Our Terms and Conditions of Service
These terms (together with the documents referred to in here) are the terms and conditions on which The Presentation Maestro (we, us and ours) supply to you any of the Programmes and supporting materials (Programmes) listed on our website www.presentationmaestro.com & www.presmasterclass.co.uk (our sites) and represented by our most current promotional literature. Please read these terms and conditions carefully before ordering any Programmes from our site. You should understand that by ordering any of our Programmes, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1, Information about us
1.1 presentationmaestro.com & www.presmasterclass.co.uk are sites operated by The Presentation Maestro which is the trading name of Trigg Lord Enterprises Limited (TLE Ltd) (We). We are registered in England and Wales under company number 11278967 and with our registered office at 3 Inchbrook Mill, Giddynap Lane, Inchbrook, Stroud, GL5 5EZ. Our main trading address is 25 Great Barrington, Burford, Oxon, OX18 4US.
2. Your status By placing an order through our site, you warrant that:
a) You are legally capable of entering binding contracts; and
b) You are at least 18 years old;
3. How the contract is formed between you and us
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to ‘buy’ a Programme (training or coaching). All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Programme you have ordered has been agreed (Confirmation). The contract between us (Contract) will only be formed when we send you the Confirmation.
3.2 The Contract will relate only to those Programmes which we have confirmed in the Confirmation. We will not be obliged to supply any other Programmes which may have been part of your order until we have confirmed in a separate Confirmation.
4, Consumer rights
4.1 You may transfer to an alternative Open Programme, for a transfer fee of £50 unless it is within two weeks of the original agreed Open Programme date, in which event a transfer fee of £100 will be payable by you in advance of the new Open Programme date.
4.2 If an In-house Programme is postponed by you but is rescheduled and runs within 30 days of the original Programme date, no fee will be payable by you.
4.3 If an In-house Programme is postponed by you for between 30 and 60 days from the original date an additional 25-50% fee will be payable by you and will be agreed at the time of booking
4.4 If an In-house Programme is postponed by you and we cannot find a mutually agreeable date within 60 days of the original date an additional 50% fee will be payable by you in advance of the new Programme date.
4.5 The provisions of this clause 4 do not affect your statutory rights.
5. Risk and title
5.1 Your ability to attend the Programme you have ordered and we have confirmed in the Confirmation, will be at your risk from the time of dispatch of the Confirmation. Your entitlement to attend the Programme will only arise when we have dispatched the Confirmation and we receive full payment of all sums due in respect of the Programmes.
6. Price and payment
6.1 The price of any Programme will be as quoted on our site from time to time or on our promotional literature, or in a written proposal except in cases of obvious error.
6.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
6.3 Where workshops are advertised as complimentary or free, the workshops are free of charge.
6.4 Our site and promotional literature refer to several Programmes and it is always possible that, despite our best efforts, some of the Programmes listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Programme’s correct price is less than our stated price, we will charge the lower amount when dispatching the Confirmation to you. If a Programme’s correct price is higher than the price stated on our site or in our promotional literature, we will normally, at our discretion, either contact you for instructions before dispatching the Confirmation, or reject your order and notify you of such rejection.
6.5 We are under no obligation to provide the Programme to you at the incorrect (lower) price, even after we have sent you a Confirmation if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
6.6 Payment for all Programmes must be by credit or debit card, BACS or CHAPS transfer and received by us in cleared funds prior to your attendance on the Programme. We accept payment with Visa and MasterCard. We will not charge your credit or debit card until we despatch the Confirmation.
6.7 We are not liable for any price differences that may arise as a result of delegates booking Programmes with us at different times or subject to different promotions from time to time.
6.8 Retainers and Coaching Programmes, payment terms to be agreed at time of booking.
7. Our cancellation policy
7.1 Should we need to cancel an Open Programme you will be offered a priority place on the next scheduled Open Programme.
7.2 Should we need to reschedule an in-house Programme, retainer or Coaching Programme we will reschedule at a mutually convenient date as soon as possible after the original scheduled date.
7.3 Should you cancel an in-house booking within 2 weeks of the agreed dates 100% of the fees are payable
7.4 Should you cancel an in-house booking between 2 to 4 weeks of the agreed dates 50% of the fees are payable
8, Our liability
8.1 We warrant to you that any Programme and Programme materials purchased from us through our site is of satisfactory quality and reasonably fit for the purpose for which the Programme is supplied.
8.2 You should notify us (as provided for in clause 10 below) if you are unhappy with any part of the Programme within 30 days of your attendance on the Programme.
8.3 Our liability for losses you suffer as a result of us breaking the Contract is strictly limited to the purchase price of the Programme which you purchased.
8.4 This does not include or limit in any way our liability:
a) for death or personal injury caused by our negligence;
b) under section 2(3) of the Consumer Protection Act 1987;
c) for fraud or fraudulent misrepresentation; or
d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to loss of income or revenue, loss of business, loss of profits, contracts or potential contracts.
8.6 We are not liable for additional costs due to changes in Programmes, content, venues or trainers. Every effort will be made to provide reasonable notice where possible.
9 Written communications
9.1 When using our site, 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 website. 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.
9.2 By registering for any of our events or through our contact us page you will be signed up for our regular email updates tips and videos, which you can cancel at any time using the unsubscribe option at the bottom of each email.
10. Notices
All notices given by you to us must be given to The Presentation Maestro, 25 Great Barrington, Burford, Oxon OX18 4US. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 9. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
11, Transfer of rights and obligations
11.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
11.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
11.3 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.
12, Events outside our control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock- outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
13. Intellectual Property Rights
13.1 All intellectual property rights (including, without limitation, copyright, moral rights, design rights, trademarks and patents) and all other rights in the Programme content and Programme materials belong to us. We licence to you all such rights on a non-exclusive basis for the purpose only of enabling you to attend, participate and, where you are able, to complete the Programme. You are also permitted to use small extracts of the Programme content and Programme materials for your personal use as a coach only. Reproduction or distribution of the Programme content and Programme materials is strictly prohibited.
13.2 Use of our logo is strictly prohibited without our prior written consent.
13.3 Audio and visual recordings of our Programmes is strictly prohibited without our prior written consent.
13.4 Occasionally we may film or record Programme trainers delivering the Programme during your attendance. You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent.
13.5 You acknowledge that certain information contained in the Programme and Programme materials is already in the public domain.
13.6 Delegates are not permitted to sell or promote products or services at The Presentation Maestro’s events without prior written permission.
14. Confidentiality
14.1 Save as required by law or in respect of information which is already in the public domain through no breach by you of the provisions of this clause 14, you shall keep in strict confidence all technical and commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to you by us (or our employees, agents, consultants or sub-contractors) and any other confidential information concerning our business or the Programme or Programme materials which you may obtain.
14.2 You shall not use any such information for any purpose other than to attend, participate and, where capable, complete the Programme.
15. Data Protection
15.1 You agree that we may use your personal data in accordance with and subject to the Data Protection Act 1998, and from 25th May 2018 the General Data Protection Regulations – you can view a copy of our Privacy Policy here.
15.2 We may send you information from time to time regarding new Programmes and opportunities. If you do not wish to receive such information, please contact us on support@presentationmaestro.com.
15.3 Signing up for the Programme entitles you to our free email updates, tips and videos. You can unsubscribe from these at any time using the unsubscribe link at the bottom of each email.
16. Termination
We reserve the right to terminate the Contract immediately without liability if:
16.1 subject to clause 16.2 below, you fail to complete the Programme within 18 months of the date of Confirmation or, where we have given our prior written consent, within 24 months of the date of Confirmation;
16.2 in our opinion you cause disruption on any Programme or take any action which brings us (or any of our employees, agents, consultants or sub-contractors) into disrepute or adversely affects our goodwill or reputation.
17. Waiver
17.1 If we fail to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, 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.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.
18. Severability
If any of these terms and Conditions or any provisions of a Contract 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.
19. Entire agreement
19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
20. Our right to vary these terms and conditions
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
20.2 You will be subject to the terms and conditions in force at the time that you order Programmes from us, unless we notify you of the change to these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Confirmation).
21. Law and jurisdiction
Contracts for the purchase of Programmes through our site, our social media or by other medium and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law and all disputes and claims shall be subject to the exclusive jurisdiction of the courts of England and Wales.