Terms & Conditions
WEBSITE, APPLICATIONS AND SERVICE TERMS OF USE
INCLUDING PURCHASE AND REFUNDS POLICY
These terms of use set out the terms on which you may make use of the website (www.kenleycollege.com) and mobile, tablet and other applications (our “Sites”) that we have created, whether as a guest or registered user. Use of our Sites includes accessing, browsing, or registering to use the Sites.
Please read these terms of use carefully before you start using our Sites, as these terms will apply to your use of our Sites. We recommend that you print a copy for future reference.
By accessing, browsing and using our Sites, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use any of our Sites.
Your use of our Sites, including any orders you place, is governed by our Terms and Conditions of Sale, Privacy Policy which outlines our Cookie Policy. Please take the time to read these, as they include important terms which apply to you.
INFORMATION ABOUT US
Our Sites are operated by Kenley College (we”, “us” or “our”). We a private niche training provider primarily providing leadership training and strategy for young politicians. Our registered office address is: Kenley College C/O Lance Chung, 21 Sandy Bank Avenue, Hattersley Hyde, Greater Manchester, SK14 3GN
Our trading address:
Kenley College
Innospace
Turing House
5 Archway
Manchester
M15 5RL
UK
ACCESSING OUR SITES
Unless otherwise specified, our Sites are made available free of charge for your personal use.
We do not guarantee that our Sites, or any content on them, will always be available or be uninterrupted. Access to our Sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Sites without notice. We will not be liable to you if for any reason our Sites are unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Sites. You are also responsible for ensuring that all persons who access our Sites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
Our Sites, and their content, functionality and design, are protected in the UK and elsewhere in the world by copyright laws and treaties, trademarks and other intellectual property rights which are either used by us under licence or owned by us. All such rights are reserved.
You may not distribute, reproduce, modify, transmit, reuse, re-post or use our Sites, or the content, functionality or design of our Sites (or any part of each) in any manner whatsoever, except as provided in these terms of use or the text on our Sites or within the terms of any written permission granted by us in advance of such use (and in respect of which we neither warrant nor represent that your proposed use will not infringe any third party rights).
You may print off one copy, and download extracts, of any page(s) from our Sites for your personal use provided that (a) you do not remove or alter any copyright and other proprietary notices contained on the materials and (b) all use is for lawful purposes only.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
If you print off, copy or download any part of our Sites in breach of these terms of use, your right to use our Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
If you download any software from our Sites, the software, including all files, images, contained in or generated by the software and accompanying data (together, the “Software”) are licensed to you by us. The ownership of any such Software shall but remain with us. You may not resell, decompile, reverse engineer, disassemble or otherwise convert the Software to a human perceivable form. Either of us may terminate the licence at any time immediately with or without notice and on such termination you must destroy all materials including (but not limited to) the Software obtained from the Sites and all copies.
If you would like to request permission to use photography or other content from our Sites, please contact admin@kenleycollege.com
OWNERSHIP OF TRADE MARKS
The trademarks and logos displayed on our Sites include the registered and unregistered trademarks of us and our licensors. Nothing in these terms of use may be construed as granting any licence or right to use any of those trademarks without the prior written permission of us or our licensors. Any use of the trademarks, except as provided in these terms of use, is strictly prohibited.
VIRUSES
You must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs, malware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Sites, the server on which our Sites are stored, or any server, computer or database connected to our Sites.
You must not attack our Sites via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you are committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.
EXCLUSIONS OF LIABILITY
The materials contained in or displayed on our Sites are provided “as is” and without warranties or representations of any kind either express or implied. We disclaim all warranties of satisfactory quality and fitness for a particular purpose. We do not warrant that the content and information displayed on our Sites is error-free, accurate, complete and up-to-date, or that it does not infringe the rights of any third party.
We will not be liable for any damage or injury howsoever caused including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission or line failure. We will not be liable for any damage or injury that results from your use of, or inability to use, the materials on our Sites howsoever caused.
We use reasonable efforts to ensure that our Sites are free from bugs, viruses and other malicious content; however we do not guarantee that our Sites are secure. You are responsible for configuring your information technology, computer programmes and platform in order to access our Sites. You should use your own virus protection software.
We and any other party involved in producing or delivering our Sites shall not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of our Sites or to your downloading of any content on it, or on any website linked to it.
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
You agree to indemnify and hold us harmless from all liabilities, claims and expenses that arise out of the content you submit, post or transmit via our Sites, or from your use/misuse of our Sites or the use/misuse by any person for whom you are responsible or from your violation of these terms of use.
WHO OWNS THE MATERIAL YOU SEND TO US?
Any communication or material you transmit to our Sites by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, graphics or the like is, and will be treated as, non-confidential and non-proprietary but we shall comply with our Privacy Policy in respect of any personal information we receive from you.
Anything you transmit or post shall, subject to our Privacy Policy, become our exclusive property which may be used by us and selected third parties performing services on our behalf at any time and for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting.
We are free to use any ideas, concepts, know-how or techniques contained in any communication you send to our Sites for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
In addition, depending on how you submit your communication to us, we may include your Facebook profile name, Google user name, Parler user name, Rumble username, email user name or any other user name (but not your email address) along with your profile picture with any publication or re-publication of the contents of your communication.
The views expressed in any user generated content on our Sites are the opinions of those users and do not represent our views, opinions, beliefs or values.
LINKS TO OTHER WEBSITES AND APPS
Where our Sites contain links to other sites and resources provided by third parties, these links are provided for your information only. We are not responsible for, or control or endorse, the content of any websites and applications linked to our Sites. We will not be liable for any loss or damage that may arise from your use of them.
Accessing Coaching, Strategy, Assessments and On-Demand Programmes and Services
By signing up for one of these programmes/offers I agree that there are no refunds, I must use my sessions within 90 days. Once I have access to the programme I will have 6 weeks to complete it unless otherwise specified.
By opting to purchase it means that I have read and understand the Kenley College disclaimer
You acknowledge that specific results are not guaranteed and progress may be immediate or take place over a period of time. Release of Liability states that you have voluntarily sought assistance and that you are under no obligation to accept or reject any of the advice or help you might receive from Lance and/or Dr. Lisa-Anne Chung or other Kenley College coaches/strategists. You agree to hold harmless Lance Chung, Dr. Lisa-Anne Chung and individual members of the Kenley College team from any and all liability, loss or damage of any kind that may arise as a result of the session you receive from them.
PERSONALLY OBJECTIONABLE CONTENT
You agree that we have no liability to you for any content you find to be objectionable, including but not limited to Political, Economic, Adult, or Spiritual topics.
POLITICAL AND ECONOMIC CONTENT
We and our attendees or participants may respectfully and courteously discuss political and economic topics relating to global business, justice, or personal and professional growth in the Programme/Seminar/Course or in the Products. We consider our educational events and Products a forum for ideas and believe that each individual can make a positive contribution to the group regardless of their personal and political beliefs, even if they differ from the personal and political beliefs of others in the group. Participants who are uncomfortable with such topics should not attend or participate in the Programme/Seminar/Course/Products.
SPIRITUAL CONTENT
We and our students, attendees or participants may respectfully and courteously discuss spiritual topics relating to personal and professional growth during the Programme/Seminar or in the Products. We consider our educational events and Products a forum for ideas and believe that each individual can make a positive contribution to the group regardless of their personal beliefs, even if they differ from the personal beliefs of others in the group. Students, Attendees and participants who are uncomfortable with such topics should not attend or participate in the Programme/Seminar/Course/Products.
AUDIO/VISUAL RULES AND RELEASE
Students and Attendees may not use any type of recording device to capture the information provided during any training carried out by Kenley College without prior consent. No audio recording, screen capture, photography or videography/video recording is allowed in online or face-to-face sessions involving Kenley College or is to be used to capture information provided in Courses/Coaching/Programmes/Challenges/Products. By participating in the Course/Challenge/Programme/session, the Student/Attendee understands that portions of the Programme/Seminar may be recorded in video and audio and/or captured in still and/or digital photographs by Kenley College. The Student/Attendee agrees that Kenley College and its assigns have the right and permission to use such recordings and photographs should they include Student’s/Attendee’s name, likeness, voice, biographical details, testimonial, or photograph for marketing, advertising or any other purpose in any media or format, online and/or offline, now or hereafter without further compensation, permission, or notification to the Student/Attendee. Student/Attendee understands and agrees that all recordings from Kenley College’s events are the exclusive rights of the College and Student/Attendee does not ask for or expect compensation for the use of recordings or photographs in which Student/Attendee appears or speaks. The College owns all rights of any audio, video, and/or photograph captured during the College’s Programme/Seminar or at any of the College’s other live events.
CHANGES TO THESE TERMS
We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
CHANGES TO OUR SITES
We may update our Sites from time to time, and may change the content at any time. However, please note that any of the content on our Sites may be out of date at any given time, and we are under no obligation to update it.
THIRD PARTY RIGHTS
Only you and we shall be entitled to enforce these terms of use. No third party shall be entitled to enforce any of these terms of use, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
LAW, JURISDICTION & LANGUAGE
These terms of use and any matter that arises out of your use of our Sites shall be governed by English law. You and we both agree that the courts of England and Wales shall have exclusive jurisdiction. All contracts shall be construed in English.
You are responsible for compliance with applicable local laws relating to your use of our Sites. To the extent that our Sites or any activity contemplated by them would infringe any law of a jurisdiction other than England, you are prohibited from accessing our Sites or attempting to carry on any such offending activity and this provision shall override all other provisions of these terms of use.
THIRD PARTY RIGHTS
Only you and we shall be entitled to enforce these terms of use. No third party shall be entitled to enforce any of these terms of use, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
PURCHASE AND REFUNDS POLICY
1.1 Where services provided are immediately accessible, no ‘cooling off’ or refund period for online/distance selling shall apply.
1.2 Where your purchase is an info-product and downloadable at the time of purchase, or an online coaching programme or Strategy Call, we do not offer refunds or cancellations. All purchases are binding.
1.3 Where services to be rendered are for assessments and other consultancy services, and after agreeing (in writing – including email confirmation), that we should proceed with the contract, and you terminated the contract, or put it on hold, an administrative fee in the form of a percentage of the total contract fee shall be charged.
1.4 Fees already paid for accredited courses may be refunded, less the administrative charge of £50 (or £150 per person for group enrolments), if requested at least 31 days prior to the start of the course for courses delivered on Kenley College premises, delivered off-site, or delivered to a closed group. After this, no refunds will be granted, as you will have already started receiving communication and information specific to enrolled participants. Where costs are incurred specific to an individual or group, to facilitate the delivery of a course or training, these costs will also be deducted before any refund is granted, or are immediately payable by the individual or organisation.
1.5 Funds may be transferred to an alternative course or delivery period up to two weeks before the official start of a course, for accredited courses open to the public at Kenley College or online. After this point, no transfer is possible. Any relevant costs will be charged before the balance is transferred to another course, if it is requested in accordance with the time period for transferring the balance to an alternative course.
1.6 For customised training, where an organisational or government ministry client cancels a training contract, a charge of 25% of the total fee, as well as costs, are to be paid by Kenley College by the client.
Application of Terms and Conditions:
2.1. These terms and conditions (“Terms”) apply to all Kenley College programmes and products. By registering to be a student/participant in our Programme, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing.
2.2. The agreement between us (Kenley College) and you the person or entity registering to be a participant in the Programme (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon us emailing you to confirm our acceptance of your registration form for the Programme and shall continue until terminated in accordance with these Terms.
2.3. If you are purchasing online, the order process will be as follows:
2.3.1. Add the Programme/Product to the cart and proceed to the checkout and make payment as directed. Unless otherwise specified, we use Stripe for online payment processing. If you cannot access Stripe in your home country, please contact us at admin@kenleycollege.com to arrange alternative payment methods.
2.3.2. If you are paying by bank account, these details will be provided to you by the College
2.3.3. We will send you an email acknowledging your order and confirming whether we have accepted your order.
2.3.5. If at any stage you have made an error in your order, you may email us at admin@kenleycollege.com to correct any errors.
2.4. If you are purchasing online, you should print a copy of these Terms for your records as we will not be filing a copy and we may change these Terms from time to time.
2.5. These Terms should be read in conjunction with our Website Terms of Use and Privacy Policy (all of which can be found on our website www.kenleycollege.com (“site”).
2.6. Where you are a corporate entity, “you” as used in these Terms shall be deemed to include your officers and employees and you shall procure that such officers and employees fully comply with these Terms.
Payment:
3.1. The total price payable for purchasable items are as set out in on the appropriate sales page for that item or specified in our official email communication to you.
3.2. In some cases, where it is indicated as an option, you may choose to pay by instalments or in one lump sum and the total price payable shall depend upon which option you have chosen and shall be as set out in the summary of key terms.
3.3. Payment is to be made by any method that is detailed on our site from time to time.
3.4. Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the date due we reserve the right to (i) charge interest from the date due for payment to the actual date of payment at the rate of 3% above the base rate of Natwest from time to time in force and/or (ii) suspend the availability of the Programme or items purchased until such time as payment is made or the Contract is terminated.
3.5. The total price payable is exclusive of Value Added Tax (and any other applicable taxes or duties) which shall be added at the applicable rate where necessary.
3.6. All payments are non-refundable other than as set out in paragraph 4.5 below.
Term and Termination:
4.1. The Contract shall continue until the end of the Programme when the Contract shall expire other than for the Terms that are specifically stated to remain in force.
4.2. Either of us may terminate the Contract on written notice to the other with immediate effect if at any time:
4.2.1. The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or
4.2.2. The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offense (other than a road traffic offense); or
4.2.3. The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.
4.3. On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining installments regardless of the point at which the Contract is terminated).
4.4. Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
4.5. Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.
4.6. Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
4.7. This paragraph 4 shall survive termination of the Contract.
4.8. Where the Contract expires, this shall be treated as a termination for the purposes of paragraph 4.7 and all other paragraphs that refer t
Liability:
5.1. Nothing in this paragraph 5 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
5.2. We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing the Programme.
5.3. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the Programme.
5.4. If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
5.5. We shall not be not liable for additional costs incurred by you as a result of changes in (i) the Programme, (ii) any other content, (iii) the location of venues, (iv) the time and date of sessions or (v) trainers, coaches or consultants.
5.6. The provisions of this paragraph 5 shall survive termination of the Contract.
5.7. You acknowledge and agree that:
5.7.1. The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Programme (which shall be deemed to have been terminated by mutual consent);
5.7.2. In entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Programme other than as expressly set out in the Contract.
General
6.1. By registering for our Programmes, Courses or services you warrant that:
6.1.1. You are legally capable of entering into binding contracts; and
6.1.2. You are at least 18 years old; and
6.1.3. That all information you provide us with is materially true and accurate at all times and not misleading in any way.
6.2. You accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
6.3. We may vary these Terms (other than the price payable by you for the Programme or service) as we see fit from time to time and if we do, we shall notify you by email of the change of terms. Your continuation with the Programme or service will be deemed to be your acceptance of any new Terms.
6.4. The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under the Contract.
6.5. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
6.6. If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.
6.7. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
6.8. A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
6.9. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.
6.10. The Contract 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 English law.
6.11. We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
6.12. Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.
CONTACT US
You can contact us by email on admin@kenleycollege.com
Thank you for visiting our sites.
Last updated: January 10, 2021
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