Terms and conditions

The following terms and conditions (Terms) apply to the provision of our In-Person Courses and Digital Courses (as defined below). They should be read in combination with our Privacy Notice (https://www.crisp-cpd.com/privacy-policy).

We are KIPeople Consulting Limited t/a Crisp Professional Development (we, us, our) whose trading office is at 1017, Pynes Hill Business Centre, Maximus House, Pynes Hill, Exeter EX2 (registered UK company number 07900483).

Please read these Terms carefully before you Enrol on any of our Courses. These Terms tell you how we provide Courses, and what to do if there is a problem and other important information.

Please make sure that you read and understand Clause 9 of these Terms in particular, as this limits our liability to you.

If you have any questions relating to these Terms, please contact us at: 01392 409198.

1. Interpretation
   1. The following definitions and rules of interpretation apply to these Terms.
      Administration Fee: any fee that we incur or are liable to pay (whether on your behalf or otherwise) that we are unable to cancel or obtain a refund for in the event of any cancellation (by you or us), transfer or no-show in respect of a Course including bank charges, hotel, travel, Location fees and/or Course Facilitator fees (including their accommodation and/or travel);
      Attendee: the individual attending a Course for you;
      Attendee Terms: any specific terms, policies and/or guidelines provided by us (and/or our Location providers, Course Facilitators and/or Third Party Suppliers) to you and/or Attendees;
      Confidential Information: confidential or proprietary information generated, created, or owned by us however recorded (including Courses, Course Materials, drawings, samples, client and supplier lists, plans, models or methods, specifications, know how, commercial and financial data, and any information or analysis derived from the same) which we directly or indirectly identify as such, either orally or in writing, or is clearly confidential from the circumstances and nature of the disclosure;
      Courses: the Digital Courses and/or In-Person Courses, as applicable;
      Course Materials: the written and recorded materials, if any, supplied to you, to accompany the Courses (whether in electronic or physical format);
      Course Specification: the description or specification for each Course provided on each Course’s page on the Website, in our marketing literature, in any specific or bespoke specification we provide to you and/or in any specific FAQ’s to that Course;
      Course Facilitator: our representatives who deliver training, coaching and support to groups or individuals, as part of the Courses;
      Credits: the purchase of credits that can be offset against the future purchase of Courses;
      Deposit: any deposit paid by you to us in respect of a Course;
      Digital Course: a Virtual Course or On-Demand Course (as applicable);
      Enrol, Enrolment, Enrolling: enrolment onto one of our Courses, requiring payment in accordance with Clause 6, or a grant of access to our Courses by some other means at our sole discretion;
      In-House Course: any Course which is provided by us for a single organisation;
      In-Person Courses: any course which requires or involves the attendance in person at the agreed Location;
      IP Rights: all intellectual property including copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
      Location: the physical location for the provision of an In-Person Course;
      On-Demand Course: any online e-learning course which or pre-recorded and accessed via an electronic link or app;
      Open Course: any Course which is provided by us for individuals from difference organisations;
      Third Party Suppliers: any third party provider that assists us in the provision of a Course and/or supplies services in respect of the operation and/or delivery of a Course;
      Virtual Course: any online course delivered by us and our Course Facilitators remotely in real-time and accessed via an electronic link, app, or virtual conference system including Webex, Teams, Google Meet and/or Zoom;
      Website: crisp-cpd.com or such other Course booking site or facility as we may provide from time to time;
      you, your: applies to visitors to our Website, app or online point of access that may be made available by us to you and Attendees.
   2. A reference to a statute or statutory provision is a reference to it as amended or re-enacted and includes all subordinate legislation made under that statute or statutory provision.
   3. A reference to writing or written includes email but excludes fax.
   4. Words imparting the singular include the plural and vice versa and references to a gender include all other genders.
   5. Any words that follow include, including or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words
2. Your agreement to these Terms
   1. By using this Website, registering an account with us, or Enrolling on or using or attending our Courses, you agree that you have read, understood, and agree to be bound by these Terms.
   2. These Terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
   3. Additional terms for specific Courses may also apply to those Courses. These terms will be made clear to you when Enrolling on these Courses.
   4. We reserve the right to amend these Terms from time to time. We shall notify you of any changes made.
3. Our services
   1. We:
      1. shall supply our Courses to you materially in accordance with the relevant Course Specification and shall use our reasonable efforts to provide the Course with reasonable skill and care;
      2. reserve the right to amend any Course Specifications, and/or Location to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Courses. We will notify you as soon as reasonably possible of these amendments;
      3. have taken reasonable care in sourcing and presenting information during the Course but do not warrant that any content created by Course Facilitators or Third Party Suppliers, or content provided in the Course Materials or on our Courses, will be complete or error free. No responsibility is accepted for inaccuracies or mistakes in the information, or for any loss or damage that may result from its use;
      4. reserve the right to change a Course Facilitator at any time and/or to change any Course Materials including the content of any Course provided that it does not materially deviate from the Course Specification;
      5. reserve the right to change the Location and/or date of a Course. We shall use our reasonable endeavours to notify you of any such change as soon as reasonably practicable.
   2. Unless expressly stated, our Courses are not accredited by a regulatory body and do not serve as a recognised qualification.
   3. On-Demand Courses will, unless we otherwise agree, be available for access by you for a period of 1 year from the date of invoice by us.
   4. We aim to provide uninterrupted access to the Course and corresponding Course Materials. You acknowledge that occasionally technical difficulties may interrupt services. We will use our reasonable efforts to resolve any technical difficulties and to resume normal service as soon as is reasonably practical. We reserve the right to postpone or amend any Course to the extent that it is impacted by any technical issue.
4. IP Rights
   1. You acknowledge and accept that save as expressly set out in these Terms, you have no rights, title or interest in the Course and/or Course Materials.
   2. Subject to your compliance with these Terms, we grant you a revocable, non-exclusive, non-assignable, non-sub-licensable limited licence to access the Website, and (at our discretion and usually subject to the creation of an account and Enrolment without cancellation) the Courses and to use the Course Materials for your internal business use only.
   3. You expressly consent to us using any positive feedback given to us by you for the promotion of our Courses. You retain all your ownership rights in your content, but you grant us and other users of the Website and Courses a limited licence to use that content in any way we choose, and to make it available to third parties.
5. Your obligations
   1. You:
      1. confirm that you are aged 18 or over;
      2. agree to keep the Confidential Information confidential;
      3. agree that you shall not distribute, modify, alter all or any part of the Website, Courses, Course Specifications, or Course Materials in any form without our prior written consent;
      4. agree not to use the Website or Course Materials and Courses for any commercial use, or for the benefit of any other party;
      5. will not copy, reproduce, create derivative works of, distribute, transmit, sell, license, or otherwise exploit any content contained on the Website, Courses, Course Materials, or Course Specifications, or act in any way that would infringe our Intellectual Property Rights or Confidential Information – without our prior written consent. Nor will you procure, encourage, or assist anyone else in doing so;
      6. agree to use the Website and Courses in a way which does not infringe the rights of third parties (including the IP Rights or confidential information of third parties);
      7. agree to ensure that all Attendees (whether attending in person or online) comply with our reasonable instructions including the instructions of a Course Facilitator and that they comply with all Attendee Terms.
   2. If during your use of the Website or participation in the Courses, you generate content, you warrant that you have all necessary rights to submit it to us and for us to publish it. Content generated by you must not infringe any third party IP Rights.
   3. You agree not to access or attempt to access any other account on the Website or Courses, or impersonate anyone else, or otherwise misrepresent your personal information or identity.
   4. You agree that:
      1. we may use any comments or feedback we receive in or from a Course to improve the experience of our customers and visitors;
      2. we may at our sole discretion modify, change, update, suspend, or terminate access to or use of the Website, Course Materials and Courses, which we may change from time to time without prior notice to you.
      3. you will use the Website and access the Courses only for lawful purposes and that your use is in no way unlawful. You shall not attempt to circumvent, disable or otherwise interfere with any security, access restricting, use limiting, or content filtering features of the Website;
      4. not to knowingly transmit any data that contains any harmful software programs or code to us, the Website, or any other users of the Website or Courses;
      5. you are solely responsible for (and we have no responsibility to you or to any third party for) any breach of your (including any Attendees) obligations under these Terms and for the consequences of that breach;
      6. you are responsible for checking the Course Specification and ensuring it is suitable for your (including Attendee) needs. You acknowledge that some Courses may include content that overlaps with other Courses.
6. Enrolment for a Course and payment
   1. In order to access our Courses via the Website, you will need to Enrol and pay the relevant fee. We reserve the right to deny or grant access to the Courses at our sole discretion.
   2. Enrolment is not considered complete until payment has been made (either Deposit or full payment) and has cleared, or access has been granted in writing by us to you for some other reason, at our sole discretion.
   3. Any Deposit is non-refundable. We reserve the right to offset any Deposit against monies owed pursuant to clause 7.
   4. Payments are only accepted through BACS, credit or debit card. We do not accept cash or cheque.
   5. Unless otherwise agreed by us, all Courses must be paid in full at the time of booking.
   6. We reserve the right to charge interest on any late payment. Such interest shall be at the rate of 8% above the then current base rate of Barclays Bank Plc and shall be payable from the due date until actual payment.
   7. If You have purchased Credits from Us then you acknowledge and accept that these may be limited to certain Courses and may expire after a period of time if they are not used. You will be notified of such limitations at the point of purchase.
7. Cancellation, no show, transfer and substitution
   1. We shall be entitled to cancel a Course at any time and for any reason. We will use our reasonable efforts to notify you as soon as possible of any cancellation and if possible provide you with an alternative Course to transfer to. Save in respect of any Administration Fee (which shall be non-refundable), we will reimburse to you all payments received from you for any Course that we cancel. We will make the reimbursement without undue delay, and not later than thirty (30) days after the date upon which we inform you about our decision to cancel the Course. We reserve the right to repay such sums by such means as reasonably determine (including to the original account or by cheque).
   2. Subject to the remainder of this clause and clause 7.5, you shall be entitled to cancel a Course anytime on giving notice in writing to us. If cancellation is:
      1. more than 30 days prior to the Course date then you shall be entitled to 100% refund of the applicable charges received by us less any Administration Fee;
      2. more than 10 but 30 days or less prior to the Course date then you shall be entitled to 25% of the applicable charges received by us less any Administration Fee;
      3. 0-10 days prior to the Course date then you shall not be entitled to any refund.
   3. Upon cancelling any course you will, as requested by us, return or delete any Course Materials in your possession, and any other material created by or belonging to us.
   4. Subject to clause 7.1 and clause 7.2, you shall not be entitled to any refund for any failure by an Attendee to attend (including any late attendance) a Course (whatever the reason).
   5. Provided that you give us no less than 10 days’ notice prior to the relevant Course date, you shall (if available) be entitled to transfer to another Course. Unless we otherwise agree, a charge of 25% of the original Course fee plus the difference in charges, if any, between the Course you transfer to, will be charged by us and paid by you within 7 days.
   6. In the event that we have not received payment prior to cancellation or a no-show, then you will promptly pay (but in any event with 7 days) any monies due.
   7. You are entitled to substitute one Attendee for another Attendee provided you give us no less than 10 days’ notice. Only one substitution can be made per Course.
8. Your account
   1. You are required to register an account with us in order to access certain Courses. It is your responsibility to ensure that you have registered accordingly.
   2. If you choose to create an account to access our Courses, or if you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat this information as confidential.
   3. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with these Terms.
   4. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us in writing.
9. Limitation of liabilityYOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
   1. The Website, Course Materials and Courses are provided to you “as is”, we make no representation as to their accuracy, completeness, or whether or not they are up-to-date, or that they will meet your requirements.
   2. Although we will take reasonable measures to ensure your security while using the Website and the Courses, we accept no responsibility or liability for your use of them, which is entirely at your own risk.
   3. We make no representation or warranty that the operation of the Website or of the Courses will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law.
   4. Nothing in these Terms limits or excludes any liability of ours which cannot legally be limited, including liability for:
      1. death or personal injury caused by negligence;
      2. fraud or fraudulent misrepresentation; and
      3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
   5. Subject to Clause 9.4:
      1. 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
      2. 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 amount of money paid by you for products under such contract.
10. Acceptable use policy
    Attendees must behave in a professional, respectful and responsible manner during the Course. We reserve the right, at our discretion, to remove any Attendee from a Course without refund if we (including any Course Facilitator) believe that their behaviour is contrary to any Attendee Terms or is not professional, respectful and responsible.
11. General terms
    1. These Terms are governed by the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction over any dispute arising from, or in connection with, them.
    2. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    3. The Terms are between you and us. No other person has any rights to enforce any of them. You may only assign or transfer your rights or your obligations under the Terms to another person if we agree in writing.
    4. No modification or change to these Terms will be valid unless agreed by us in writing.
    5. These Terms contain the entire agreement between You and Us and supersede all previous terms of business, agreement and arrangements.
12. Specific clauses in respect of In-Person Courses
    1. Clauses set out in this clause 12 are applicable to In-Person Courses only. To the extent that there is a conflict between these clauses and the other terms then this clause 12 shall prevail to the extent of the conflict.
    2. You acknowledge and agree:
       1. that unless we otherwise agree, you are responsible for all accommodation, travel and subsistence in respect of any attendance at an In-Person Course;
       2. that whilst we will make reasonable adjustments to accommodate Attendee needs (including dietary, disability and health), you are responsible for checking prior to Enrolling that the Course and the Location is suitable for respective Attendees;
       3. that you are responsible for notifying us in advance of any specific dietary, disability and health requirements of any Attendees and that they have been made fully aware and have agreed to such information being provided to us;
       4. in the event that an In-Person Course is held at a Location that is owned or operated by you, then you are responsible for ensuring that you have in place all required facilities including presentation equipment, pens, stationery and such other things as we may agree. You are all responsible for the health and safety of all Attendees including the Course Facilitator;
       5. in the event that we have agreed to arrange any accommodation and/or travel to a Course and that Course is cancelled (for whatever reason and whether by you or us), then you will promptly (but within 7 days of receiving a request from us) reimburse us for any payments made by us (including any which we are liable for) for the same (including any Administration Fees).
13. Specific clauses in respect of Digital Courses
    1. Clauses set out in this clause 13 are applicable to Digital Courses only. To the extent that there is a conflict between these clauses and the other terms then this clause 13 shall prevail to the extent of the conflict.
    2. It is your responsibility to ensure that Attendees have the necessary equipment (including internet access, bandwidth, audio and visual connection and hardware) to attend any Digital Course. You will not be entitled to any refund that arises as a consequence of non-attendance by an Attendee otherwise than permitted pursuant to clause 7.