The Curiosity Approach Academy

TERMS AND CONDITIONS

By accessing the website at www.thecuriosityapproach.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law. We are committed to protecting your data and to complying fully with the terms of GDPR 2018. We will not sell, share, or rent your data to any third party.

1. DEFINITIONS

• You: refers to the member/client or You as the Director/Agent of the business: By accessing the Site you are deemed to have accepted these terms. Where the context so requires, YOU or YOUR includes your Authorised Users.
• Us, We, or Our: The Curiosity Approach Limited incorporated and registered in England and Wales. You can contact us via email at [email protected]
• Agreement: the terms and conditions set out in this document, any variations agreed between us and any additional terms notified before use of the Services.
• Authorised Users: Authorised Users includes any person in your business that we have agreed with you is or are to benefit from your subscription, membership or service you have purchased.
• Intellectual Property Rights: These rights include, without limitation, patents, trademarks, trade names, design rights, copyright (including rights in computer software), database rights, rights in know-how and other intellectual property rights, in each case whether registered or unregistered, which may subsist anywhere in the world.
• Subscription: the term we use to describe the services you have purchased from us
• Services: includes hosting services and provision of know-how, as the context requires, that we provide to allow you to access and use the material, information, content and know-how.
• Start Date: The date the Subscription Period /Service starts.
• Subscriber Data: The data input by you or given to us by you.
• Subscription Fee: The subscription fee for any and all of the Services we provide to you.
• Subscription Period: The period in respect of which a Subscription Fee is payable for any Service.
• Training: means either online training or an in person training session.

2. SUBSCRIPTIONS & TRAINING

• You can subscribe to any of products or services by registering online via our website by using our online ordering process, by completing a form at one of our events or through confirming your purchase with one of our team members who will complete the order on your behalf. Subscriptions & Training include, but are not limited to:
• Curiosity Approach Accreditation Tool Kit
• Curiosity CRIB
• Curious Resource
• Pocket-Size Training (via The Lounge)
• Curiosity Approach Network Training
• Curiosity Approach Practitioner Course
• We will send you written email confirmation of your order and where appropriate, an account name and password for you and any authorised users. Your use of, or access to materials, products, and services that form part of the subscription or training you have purchased, shall be conclusively deemed acceptance of these terms and conditions and any subsequent modification until such time as you have exercised your rights to terminate the service in line with the termination clauses set out in Clause 10 of these terms and conditions. Terms relating to the Payment of your subscription are set out in Clause 9 of these terms and conditions.

3. AUTHORITY & LICENSE

• We authorise you and your Authorised Users to have access to our content and materials in accordance with your chosen product or Subscription option and for which You agree to pay us the Fee.
• This Agreement (including the licences hereunder) starts on the Start Date of your purchased product or subscription and ends on the first of the following events:
  the end of the Subscription Notice Period (unless terminated otherwise in accordance with these terms and conditions); or termination of this Agreement (again, in compliance with these terms and conditions)
• For the avoidance of doubt, the start date of your subscription commences on the date of purchase unless otherwise stated in the Clause specific to the service you purchased found within these terms and conditions.
• We hereby grant you on the basis of these terms and conditions a non-exclusive, non-transferable licence to access our material and content solely for your business purposes (and for the avoidance of doubt, nothing in these terms grants to you any rights whatsoever in or relating to the source code of the Software or any Intellectual Property Rights).
• We confirm that we have all the rights in relation to the software, material and content that are necessary to grant all the rights we purport to grant under these terms and conditions.
• You may search, view, copy and print out material from our website(s) for your own business purposes only. You may not re-package or re-sell the content or information in any format without prior written agreement from us.

4. DISCLAIMER

The materials on The Curiosity Approach’s website are provided on an ‘as is’ basis. The Curiosity Approach makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, The Curiosity Approach does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

5. LIMITATIONS

In no event shall The Curiosity Approach or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on The Curiosity Approach’s website, even if The Curiosity Approach or a The Curiosity Approach authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

You will take reasonable steps to ensure that nobody other than Authorised Users accesses the know-how or Services using accounts created with Your username and password.

6. ACCURACY OF MATERIALS

The materials appearing on The Curiosity Approach’s website could include technical, typographical, or photographic errors. The Curiosity Approach does not warrant that any of the materials on its website are accurate, complete or current. The Curiosity Approach may make changes to the materials contained on its website at any time without notice. However, The Curiosity Approach does not make any commitment to update the materials.

7. OUR OBLIGATIONS, GUARANTIES & WARRANTIES

• The content provided and delivered to you has been developed from our experience and expertise. However, we do not give any guarantee or promises or warranty with regard to the results, sales or profits that you will see from putting into practice the techniques and strategies that we teach or support you to implement. Lots of factors will impact the results you get including the time and effort put in, your past experience, skills and reputation.
• You agree that the decision to purchase your Subscription has been taken solely on the basis of your personal judgement and that no representation, warranty, inducement or promise, express or implied, has been made by The Curiosity Approach or relied upon by you in purchasing the Subscription(s).
  No oral or written information or advice given by any of our team will supersede this agreement. You assume sole responsibility for results obtained from the use of our content and for conclusions drawn from such use.
• We warrant that you will not infringe any third party intellectual property rights by using the material and know-how provided and we will indemnify you against losses, costs or expenses You may incur as a result of any claim that the use by you of the know-how and material infringes any third party intellectual property rights, provided you notify us within a reasonable time of any such claim being made. This warranty and indemnity are unlimited.
• We will use our best endeavours to ensure that Subscriber Data is maintained securely and is properly backed-up. In the event of any loss or damage to Subscriber Data, your sole and exclusive remedy shall be that we use our best endeavours to restore the lost or damaged Subscriber Data from the latest back up of such Subscriber Data. We shall not be responsible for any loss, destruction, alteration or disclosure of Subscriber Data caused by any third party (except those third parties sub-contracted by us to perform services related to Subscriber Data maintenance and back-up).
• We will use our best endeavours to ensure that the Services are provided continuously and that access to our website is not interrupted by any event within our control. We will notify you in advance of planned downtime, which, if reasonably practicable, will be scheduled outside normal United Kingdom office hours. However, we assume no liability for any losses you may suffer as a result of any downtime and the Subscription Fee is non-refundable.

8. LIMITATION OF LIABILITY

• Our company, or any member of our team, will not be liable to you, or any other entity, for actions taken in good faith, unless fraud, gross negligence or wilful misconduct is determined.
• We are not liable for any delay or failure in the performance of any of the services or for any loss due to any cause beyond our reasonable control.
• We will not be liable for any amount in connection with this agreement in excess of the amount paid to us in Monthly Fees during the three-month period prior to the date the action arose.
• Nothing in this Agreement excludes our liability for death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation.
• We shall not be liable for any loss of profits, loss of business, depletion of goodwill or similar losses or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising; and
• Our total aggregate 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 this Agreement shall be limited to the Subscription Fee during the 12 months preceding the date on which the claim arose. You acknowledge that this limitation is reasonable.
• We shall have no liability for the performance of any businesses other than The Curiosity Approach Ltd and The Curiosity Approach Network. Any other businesses featured or mentioned on our websites or in our materials are used at your own risk and you should do your own due diligence before entering into any arrangements or contracts with them. Just because a business is a member of The Curiosity Approach for instance, doesn’t mean that they are any good or that they maintain the same high values and ethics as we do.
• We shall have no liability to you under this Agreement if we are prevented from or delayed in performing our obligations under this Agreement or from carrying on business by acts, events, omissions or accidents beyond our reasonable control, including without limitation default of sub-contractors, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or communications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, or inclement weather conditions.

9. CHARGES AND PAYMENT

• The Fees for the Services shall be as set out on the Website or as told to you over the telephone at the time you placed an order for them. Either a one-off payment or a recurring subscription fee.
• The Training Fee will depend on which Training Option you choose. The prices for each Training Option are set out at the point of sale for that Training or on our website from time to time.
• The Subscription Fee will depend on which Subscription Option you choose. The prices for each Subscription Option are as set out at the point of sale for that Subscription or on our website from time to time.
• Payment is due at the point of sale and, where appropriate by monthly or periodic credit card or direct debit payment thereafter.
• Should you choose to cancel your subscription before the end of the Subscription Period, you are still liable to pay the Subscription Fee in full. We do not give, and you are not entitled to receive, any pro-rata refunds. Please refer to Clause 10 – for information about cancelling your Subscription.
• Similarly, if you are paying for your Subscription in instalments then you are liable for, and committed to, making ALL of the instalment payments. You cannot cancel or walk away with instalment payments outstanding.
• Where available you can choose to pay in instalments by selecting the Instalment Option during the ordering process. When we confirm your order, we will confirm your instalment payment amounts and dates.
• Should any Direct Debit/Credit Card payments be returned unpaid you will incur an additional charge of £25+VAT per payment to cover the costs of administering and chasing collection.
• ALL subscriptions will renew automatically at the end of each Subscription Period in line with the specific terms associated with that service/subscription unless agreed otherwise in writing. If you do not want to renew your subscription for another Subscription Period, please contact Us by telephone on 01164 300 200 (Monday to Friday between 9:00am and 5:00pm) talk with us about your decision not to renew. Please see Clause 10 for more information about how to cancel your subscription.
• Subject to us receiving such notice from you, your subscription will end on the last day of the Subscription Notice Period. You must tell us if you do not want to renew your subscription before the renewal date as payment for renewals is processed automatically and once processed is non-refundable.

10. CANCELLATION AND NOTICE PERIODS

• Membership subscriptions can be cancelled at any time by contacting us on 01164 300 200 during our open office hours and talking with one of the team. Following discussion with one of our team members, you will be required to provide notice in writing by emailing [email protected]. Notice cannot be accepted verbally.
• Your subscription will continue until the required length of notice is served
• The length of notice period required to cancel will depend on the type of subscription:

CRIB - no notice period required

CRIB ELITE – (Including Accreditation Tool Kit) two weeks after sign up.

Curious Resource - no notice period required

If you have purchased any online courses from The Lounge or The Academy and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course then you shall have no right to cancel your order.

11. EVENTS

• All Individual Event Tickets are not transferable to any other individual, business or event and non-refundable. It cannot be ‘shared around’.
• Livestream and/or recordings must not be downloaded or copied or shared with anyone outside of your business. Breach of this may result in prosecution for breach of copyright.
• The Curiosity Approach Ltd retains the rights to all material shared with you.
  You may use any such material for the sole purpose of developing and/or furthering the sales and growth of your own business but you cannot share, re-sell, re-purpose or re-distribute any of our content or information to others in any circumstances.
• Any individuals who turn up at events without prior booking or registration will be charged the full ticket price of the event which must be paid before entry.

Refund Policy:

11.1 CANCELLED EVENTS:

No action is needed and you won’t need to reach out to us.

• You will be notified that the event is cancelled
• Your refund is automatically delivered to the same card used for purchase
• Refunds should be received within 7-10 business days after we learn the event has been cancelled

11.2 POSTPONED OR RESCHEDULED EVENTS:

When events are postponed or rescheduled, you’ll need to connect with us.

• You will be contacted with the new event information as soon as we are updated
• Unless notified otherwise, your tickets will be valid for the new event date
• If you are unable to make the new event date you can ask for a refund as per cancelled events.

STATUTORY RIGHT TO CANCEL - TICKETS CANNOT BE CANCELLED, EXCHANGED OR REFUNDED AFTER PURCHASE, EXCEPT IN THE CIRCUMSTANCE SET OUT IN CLAUSE 11.1 OR 11.2

FORCE MAJEURE

The Curiosity Approach Ltd shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, pandemic, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.

12. MODIFICATIONS

The Curiosity Approach may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

13. CONFIDENTIALITY

• You acknowledge that our Confidential Information includes all of our content, materials and Software.
• We acknowledge that the Subscriber Data is your Confidential Information.
• Each party shall use its best endeavours to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed in violation of the terms of this Agreement.
• Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party (except, in Our case, those third parties sub-contracted by Us to perform services related to Subscriber Data maintenance and back-up).
• This clause shall survive termination of this Agreement, however arising.

14. ASSIGNMENT OF RIGHTS

• All of The Company’s rights under these terms may be assigned, transferred or otherwise dealt with by the Company and will inure to the benefit of The Curiosity Approach’s successors and assignees.
• You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations
• If any of these terms are deemed invalid or unenforceable for any reason then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.
• These terms and conditions represents the full agreement between the parties and replaces and/or supersedes anything that precedes it.
• These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing on our website.
• You acknowledge and agree that in entering into your Subscription you have not relied on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) of any person other than as expressly set out in these terms and conditions.
• Failure of the Company to enforce any of the provisions set out in these Terms and Conditions or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or any part thereof, or the right thereafter to enforce each and every provision.
• These terms and conditions shall be governed by the law of England & Wales.

15. DISCLAIMER

• We give you no warranty or assurance or guarantee of any kind. We declare and you acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law.
• Our policy is to conduct our business at all times in a professional manner and to best practice standards. We use our best endeavours to maintain our content and keep the know-how and materials up to date and to develop our Services to meet subscribers’ needs. We may change part or all of any Service at our discretion.

16. DISPUTES

• This agreement is governed by the law of England and Wales. Any dispute that we cannot resolve between us will be decided by independent arbitration whose decision will be binding on us, but not on you. If you are not satisfied with the arbitration decision, you may then go to court