. To register you as a new Student.

17.6.2. To process and deliver the Services you have purchased.

17.6.3. To understand your situation to enable us to supply appropriate Services.

17.6.4. To manage your relationship with us.

17.6.5. To enable you to participate in Services related activities.

17.6.6. To improve our Website, Services, marketing, or client relationships.

17.6.7. To recommend products or services that may be of interest to you.

17.6.8. When relevant, but always at our sole discretion, notify or confirm to relevant professional parties your successful completion of training with us that will count towards qualifications and certifications with those said bodies.

18. How we share your personal data

18.1. In addition to clause 17.6.8, we may share your personal data with our staff and contract teaching staff, and your identity may become known to other clients if you participate in any group activities.

19. No warranties

19.1. Other than statutory warranties (e.g., those relating to fitness for purpose and providing the Services as described), the Services are provided to you on an “as is” and “as available” basis, without warranty or representation of any kind.

19.2. To the fullest extent permitted by law, we expressly disclaim all other warranties, whether express, implied, statutory, or otherwise, and without limiting the foregoing, we do not warrant the accuracy, reliability, or completeness of any information provided by us in connection with your use of the Services, or that any particular Service or Course will meet your requirements or be available, uninterrupted, and error-free and secure.

19.3. No advice or information, whether oral or written, obtained by you from us or through or from the Services shall create any warranty not expressly stated in these Terms. We take no responsibility and assume no liability for any content that you or any third party submits, posts, or incorporates into a Service.

19.4. All Services or any Service may not always be available.

20. Interaction with other Students and confidentiality

20.1. You are solely responsible for all your interactions with other Students. We reserve the right, but have no obligation, to monitor any disputes between you and any other Students and to take such actions as we think appropriate regarding further delivery of/access to the Services to you
and/or them.

20.2. There may be times during the provision of the Services when other participants in a jointly delivered Service discuss matters of a private nature. You agree to treat such information as strictly confidential.

21. Severability

21.1. If any part of the Terms is deemed invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of your Contract(s) with us shall remain in full force and effect.

22. No Assignment or transfer or offering Services to anyone else

22.1. Our Services are provided to you personally. We are, therefore, under no obligation to supply them to or via any other person or, in the case of Corporate Clients, their nominated Staff.

22.2. You may not assign or transfer your contract with us or any rights or obligations under it without our prior written consent. Any such attempted assignment or transfer will be null and void, and we, in our sole discretion, shall have the right to immediately terminate the relevant contract without a refund.

22.3. You agree not to share any video link, password, or downloaded copy of a class or video or other Service with anyone else and to keep passwords secure.

23. Communications

23.1. You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on our Website or through the Service, mobile phone notification, text, and other social media messaging and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to your relevant contract with us.

24. Third-party rights

24.1. Unless expressly stated otherwise, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to any third parties to enforce any term of this Contract.

25. Governing law and jurisdiction

25.1. Your contract with us, and any disputes arising out of or in relation to them, shall be governed by the laws of England & Wales.

25.2. Any dispute with us or our employees or agents arising under or in relation to a Contract shall be resolved exclusively through the Courts of England.

26. END