Terms and Conditions
These terms and conditions apply across all of our services we provide and the media we operate (for example, website or social media accounts). For the purpose of this notice, we'll just call them our "services". When we say "personal data" we mean identifiable information about you, like your name, email, address, telephone number, bank account details, payment information, business data and so on. If you can't be identified (for example, when personal data has been aggregated and anonymised for the purposes of research investigations) then this notice doesn't apply. Please read these Terms and Conditions in full and keep a copy for your records by clicking the link here.
Who are we?
Mindset is registered in England and Wales as Mindset Mental Health Ltd. and our company number is 11163723. We prefer trading under "Mindset". When we refer to "we" or "our" or "us", that means Mindset and all of our consultants or trainers. Mindset was established in 2017 by Ellice Whyte ([email protected]). We provide business psychology consultancy services. Mindset exists to improve organisational effectiveness, helping staff realise their own potential, thrive in their environment and achieve their best outcomes. To find out more about what we do, see our website: www.mindsetbps.com Mindset's terms and conditions aim to present a fair and sustainable structure to all. We are committed to the safety of all persons and deliver to the highest standard of service. Please read these in full and accept in writing if you accept and wish to proceed with your services. Payment of invoices will also be considered as accepting these terms.
1. Intellectual property
1.1 All training and materials we provide, including graphics, text products, design, video and audio, are owned by Mindset or an awarding organisation (BeTalent, MHFA England, Thrive) under licence. 1.2 Ownership: All intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, and any other proprietary rights, relating to the content, materials, and services provided on this platform, are the sole property of the respective owners. 1.3 Limited License: By accessing or using this platform, you are granted a limited, non-exclusive, non-transferable license to use the intellectual property for personal or non-commercial purposes, subject to compliance with these terms and conditions. 1.4 Prohibited Use: You shall not, without obtaining prior written consent from the intellectual property owner: a. Copy, modify, reproduce, distribute, or display any intellectual property; b. Create derivative works based on the intellectual property; c. Use the intellectual property for any commercial purpose or in a manner that could cause harm to the intellectual property owner or their reputation; d. Remove, alter, or obscure any copyright, trademark, or other proprietary notices. 1.5 User-Generated Content: If you contribute any content to the platform, including but not limited to comments, feedback, or suggestions, you grant the intellectual property owner a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such content. 1.6 Reporting Infringements: If you believe that any content on the platform infringes upon your intellectual property rights, you must notify the intellectual property owner in writing, providing sufficient information to identify the allegedly infringing material and its location. 1.7 Disclaimer: The intellectual property owner makes no warranties or representations regarding the accuracy, reliability, or availability of the content, materials, or services provided on this platform. The intellectual property owner shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of the use or inability to use the intellectual property. 1.8 Termination: The intellectual property owner reserves the right to terminate or suspend your access to the platform at any time without prior notice if you violate these terms and conditions or infringe upon the intellectual property rights of others. 1.9 Governing Law and Jurisdiction: These terms and conditions shall be governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales. 1.10 Modifications: The intellectual property owner reserves the right to modify or amend these terms and conditions at any time without prior notice. Your continued use of the platform after any such modifications shall constitute your acceptance of the revised terms and conditions. 1.11 Entire Agreement: These terms and conditions constitute the entire agreement between you and the intellectual property owner concerning the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether oral or written.
2. Booking of services
Please read these terms and conditions carefully before booking any training or consultancy services with Mindset. These terms and conditions govern your use of our services and define the rights and obligations between you and Mindset. By booking our training or consultancy services, you agree to comply with these terms and conditions. 2.1 Service Description: Mindset offers professional training and consultancy services in Business Psychology and Mental Health and Wellbeing. The details of the services, including the scope, duration, and deliverables, will be agreed upon in writing or through a mutually agreed contract. 2.2 Booking and Payment: To book our services, you must submit a formal written request or though our online booking system. Upon acceptance of your booking request, we will provide you with the details regarding payment, including the fees, payment methods, and any applicable terms. 2.3 Confirmation and Cancellation: Your booking will be confirmed once we have received the required payment. If you need to cancel or reschedule the training or consultancy service, you must notify us in writing within a reasonable timeframe. See section five for full details. 2.3 Confidentiality: Any confidential or proprietary information shared during the training or consultancy engagement shall be treated as confidential. You agree not to disclose, reproduce, or use any confidential information without the express written permission of the disclosing party, except as required by law. 2.4 Limitation of Liability: Mindset will provide the training or consultancy services with due care and expertise. However, we shall not be held liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the services provided. 2.5 Termination: Either party may terminate the training or consultancy engagement by providing written notice in case of a material breach of these terms and conditions. Upon termination, any outstanding fees or expenses shall be settled according to the agreed terms.
3. Payment terms
4. Cancelling services
4.1 Amendments or Cancellations by Mindset: Mindset reserves the right to amend or cancel any services, service times, dates, or published prices. In the event of any changes, Mindset will make reasonable efforts to notify you as early as possible before the start date. If you have already paid in full for the services affected by the changes, the price you paid will not be subject to modification. 4.2 Customer Responsibilities for Costs: Any travel, accommodation, or subsistence costs incurred, including incidental costs such as car parking, are solely the responsibility of the customer. Mindset will not be liable for reimbursing any costs incurred by the customer in relation to its services, even in the event of a cancellation. 4.3 Liability for Reimbursement: In the unlikely circumstance that Mindset cancels its services, the provisions outlined in section 4.2 still apply. Mindset does not accept any liability for reimbursement of any costs incurred by the customer whatsoever, regardless of the reason for cancellation. 4.4 Alternative Date or Refund: In the event of a service cancellation by Mindset, customers will be offered an alternative date for the same service or a refund of any fees already paid. 4.5 Customer Cancellation Charges: If the customer cancels a booking after receiving confirmation, the following charges will apply. All cancellations must be submitted in writing via email to [email protected]. 4.6 Non-Notification of Non-Attendance: If the attendee(s) cannot attend a course and no prior notification has been provided as outlined below, the full fees for the service remain payable. 4.6 Cancellation Notification Period: a. For services scheduled within 1-5 working days of the cancellation notification: 100% of the service fees will be charged. b. For services scheduled within 6-10 days of the cancellation notification: 75% of the service fees will be charged. c. For services scheduled within 11-14 days of the cancellation notification: 50% of the service fees will be charged. d. For services scheduled within more than 14 days of the cancellation notification: No cancellation charges will apply. 4.7 Notification of Non-Attendance: If the customer or attendee(s) are unable to attend a scheduled service, it is their responsibility to inform Mindset in writing via email to [email protected] as soon as possible, indicating the reason for non-attendance. 4.8 By booking our services, you acknowledge that you have read, understood, and agreed to be bound by these reschedule/cancellation terms and conditions. If you have any questions or concerns, please contact us for clarification before making a booking or cancellation.
5. Rescheduling services
Please read these terms and conditions carefully before requesting to reschedule any services provided by Mindset. These terms and conditions govern the rescheduling process and define the rights and obligations between you and Mindset. By requesting a reschedule, you agree to comply with these terms and conditions. 5.1 Rescheduling Requests: If you need to reschedule a service, you must submit a formal request in writing by email. The request should include the details of the original service, the desired new date or time, and any other relevant information. 5.2 Approval and Confirmation: Rescheduling requests are subject to approval by Mindset. We will review the request and respond in a timely manner, either confirming the new date or proposing an alternative if the requested date is not available. The rescheduling is considered confirmed only upon receiving written confirmation from Mindset. 5.3 Availability: The rescheduling of services is subject to the availability of Mindset. We will make reasonable efforts to accommodate your request, but we cannot guarantee the availability of specific dates or times. Alternative options may be proposed in case the desired reschedule is not possible. 5.4 Rescheduling Fees: In some cases, rescheduling services may incur additional fees. These fees, if applicable, will be communicated to you along with the confirmation of the rescheduled date. Payment for any rescheduling fees should be made as specified by Mindset. 5.5 Rescheduling Notification Period: a. For services scheduled within 1-5 working days of the reschedule notification: 100% of the service fees will be charged. b. For services scheduled within 5-10 working days of the cancellation notification: 50% of the service fees will be charged. c. For services scheduled within more than 14 days of the cancellation notification: No rescheduling charges will apply. 5.6 Limitations on Rescheduling: Mindset reserves the right to limit the number of rescheduling requests or impose restrictions on rescheduling services. Such limitations or restrictions will be communicated to you before or during the booking process. 5.7 Cancellation versus Rescheduling: If you request to reschedule a service but later decide to cancel it instead, our standard cancellation terms and conditions will apply. Please refer to section four for more information. 5.8 Timely Notice: It is your responsibility to request a reschedule with reasonable notice. We recommend submitting rescheduling requests as early as possible to increase the likelihood of accommodating your preferred date or time. Late rescheduling requests may be subject to limitations or additional fees.
6.1 Prompt Notification: We kindly request that you inform us in writing at your earliest opportunity if you anticipate that you or any of your employees will be late for any scheduled training or consultancy services. This notification allows us to make necessary arrangements and adjustments to accommodate the late arrival. 6.2 Reasonable Lateness: We understand that unforeseen circumstances may occasionally cause unavoidable delays. In such cases, we will make reasonable efforts to accommodate a delayed arrival, subject to the overall impact on the training or consultancy session and the discretion of Mindset. 6.3 Unreasonable Lateness: Any unreasonable lateness that significantly disrupts the training session or prevents effective participation may result in the learner being withdrawn from the training. Unreasonable lateness includes situations where the delayed arrival would have a detrimental impact on the overall learning experience, cause disruptions to other participants, or compromise the objectives of the training or consultancy session. 6.4 Rescheduling Charges: If a learner is withdrawn from a training session due to unreasonable lateness, rescheduling charges may apply. These charges cover the costs associated with rebooking and rescheduling, as well as the additional resources required to accommodate the delayed learner. 6.5 Notification Responsibility: It is your responsibility to notify us in writing of any anticipated lateness as soon as possible. Please ensure that your notification includes the reason for the lateness and any relevant details that will assist us in making appropriate arrangements. 6.6 Timeliness Expectation: We strongly encourage all participants to arrive on time for scheduled training sessions. Timeliness ensures the smooth running of the session and allows everyone to benefit fully from the training content and activities.
7. Additional needs
7.1 Accessibility and Diversity: Mindset aims to ensure that our services are accessible to all individuals, regardless of their diverse backgrounds and learning styles. We celebrate diversity and recognise the importance of accommodating specific needs to create an inclusive learning environment. 7.2 Notification of Specific Needs: If you have any specific needs or requirements that may affect your participation in our services, we kindly request that you advise us at your earliest convenience. By informing us, we can better understand your requirements and make necessary arrangements to accommodate them effectively. 7.3 Discussion of Requirements: Upon receiving information about your specific needs, we may contact you to discuss your requirements in more detail. This discussion may involve gathering additional information to ensure we fully understand how best to support you during the service delivery. 7.4 Customer Responsibility: It is the responsibility of our customers to inform Mindset about any specific needs or requirements they may have as near to the time of booking as possible. Timely notification allows us to make appropriate preparations and adjustments to meet your needs effectively. 7.5 Reasonable Accommodations: Mindset will make reasonable efforts to accommodate specific needs within our capabilities. However, please note that the extent of accommodation may be subject to practical limitations or other factors beyond our control. 7.6 Confidentiality: Any information you provide regarding your specific needs or requirements will be treated with the utmost confidentiality. We will only share this information with relevant individuals directly involved in delivering the services and will not disclose it to any third parties without your explicit consent, except as required by law.
8. Equal Opportunities
9. Complaints and Grievances
These Complaints and Grievances Terms and Conditions outline the procedure for making a complaint or raising a grievance related to our services. By engaging with our services, you acknowledge and agree to comply with these terms and conditions. 9.1 Complaints and Grievances Procedure: We are committed to addressing complaints and grievances promptly, fairly, and in accordance with the principles of natural justice. If you have a complaint or grievance, please follow the procedure outlined below: a. Informal Resolution: In the first instance, we encourage you to attempt an informal resolution by discussing your concerns directly with the relevant individual(s) involved. This allows for a quick and amicable resolution. b. Formal Complaint/Grievance: If an informal resolution is not possible or you are dissatisfied with the outcome, you may proceed with a formal complaint or grievance. Submit your complaint or grievance in writing, providing clear details of the issue, relevant parties involved, and any supporting evidence. Send the complaint/grievance to the designated contact person as communicated by us. 9.2 Confidentiality: We will treat all complaints and grievances with confidentiality to the extent reasonably possible. However, it may be necessary to share relevant information with individuals directly involved in the investigation or resolution process. 9.3 Investigation and Response: Upon receiving a formal complaint or grievance, we will initiate an impartial investigation. We will aim to respond to your complaint or grievance within a reasonable timeframe, keeping you informed of the progress. The response will include the outcome of the investigation and any actions taken or proposed to address the issue. 9.4 Appeal Process: If you are dissatisfied with the response or outcome of the investigation, you may have the right to appeal. The appeal process, including the timeframe and contact person, will be communicated to you in the response to your complaint or grievance. 9.5 Good Faith: We expect all parties involved in the complaints and grievances process to act in good faith and provide accurate and truthful information. Any false or malicious complaints or grievances may result in appropriate action being taken. 9.6 Time Limit: To ensure timely resolution, please submit your formal complaint or grievance within a reasonable period from the date of the incident or issue. We reserve the right to reject complaints or grievances submitted after an unreasonable delay. 9.7 Documentation and Records: We will maintain documentation and records of all complaints and grievances received, including details of the investigation, response, and any actions taken. These records will be stored securely and in compliance with applicable data protection laws.
10. Limitation of Liability
10.1 Under no circumstances will we, or any of our group companies, employees, officers, agents, or any other organisation involved in creating, producing, maintaining, or distributing the services be liable for any loss of: a. Profits b. Business or business opportunities c. Savings you expect to make d. Goodwill e. Use of, or corruption of information 10.2 Service Suitability: While we strive to be clear about the services we can provide and manage expectations, it is your responsibility to ensure that our services meet your criteria before reserving them. Mindset does not accept liability for services being unfit for purpose once we have agreed on the services to be provided. 10.3 Exclusion of Liability: To the fullest extent permitted by law, we exclude all liability for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the services provided or any use thereof. 10.4 Third-Party Services: We may engage or recommend third-party services or products as part of our services. However, we do not accept any liability for any loss, damage, or dissatisfaction arising from the use of such third-party services or products. Any issues or disputes with third-party services should be addressed directly with the relevant third-party provider. 10.5 Force Majeure: We shall not be liable for any failure or delay in the performance of our obligations under these terms and conditions if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, labor disputes, and technical failures. 10.6 Maximum Liability: If, notwithstanding the other provisions of these terms and conditions, we are found to be liable to you or any third party for any damage or loss that arises out of or is in any way connected with the services provided or the use thereof, our maximum liability shall not exceed the amount paid by you for the services in question. 10.7 Indemnification: You agree to indemnify, defend, and hold us and our affiliates, employees, officers, agents, and contractors harmless from any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising out of or in connection with your use of our services or any breach of these terms and conditions.