Terms of Business

1. Introduction

The main and all sub-sites through www.thinktransformation.org (“site”) is owned and operated by Think Transformation Ltd, a Private Limited Company registered in England and Wales under company number 13262406 and with our registered office 1B Blackfriars House Parsonage, Manchester, Greater Manchester M3 2JA and VAT number 376 0756 72.

Please read these terms and conditions carefully before placing an order. By purchasing services and/or products on this site or any of our sub-sites, you (the “client” or “consumer”) agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions, please do not purchase services or products from our site and/or sub-sites.

These Terms should be read in conjunction with our Website Terms of Use, Privacy Policy and Acceptable Use Policy (all of which can be found on our website www.thinktransformation.org.

These Terms and Conditions are for the delivery of services to consumers. You warrant that you are a consumer and not a business. (Our business-to-business services are delivered on different terms as set out on their client specific contracts and/or additional specification documents.)

Nothing contained within these Terms and Conditions will constitute the relationship of employer and employee between You and Think Transformation Ltd, nor will it constitute any partnership or other legal arrangement between us not contemplated by these Terms and Conditions.

2. Changes to terms

We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.

Please check these terms and conditions periodically for changes.

Your continued use of this site and purchase of services or products on this site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.

If the revised terms apply to any existing provision of services, we will notify you of the changes.

3. Privacy policy

Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy.

4. Age restriction

You shall not purchase any services or products from our site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract.

5. Acceptance of order

5.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email (Email Confirmation) or when we contact you to tell you that we are able to provide the services or products to you. We are not bound by the order unless we accept it in writing.

5.2  If there is any conflict between these Terms and any term of the order, the order will take priority.

6. Entire agreement

These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

7. Representations

7.1 You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.

7.2  You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.

7.3  Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

8. Provision of services

8.1 We will supply the services to you from the date set out in the order OR the date agreed between us in writing until the estimated completion date set out in the order.

8.2 We will make every effort to complete the services on time. However, there may be delays due to an Event Outside Our Control. See clause 15 below for our responsibilities when an Event Outside Our Control happens.

8.3 We will need certain information from you that is necessary for us to provide the services, for example, participant questionnaires, medical/psychological history forms, health declaration related to COVID-19 for services delivered in person, additional participant agreements depending on the service provided. We will contact you in writing about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra work that is required or we may suspend the services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the services under this clause 8.3, you do not have to pay for the services while they are suspended, but this does not affect your obligation to pay any invoices we have already sent you.

8.4 We may have to suspend the services if we have to deal with technical problems, or to make improvements agreed between you and us in writing to the services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the services while they are suspended under this clause 8.4 but this does not affect your obligation to pay for any invoices we have already sent you.

8.5 If you do not pay us for the services when you are supposed to, we may suspend the services with immediate effect until you have paid us the outstanding amounts (except where you validly dispute an invoice). We will contact you to tell you this. This does not affect our right to charge you interest.

8.6 If we design a product for you or supply a product to you as part of the services (such as a report, a CD, a DVD, an e-book or any other form of digital content or any other type of product whatsoever), we will own the copyright, design right and all other intellectual property rights in such product and any drafts, drawings or illustrations we make in connection with the product for you.

9. If there is a problem with the services

9.1 In the unlikely event that there is any defect with the services:

a) please contact us and tell us as soon as reasonably possible;

b) please give us a reasonable opportunity to repair or fix any defect; and

c) we will use every effort to repair or fix the defect within 15 working days.

9.2  As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

10. Your right to cancel

10.1 Before we begin to provide the services, as a consumer, you have the following rights to cancel our services.

a) you have the right to cancel this agreement within 14 days of the date of entering this agreement (which is the date of purchase as set out on our written acceptance and confirmation to you) by completing and submitting the cancellation form located at the end of this document.  To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this agreement, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this Contract; and

b) notwithstanding paragraph 10.1(a) above, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in such paragraph and you acknowledge that you will lose your cancellation rights in relation to such digital content; and

c) in relation to the provision of any additional services under this Contract:

(i) you hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed; and

(ii) if you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.

d) However, where you have cancelled an order because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us.

10.2 If the Contract is of an indefinite duration, once we have begun to provide the services to you, you may cancel the contract for services with immediate effect by giving us written notice if:

a) we break this contract in any material way and we do not correct or fix the situation within 28 days of you asking us to in writing;

b) we go into liquidation or a receiver or an administrator is appointed over our assets;

c) we change these Terms under to your material disadvantage;

d) we are affected by an Event Outside Our Control (Force Majeure).

11. Digital products and services

11.1 In relation to digital content not on a tangible medium, you may cancel the contract at any time up to 14 days after the day on which the contract is entered into (which is the date of purchase as set out on our written acceptance and confirmation to you).

11.2 Notwithstanding clause 11.1, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in clause 11.1 and you acknowledge that you will lose your cancellation rights.

11.3 If we have completed providing the services, you have no right to cancel, even if this is within 14 days of our acceptance and email confirmation of your purchase.

12. Our rights to cancel and applicable refund

12.1 We may have to cancel an order before the start date for the services due to an Event Outside Our Control or the unavailability of key personnel or key materials without which we cannot provide the services or the products. If this happens:

a) we will promptly contact you to let you know;

b) if you have made any payment in advance for services or products that have not been provided to you, we will refund these amounts to you;

c) where we have already started work on your order for services, we will not charge you anything and you will not have to make any payment to us.

12.2 Once we have begun to provide the services to you, we may cancel the contract for the services at any time by providing you with at least 30 calendar days' notice in writing. If you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.

12.3 We may cancel the contract for services at any time with immediate effect by giving you written notice if:

a) you do not pay us when you are supposed to. This does not affect our right to charge you interest on late payment; or

b) you break the contract in any other material way and you do not correct or fix the situation within 7 days of us asking you to in writing.

13. Price and payment

13.1 Prices of the services and products are specified on our site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.

13.2 Our prices are inclusive of VAT. However, if there is a change in the rate of VAT between the date of the order and the date of delivery or performance, the rate of VAT that you pay will be adjusted, unless you have already paid full purchase price prior to the change in the rate of VAT takes effect.

13.3 Despite our best efforts, there may be incorrect prices on some of the services or products. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the services or products to you at the lower price that was incorrect.

13.4 Payment for services is to be made in advance by Stripe or PayPal, which offer global credit or debit card payment options including Visa, Mastercard, Maestro, American Express, Carte Bancaire, Diners Club and Discover except where agreed otherwise in writing between us.

13.5 If you are paying instalments online through Stripe, PayPal or a similar online payment method, you agree that we can take such further instalments automatically when due and without any further consent from you.

13.6 You are responsible for the completion of all payment plans associated with the products and services you purchase. If you opted for a payment plan and you do not request a cancellation within the period of 14 days of your original purchase (subject to the relevant clauses under section 10.1 above), you are required by law to complete the remaining payments of your payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.

13.7 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

13.8 All refunds are discretionary as determined by Think Transformation Ltd – order specific terms will also apply depending on the programme purchased. If you have any questions, please contact us at [email protected]

13.9 As mentioned above, all refunds are discretionary. If you just downloaded the training material (PDFs, audios, videos, additional workbooks, and/or etc.), and then promptly asked for a refund, we reserve the right to deny your refund request. The point of the policy is to enable people to try the process with commitment to their own success and not to enable people to misuse our content and material.

13.10 We are not liable to refund fee differences that may arise due to participants booking at different times and/or applying discounts for example.

14. Limitation of liability

14.1 We are responsible for loss or damage you suffer that is a foreseeable result of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

14.2 Services and products supplied by us are for non-commercial purposes only. You shall not use the services or products for any business or re-sale, commercial purpose. We are not liable to you for any loss of business, loss of profit, loss of business opportunity, or business interruption.

14.3 Exceptions to Limitation of Liability

Our liability does not exclude or limit in any way:

(a)  fraud or fraudulent misrepresentation;

(b)  death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

(c)  in any other circumstances where liability may not be so limited under any applicable law.

15. Circumstances beyond our control - force majeure

15.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.

15.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.

15.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:

15.4 you will be notified as soon as reasonably possible; and

15.5 the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control.

15.6 If Circumstances Beyond Our Control occur and you do not wish us to provide the services, you may cancel the contract in accordance with clause 10. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 4 weeks in accordance with our cancellation rights.

16. Notice

16.1 Any notice to us should be in writing and sent to us by e-mail, by hand, or by pre-paid post to Think Transformation Ltd at 1B Blackfriars House Parsonage, Manchester, Greater Manchester M3 2JA, or via e-mail to [email protected]

16.2  Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the Order.

17. Confidentiality

17.1 Think Transformation Ltd. respects Clients' privacy and insists that the Client respects ours and other Participants in our programs as well. Thus, consider this a mutual non-disclosure Agreement. Any confidential information shared by Think Transformation Ltd, Participants or any representative of Think Transformation Ltd is confidential, proprietary, and belongs solely and exclusively to the Client or representative who discloses it. Parties agree not to disclose, reveal, or make use of any confidential information or any transactions during discussions, in the forum or otherwise.

17.2  You, as the Client, agree not to use such confidential information in any manner other than in discussion with other Clients, or Tímea Katalin Marton, or Jonathon Martin Wills during the respective program. Confidential information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.

17.3 Both Parties will keep private information in strictest confidence and shall use their best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss, and theft.

17.4  You, as the Client, agrees not to violate the Publicity or Privacy Rights belonging to Think Transformation Ltd. Furthermore, you will NOT reveal any information to a third party obtained in connection with this Agreement or our direct or indirect dealings with you, including but not limited to, names, email addresses, third-party company titles or positions, phone numbers, or postal addresses. Additionally, you will not, at any time, either directly or indirectly, disclose confidential information to any third party.

17.5 By purchasing our products and services, you agree that if you violate or display any likelihood of violating this Agreement, Think Transformation Ltd and/or the other programme participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

18. Client responsibility

18.1 Products and services developed by Think Transformation Ltd are for strictly personal development and/or educational and training purposes ONLY. You accept and agree that you are 100% responsible for your progress and results from products and services developed by Think Transformation Ltd.

18.2 Think Transformation Ltd makes no representations, warranties, or guarantees verbally or in writing.

18.3 You, as the Client, understand that because of the nature of products and services developed by Think Transformation Ltd and their extent, the results experienced by each Client may significantly vary. You acknowledge that, as with any such endeavour, there is no guarantee that you will reach your goals as a result of participation in products and services developed by Think Transformation Ltd.

18.4 Think Transformation Ltd programs and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Think Transformation Ltd assumes no responsibility for errors or omissions that may appear in any program materials.

19. Indemnification

19.1 You, as the Client, shall defend, indemnify, and hold harmless Think Transformation Ltd (the “Company”), Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement.

19.2 You, as the Client, recognize and agree that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of your payment for the right to participate in Think Transformation Ltd programs, the undersigned, your heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Think Transformation Ltd and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the programs are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from your participation in the programs.

19.3 Nothing in this clause 19 will limit or exclude any liability that may not be limited or excluded by applicable law.

20. Copyright notice

20.1 We are the owner of all intellectual property rights in these works and they are protected by copyright laws and treaties around the world. We grant to you a worldwide, non-exclusive, royalty-free, revocable licence to view these works on a computer or mobile device via a web browser, to copy and store these works in your web browser cache memory and to print pages from this website for your own personal and non-commercial use. You may not reproduce in any format (including on another website) any part of these works without our prior written consent.

20.2 Other than the above in clause 20.1, we do not grant you any other rights in relation to these works and all other rights are reserved. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public any of these works (in any form or media) without our prior written permission.  If you print off, reproduce, copy or download any part of our site in breach of this notice, your right to use these works will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

20.3 No unauthorised use of the Think Transformation logo is permitted at any time.

20.4 We take the protection of our copyright very seriously. If we discover that you have breached the terms of the above licence, we may bring legal proceedings against you and seek monetary damages and/or an injunction to stop you using our materials. You could also be ordered to pay our legal costs.

21. Release and disclaimer

21.1 You agree that you are participating in the chosen programs delivered by Think Transformation Ltd at your own risk and that we shall not be liable under any circumstances for any matter arising out of your participation (other than for matters for which we are not legally able to exclude or limit liability such as death or personal injury caused by our negligence or fraudulent misrepresentation).

21.2 Due to the nature of coaching and the variety of our programs within the field of education, training and personal development, we do not guarantee any particular result. We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.

21.3 Nothing in this disclaimer will limit or exclude any liability that may not be limited or excluded by applicable law.

22. Medical disclaimer

22.1 Any information or guidance, coaching, mentoring, training, consulting and/or facilitation we provide is not a substitute for the consultation, diagnosis, and/or medical treatment of your doctor or healthcare provider.

22.2 You must not rely on any information or guidance we provide you with as an alternative to medical advice from your doctor or healthcare provide and we expressly disclaim all responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered by you or any third party as a result of your reliance on any information or guidance we provide you with.

22.3 If you have any specific questions or concerns about any medical matter, you should consult your doctor or healthcare provider as soon as possible.

22.4 If you think you may be suffering from any medical condition, you should seek immediate medical attention from your healthcare provider. Do not delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information or guidance we provide you with.

22.5 Nothing in this disclaimer will limit or exclude any liability that may not be limited or excluded by applicable law.

23. Termination

23.1 Either of us may terminate the Contract if the other is in material breach of any of these Terms.

23.2 We may terminate the Contract immediately (without any liability to provide any refund to you) if we reasonably feel that you are not participating fully in the group sessions, that you are disrupting the group sessions or for any other reason where we reasonably feel that your presence is adversely impacting on the group sessions.

23.3 On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under the Contract.

23.4 Termination of the Contract shall not affect any rights, remedies, obligations and liabilities of either of us as at the date of termination, including the right to claim in respect of any breach of the Contract which existed at or before the date of termination.

23.5 Clauses which expressly or by implication have effect after termination shall continue in full force and effect after the date of termination of the Contract, including the following clauses: clause 14 (Limitation of liability), clause 17 (Confidentiality), clause 19 (Indemnification), clause 20 (Copyright notice), clause 21 (Release and disclaimer) clause 22 (Medical disclaimer), this clause 23 (Termination), clause 24 (Video release agreement) and clause 26 (Governing law and jurisdiction).

24. Video release agreement

24.1 All Think Transformation Ltd workshops and programmes are recorded via audio and occasionally video. Think Transformation Ltd will also record workshops and exerts from certified programmes (scheduled to start in the first half of 2023 and then beyond). Think Transformation Ltd reserves the right to use this material for marketing without seeking the participants’ permission.

24.2 Think Transformation Ltd does not allow the private recording or videoing of a workshops or programmes without prior consent. Any person found recording on a programme or workshop will be asked to delete footage immediately.

24.3 You hereby grant and authorize Think Transformation Ltd the right to take, edit, alter, copy, exhibit, publish, distribute and make use of any and all audio and/or video taken of you to be used in and/or for any lawful purpose.

24.4 This authorization extends to all languages, media, formats and markets now known or later discovered.

24.5 This authorization shall continue indefinitely, unless you otherwise revoke this authorization in writing.

24.6 You waive the right to inspect or approve any finished product in which your likeness appears.

24.7 You agree to this release without being compensated. You waive any right to royalties or other compensation arising or related to the use of the audio and/or video.

24.8 You understand and agree that these materials shall become the property of Think Transformation Ltd and will not be returned.

24.9  You hereby hold harmless and release Think Transformation Ltd from all liability, petitions, and causes of action which you, your heirs, representative, executors, administrators, or any other persons may make while acting on your behalf or on behalf of your estate.

25. Miscellaneous

25.1 We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.

25.2  You cannot transfer your rights and obligations under these Terms to any another person without our written approval.

25.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.

25.4 Each paragraph of these Terms is separate and distinct from any another. If any court or relevant authority determines any of paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.

25.5 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.

26. Governing law and jurisdiction

26.1 English law governs these Terms and contract between you and us.

26.2 The Contract and any dispute or claim arising out of the Contract shall be governed by and construed in accordance with English law.

26.3 We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract.

27. Contact us

27.1 Should you wish to make a complaint about any of the products and services from Think Transformation Ltd, please send this to [email protected]

27.2 For any questions or queries you can contact by calling us on 07745 526641 or e-mail us at [email protected]

 

 

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