Terms of Service — Vanguard Neurodiversity Training

Terms of service.

TERMS OF SERVICE

GENERAL TERMS AND CONDITIONS FOR PRODUCTS, SERVICES, AND EVENTS

These terms and conditions are in addition to any Website Disclaimer and apply to the sale or use of any Digital or Online products, materials, resources, or courses and/or Taught Courses and live events by the Supplier.

Please read these terms and conditions carefully before purchasing any products or services and retain a copy for your records

DEFINITIONS

These terms and conditions apply to Products and Services provided by Vanguard Neurodiversity Training, hereafter known as "the Supplier". The Supplier has its registered address at 1 Market Hill, Calne, Wiltshire, England, SN11 0BT.

1. You may contact the Supplier via email at info@vanguardneurodiversitytraining.com or by phone text at +447528389848.
2. In these terms and conditions:

a) “Events” are any online or in-person courses, meetings, services, or experiences that are booked with the Supplier.
b) “Products” are any materials, digital files, resources, or courses in digital format that are booked with, purchased from, or downloaded from the Supplier.
c) “The Website” means Google-indexed pages of the official website of Vanguard Neurodiversity Training which is www.vanguardneurodiversitytraining.com. It does not mean any downloads that may be accessed via any part of the website or other Supplier communication.
d) "Student" or "Learner" refers to the individual who will be accessing the products or events.
e) "Customer" refers to the person or organisation purchasing the products or events on behalf of the Student or Learner. The Customer may be the same as the Student in cases where individuals are purchasing products or services for themselves.
f) “Discovery Call” refers to a condition placed upon some Products or Events. When this condition is applied it means that the Product or Event order isn’t complete until a delivery call has taken place and confirmation of the order has been sent by email to the Customer or Learner. The Discovery Call is a short meeting of up to 25 minutes on Zoom between the Customer or the Learner and a person representative of the Supplier. The purpose of the Discovery Call is to check that the Customer or Learner meets the criteria required, and to give the opportunity to the Customer or Learner to obtain information that they may use to evaluate the suitability of the Product or Event for their needs.

3. By purchasing or acquiring for free, any Product or Event from the supplier, the Customer acknowledges that they have read, understood, and agree to be bound by these terms and conditions.
4. The supplier reserves the right to modify these terms and conditions at any time. The Customer is responsible for regularly reviewing these terms and conditions for any changes.

INTERPRETATION

These terms and conditions (the "Terms and Conditions") set out the obligations between you (the "Customer") and Mindmasters Limited, Trading as Vanguard Neurodiversity Training (the "Supplier", "we", "us", or "our"). The Terms and Conditions explain the process of placing an order, making payments, and the rights and responsibilities of both parties in relation to changing or ending the contract, resolving issues, and other important information.
The Customer should carefully read and ensure they understand these Terms and Conditions, which are only available in English. By purchasing any Online Course and/or Taught Course from the Supplier, the Customer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions

APPLICATION

These Terms and Conditions shall apply to the purchase of products for sale, acquisition of free products or services or events,, and the provision of the Training by the Supplier to the Customer, covering the products, services and events organised and made available through the Supplier's points of sale or sites of download.
In the event of any conflict between the Website Disclaimer, these Terms and Conditions, and any Terms and Conditions specific to the supply of any event or product the conflict shall be resolved by applying the following order of priority: a) These general terms and Conditions for products and services. b) Course-Specific and Product-Specific Terms and Conditions; c) Any Website Disclaimer.
By accepting an offer on an event, or purchasing or acquiring free, any product or materials, from the Supplier the Customer agrees to be bound by the terms of this agreement. If the Customer does not agree to these Terms and Conditions, they must cease to continue booking, purchasing, downloading, or otherwise acquiring any Services or products from the Supplier.

PRODUCTS AND EVENTS

A description of the Events, together with the dates on which the Events will begin, are available on the Supplier's Website. The Supplier will provide the Events with reasonable care and skill in accordance with the description set out on the Website.
The Supplier reserves the right to vary or withdraw any of the Products and Events described on the Website without notice.
The Supplier expects the Customer or Learner to confirm that the Products and Events they are booking, purchasing, accessing for free, or downloading, will meet their needs, even if a Discovery Call was undertaken. It is the responsibility of the Customer or Learner to evaluate the suitability of any Product or Event.
The Supplier does not make any guarantee to the Customer that they will obtain a particular result, professional qualification, or employment opportunity from the purchase and completion of any of the Products and Events. If a qualification is available in relation to any Product or Event, the terms explained in the Product or Event description must be met for the qualification to be awarded to the Learner, and is not simply provided as a result of ordering the Product or Event.

OUR CONTRACT WITH YOU

For Products or Events that are for sale for a fee, when the Customer places an order for a Product or Event they are offering to purchase the Product or Event on these Terms and Conditions.
The Supplier reserves the right to cancel or decline the Customer's order or any part of the order at any time.
A legally binding agreement between the Supplier and the Customer shall come into existence when the Supplier has accepted the Customer's offer to purchase or acquire Products and Events.
Following receipt of the Customer's enquiry or order for any Product or Event that requires the Learner or Customer to attend a ‘Discovery Call’ prior to booking, in order to confirm that the Supplier has accepted the offer for such Products and Events, the Supplier will contact the Customer confirming receipt of the order, and the order isn't complete until confirmation has been made. If a Customer or Learner does not attend a Discovery Call then the contract may be terminated and any monies paid may not be refunded.
Where the Customer's order consists of multiple Products and Events, each individual Product and Event, will be treated by the Supplier as a separate offer to purchase. Acceptance of the Customer's offer to buy one or more Products and Events, will not be acceptance by the Supplier of the Customer's offer to purchase any other Products and Events, which make up the order.
It is the Learnerr's responsibility to ensure that they submit, prior to the relevant closing date, any assignments or submissions necessary that they wish to be considered toward those that are required for certificates, evidence of attendance, or pass marks associated with the Products and Events provided by the Supplier. The Supplier does not take responsibility and is not responsible for ensuring that any required actions are arranged or achieved.

SPECIAL REQUIREMENTS

The Supplier is committed to accommodating the needs of Learners and making Reasonable Adjustments in line with equality, inclusion, and diversity practices. If the Learner has any such needs, they must discuss these with the Supplier and ensure that written agreements for them are in place before starting the course.
To make arrangements for discussing special requirements, please refer to the "Notices" section of these Terms and Conditions for information on how to contact the Supplier. The Supplier will provide written confirmation of any agreed-upon arrangements for Access Accommodations or Reasonable Adjustments.

FEES AND PAYMENT

The Fees for the Services shall be as set out on the Website at the time the Customer places an order. In the event of any conflict between the Website, the invoice issued, and other listings or promotional materials that display or communicate fees specific to the supply of any Products and Events the conflict shall be resolved by applying the following order of priority: a) the Website, b) the Invoice, c) any other verbal or written communication related to Products and Events.
If Fees incur costs such as VAT or other local taxes, the cost of some Course Materials, and any delivery costs payable in respect of the delivery of Course Materials to the Customer, each of these costs will be set out on the Website or communicated to the Customer prior to their purchase of the Products and Events.
Fees for the Products and Events selected by the Customer on the Website or other point of sale or access pount shall be debited from the Customer's credit / debit card at the time of purchase. Fees must be paid in full prior to the Customer accessing any Products and Events, with the exception of those that have a payment plan clearly stated on the Website.
Any fees charged by the Customer's debit or credit card provider in connection with the purchase of Services are for the Customer's own account, and the Supplier shall not be responsible for these.
The Customer shall be responsible for all costs they incur in connection with their access to any Products and Events.
Early bird discount rates, if applicable, will have an expiration date specified by the Supplier. Bookings made after this date will be charged at the normal rates. Early Bird offers are applicable only in conjunction with confirmed bookings, and all amounts due must be received by the Supplier within the specified time frame. Any Early Bird Rate invoices unpaid after the specified time frame will forfeit the promotional rate and will be subject to the full rate. The Supplier reserves the right to offer discounts at its absolute discretion and to withdraw such discounts without any liability

PAYMENT

Payment for the Services must be made as a one-off payment, with the exception of any courses described in the offer as having payment plans. Payment plan details will be listed on the Website, and on the Invoice. It may also be included as information in the email confirmation sent upon booking the Products and Events and being accepted.
Unless otherwise specified, invoices for the Products and Events must be paid within 14 days of the invoice date. Failure to pay within this timeframe may result in the forfeiture of any Products and Events.
Payment for the Products and Events can be made in the following ways: a) Online by credit or debit card using a secure payment system at the time of booking, or by following the payment link issued on the invoice. b) By bank transfer using the account details provided by the Supplier.
If the Customer is booking a Products or Event that requires an invoice to secure booking, an invoice for payment of the appropriate fees shall be sent to the address provided (email address) at the time of booking. It is the Customer's responsibility to ensure the address provided is correct.
Attendance at a course before the Supplier receives payment will form a legally binding contract.
All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction, or withholding (other than any deduction or withholding of tax as required by law).

INSTRUCTIONS FOR ACCESSING PRODUCTS AND EVENTS

For live events and courses, joining instructions, including an outline of the course schedule, will be available prior to the course start date via the study-site provided by the Supplier (Usuallly Whatsapp) and sent out to you by email using the email address that you supplied during the booking. The Supplier will not be held responsible for non-receipt of joining instructions, and refunds will not be issued under such circumstances. It is the Customer's responsibility to ensure they have accessed and read the joining instructions before the Event commences.
To access Products and Events that are not live events, access instructions will be on the Website, or on the confirmation of payment received after placing the order.

NON-PAYMENT

In the event that the Customer fails to pay the appropriate fees in accordance with these Terms and Conditions, it will constitute a breach of this contract. Without prejudice to the Supplier's right to take legal action to recover outstanding fees, the Supplier may refuse the Customer and their delegates entry to the Products and Events.
Without prejudice to the Supplier's right to take legal action, the Supplier may also refuse or cancel future bookings where payments for a course or event under these Terms and Conditions remain outstanding.
Failure by the Customer to pay any Charges when they fall due may, at the Supplier's discretion, result in: a) The Customer or Learners place on an Event being withdrawn; b) The Supplier ceasing to provide the Products and Events; and/or c) The Supplier withholding any certification, CPD evidence, supplementary materials, Supplier reference or receipt, or other previously agreed upon obligation due to the Learner or Customer related to the Products and Events.

CANCELLATION AND TRANSFERS

If the Customer or Learner needs to cancel their place on a Live Event, they must notify the Supplier via email at least 28 days before the start date to be eligible for a refund. Cancellations made less than 28 days before the course start date will not be entitled to a refund.
If the Customer is unable to attend the Event and wishes to transfer their place to another individual, they may do so by notifying the Supplier via email. However, if the confirmation of the order of an Event is conditional upon having a Discovery Call prior to the order being complete, the person to whom the place is transferred must first undergo an interview with Vauna Beauvais, or another person representative of the Suplier, to assess their suitability for attending the Event.
Once any order has been transferred, the Customer will not be entitled to a refund, and the place cannot be transferred more than once.
Where the Customer is an online consumer, they have the right to cancel within 14 days of receiving the booking confirmation. For online orders for Products and Events the Customer has up to 14 days from the purchase date to cancel their booking and receive a full refund, provided that the Products or Event has not been accessed. After the 14-day period, or if the Products or Event or associated materials have been accessed, the Customer will not be entitled to any refund. Moreover, if the Customer has given consent for the Products and Events to take place within the cancellation period, they will lose their right to cancel.
If the Customer or Learner is unable to use any Products and Events it is at the discretion of the Supplier whether an option will be offered to the Custmer or Learner to transfer to another Product or Event.

YOUR RIGHTS IF WE CANCEL

Wherever possible, the Supplier will contact the Customer in advance to inform them of any cancellations, unless an emergency requires the Supplier to cancel the course or event on the day.
The Supplier reserves the right to cancel or postpone courses or events if there are insufficient delegate numbers to ensure a high-quality training experience or if a trainer is ill.
In the event that the Supplier cancels or postpones a course or event, the Supplier will offer the Customer a place on the next available course or event that is acceptable to the Customer. Alternatively, the Customer may request a refund, which shall be made in accordance with the "Refunds" section of these Terms and Conditions.

REFUNDS

Where a course or event is cancelled by the Supplier and the Customer is entitled to a refund, the refund shall be made within 28 days beginning with the day on which the Supplier agrees that the Customer is entitled to a refund.
Where a course or event is cancelled by the Supplier, the Supplier will refund the Customer's fees for the course or event but not any other expenses (for example,purchases of materials or equipment that were made to supplement the Suppliers Products and Events, or any foods, products, services or consumables that were intended to be used during the use of the Suppliers Products and Events ).
Where the Customer transfers to a replacement Product or Event and the fee is less than the original Product or Event, the Supplier will refund the difference as soon as possible but in any event within 28 days beginning with the day on which the Supplier agrees that the Customer is entitled to a refund.
All refunds will be paid to the original source from where payment was originally made, and only there.

NON-ATTENDANCE

If the Learner fails to attend any Event they are booked onto without giving prior notice to the Supplier, the Supplier will be unable to refund the course fees or offer a transfer.
Learners who do not attend on the day will be considered 'no shows' and will be charged the full course fee.
For Learners who do not access the live session of Events, they will be emailed a recording of the event (if possible) or sent the slides if no recording is possible. In such cases, the Customer will still be charged the full course registration fee. Recordings are for individual use only and should not be shared.
Access to Products and Events and all materials is on an individual basis and applies only to the Learner or Customer specified. If the Customer or Learner shares access with any other individuals, those individuals will be liable for the full fee.
For Learners who do not access the live session of Events, they will be emailed a recording of the event (if possible) or sent the slides if no recording is possible. In such cases, the Customer will still be charged the full course registration fee. Recordings are for individual use only and should not be shared.

SUPPLY OF THE PRODUCT OR EVENT

The Supplier shall provide such trainers to present the training course or Event as it, in its sole discretion, deems fit. The Supplier shall be entitled at any time to substitute any trainer with any other person who, in the Supplier's sole discretion, it deems suitably qualified to present the relevant course.
The Supplier shall: a) Deliver the Products and Events to the participants at the specified training location and/or method; and b) Provide the Products and Events to the participants with reasonable care and skill.
In the event that the Products and Events cannot be delivered on the specified date(s), the Supplier shall endeavor to agree on new date(s) with the Customer. If no agreement can be made, the Customer will be entitled to a refund or a transfer.

CUSTOMER OBLIGATIONS

The Customer shall:

a) Ensure that the terms of the order form are complete and accurate;
b) Co-operate with the Supplier in all matters relating to the Products and Events;
c) Provide the Supplier, its employees, agents, consultants, and subcontractors with any information which may reasonably be required by the Supplier in the organisation and delivery of the Products and Events, including but not limited to details in respect of the Learners), and ensure that such information is complete and accurate in all material respects;
d) Not train any other businesses or individuals to deliver the Events;
e) At all times during the term of the contract, comply with the obligations set out in this "Customer Obligations" section;
f) Only make use of the intellectual property rights for the purposes authorised in these terms;
g) Comply with all regulations and practices in force to safeguard the Supplier's rights in the intellectual property.

BEHAVIOUR

The Supplier reserves the right to remove any delegate from an Event whose behaviour is deemed inappropriate by the Supplier or its facilitators In these circumstances, the Supplier will neither refund any fees nor reimburse any other costs.
Delegates are expected to behave in a professional and respectful manner during the training course. Any form of discrimination, harassment, or disruptive behaviour will not be tolerated.

COMPLAINTS

If the Customer has any complaints about the Supplier, the trainers, the organization of the course, the other students, or any other aspect of the Products and Events, they should first contact Vauna Beauvais at vauna@vanguardneurodiversitytraining.com.
The Customer may submit their complaint in writing, providing full details, or they may write to Vauna to request a time to meet via Zoom to discuss their complaint or concerns.
The Supplier will take all complaints and concerns very seriously and will seek to resolve them and make rectifications where appropriate. The Supplier is committed to providing high-quality learning experiences, ensuring the safety of all students, and providing access instructions that are suitable and fit for purpose.

CONFIDENTIALITY

The Supplier and the Customer and Learner shall keep confidential all information of a confidential nature that they obtain about each other in the course of their business relationship. This confidentiality obligation shall survive the termination of the agreement.
The Supplier and the Customer shall not disclose any confidential information to any third party without the prior written consent of the other party, except where required by law or regulatory authority.
The confidentiality obligations set out in this section shall not apply to information that is already in the public domain, other than through a breach of these Terms and Conditions, or that is independently developed by the receiving party without reference to the confidential information.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in or arising out of or in connection with the Products and Events, including any associated training materials, social media posts, documentation (including this document) and Website information, along with any files pr transcripts of videos and audio productions, shall be owned by the Supplier. No reproductions, scans, or copies (wholly or in part) shall be made of them without the prior written consent of the Supplier.
The Customer or the Learner is not authorised to:

a) Copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit, or distribute any of the Products and Events without prior written permission
b) Record on video capturing devices and software, or audio recording devices or software, relay by videophone or other means the Products and Events given;
c) Use the Products and Events materials in the provision of any other course or training, whether given by the Supplier or any third-party trainer unless credit to the Supplier is given;
d) Remove any copyright or other notice of the Supplier on the Products and Events materials;
e) Modify, adapt, merge, translate, disassemble, decompile, or reverse engineer (save to the extent permitted by law) any software or processes forming part of the Products and Events.

Breach by the Customer or Learner of the intellectual property rights clause shall allow the Supplier to immediately terminate these Terms and Conditions and cease to provide the Customer with any Services, including but not limited to access to the online courses, and legal actions against the Custoner or Learner may be pursued.
In consideration of the fees paid by the Customer, the Supplier grants the Customer or Learner a limited, non-transferable, non-exclusive access to use the Products and Events and associated materials, and the software in respect of the Products and Events, for the sole purpose of completing access and agreed use of the Products and Events, and/or attending the Live Events.

PHOTO AND VIDEO

Delegates consent to the Supplier recording Events, which will be used by the Supplier for feedback and improvements in design and delivery of Products and Events.
The Supplier may take photographs, videos, and audio recordings during courses and events, which may be used to help promote the Supplier's Products and Events. By ordering a Product or Event, the Customer confirms that they are aware of this and have no objections to their image or voice appearing in any material issued by the Supplier after the delivery of the Product and Event. If, for any reason, the Customer does not wish the Supplier to use their image or voice, they must inform the Supplier within 7 days of the last day of the delivery of Products and Events.
The Customer acknowledges and agrees that the Supplier is the owner of all the intellectual property rights in materials provided by the Supplier to the Customer when delivering the Products and Events, and thereafter in any promotional activities, too.

LIABILITY

The Supplier does not accept responsibility for anyone acting as a result of information in, or views expressed on, its Products and Events, including course materials, supervision sessions, trainer communication. Opinions expressed are those of individual trainers and facilitators, and not necessarily those of the Supplier.
The Supplier does not warrant that the provision of any content online will always be available, uninterrupted, timely, error-free, or that defects will be corrected, or that such content is secure or free from bugs, viruses, errors, and omissions.
The Supplier's liability to the Customer shall be limited to the price the Customer has paid for the Products and Events. The Supplier will under no circumstances be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract, for: a) Any loss of profits, sales, business, or revenue; b) Loss or corruption of data, information, or software; c) Loss of business opportunity; d) Loss of anticipated savings; e) Loss of goodwill; f) Any indirect or consequential loss, g) or for any special, indirect, or consequential loss, costs, damages, charges, or expenses however arising.
Nothing in these Terms and Conditions limits any liability which cannot legally be limited, including, but not limited to, liability for: a) Death or personal injury caused by negligence; b) Fraud or fraudulent misrepresentation; and c) Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
This "Liability" section shall survive the termination of the Agreement.

TERMINATION

The Supplier shall be entitled to terminate these Terms and Conditions and cease to provide the Customer with any Services with immediate effect in the event that the Customer:

a) Fails to pay the fees when due;
b) Acts in an aggressive, bullying, offensive, threatening, or harassing manner towards any employee of the Supplier, any facilitator who provides the Live Events, or any Customer or Learner who attends any Events;
c) Cheats or plagiarises any work which the Customer is required to prepare or submit in connection with the Products and Events or during any assessments or examination taken in connection with the Products and Events;
d) Steals or acts in a fraudulent or deceitful manner towards the Supplier, its employees, it’s partners, its Customers and Learners
e) Intentionally or recklessly damages the Supplier's property or the property;
f) Is intoxicated through alcohol or illegal drugs while on the Supplier's Events;
g) Commits any criminal offence on the Supplier's premises or where the victim is an employee, associate, partner, Customer, or Learner of the Supplier;
h) Is in breach of these Terms and Conditions.

Either party to the Agreement may terminate it with immediate effect by giving written notice to the other party if:

a) The other party commits a material breach of any term of the Agreement which is irremediable
b) The other party takes any step or action in connection with its entering administration, provisional liquidation, bankruptcy, or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets, or ceasing to carry on business, or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
c) The other party suspends, threatens to suspend, ceases, or threatens to cease to carry on all or a substantial part of its business;
d) The other party's financial position deteriorates to such an extent that, in the terminating party's opinion, the other party's capability to adequately fulfill its obligations under the Agreement has been placed in jeopardy.

The Supplier may terminate the Agreement with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Agreement on the due date for payment.
On termination of the Contract:

a) The Customer shall immediately pay to the Supplier all of the Supplier's outstanding unpaid invoices and interest and, in respect of the training course supplied but for which no invoice has been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt;
b) All outstanding sums payable by the Customer to the Supplier shall immediately become due and payable; c) All rights and licenses granted pursuant to this Agreement shall cease;
d) If requested in writing by the Supplier, the Customer shall promptly return to the Supplier, at the Customer's expense, all records and copies of any information of a confidential nature communicated to it by the Supplier, either preparatory to, or as a result of, this Agreement, to the extent such material remains confidential.

Termination of the Contract shall not affect any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.

CONFIDENTIALITY AND DATA PROTECTION

Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under the Contract.
If the Customer opts-in for a Discovery Call, their email address will be shared with the trainer or any person representative of the Supplier, for the purpose of arranging the interview.
The Supplier will use the personal information provided by the Customer to: a) Deliver the Products and Events to the Customer; b) Process the Customer's payment for the Products and Events; c) Provide the Customer with information about any of the services offered by the Supplier, but the Customer may stop receiving this at any time by contacting the Supplier using the details provided in the "Notices" section or by using unsubscribe functions on newsletters.
The Customer's personal information will be processed in line with data protection legislation and in accordance with the Supplier's privacy policy, which is hereby incorporated into this Agreement.
'Data protection legislation' means the Data Protection Act 2018, the General Data Protection Regulation (Regulation (EU) 2016/679), and any legislation which amends, extends, consolidates, re-enacts, or replaces the same, including any additional legislation or regulations that may be made pursuant thereto from time to time.
The Supplier attaches significant importance to the evaluation of its Products and Events. It will evaluate Products and Events following delivery based on completed evaluation forms. The Supplier agrees to share the outcome of that evaluation with the Customer. In addition, the Supplier or its research contractor may approach the Customer to carry out a further evaluation of the impact of the training at a later date. You have the right to not participate if you want to.
As between the parties, the Customer shall own all right, title, and interest in and to all of the Customer Data. The Customer grants the Supplier an irrevocable, unlimited, and royalty-free license to use the Customer Data provided to the Supplier for the purposes of providing the Products and Events.
Each party warrants that, for the purposes of this Agreement, it shall comply with the provisions of the Data Protection Legislation.
Each party may be given access to confidential information from the other party in order to perform its obligations under the Agreement. Subject to any legal requirements, each party shall hold the other's confidential information in confidence and not make the other's confidential information available to any third party, or use the other's confidential information for any purpose other than the implementation of the Agreement.
The Customer acknowledges that its information may be used by the Supplier on an anonymous basis without limitation, including compiling and publishing reports and publications.
The provisions of the "Confidentiality and Data Protection" section shall survive the termination of the Agreement, however arising.

ASSIGNMENT

The Customer shall not, without the prior written consent of the Supplier, assign, transfer, charge, sub-contract, or deal in any other manner with all or any of its rights or obligations under the Agreement. Such consent may be withheld in the Supplier's sole discretion.
The Supplier may at any time assign, transfer, charge, sub-contract, or deal in any other manner with all or any of its rights or obligations under the Agreement.
Any Products and Events provided by the Supplier under these Terms and Conditions are personal to the Customer and cannot be transferred or assigned to any other person.
The Supplier shall be entitled to assign these Terms and Conditions to any other company without prior notice to the Customer.
The Supplier may assign, transfer, or sub-contract any of its rights or obligations to any third party at its discretion.

ENTIRE AGREEMENT

The Agreement shall constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.
Each party acknowledges that in entering into the Agreement, it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in the Agreement.
These Terms and Conditions, together with the Website Disclaimer and Products and Events Specific Terms and Conditions, are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. The Customer confirms that they have not relied on any representations in entering into these and any other terms and conditions with the Supplier. Nothing in this clause or Terms and Conditions shall limit liability for any fraudulent misrepresentation.

VARIATIONS AND WAIVERS

Subject to any clauses allowing for unilateral changes by the Supplier, no variation of the Agreement shall be effective unless it is in writing and signed by the parties (or their authorized representatives).
No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

FORCE MAJEURE

The Supplier shall not be liable to the Customer for any breach of its obligations or termination under these Terms and Conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer's family, illness of the trainer, Government edict or regulation.
The Supplier shall not in any circumstances have any liability to the Customer under the Contract if it is prevented from, or delayed in, performing its obligations under the Contract or from carrying on its business by acts, events, omissions, or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, 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, or default of suppliers or sub-contractors.

LAW AND JURISDICTION

The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).

SEVERANCE

If any provision or part-provision of the Agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Agreement.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if the Supplier delays in enforcing this contract, it can still enforce it later. If the Supplier does not insist immediately that the Customer do anything it is required to do under these Terms, or if the Supplier delays in taking steps against the Customer in respect of the Customer breaking this contract, that will not mean that the Customer does not have to do those things, and it will not prevent the Supplier from taking steps against the Customer at a later date.

SUMMARY OF YOUR RIGHTS

Whilst every effort is made to ensure that the Supplier's Products and Events are relevant and topical, they are not tailored or bespoke for specific businesses or individuals, and therefore all warranties for fitness for purpose and all other express and implied warranties are excluded to the fullest extent lawfully permitted.
Nothing in these Terms limits or excludes the Supplier's liability for: a) Death or personal injury caused by its negligence; b) Fraud or fraudulent misrepresentation.

THIRD-PARTY RIGHTS

No one other than a party to the Contract, their successors, and permitted assignees shall have any right to enforce any of its terms.

NOTICES

Any notice required to be given under the Agreement shall be in writing and shall be delivered by hand or sent by post or email to the other party at its address set out in the Agreement, or such other address as may have been notified by that party for such purposes.
Given that the postal address is a business registration address, and not a trading address, a correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received 14 days after the time at which it would have been delivered in the normal course of post. A notice sent by email shall be deemed to have been received at the time of transmission (as shown by the time sent in respect of an email).
The Customer can contact the Supplier by any of the following methods:

Email: info@vanguardneurodiversitytraining.com
Post: Mindmasters Limited, Trading as Vanguard Neurodiversity Training, 1 Market Hill, Calne, Wiltshire, England, SN11 0BT
Telephone (text only): +447528389848

YOUR STATUTORY RIGHTS ARE NOT AFFECTED

DATE OF LAST UPDATE: 23rd June 2024