Information About Me
Blue Octopus Learning and my website www.blueoctopuslearning.co.uk is owned and operated by me whose main trading address is 5 Wood Lane Close Sonning Common RG4 9SP.
i. Unless the context otherwise requires, each reference in this Agreement to:
a) “this Agreement” is a reference to this Agreement;
b) a “Clause” is a reference to a Clause of this Agreement; and
c) the Schedule is to the Schedule to this Agreement, and it will form part of this Agreement.
ii. The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
iii. Training and coaching are intended for access and use only by a person who is aged 18 or over, and only a person of that age can purchase sessions with me.
iv. These Terms and the schedule attached apply to business clients only. These Terms do not apply to individual consumers purchasing sessions for personal use (that is, not in connection with, or for use in, their business, craft, or profession).
v. Any instructions taken by a member of the company shall be deemed to be on behalf of the company as a whole and said member shall not be acting independently or personally. Any actions, representations, or commitments made by the member within the scope of their role or authority shall be binding on the company.
vi. Where you are a Limited Liability Company, we require Director(s)/Controlling Shareholder(s) to guarantee your liabilities to us or provide suitable security for payment. We reserve the right to suspend all work until satisfactory guarantees are provided.
vii. These Terms, as well as any and all contracts, are in the English language only.
viii. Words signifying the singular number shall include the plural and vice versa. And
ix. References to any gender shall include the other gender.
(A) These Terms & Conditions and any and all other documents referred to in these Terms set out the terms and conditions on which sessions, accessed via Zoom or in-person, are sold by me to you.
(B) Terms and information that is specific to accessing sessions of training and coaching using the Zoom cloud-based web conferencing (or an alternative system you may use) or in-person appointments are set out below and in the schedule.
(C) The location of in-person sessions shall be held at your office location or an external meeting room. If a session is booked for an external meeting room, please note that you shall bear the cost of this and we will invoice you for this accordingly. We do not carry out any training or sessions on residential premises.
(D) Please read these Terms (and schedule) carefully and ensure that you understand them before purchasing a session. If you have any queries about anything in these Terms or the schedule, please contact me to discuss. Before purchasing any session, you will be required to read, accept, and agree to comply with and be bound by these Terms & Conditions and the Schedule. If you do not, you will not be able to purchase a session and access training or coaching services with me.
1. A) Booking, Timing and Cancellation of Sessions
1.1 Any session schedule or date is contingent upon availability. I will inform you of any date or time that is available, but unless a solid booking is made as described below, I cannot guarantee or reserve that specific time or date slot.
1.2 When you wish to reserve a session or a block of sessions for a specific day or time, you are also making an offer to reserve that specific period. Any requested booking shall be subject to my approval. Your proposed booking will be accepted upon my confirmation, but it won't be considered confirmed until it is deemed a binding contract in accordance with clause 1.3 below.
1.3 If and when I accept (by phone, text message, email) your offer to book a particular session or series of sessions and you pay for it/them, there will be from the date of payment (but not any sooner) a binding contract between you and me for the session concerned, except as follows.
1.4 You may schedule an extra series of sessions while this Agreement is in effect. Before, after, or during the initial run of sessions, you can make the reservation. After reaching the end of the previous series, the additional series of sessions can start whenever you like (with or without a gap in between). The same method may be used to reserve one or more additional future series.
1.5 If you schedule any sessions and pay me in advance for them, I will be entitled to keep some or all of that money as stated in clauses 1.7 or 1.8 below if you later postpone or cancel those sessions without providing me with the prior notice that is required by this Agreement, as detailed in the paragraphs that follow of this clause 1.
1.6 If you log on/arrive the for any session later than its scheduled start time, or if, when I log on/arrive on time for a session, you are not ready to start the session, I will not extend the length of it beyond its scheduled finishing time unless I specifically agree to do so at the time when I or you log on/arrive.
1.7 I may treat a session that you have booked as cancelled by you without giving notice to me if you log on/arrive (or are not ready to start) more than 10 minutes after the scheduled start time of the session or you tell me at any time that you will be logging on/arrive more than 10 minutes after the scheduled start time, or you do not attend at all. If I treat the session as cancelled in any such case, I may then (but I am not obliged to) give your time/date slot for it to any other client wishing to book that time and date slot. I may decide to make a charge to you for that cancelled session, and clause 1.8 below will then apply.
1.8 You may for any reason cancel a session without charge if you give me at least 48 hours prior notice. In that event: either I will refund you the fee you paid in advance for that session or, if when you cancel you ask to rebook for a later substitute session on a date which falls within the 10 working days period after the date of the cancelled session and I am able to and in my reasonable discretion I decide to accept that requested substitute booking, I will instead keep the fee as payment for the substitute session.
If you do not give me at least 48 hours prior notice of cancellation, or if you do give such notice but there is no such rebooking, I will be entitled to charge you for any net financial loss that I suffer due to your cancellation, but that charge will be limited to the amount of the fee paid for that session. I will be entitled to deduct that charge for net financial loss from the fee you paid in advance for the session, and I shall refund any balance to you.
1.9 If, due to exceptional circumstances including, but not limited to, illness, accidents, and bereavement, you either miss or cancel a session, I will consider the circumstances and at my discretion decide whether to waive any charge for late cancellation that I am entitled to make under clause 1.8. If I agree to waive such a charge on one or more occasions, I will not be obliged to do so on any other occasion even if the circumstances are the same.
1.10 I may cancel a booked session at any time before its time/date slot in the following circumstances:
1.10.1 I am not available to provide that session for you on the date and at the time concerned.
1.10.2 An event described in clause 6 below occurs and continues for more than 2 months. Or
1.10.3 I find that you are not aged 18 or over.
If I cancel a session in such circumstances either I will refund you in full the payment that You have made to me for that session or, if when I cancel you ask to rebook for a later substitute session and in my discretion I decide to accept that requested substitute booking, I will instead keep the Fee as payment for the substitute session.
1.11 I will use all reasonable endeavours to start each session at its scheduled start time, but the start may be delayed by the overrun of a previous session or by other circumstances. If a delay to the start is at least 10 minutes, or, if at any time before or after you log on/arrive for a session, I notify you that there will be a delay of at least that time, You may cancel the session and I will refund you in full the fee paid for that session unless I agree to any request from you to rebook that session for another time/date in which case I will instead keep the fee as payment for the rebooked session.
1.12 I may immediately terminate a session if your conduct is in my reasonable opinion unacceptable, or if it amounts to your breach of this Agreement. You will not be entitled to any refund for a session started but not completed in such a case. If at that time further sessions booked and paid for have yet to be taken, I may cancel any or all of them at the time of terminating the session or within 48 hours after that termination, and in that case, I will refund you the fees for the remaining number of booked sessions in the series which I cancel.
B) Group Coaching & Training Bookings
1.13 Coaching and training sessions can be reserved in groups, and there is no limit on the number of attendees.
1.14 Although there is no restriction on the number of attendees, it is understood and agreed by you that the coach/trainer will not be held responsible or liable if any person(s) fail to attend.
1.15 You acknowledge and understand that there are no refunds or credits available for any group booking participants who fail to attend.
1.16 You will be responsible for ensuring that all attendees are aware of the scheduled session(s) and the importance of attendance.
1.17 In the event of any non-attendance by any attendee(s), the coach/trainer will nonetheless deliver the planned session(s) and provide the agreed-upon material and services to the remaining participants.
1.18 The coach/trainer maintains the right to modify the session(s) in order to accommodate the number of attendees present.
1.19 You understand and agree that regardless of the actual number of participants in the session(s), the charge for the group booking does not vary.
1.20 Any changes to the number of attendees must be communicated to the coach/trainer at least 24 hours prior to the scheduled session(s).
1.21 The coach/trainer shall not be liable for any losses, damages, or inconveniences resulting from non-attendance by any individual(s) within the group booking.
2. Psychometric Profiling
2.1 You agree that psychometric profiling may be used to support training and business coaching sessions as part of the services I offer.
2.2 I will use a reputable third-party provider's services to carry out the psychometric profile assessments. The third-party provider will carry out the tests and deliver the data and findings to me.
2.3 You understand and agree that the interpretation and analysis of the psychometric profiling results shall be performed exclusively by me, who shall deliver the findings and recommendations to you.
2.4 I shall exercise reasonable care and skill in interpreting the psychometric profiling results and providing accurate and insightful feedback to you. However, you acknowledge that psychometric profiling is subjective in nature and may not provide definitive or conclusive assessments.
2.5 You further accept that the findings of the psychometric profiling are offered solely for informative purposes and should not be used as the only foundation for coming to any significant conclusions or judgements regarding personnel, employment, or business strategies.
2.6 You acknowledge that the psychometric profile reports and data I offer are confidential. Such details are to be treated as confidential and may not be disclosed to any unauthorised third parties without my prior written authorisation.
2.7 I shall retain ownership of all intellectual property rights associated with the psychometric profiling materials, reports, and interpretations provided to you.
2.8 You acknowledge that I may disclose personal information throughout the psychometric profiling process and that I will treat that information in line with any applicable data protection and privacy laws.
2.9 In the event of any dispute or claim arising from or relating to the psychometric profiling services, you agree that my liability shall be limited to the fees paid by you for the specific psychometric profiling service in question.
3. Fees and Payment
3.1 You must pay the fees for all sessions as per your invoice.
3.2 I request a deposit of 25% to be paid 48 hours prior to your session.
3.3 Where I am required to travel for sessions there will be a 45p per mile added to your invoice.
3.4 You agree to pay all reasonable expenses on my producing a valid receipt or proof of purchase.
3.5 The amount of the standard fee is subject to change from time to time, but I will try to give you as much prior notice as possible of any such changes and in any event not less than 4 weeks’ notice. Any increase will only apply to bookings made after I notify you of the increase; it will not apply to any sessions previously booked and paid for.
3.6 Payments are accepted via Bank Transfer to the account shown on your invoice.
3.7 All prices of sessions set out in this Agreement or notified to you from time to time are exclusive of VAT.
4. Eligibility to Require Provision of Sessions under this Agreement
4.1 I will only make sessions available to you where you are aged 18 or over and your signature of this Agreement will be deemed to be your confirmation that you are aged 18 or over.
4.2 If at any time I find that you are not aged 18, I may without liability to you cancel this Agreement forthwith by giving you a cancellation notice and you will not then be entitled to require me to provide any further sessions to You. If at the time of such cancellation, you have paid for any sessions not yet due to be given, I will refund you the fees for those sessions.
5. Health and Safety and Professional References
5.1 In the interests of your well-being, you must inform me before you attend any session of any medical or other condition affecting you which might be or become relevant in relation to that session.
5.2 If you do not tell me before a session of anything referred to in clause 4.1 that I then discover, I may, acting reasonably, decide not to provide that or the remainder of that session or any other sessions booked and to treat any such sessions as cancelled by you without notice, in which case I may make a charge to you for that cancelled session (or part of it) and clause 1.8 above will then apply.
5.3 I will request that you complete the booking form sent to you prior to any sessions and it is your responsibility to ensure that I am kept updated on any changes.
6.1 You must not have any electronic device in a session except as I agree may be used in or after that session, e.g., a recording device used specifically to record a session or part of it.
6.2 If you do not comply with any of these requirements, I may cancel the session without liability for any refund or other amount.
7. Events Beyond My Reasonable Control
7.1 I will not be liable for any failure or delay in performing my obligations under this Agreement resulting from any cause beyond my reasonable control, including illness, lack of available facilities, non-performance by suppliers, any law or any action taken by a government or public authority, an act of God, or any other similar or dissimilar event or circumstance that is beyond my control.
7.2 If any event described under clause 4.1 occurs that is likely to adversely affect my performance of any obligations under the contract, I will try to inform you as soon as is reasonably possible, your obligations will be suspended and any time limits that I am bound by will be extended accordingly. I will inform you when that event is over and provide details of any new dates, times or availability of sessions as necessary. You may, without liability to me, cancel any session(s)which do not take place due to that event, and I will refund in full the fees that you have paid to me for the cancelled session(s).
8. Limitation of Liability
8.1 Subject to clause 8.3, I will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, any loss of business opportunity or loss of anticipated savings, or for any indirect or consequential loss arising out of or in connection with any contract between you and me.
8.2 Subject to clause 8.3, my total liability to you for all other losses arising out of or in connection with any contract between you and me, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be 50% of the total sums paid by you under the contract in question.
8.3 Nothing in these Terms seeks to limit or exclude my liability for death or personal injury caused by my negligence (including that of my employees, agents, or sub-contractors), for fraud or fraudulent misrepresentation, or for any other matter in respect of which liability cannot be excluded or restricted by law.
8.4 Whilst I will use my best endeavours to ensure that you make satisfactory progress, results will depend on various factors, including, without limitation, the number and frequency of sessions, whether or not you adequately attempt or complete any tasks that I ask you to carry out before or after a session, your aptitude, attitude, previous experience, and existing knowledge and skills. Satisfactory progress cannot be guaranteed, and I make no warranty or representation that any particular result will be brought about as a result of you taking part in any session(s).
9. Changes to the Terms and Conditions
I may from time to time change any terms and conditions of this Agreement without giving you notice, but I will use my reasonable endeavours to inform you as soon as is reasonably possible of any such change.
10. How I Use Your Personal Information (Data Protection)
I will only use your personal information as set out in my Privacy Notice available on my website www.blueoctopuslearning.co.uk.
I always welcome feedback from you and, whilst I always use all reasonable endeavours to ensure that your experience and your experience as my client is a positive one, I nevertheless want to hear from you if you have any cause for complaint. If you have any complaint about any session/s or any other complaint about me, please raise the matter with me via my email at firstname.lastname@example.org
12. No Waiver
No failure or delay by me or you in exercising any rights under this Agreement means that I or you have waived that right, and no waiver by me or you of a breach of any provision of this Agreement means that I or you will waive any subsequent breach of the same or any other provision.
If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
14. Law and Jurisdiction
14.1 These Terms and the relationship between you and me shall be governed by and construed in accordance with the law of England & Wales.
14.2 Any dispute, controversy, proceedings or claim between you and me relating to these Terms, or the relationship between you and me shall be subject to the jurisdiction of the courts of England and Wales.
Use of the Zoom web-conferencing platform to access sessions online
I offer the Content online as an alternative to in-person appointments.
I use technology which allows me to provide the sessions that you have and requires you to have the appropriate technology (see below) to receive the session. For this purpose, I use the Zoom cloud-based web conferencing platform (“Zoom”).
Where I make any session available for you by means of Zoom rather than any other platform, it will be on the following basis.
The technology that We will be responsible for providing
I will subscribe to Zoom and will pay any necessary fees to Zoom to maintain that subscription. It will enable me to act as a “host” and to provide the sessions to you over the internet via the Zoom facility.
To receive or participate in any of the sessions via Zoom, you will need to join an online session which is within the scope of your subscription. You will not need to pay any fee or charge to use the Zoom facility or join that session: You will only need to pay for the session made available by your package.
I do not provide any PC, laptop, tablet, mobile phone, or other hardware (“device”) or any Zoom App or other software for use on or with any devices, nor any internet connection or service or other equipment or facilities necessary to enable you to use Zoom.
The technology and other items that You will be responsible for providing
It will be your sole responsibility to ensure that you have access to, and familiarity with all necessary technology so that you can receive and participate in the session via Zoom.
You will need to ensure that you have access to and use the following non-exhaustive list of facilities for this purpose:
(a) An appropriate functioning device which is adequately charged;
(b) An up-to-date Zoom App where applicable. It will need to be downloaded to your device, and installed and working fully and correctly on your device so that you can receive the session;
(c) Stable, reliable, internet access with adequate speed;
(d) A safe location with a suitable quiet and comfortable environment in which to watch, listen, speak where appropriate, make notes, and otherwise participate as necessary, without the presence of any other person to distract you or me;
(e) Where the device on its own does not provide an adequate microphone and/or loudspeakers for the purpose of the session, external microphone and/or speakers as reasonably necessary; and
(f) Notebook, pen, and any books or materials that you will need.
Scope of what We make available to access
I do not, and cannot, assist you to obtain, setting up, maintaining, or operating any technology. If you need any assistance or advice about technology, you should seek it from an appropriate third party. I do not, and cannot, give you any advice about what technology is needed or how to use it.
I do not claim to have any expertise or skill in relation to any technology that you need or use for the purpose of receiving the session. However, I may, if you request it, either before or during any session, and without charge, offer suggestions in good faith to resolve any problem with that technology that you report, but it will not be in the nature of advice to you. We do not therefore take on any responsibility or accept any liability to you if any such suggestion does not help you to resolve any problem or if by following any such suggestion you experience any other problem, loss or damage to any technology.
I will not be responsible or liable to you if you are unable to access any of the sessions due to any failure or delay in performing my obligations under the contract resulting from any cause beyond my reasonable control. In any such case, you will remain liable to pay for the session that I have made available for you. Such causes beyond my reasonable control may include (but are not limited to):
(a) Where you are unable to resolve any technology problem (whether or not you have asked me for or I have offered any suggestions as to how to resolve the problem); or
(b) Any slow speed, instability, temporary or another breakdown, unavailability or inadequacy of, or defect in, your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that you use or rely on; or
(c) Failure of or defect in the Zoom platform used by me or you to make the content available to you.
Your privacy and security on each occasion when Zooms are accessed
All two-way synchronous live stream audio and/or video sessions that you access will be accessible as an individual private session to you only, and not accessible to any other client/s.
The following will apply to any two-way synchronous live stream audio and/or video session provided to you:
(a) There are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information;
(b) You understand and are aware that there is a risk that I may see and hear (via the video and/or audio facilities of the Zoom App and your device) not only you but also your space and its surroundings and other people in or near that space and its surroundings when you are participating in the session;
(c) The space that you use should be free of others;
(d) It should be difficult to see or hear via the Zoom App and your device any interactions between people who are in or near that space and its surroundings. For example, You might decide to use a private room and/or wear headphones;
(e) In any event, it will be your responsibility to ensure that you have a suitable space to use in order to protect your privacy and that of others in or near that space.
(f) We will not be liable to you for any loss or damage arising from your failure to accept or adhere to the above.