GAMES LEADERSHIP ACADEMY
These terms and conditions of booking are between you as the person booking onto our courses or sessions (or, if you are booking on behalf of an organisation, the organisation itself) and Games Leadership Academy Limited, a company registered in England and Wales with company number 14832057 and having its registered office address at Rivers Lodge, West Common, Harpenden, Hertfordshire, England, AL5 2JD. Our VAT number is 445557864
Information about bookings, our courses and sessions
You can find everything you need to know about us, Games Leadership Academy, and our courses, coaching sessions and other services on our website before you order. We confirm the summary of what you are booking prior to checkout and you can amend or add to your booking before confirming your order. The total cost of the services you are taking from us will be confirmed to you before you confirm your booking.
When you book with us, you will receive an account with Thinkific, the online platform through which we deliver our courses.
These terms and conditions apply to the booking made by you for the provision of courses, coaching sessions and other services we may make available to you. They apply to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
All materials that are accessible through our website or through Thinkific are our copyright. They are for personal consumption only, by those individuals who have been booked on to a course. They are not to be used in any public manner nor are they to be made available to third parties.
If you are an individual, you must be 18 years or above to make a booking.
We don't give business customers all the same rights as “consumer” customers
You are a business customer if you are booking for or through an organisation (including but not limited to a company, partnership or limited liability partnership) and booking any members of staff onto a course or coaching sessions. If you are an individual and are, for example, a sole trader and are booking in connection with your business, trade or profession, you are still classed as a business customer. If, however, you are booking personally and outside of your business, craft, trade or profession and you are looking to self-develop, you will be a “consumer” and won’t be classed as a business customer.
Business customers can't cancel their orders, they have different rights where there is a problem with a service and we don't compensate them in the same way for losses caused by us.
Where a term applies just to businesses or just to consumers, this is clearly stated.
If you are a business customer this is our entire agreement with you
If you are a business customer these terms constitute the entire agreement between us in relation to your booking. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
We accept bookings after we've checked them
We will contact you to confirm we've received your booking and then we will contact you again to confirm that we've accepted it.
We require payment when you book
We do require payment in advance of making a course or sessions available to you. However, where you may be booking 5 or more people onto a course or sessions, we will contact you separately and, to assist you, we will set up the details. In that case, we reserve the right to charge an administration fee to cover the time spent in setting up the booking and recording the details involved.
If you wish to add courses or coaching during the period in which you are undertaking a course or courses, you will be able to do so through your Thinkific account and accessing your dashboard where you can add further courses or elements of services we offer from time to time. These terms and conditions will apply to any further courses or coaching that you may so add.
Our rights with regard to late payment
We shall not grant access to any courses or sessions or other aspect of our services until we have received payment in full. Where we agree to anything other than payment at the time of booking (which will be at our sole discretion), we require payment within 7 days of any invoice. If we have applied any discount in respect of any booking, that discount shall only be available where payment is made on time. If payment is late, the full figure without the discount shall be required.
If we do not receive payment in full when expected, we will charge interest on the overdue amount at the rate of 3.5% 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 judgement. You pay us the interest together with any overdue amount.
If a CPD certificate is available, we shall only provide the certificate after we have been paid in full.
We're not responsible for issues outside our control
If our supply of our content or sessions is delayed or prevented by an event outside our control, such as (but not limited to) servers being unavailable or internet connectivity issues arising, we are not liable and shall not be required to compensate you for any delay. We shall be allowed a reasonable time after the conclusion of the problem to enable access to our services once again.
If you are a consumer, you have a legal right to change your mind, subject to certain timescales and conditions
Where you book as a consumer, you have a legal right to change your mind about your booking and receive a refund of what you paid for it. This is, however, subject to some conditions, as set out below.
When you can't change your mind. You can't change your mind about an order for:
digital content, after you have started to download or stream these. We will be making content available to you within the 14 day period referred to below and so, given that the courses are pre-recorded content that is supplied digitally, if you start the course during that 14 day period the right to cancel a course and obtain a refund will be lost once you access the materials;
services, once these have been completed;
The deadline for changing your mind. As a consumer, if you change your mind about a booking and the ability to cancel is still open to you, you must let us know no later than 14 days after the day we confirm we have accepted your booking but, as stated, please note that where you have downloaded or streamed content, you can’t change your mind once we have started providing it.
How to let us know. To let us know you want to change your mind, contact us via email at info@gamesleadership.com with the subject line as “Cancellation Request” giving full details of the courses booked. We are able to monitor course progress and so we will be able to assess whether any content has been downloaded and what progress is made. Whilst we may use our discretion as to any refund, the above sets out our obligations.
You have to pay for coaching sessions or group sessions you accessed or received before you change your mind. If you have taken part in any coaching sessions or group sessions and you wish to cancel during the 14 days period, we will not refund you for the time you were receiving such sessions before you told us you'd changed your mind. If the sessions have been fully delivered within the 14 days, we are not obliged to provide any refund.
When and how we refund you. Where a refund is agreed, we will refund you as soon as possible and within 14 days of you telling us you've changed your mind. We will refund you by the method you used for payment.
Code of Conduct for live sessions, coaching (whether group or 1 to 1) and live webinars
All our clients are entitled to a safe, inclusive and productive environment. For this reason, and as drop in sessions, group coaching and some webinars are live and interactive, we must set out here the rules which we expect you to follow in all interactions through our sessions and services.
You must:
be respectful to our representative and also to any other clients you interact with during our sessions and not use language which could cause upset including vulgar, racist or sexually offensive language, swear words, slang or phrases that target specific groups or people;
not engage in any activity which could be seen as threatening, harassing, abusive, exploitative, trolling, bullying or intentionally try to detract from others’ experience of the sessions;
should not discuss topics which could be seen as inappropriate and outside the topic of the forum, nor any topics that could be illegal.
If we consider that any of the above is taking place, we reserve the right to carry out any of the following: to disable your access to the session, suspend your access to further sessions or terminate the services being delivered to you and without any need to refund you for any sums paid.
We can change content and these terms
We can always change the content of a course and these terms:
to reflect changes in relevant laws and regulatory requirements;
to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of our services; and
to update digital content, provided that the content substantially matches the description of it that we provided to you before you bought it.
If we consider that any update to the content of a course or any other digital content made available will render the remainder of the course or content substantially different from that at the time of booking, we'll notify you and, if you so wish, you can then contact us to end the contract before the change takes effect and receive a refund for any portion of the course or coaching sessions that you have already paid for but have not received
We can suspend supply of content or coaching or drop in sessions
We may do this to:
deal with technical problems or make minor technical changes;
update the content to reflect changes in relevant laws and regulatory requirements; or
make changes to the content generally.
We can withdraw course content or withdraw other services
We can stop providing any element of our courses or services. We will let you know at least three months in advance and we will refund any sums you've paid in advance for content which won't be provided.
We can end our contract with you
We can end our contract with you for providing course content or coaching sessions and claim any compensation due to us if:
you don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due;
you don't, within a reasonable time of us asking for it, provide us with information or any cooperation that we need to set up or provide the courses or sessions;
We don't compensate you for all losses caused by us or our services
Our liability to consumers. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
Unexpected. This is if it was not obvious that it would happen and nothing you said to us before we accepted your booking meant we should have expected it (so, in the law, the loss was unforeseeable).
Caused by a delaying event outside our control, so long as we have taken the steps set out in the section above titled “We’re not responsible for delays outside our control”.
Avoidable, if, for example, it was something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following any installation instructions or having the minimum system requirements advised by us.
A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in “Our liability to businesses” below.
Our liability to businesses. If you're a business, then, except in respect of the losses described in “Losses we never limit or exclude” below:
we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the booking under which the loss arose.
Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:
death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation;
any matter in respect of which it would be unlawful for us to exclude or restrict liability.
We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Policy.
Disputes
We hope that we can resolve any disputes by discussion between us. These terms are governed by English law.
If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland, Northern Ireland or elsewhere, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in.
If you are a business in the United Kingdom, you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.
If you are a business outside of the United Kingdom, any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Rules of the London Court for International Arbitration, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of England.
Other important terms apply to our contract
If you are a business customer you have no set-off rights
If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
We can transfer our contract with you, so that a different organisation is responsible for supplying the services we supply. We'll tell you in writing if this happens and if you are a consumer we'll ensure that the transfer won't affect your rights under the contract.
You can only transfer your contract with us to someone else if we agree to this. If you're a consumer we may not agree, for example, in connection with coaching sessions given that it is a personal relationship that is created in relation to the coaching sessions and issues discussed. If you're a business you need our agreement to transfer your contract with us and it's entirely up to us whether we give it.
Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.