These are the Terms and Conditions which govern the purchase and use of the Open Programmes and Modules (DBL Elevate) (“Terms”) from DBL Europe Limited, with company registration number 09094141 and whose registered address is 377-399 London Road, Camberley, Surrey, GU15 3HL UK (“Development Beyond Learning”)
References to you and your, include references to individual employees, the company and any parent or subsidiary company which on whose behalf the open programme is being purchased or booked.
In these Terms, the following shall mean:
“Materials” means Development Beyond Learning training materials, whether printed materials or recorded on any other medium (such as video or other software program), written by Development Beyond Learning or its third party suppliers to be supplied to You.
“Trademarks” means all the registered and unregistered trademarks used by Development Beyond Learning in the course of business.
1.1 The details of the design and content of open programmes and modules, and your prices, are correct at the time of publication, but they may be subject to change without prior notice.
1.2 Development Beyond Learning reserves the right to cancel or reschedule programmes or modules without penalty or liability if there are insufficient bookings, or for reasons outside Development Beyond Learning’s control.
1.3 Where any programme or module requires work to be completed prior to your attendance (pre-work as detailed in confirmation emails sent by Development Beyond Learning), we reserve the right to deny attendance at the scheduled programme or module if the pre-work has not been completed. In such event, the participant would be offered transfer to an alternative programme or module subject to payment of a transfer fee in accordance with Clause 4.1.
2.1 Only those you registered by you for the open programme or module shall be permitted to attend the session(s).
2.2 The registration instructions and log-in details for open programmes and modules are personal to each participant. They may not be used by you, or anyone else, nor may they be transferred or supplied to any third party or organisation.
2.3 If you, or your participant or anyone else attempts to make multiple use of the registration and log-in details supplied by Development Beyond Learning by disclosing such details to others, the participant and its employing organisation will be liable for the number of people who subsequently attended the open programme or module using the registration details.
2.4 You acknowledge that your participation in open programmes and modules requires use of certain technologies. You will, at your own expense: (a) provide your own viewing venue, computer systems, internet service, and other technology, and devices necessary to participate in a programme or module session; (b) obtain any software necessary to participate in the programme or module session, including, without limitation, your own Zoom video-conferencing capability and access (or other provider as specified by Development Beyond Learning); and (c) comply with all reasonable additional technology requirements prescribed by Development Beyond Learning in writing. Development Beyond Learning accepts no responsibility or liability for any failure in the above technology requirements.
2.5 Development Beyond Learning shall not be liable for any interruption to service or availability of internet connection or video-conferencing facilities caused by equipment or technologies supplied, used, or made available by you. Furthermore, Development Beyond Learning shall not be responsible for your inability to access any virtual session, content, or functionality that forms part of the programme. Additionally, Development Beyond Learning shall not be liable for any interruption to service or availability of internet connection or video-conferencing facilities caused by factors beyond its control
2.6 In addition to the data protection and privacy terms set forth in Clause 9 of the Terms, the following terms shall also apply:
2.6.1 Development Beyond Learning, at its discretion, may monitor the registration and access to programme and module sessions, including the number of computers and your IP addresses, to ensure that the registration and/or log-in details have not been distributed.
2.6.2 Development Beyond Learning may record the programme or module sessions provided that you shall not be video recorded in such recordings, unless prior consent is given by the participant/s.
2.6.3 Development Beyond Learning may transfer personal data to third party providers, as sub-processors for the purpose of facilitating delivery of open programme or modules. Participants should also note that such third-party providers may use you’ personal data as set forth in your privacy policies; users of such third-party systems should refer to those policies for additional details.
3.1 Fees are payable upon booking, or within 30 days of the date of invoice or 28 days prior to the start of all applicable programme or module, whichever is the earlier date. Immediate payment by credit card will be required on any bookings received within 28 days of the programme or module start date.
3.2 Where Development Beyond Learning has quoted a price for a programme or module in any currency, the price shall be paid in accordance with the currency set forth on the invoice. The price will be determined on the location of the Client.
3.3 Where a refund is due to a Client and such is caused at the fault of the Client, Development Beyond Learning reserves the right to deduct any administrative bank/credit card charges from such refund. Where the refund is necessitated at the fault of Development Beyond Learning, no such deductions shall be made.
3.4 All fees will be subject to VAT for bookings within Europe.
4.1 Once a programme or module has been booked, should a participant wish to transfer from one date to another, Development Beyond Learning shall endeavour to facilitate such requested transfer, in which event the following transfer fees are payable:
| Transfer request received by Development Beyond Learning | Fee payable |
| Fewer than seven days before the programme or module starts: | 50% of the fee is payable |
| Between seven and 28 days before the programme or module starts | 25% of the fee payable |
| More than 28 days before the programme or module starts | No fee payable |
4.2 All requests for transfer of a programme or module to another date must be made in writing to dblelevate@developmentbeyondlearning.com
4.3 For all requests for transfer of programme or module to another date, the alternative date must be provided to Development Beyond Learning within one (1) month of the transfer request, failing which the transfer request will no longer apply and the booking shall be deemed cancelled. In such event, the cancellation fees as set forth in Clause 5 shall apply and the fees, as set forth in Clause 5 below shall be payable in full in replacement of the above transfer request fees.
4.4 Where a booking on a programme or module has been made using or subject to a discount or promotional offer or other special price arrangement, such booking may not be transferred to another date. If a participant is unable to attend on the date of the booking, the participant may, provided sufficient notice is received, transfer the booking to another individual within your organisation. If otherwise cancelled, the cost of the booked programme or module will be forfeited.
5.1 In respect of cancellation by Development Beyond Learning, a full refund will be given.
In respect of a cancellation by a participant, the following cancellation charges are payable:
| Cancellation received by Development Beyond Learning | Fee payable |
| Fewer than seven days before the programme or module starts, or if the participant fails to attend | Full fee payable |
| Between seven and 28 days before the programme or module starts | 50% of the fee payable |
| More than 28 days before the programme or module starts | No fee payable |
5.2 All requests for cancellation of a programme or module must be made in writing to dblelevate@developmentbeyondlearning.com
Substitutions can be accepted without charge at any time, provided that the substituted participant completes any required pre-work.
7.1 All Materials and other products supplied by Development Beyond Learning, are protected by intellectual property rights (including trademarks, copyright, patents and design rights) and rights of confidence. Reproduction of these products in whole or in part, in any form, or your storage in a database or retrieval system, by any process, is prohibited except where expressly permitted by law or by licence. Any notice on Materials in respect of intellectual property rights (including copyright and Trademark notices) shall not be removed from such Materials, or obscured or otherwise altered.
7.2 You shall not reproduce, copy, vary or adapt the Materials by any means or in any way whatsoever, or enter or convert the same into any kind of information storage or retrieval system, including but not limited to any form of electronic or computer system.
8.1 Development Beyond Learning will try to notify you as soon as reasonably possible if a programme or module has to be cancelled.
8.2 Development Beyond will try to ensure that any description of the design or content of programmes and modules is as informative as possible, but it is for the Client and you to take responsibility for deciding whether or not a programme or module is suitable for your needs.
Development Beyond Learning is committed to protecting and respecting Client’s, participants, you and other users’ privacy and acting in compliance with the UK Data Protection Act 2018.
Our Privacy Policy details how we collect, use, store and otherwise process personal data and other information.
These Terms shall apply to the exclusion of all other terms and conditions, including any that you attempt to apply under any purchase order, booking confirmation or any other document; and, no variation of these Terms requested by you shall be effective unless in writing and signed on behalf of Development Beyond Learning by one of its directors. Development Beyond Learning reserves the right to change these Terms at any time without prior notice to you, so please check them regularly.
You warrant that:
11.1 You posses full power and authority to enter into and perform these Terms;
11.2 You have or will obtain all consents or licences from third parties as are necessary for it to fulfil its obligations as contemplated by these Terms; and
11.3 It is duly authorised in accordance with, all applicable Laws and Regulations to carry out and perform its obligations hereunder and shall, in performing the said obligations, comply with the applicable Laws and Regulations.
A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these Terms
13.1 The parties agree that these Terms constitute the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject matter.
13.2 Each party acknowledges that it has not entered into these Terms or any documents entered into pursuant to it in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in these Terms.
13.3 Nothing in these Terms purports to limit or exclude any liability for fraud.
This Agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these Terms.