Making a booking on the Whatever Life Throws website involves creating a legally binding contract, the “Agreement”, between you, and anyone on whose behalf you are booking, and us. These terms and conditions aim to help you clearly understand this Agreement and are here to protect both you and us and to help to avoid any disappointment and possible disagreement should things not go to plan.
This Agreement has two parties: (1) the person who makes the booking and enters into the Agreement and all Guests made under the same booking, this is you, and is therefore referred to throughout the Agreement as “you” or “your”, and (2) our company, Whatever Life Throws Limited, whose registered address is Hillview Business Centre, 2 Leybourne Avenue, Bournemouth, Dorset, BH10 6HF and registered number is 3382674. Whatever Life Throws will also be referred to in this Agreement as the “Company”, “we”, and “us”. You also need to understand that if you are making a booking with us on behalf of one or more other people (Guests) you confirm that you are authorised to agree to these terms and conditions on behalf of each Guest so as to bind all of you and so that each of you shall be jointly and severally liable for your obligations under this Agreement, including payment of all fees due.
We provide our courses, events and services to you subject to this Agreement so, as with all binding contracts, you should read through it carefully before making a booking. We may from time to time make changes to the terms and conditions of this Agreement, but the latest version will always appear on this page. If you continue to use our website or services after changes have been made, you will be considered to have accepted the changes to the Agreement between us. These terms and conditions shall apply to all bookings made through our website, in person or by phone.
Just to be clear we would first like to define the specific meanings we give to some of the words we use in this document:
1.1 "Agreement" means these Terms and Conditions together with the terms of any applicable Specification Document;
1.2 "Specification Document" means a statement of work, quotation or other similar document describing the goods and services to be provided by Whatever Life Throws or our subcontractors together with any modified terms and conditions;
1.3 "Customer" means the organisation or person who purchases goods and services from Whatever Life Throws;
1.4 "Delegate" means the person who attends an Event and/or purchases goods and services from Whatever Life Throws;
1.5 "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how, manuals and all other forms of intellectual property wherever in the world enforceable;
1.6 "Event’ means any event or facility offered on the website or through other promotional material, including without limitation classes, events, courses, training, coaching, therapy, residential courses, weekends, sessions and hiring of trainers;
1.7 “Coaching” means any one to one event or facility offered on the website or through other promotional material, including without limitation coaching, NLP, Therapy, personalised training or instruction and hiring of trainers;
1.8 "Partner Providers" means an organisation or individual legally separate from Whatever Life Throws who promote Events or Coaching through the Whatever Life Throws website.
2. PRICE AND PAYMENT
2.1Our prices may vary from time to time and we occasionally offer specific discounts. We are not liable to refund any fee differences that may arise due to delegates booking at different times, in different ways, discounts or by using voucher codes etc.
2.2 In the event of money not being paid upfront any invoiced amounts shall be due and payable within 30 days of receipt of invoice. Whatever Life Throws is entitled to charge interest on overdue invoices from the date when payment becomes due at the rate of 1% per annum above the base rate of the Bank of England.
2.3 Should a purchase order be required for payment of the invoice, it is the delegate's responsibility to ensure that Whatever Life Throws have the full details and agreed purchase order before the products or services are supplied.
2.4 Attendance for Events will only be secured when full payment has been received or you have accepted any payment plan (all payment plans must be agreed in writing by Whatever Life Throws).
3.5 Full payment for all programmes must be received prior to programme starting unless a payment plan has been arranged and agreed and set up with Whatever Life Throws. Furthermore we reserve the right to refuse you admission to, or participation in, an Event or Coaching where full payment has not been received prior to commencement or a valid payment plan agreed, in such cases any costs incurred by the company will remain payable.
3.1 Cancellation of Events by you
In the event that you need to cancel a booking for an Event the following cancellation policy shall apply:
- For cancellations made by you for an Event with more than 45 days notice (before the scheduled start date), we will offer you a full refund (less 3% processing fee), the chance to switch dates where available, or a 100% credit note against other Whatever Life Throws courses (excluding courses run by Partner Providers). Alternatively, we can arrange for a name change if you are unable to attend for any reason
- For cancellations made by you more for an Event with between 44 days and 21 days notice (before your course is due to start), you’re entitled to a 50% refund, the chance to switch dates where available, or a 100% credit against other Whatever Life Throws courses (excluding courses run by Partner Providers). Alternatively, we can arrange for a name change if you are unable to attend for any reason
- For cancellations made by you with less than 21 days notice (before the date your course is due to start), no refund or credit note will be permitted. However, we will be pleased to make name changes up to 24 hours before course commencement.
If you do need to cancel or make changes to your booking please email us at email@example.com
, (obviously we must receive your email in advance of any cut off dates in order to process any refund or transfer).
3.2 Cancellation Policy for Coaching and Therapy Sessions
Because our coaches and practitioners are busy people we will need at least two days notice to cancel or reschedule a personal coaching or therapy session. If you do need to cancel or reschedule your session please email your coach directly and cc firstname.lastname@example.org
. Unfortunately if you cancel or need to transfer with less than two working days’ notice, you will not receive a refund except, at our discretion, in exceptional circumstances.
3.3 Events and Coaching run by Partner Providers
Bookings made through the Whatever Life Throws website, or other means, for Events and/or Coaching run by Partner Providers shall be subject to the terms of this agreement, however any additional terms and conditions shall be provided in a Specification Document after booking which may supersede the terms and conditions here in. In this situation you shall have a period of five days from date stamp of the Specification Document to cancel your booking or transfer to a Whatever Life Throws run programme. You shall be deemed to have accepted any changes to terms and conditions unless you send an email stating the contrary to email@example.com
in which case our standard terms and conditions will stand until we reach a mutual agreement.
4. DELIVERY AND PROGRAMME INFORMATION
4.1 The times of delivery specified by Whatever Life Throws are an estimate only. Time for delivery shall not be of the essence of the agreement and we shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay or overrun in the delivery of the programme
4.2 We may sometimes film, photograph or otherwise record our Events. Please note that your consent to being filmed or recorded as an attendee is a condition of this agreement. Whatever Life Throws reserves the right to use this material for marketing or sale without seeking your permission. The photographs and recordings may be made available to the public via the website or by other means.
4.3 If you have any reason to not be happy with any part of a Whatever Life Throws Event please email firstname.lastname@example.org
4.4 We will do everything we can to avoid cancelling or changing the dates of our courses, coaching sessions or events and will only do this in exceptional circumstances. However please note that we may from time to time need to cancel or postpone events and that this can happen at any time before it is scheduled to begin. If we do need to cancel you will be offered a full refund on your ticket money, or the chance to move to an alternative date or event, but we won’t be able to compensate you for any other expenses you’ve incurred in connection with the event (including, but not restricted, to train tickets, childcare and hotel costs). We will try to notify you of cancellations, but we can’t guarantee this, especially when an Event is cancelled at short notice. Please make sure we have up to date email and mobile phone contact details by logging into whateverlifethrows.com to give us a better chance of reaching you in time.
4.5 We do our best to ensure that each course on the Whatever Life Throws website has a named trainer or trainers assigned. This is to help you make informed decisions about which course best meets your individual needs. However, please note that from time to time it may be necessary for us to substitute a trainer or trainers in order to avoid cancelling an event – for instance (but not exclusively) in the event of sickness, family challenges, travel problems, scheduling conflicts or delegate numbers. We pride ourselves on being a team of highly experienced and qualified instructors and practitioners and therefore will do our best to ensure that, if a substitution is necessary, the trainer you receive is of an appropriate quality and standard. We will try to notify you in advance of any changes to the trainers assigned to a programme you are attending, but we can’t guarantee this, especially when such a substitution is necessary at short notice. The name of your trainer does not form part of this agreement and therefore no refund or transfer is available, other than that available under our normal cancellation policy, in the event of a change to the training team assigned to your Event.
4.6 All programmes are as advertised via the Whatever Life Throws website and additional marketing materials; we do reserve the right to upgrade the programme venue, use more appropriate trainers and amend the programme in any way to enhance your learning. For the avoidance of doubt no description, specification or illustration contained in any product pamphlet or other sales or marketing literature of Whatever Life Throws and no representation written or oral, correspondence or statement shall form part of the agreement.
4.7 Should Whatever Life Throws change the programme venue, you will receive written confirmation with sufficient notice. We are not liable for any additional travel and accommodation costs the delegate may incur should the programme dates or venue be altered.
4.8 Some courses available on the Whatever Life Throws website and through our other marketing materials are run and operated by Partner Providers. Such Events whilst endorsed by Whatever Life Throws are legally separate and the terms and conditions of the Partner Provider will apply. Whatever Life Throws shall not be liable in any way for damages or costs which may arise from booking an Event with a Partner Provider.
4.9 We want everyone to get the most from a Whatever Life Throws Event and therefore we reserve the right to refuse you and/or any Guest admission or ask you and/or any Guest to leave if we think you and/or they are behaving in a disruptive way or in a way that violates the venue’s rules, or in a way that is likely to cause damage, nuisance, offence or injury. Just to be clear, this kind of behaviour includes using mobile phones after being asked to turn them off, or using recording or photographic equipment without authorisation and being or appearing under the influence of drugs or alcohol. We will not issue any refund in this event.
4.10 By entering into this Agreement you agree, to ensure that you and all Guest(s) attending an Event under a booking made by you comply with all health and safety, licensing, and other rules and regulations of the venue or applicable to the venue. It is your responsibility to familiarise yourself and all Guest(s) with any rules and regulations that apply. You also agree not to bring in any illegal or hazardous items.
4.11 You also agree to comply with any reasonable request by the Whatever Life Throws team supervising the Event or the staff at the venue (for example, without limitation, requests relating to health and safety, consumption of food and beverages or levels of noise).
4.12 All materials provided to you by us or by our staff or speakers, associates, or by Partner Providers and any intellectual property belonging to or associated with our company and/or services, including any website, trade mark or trade name, logo, software, text and graphics are the sole property of the Company or our speakers or associates or Partner Providers, and you agree that you will not infringe any such rights in any way. You can make a copy of materials provided for your own personal use, but no other use of them is authorised.
5. ALTERATIONS TO THE SPECIFICATION DOCUMENT
4.1 The parties may at any time mutually agree upon and execute new Specification Documents. Any alterations in the scope of the programmes to be provided under this Agreement shall be set out in the Specification Document, which shall reflect the changed goods and/or services and price and any other terms agreed between the parties.
6. LIMITATION OF LIABILITY
6.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of Whatever Life Throws to you in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by you to which the claim relates.
6.2 In no event shall Whatever Life Throws be liable to you the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.
6.3 Nothing in these Terms and Conditions shall exclude or limit Whatever Life Throws liability for death or personal injury resulting from Whatever Life Throws negligence or that of its employees, agents or sub-contractors.
6.4 You attend and participate in Events at your own risk. We accept no responsibility for any of the following:
- in respect of any person prevented from entering a venue, or asked to leave due to their conduct;
- costs or expenses whatsoever or howsoever arising out of or in connection with any Event
- loss or damage to personal property
- personal injury, except as set out above. Liability is specifically excluded in respect of any dietary, health or other special requirement of which we were not informed at the time of booking or in a subsequent Specification Document
- loss of data, profit, revenue, use, business, anticipated savings, goodwill, reputation or opportunity, financial or economic loss or any indirect or consequential loss or damage.
6.5 Force Majeure: We will not be liable for any breach of this Agreement which is a result of circumstances beyond our reasonable control, including but not limited to strike, lock-out, labour dispute, acts of God, acts of terrorism, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, insolvency or bankruptcy of either party or any third party, fire, flood, snow, volcanic activity and storm, exceptional weather conditions, difficulty or increased cost in obtaining workers, goods or transport and other circumstances affecting the supply of goods or services.
6.6 Rights of Third Parties: A person who is not a party to this Agreement has no rights to rely upon or enforce any term of this Agreement. This does not affect any right or remedy of a third party which exists or is available outside of the Contracts (Rights of Third Parties) Act 1999.
6.7 Assignment: You may not transfer, assign or otherwise dispose of your interest in this Agreement without our prior written consent.
6.8 Severability: If any provision in this Agreement is deemed to be illegal, unenforceable or invalid for any reason, it shall be deemed to have been struck out and the remaining provisions shall survive and continue to be binding and enforceable.
6.9 No waiver: Any failure by us to enforce any provision of this Agreement at any time shall not be construed as a waiver of such provision and shall not affect our right to enforce such provision.
6.10 Jurisdiction: The construction, validity and performance of this Agreement shall be governed by the law of England and Wales, and both parties submit to the exclusive jurisdiction of the English Courts.
Any notice to be given by either party to the other may be served by email, Personal service, courier or by post to the address of the other party given in the Specification Document or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
8.1 We try to ensure that the website operates correctly and runs smoothly. However, we don’t accept any responsibility or liability to you if this website becomes temporarily unavailable due to technical issues, or issues beyond our control. We do not guarantee that this website will be compatible with all or any hardware and software which you may use.
8. 2 All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to Whatever Life Throws, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms & Conditions, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Whatever Life Throws prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Content, and Whatever Life Throws reserves all rights not expressly granted hereunder. Whatever Life Throws expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
8.3 Keeping the information on this website accurate and up-to-date is one of our highest priorities. However, while we try to ensure that it is accurate, reliable, timely and complete, we do not accept liability for any inaccurate, unreliable, untimely or incomplete information contained therein, or for any reliance placed upon it by you.
9. REGISTRATION; CUSTOMER ACCOUNTS; USE OF SITE
Certain services offered on or through the Site require you to first open an Account. You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your account. You agree to notify Whatever Life Throws immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Whatever Life Throws or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your account information by logging in and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
You also agree that Whatever Life Throws may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of these Terms & Conditions, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Whatever Life Throws will not be liable to you or to any third party for termination of your access to the Site.
10. CONSENT TO COLLECTION, USE & DISCLOSURE OF YOUR PERSONAL INFORMATION
While Whatever Life Throws takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL WHATEVER LIFE THROWS BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER NET EXPOSURE, INC WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
11. CONSENT TO OUR COMMUNICATION WITH YOU BY E-MAIL
By establishing an Account with us, and each time you make a purchase through our Site, you grant permission for Whatever Life Throws to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at email@example.com
12. PURCHASES FROM THE WHATEVER LIFE THROWS SHOP
12.1 No order will be deemed to constitute a contract of sale irrespective of the manner of its transmission to Whatever Life Throws until the Goods are despatched by us.
12.2 All prices displayed include VAT. The price payable shall be that displayed at the time of ordering.
12.3 Whatever Life Throws shall not be held liable for any losses, expenses or consequential loss incurred by the Customer or any other person or company however arising whether directly or indirectly out of a failure to meet an estimated delivery date.
12.4 Payment by cash, cheque or credit card is due at the time of order for goods. Goods will not be shipped without cleared payment. Goods remain the property of Whatever Life Throws until fully paid for.
12.5 Products sold by Whatever Life Throws are guaranteed against defects in material and workmanship for a period of one year. Please note we cannot accept responsibility for damage resulting from misuse.
12.6 Notification of damage of wrongly shipped goods or incompletely shipped goods must be made within 14 days of delivery. Any claim made outside of 14 days will not be accepted.
The Customer will be liable for the cost of remedying damage to returned goods where such damage has in our opinion been caused by the goods being inadequately packaged by the Customer. Whatever Life Throws failure to insist upon strict adherence to any of the terms and conditions with this contract shall not be deemed a waiver of its rights within these terms and conditions.
12.7 The contracts from the sales of goods by Whatever Life Throws shall be subject to and governed by English law. Liability of Whatever Life Throws shall in no circumstance exceed the original value of the price charged for the goods. Whatever Life Throws cannot accept liability for injury or negative consequence of using the products it sells.
12.8 By placing an order with Whatever Life Throws you are agreeing to be bound by our terms and conditions. This does not affect your statutory rights as a customer.
13.1 Should you wish to make a complaint about any of the products and services from Whatever Life Throws, please send this to:
Whatever Life Throws Limited
Unit 2014, 85 Stepney Way
London, E3 4RL
You can also contact us via email at firstname.lastname@example.org
, marking this for the attention of Andy Cartmell.