Terms and Conditions

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When enrolling in a service or purchasing an online product with Neale Bergman you are accepting these terms and conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Neale Bergman's relationship with you in relation to this website, products and services. If you disagree with any part of these terms and conditions, please do not use our website or purchase any products, services or enrol onto courses.

All correspondence is requested to be over email Neale Bergman] to allow for most efficient reply duration. Alternatively, contact can be made using 07305354203

Neale Bergman’s registered office address is 48 Channel Park Avenue, Plymouth, PL3 6LJ. This is an office address only, and no training takes place at this address.

Updates. This page displays the most current version of Neale Bergman Terms and Conditions. Please also check the Privacy Policy, HERE.

1.INTRODUCTION +

1.1  These terms and conditions (the "Terms") and any credit approval application ("Credit Application") are the basis of the contract (the "Contract") between Neale Bergman ("Neale Bergman "/"us"/"we"/"our") and you.

1.2 We may amend these Terms from time to time. Every time you wish to make a booking with us, please check these Terms to ensure you understand the terms which will apply at that time.

2. APPLICATION OF THESE TERMS: +

APPLICATION OF THESE TERMS:

2.1 Payment of the requisite fee (as detailed below) is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.

2.2 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.

2.3 We have the right to revise and amend these Terms from time to time. You will be subject to our Terms (including policies and procedures) in force at the time that you enrol on a course with us, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case the same will apply to courses you have enrolled on or started.

2.4 If you do not provide us with the requisite information, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may make an additional administration charge of a reasonable sum to cover any extra work that is required or choose to cancel this Contract.

3. APPLICATION, ENROLMENT AND PAYMENT +

APPLICATION, ENROLMENT AND PAYMENT:

3.1 Applications will only be accepted with payment of the deposit or full payment, although please note that some services and products require payment of the full fee. Please note that any deposits are non- refundable.

3.2 The online portal has lifetime access from the moment of payment unless stated otherwise in your registration journey. You are able to complete this product in your own time and at your own leisure.

3.3 Each product has a varying time of delivery, after payment has been received

3.4 Some services and products are entirely digital and there is instant access from the moment of payment. Instant Access can take up to 1 hour to process. If your registration has been complete but you have still not received your email from Neale Bergman after one hour, make sure you check your spam folder, then please do contact the Neale Bergman Team on neale@nealebergman.com

3.5 Prices are subject to change from time to time, however you will be charged the price that is currently advertised or that which has been agreed with you.

3.6 Special offers. From time to time Neale Bergman may announce special offer prices of courses to the clients who but the product/ services within a certain period of time with dates defined clearly in the special offer terms. Only one special offer will be honoured at a time unless agreed otherwise by a member of the Neale Bergman sales team. If you have purchased a course and then find that this course has subsequently been offered at a different price or incorporating different components you will not be entitled to the special offer price or course package.

3.7 The client is required to inform Neale Bergman about any card detail changes and provide new card details in case of name change, card expiry date change or if the event that the card was lost or stolen.

4. LATE PAYMENTS +

LATE PAYMENTS:

4.1 Where payments are made by agreed instalments and those instalments have not been paid on the due date, we reserve the right to withhold the access to materials, resources, and support, until outstanding sums are paid. No refund of any fees paid by you will be made. We also reserve the right to charge interest on late payments at a rate of 4% above the base rate from time to time of Nationwide Bank (or other UK clearing bank) as may be notified to you accruing on a daily basis until payment is made. If you are a business, we additionally reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

5. CHANGES AND CANCELLATIONS BY YOU +

CHANGES AND CANCELLATIONS BY YOU:

5.1 Cancellation under the Distance Selling Regulations

5.1.1 If you are a consumer and make a booking/purchase via our website or by telephone, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) (‘Distance Selling Regulations’) during the period set out in clause. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to purchase a service/ product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office

5.1.2 If you exercise your legal right to cancel under the Distance Selling Regulations, you will receive a full refund of the price you paid when booking and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described clause

5.1.3 Your legal right to cancel a Contract starts from the date when a booking is made - which is when the Contract between us is formed. You have a period of 7 (seven) working days in which you may cancel the booking, starting from the day after the day when the booking is made. Working days means that Saturdays, Sundays or public holidays are not included in this period.

5.1.4 If your service/ product is due to start within 7 (seven) working days of when a booking is made, your legal right to cancel under the Distance Selling Regulations will not apply.

5.1.5 In relation to digital products, there are no refund available on this products. If you are not satisfied with the product and it does not meet your expectations then you can liaise with the Neale Bergman team [neale@nealebergman.com].

5.2 Other rights of Cancellation.

5.2.1 We understand that occasionally, due to unforeseen circumstances, applicants may need to alter or cancel their arrangements. In these cases every effort will be made to accommodate the change, although please be aware that it may not always be possible. There may also be a delay in enrolling you onto an alternative product/ service . To request an alteration or to cancel your booking you must send a letter of cancellation, together with an alternative booking (where applicable) to our Head Office no later than 28 days before the start of the original service/ product.

5.3 Any alterations and/or cancellations are at our discretion and are subject to an administration fee, as outlined below.

5.4 Provided your request is received by us within the time frame specified above then:

5.4.1 where you wish to transfer to an alternative service/ product and we are willing accommodate your request then any fees paid, including the deposit, will be transferred to the alternative service/ product; or

5.4.2 where you wish to cancel your service/ product but do not wish to enrol on an alternative, where approved, we will refund you the balance of the fees paid, less the deposit.

5.5 For attendance courses no refund will be given for changes or cancellations made with less than 28 days’ notice of the start of the service/product, and under no circumstances will the deposit be refunded.

5.6 In cases where a refund of fees is due, this will be returned to you (at our election) either by cheque or a direct refund on to the credit/debit card used as the original method of payment. Any administration fee will be deducted from the amount refunded. We will aim to make this payment within 30 days of you notifying us of the cancellation.

5.7 We reserve the right to make additional charges on cancellation to cover costs incurred by us in respect of materials, Payment processes, and/or time. You will be notified of any charges that may be applicable on cancellation.

5.8 In the event of a physical workshop, session; if you fail to attend and fail to inform us that you will not be attending, you will have to re-book the service/product and pay the full fee once again. If you fail to attend and have outstanding payments you will still be required to pay in full, without receiving the product or service.

6. CHANGES AND CANCELLATIONS BY US +
CHANGES AND CANCELLATIONS BY US:

6.1 If circumstances arise that are beyond our control, it may be necessary from time to time to change/cancel the service delivery dates, content, venues and prices from those published. Whilst we will make every effort to transfer your booking to the next available course at your preferred venue, it should be noted that we will not be held liable for any costs/losses incurred as a result of any such changes. If we are no longer able to provide your service, we will ask you to return any physical materials to us (at our expense) in the condition as originally delivered to you and refund to you any fees paid to date when we receive the materials as required.

6.2 We reserve the right to remove from any service or product, clients that fail to comply with its standard practices and procedures. We reserve the right to refuse bookings and purchases and/or suggest alternative arrangements if we believe that it will not be in our best interests of other participants and/or the individual concerned to purchase one of our services/products.

7. LIABILITY +

LIABILITY:

7.1 If you are a business, subject to clause 7.4, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

7.1.1 any loss of profits, sales, business, or revenue;

7.1.2 loss or corruption of data, information or software;

7.1.3 loss of business opportunity;

7.1.4 loss of anticipated savings;

7.1.5 loss of goodwill; or

7.1.6 any indirect or consequential loss.

7.2 In any event, our liability to you in respect of any claim made will not exceed the fee paid by you.

7.3 If you are a consumer, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

7.4 We do not in any way exclude or limit our liability for:

7.4.1 death or personal injury caused by our negligence;

7.4.2 fraud or fraudulent misrepresentation;

7.4.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

7.4.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

7.4.5 defective products under the Consumer Protection Act 1987.

7.5 Every effort is made to keep the website up and running smoothly. However, the Neale Bergman team takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

8. INTELLECTUAL PROPERTY +

INTELLECTUAL PROPERTY:

8.1 All written materials supplied by us, belong to us until payment in full has been received.
8.2 All materials and any online subscriptions and electronic or hard copy resources are provided solely for your personal use in connection with your course, and are not permitted to be distributed to others. They remain the intellectual property of Neale Bergman, and/or the relevant author.

8.3 Online log-ins are for your use only, and are not allowed to be shared with others.

8.4 If the Neale Bergman team suspect misuse of this log-in and intellectual property usage, then we reserve the right to suspend your product or service with immediate effect, and no refund. Following investigation into the matter you may have the service re-instated or cancelled, with no refund available.

9. EVENTS OUTSIDE OUR CONTROL +

EVENTS OUTSIDE OUR CONTROL

9.1 A party shall not be in breach of this agreement, nor liable for any failure or delay in performance of its obligations under this agreement to the extent that such delay or non- performance is due to circumstances beyond that party’s reasonable control.

9.2 Neale Bergman endeavour to book quality training venues at convenient times and dates. However from time to time these may change and this may be outside of our control

9.3 Extreme weather conditions. It is very unlikely that your course will be cancelled relating purely to bad weather conditions. This will only be the case if the venue is affected or have restricted access. If for any reason, the attendance days are cancelled - you will be told with as much notice as possible, and a replacement date will be arranged. If you cannot attend, due to bad weather, or even down to other situations, then the service will not be repeated for you. however, your tutor will be able to give you a summary of the topics covered. We do not want you to take any unnecessary risks when considering whether to travel to the attendance days or not. As adults, we ask you to think responsibly before travelling through any bad weather conditions. Neale Bergman do not accept any liability of injuries, losses or damage that occurs when travelling to or from the attendance day venues.

10. RESULTS DISCLAIMER +

RESULTS DISCLAIMER:

Every effort has been made to accurately represent our products and their potential.

10.1 There is no guarantee that you will achieve a specific result using the techniques and ideas in these materials, products and services. Examples in these materials are not to be interpreted as a promise or guarantee of results. Potential is entirely dependent on the person using our products, ideas and techniques. We do not position these services and products as a "done-for-you" service.

10.2 Any claims made of client successes or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials, products and services depends on the time and commitment you devote to the product, service or materials purchased. Since factors differ according to individuals, we cannot guarantee your success or level of results. Nor are we responsible for any of your actions.

10.3 Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential results or performance.

10.4 Any and all forward looking statements here or on any of our sales material are intended to express our opinion of results potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.

11. MISCELLANEOUS +

MISCELLANEOUS:
11.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
11.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
11.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
11.4 These Terms shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts.

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