- About these Terms
1.1 These Terms apply to the enrolment of a Participant on any Executive Institute or Student Academy Programmes and provision of such Programme by Osbourne McKenna Limited trading as “Counsel for Leadership” (the “Company”). The Company and the Participant shall become bound by these Terms upon acceptance by the Company of an application for such enrolment.
1.2 These Terms form the entire agreement between the Company and the Participant with respect to theprogrammes attended by the Participant.
2.1 “Company” means Osbourne McKenna Limited trading as “Counsel for Leadership”, a limited company registered in England with registered number 8389989 and registered address at 5 Chancery Lane, London, WC2A 1LG;
“Conditional Letter of Acceptance” has the meaning given in clause 3.4;
“Course” means any course or study offered by the Company as part of a Executive Leadership non-residential programmes in London from time to time;
“Course Fees” has the meaning given in clause 4.1;
“Participant” means a participant of a programme held by the Executive Institute; or parent/legal guardian for child under the age of 18 in a Student Academy Programme;
“Website” means the website at www.counselforleadership.com
3.1 Admission to the programmes is based on a first-come-first-served basis.
3.2 Applications for enrolment on programmes must be made using the online application form which can be found on the Website. The Company may, in its sole and absolute discretion, accept or reject such an application and notify the Participant by email accordingly.
3.3 Where an application is submitted and the Participant has not received an email from the Company within 48 hours after the submission, the Participant must contact the Company to determine whether they have been conditionally accepted.
3.4 If the Company wishes to accept a Participant to an programme, it will send a letter by post or email to the Participant. This letter (the “Conditional Letter of Acceptance”) will set out the conditional acceptance of the Participant by the Company conditional on the Participant meeting any standards or other requirements.
3.5 Where each of the requirements set out in the Conditional Letter of Acceptance have been complied with, including settling the invoice, and providing any other documentation requested, the Participant will be accepted onto the programme.
3.6 If information provided by the Participant is found to be untruthful, the Company reserves the right to reject an application or withdraw the acceptance (or conditional acceptance) of such application. All admission decisions are final.
3.7 The payment of any sum to the Company by or on behalf of the Participant does not oblige the Company to accept an application for enrolment.
- Payment terms
4.1 The fees payable by Participants in respect of the programmes (the “Course Fees”) are as set out on the programmes page (as applicable) All Course Fees are exclusive of VAT (as applicable).
4.2 The Participant is liable to the Company for the Course Fees as set out in the Course Fees Schedule. All bookings carry a 20% liability upon receipt of the application form.
4.3 Course Fees must be received in full in cleared funds in the bank account of the Company within 7 days of receipt of the Conditional Letter of Acceptance or 48 hours where courses are discounted. If an offer is made less than 7 days prior to the commencement of the Programme, Course Fees must be received within 24 hours of the date of the Conditional Letter of Acceptance or at least 24 hours before the commencement of the Course, whichever is earlier.
4.4 Discounts may apply as announced. Discounts may be time sensitive or limited to a certain number of places. The Company shall be permitted to withdraw any offer or discount at any time.
4.5 If full payment of Course Fees has not been received by the Company by the due date then the Company may withdraw acceptance of the application for enrolment in the programme without further notice to the Participant. If full payment of Course Fees has not been received before the Course start date, as set out in 4.3 where applications have been made less than 7 days prior to commencement of the programmes, the Company reserves the right to exclude the Participant from the programmes.
4.6 The Company shall not accept liability for costs incurred by Participants or any other person in connection with the Company’s act of withdrawing acceptance of an application for enrolment or excluding a Participant from the programmes, including but not limited to cancellation or alteration of travel arrangements, accommodation reservations and other costs.
4.7 The Company accepts payment from Participants via bank transfer. The Participant must notify the Company of the payment to assist it with tracking the payment. The Company accepts payment from companies and organisations following an invoice from the Company via bank transfer.
4.8 All payments of Course Fees must be made in pounds sterling and are exclusive of VAT and other taxes where applicable. Any currency conversion costs or other charges incurred in connection with the payment of Course Fees are to be paid in addition to the Course Fees. No deduction from the Course Fees for such costs or charges may be made.
- Cancellations, postponement and non-attendance
5.1 Courses within the Current Programme have minimum required attendance levels and the Company reserves the right to cancel or postpone a Course if too few enrolments are received or due to circumstances beyond the Company’s control.
5.2 If a course is cancelled or postponed then the Company reserves the right to transfer the enrolment of the participant into the next available course.
5.3 The Company shall use reasonable endeavours to inform Participants about cancellations or postponements, at least seven days before commencement of the Course.
5.4 The refund provisions set out below apply to any Participant who wishes to cancel their registration in the programmes.
5.5 The Company reserves the right to:
(a) change or amend Course contents;
(b) substitute Course faculty, including the trainer; and/or
(c) change the Course venue.
5.6 The Company shall not accept liability for costs incurred by Participants or third parties as a result of a Course being cancelled or postponed. The Company shall not accept liability arising from any modification or amendment of Course contents, faculty, venue, or timetables.
5.7 Participants may cancel enrolment in one programme and enrol in another one at the same time as such cancelation, without penalty, in the sole and absolute discretion of the Company.
5.8 Where a Participant wishes to cancel his enrolment pursuant to clause 5.7, he must inform the Company in writing by email. Participants are advised to keep evidence of the day on which such email was sent.
5.9 If a Participant wishes to cancel his registration in any programme and does not want to, or is not permitted to, register in an alternative programme at the same time or in the same Course running in the next 6 months, the following rules apply:
(a) where the Company receives the notice of cancellation within 7 days after acceptance onto the programme and 28 days before the first day of the Programme, the Participant shall be entitled to a 50% refund of the Course Fees, minus bank transfer costs incurred by the Company (including any currency conversion costs incurred by the Company);
(b) where the Company receives the notice of cancellation more than 7 days after acceptance onto the programme in London or less than 28 days before the first day of the Programme, the Participant shall not be entitled to a refund.
- Course material and service.
6.1 Payment of the Course Fees in accordance with these Terms shall entitle the Participant to benefit from the services detailed in the course advertisement.
6.2 Unless indicated otherwise, Course Fees do not include travel or accommodation, costs or subsistence, insurance or other costs that might arise prior to or during the Course.
6.3 Some Courses may attract supplementary Course-specific costs. These costs are not included within the Course Fee. Failure to pay such supplementary costs to the Company in full by the due date notified to the Participant shall entitle the Company to exclude the Participant from the relevant Course. In Courses where Participants are expected to attend activities, performances or excursions as a necessary part of their Programme then they will be expected to pay for these in addition to the Course Fees. The Company shall advertise additional costs in advance of accepting applications for enrolment.
6.4 Course outlines and syllabi are correct at the time of being published online or in print. Views expressed by faculty members are their own. The Company does not accept any liability for advice given or views expressed by Course faculty members or in any notes or documentation provided to Course Participants.
6.5 The Participant shall be solely responsible for determining whether the programme is sufficient and suitable for the needs of the Participant. The Company does not provide any guarantee in respect of the standard of a Participant’s abilities on completion of the programme. The Participant shall promptly provide the Company with all information reasonably requested by the Company in connection with programmes.
6.6 The Company reserves the right to remove the Participant from a course or exclude a Participant from the premises where the Course is running if the behaviour or demeanour of the participant is considered unacceptable. The participant agrees to comply with all applicable policies and regulations of the Company.
- Course language
Unless otherwise indicated, all Courses are taught in English. Applicants whose first language is not English are required to be proficient in written and spoken English and be able to participate in group discussions and presentations in English. The Company does not accept liability for any inconvenience or failure to attend following a Participant’s lack of English language knowledge.
- Visa information
8.1 It is the sole and absolute responsibility of Participants to obtain the required visa and travel documentation to enable them to attend and participate in the Programmes. The rejection of a visa application (or withdrawal of a visa or work or study permit) by the British authorities does not affect the application of these Terms and shall not entitle the Participant to a refund or to cancel the programmes. The Company recommends that all Participants from outside the European Union check with the British Embassy or British High Commission for their visa requirements.
8.2 In no circumstances shall the Company issue documentation to support a visa application before receiving payment in full in cleared funds of the Course Fees from the Participant. The cancellation and refund provisions contained herein apply irrespective of whether cancelation is due to a failure to satisfy visa requirements in good time before the Course start date or other similar reason, such as failure to apply for visa in appropriate time or delay with visa process.
- Limitation of Liability
9.1 Subject to clause 9.3, the liability of the Company to the Participant with respect to the provision of the programmes, the cancellation, postponement, or amendment of a Course, any negligence, any breach of these Terms, or arising in any other way out of the subject-matter of these Terms, shall not extend to:
(a) any indirect losses or damages, or to any loss of profits, loss of contracts or opportunity, whether direct or indirect, even if the Company had been advised of the possibility of those losses or if they were within the Company’s contemplation; or
(b) any costs or expenses incurred by any person or organisation in connection with travel, accommodation, reservations or other arrangements.
9.2 In any event, subject to clause 9.3, the liability of the Company to the Participant with respect to the provision of the programmes, the cancellation, postponement, or amendment of the Course, any negligence, any breach of these Terms, or arising in any other way out of the subject-matter of these Terms is limited to the amount of Course Fees received from or on behalf of the Participant in respect of the Course.
9.3 Nothing in these Terms shall operate to limit or exclude the liability of the Company for death or personal injury arising from the Company’s negligence, fraud or any other liability that, by law, cannot be limited or excluded.
9.4 The Company accepts no liability for loss or damage to the Participant’s property and shall not provide any insurance cover whatsoever to the Participant in respect of any such damage.
9.5 The warranties and undertakings given by the Company in these Terms are, to the extent permitted by law, given in lieu of all implied conditions, warranties, representations or other terms, including any relating to satisfactory quality, fitness for a particular or any purpose, or the ability to achieve any particular result.
10 Force Majeure
The Company shall not be liable for any failure or delay in the performance, in whole or part, of any of its obligations arising from or attributable to acts, events, omissions or accidents beyond our reasonable control including, but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or the workforce of any other party), act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, pandemics, epidemics or other outbreaks of disease or infection, failure in the public supply of electricity, heating, lighting, air conditioning or telecommunications equipment.
11.1 These Terms are agreed between the Participant and Osbourne McKenna trading as ‘Counsel For Leadership’. No person shall have any rights under or connection with these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999.
11.2 If any court or competent authority decides that any term of these Terms is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
11.3 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
11.4 Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision and shall not relieve the Participant from the obligation to comply with such provision.
11.5 The Participant is not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of his rights under these Terms without our prior express written consent.
11.6 These Terms set forth the entire understanding and agreement between the Participant and Osbourne McKenna with respect to the subject matter hereof.
11.7 The Participant agrees that these Terms and any claim, dispute or controversy arising out of in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims), the Website, Osbourne McKenna’s advertising or any related transaction between the Participant and Osbourne McKenna shall be governed by and construed in accordance with English law.
11.8 Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
11.9 The Participant irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms agreement or their subject matter or formation (including non-contractual disputes or claims).