1.Limitation of liability

Notwithstanding any other provision in this Agreement, nothing will limit your statutory rights; or will exclude or limit company’s liability for:

Death or personal injury resulting from negligence

Fraud or fraudulent misrepresentation

Any matter for which it would be unlawful for the company to exclude or attempt to exclude its liability

The Company will not be liable, in contract or tort in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for:

Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)

Any loss of goodwill or reputation; or

Any special or indirect losses; or

Wasted management or office time

Any other loss or damage of any kind suffered as a result of or incurred arising out of or in connection with the provision of the Services in terms of this Agreement even if such losses are foreseeable or result from a breach by the Company or as a result of any action we have taken in response to any breach by the Member.

The Member hereby releases and hold the company, its agents, representatives and employees harmless from all liability, which they may at any time, have to the Member (except for gross negligence) resulting from:

The training and/or any portion of the training in which the Member voluntarily participates

Any negligent acts or omissions

Actions

Damages

Proceedings

Claims

Costs

Demands

2.Force Majeure

If the Company is prevented or impeded from performing any of its obligations as a result of an event over which the company has no control (‘Force Majeure’) it shall promptly give notice to you stating the circumstances consisting of such event of Force Majeure and the extent and likely duration whereupon such obligations shall be suspended for as long as the event of Force Majeure continues.

If the Company is affected by an event of Force Majeure shall make every reasonable effort to minimise the effects thereof and shall promptly resume performance as soon as reasonably possible after removal of the event of Force Majeure.

Where the period of non-performance in relation to any event of Force Majeure exceeds 30 Days from the date of notice of such event of Force Majeure then you or the Company may by written notice terminate this Agreement forthwith.

3.Cooling Off Period

This order form/agreement shall be voided if you advise us in writing, within seven/fourteen (7/14) working days of signing the order form, that you no longer wish to receive our training services. In those circumstances only we will refund to you all monies or part thereof, which you have paid to us under this agreement within thirty (30) business days of receipt of such cancellation notice.

You further acknowledge and agree that outside of the seven/fourteen (7/14) working days cooling off period; if, at any time or for whatever reason, you decide you do not wish to receive the products and/or services, you will not be eligible for a refund of any monies you have paid to us under this agreement and the balance of the fees set out in the Order Form will become due immediately and payable by you.

4.Complaints Handling

Should you have a problem or complaint we want to know. Most problems can be dealt with by sending a letter to the address for notices given below. The Company will endeavour to investigate all complaints and respond as quickly as possible. The Company will acknowledge receipt and confirm the timescales for a full response when a complaint is received.

For correspondence, Contact:

Breakthrough Academy
Pell Street, Surrey Quay, London, SE8 5EN

This was correct and updated 12th March 2019