Terms & Conditions

Terms and Conditions

Terms and Conditions for products & services by ParadigmPeople Ltd (trading as XploreAgile).

Definitions

“We” or “us” means ParadigmPeople Ltd (trading as XploreAgile), a limited liability company organized under the law of the United Kingdom (UK), and having its registered address at 8 Wellington Road, Bexley, Kent DA5 1DH, UK.
“You” means any (legal) entity or person that has reached an agreement with us;
“Agreement” or “participation” means the arrangement in written or digital recording, based on which you can participate in a selected course;
“Course” means any training, workshop, or event offered by us, or parties acting on behalf of ParadigmPeople Ltd (trading as XploreAgile);
“Trainer” means any natural person representing or acting on behalf of us who is responsible for facilitating, teaching, or offering a course;
“Force majeure” means any external cause, expected or unexpected, including those specified in English Law and jurisprudence, over which we have no control and that hinder us from facilitating, teaching, or providing a course or honor commitments we made to you;

Applicability

These terms and conditions apply to all agreements that come into effect by registering for one of the courses offered on our website or designated platforms managed by us. This includes registrations done by yourself and registrations performed by us, acting on your request, or by a third party acting on your behalf;
By agreeing with us, you agree to our full Terms and Conditions;
Our terms and conditions continue to apply fully even when we do not strictly enforce them;
These terms and conditions supersede any of your purchase conditions and other terms and conditions you may want to use, or we may have previously agreed;

Agreement

Canceling or rescheduling your participation

You may cancel your participation for up to 21 days before the course starts. We will refund the invoiced amount. We reserve the right to deduct any fees incurred from any refund provided at your request. This may include but is not limited to credit card, bank transfer, or currency conversion fees. If you cancel within 21 days, the following rules apply:

A request to cancel must be made to us in written form. A cancellation becomes effective only after you receive our explicit and unambiguous confirmation;

You may ask us to reschedule your participation to a future date on which we offer the same course (publicly). We reserve the right to decline such requests or offer alternative options based on availability, location, pricing, and attendance of the preferred future course. Rescheduling is free of charge if your request is received 21 days before the course starts. If your request is received and accepted within 21 days, additional fees apply:

If your request to reschedule is received within 21 days before the course start date and is accepted by us, we will charge an additional fee of 25% of the invoiced amount to make the transfer;
The rules specified in the first bullet apply to all situations, including force majeure;
You don’t have to pay additional fees if we cancel the course

Your request to reschedule must be made to us in written form. Your participation will be rescheduled after you receive our written and unambiguous confirmation of your request;

If your participation is rescheduled to a course offered for a higher price, we will invoice you for the difference. We will not compensate you for any costs you made, either directly or indirectly, resulting from your request to reschedule a course;

Failure to show up for a class or leaving the class part way through will result in forfeiture of all the payment. You will not receive training materials or assessment invites/certification.

Cancellation or rescheduling a course

We are not required to uphold any commitments that we have made to you as part of the agreement in the case of a force majeure situation;

We have the right to reschedule or cancel a course when the trainer is unable to provide the course through a force majeure situation or illness.
We have the right to reschedule or cancel a course when the number of participants is too low. The decision of what is too low is entirely up to us;
We reserve the right to substitute the trainer listed for a class with another suitably qualified alternate trainer at any time. We will decide as to who is a suitably qualified trainer;
We reserve the right to change the venue and location of a course at any time. Where this happens, we will select a new venue in the same city and as close to the original venue as possible.
We may switch any course from in-person to online or vice-versa.
In the case of cancellation or the rescheduling of a course to a future date, we will do our best to inform you in written form as soon as possible. We will also do our best to reschedule the course to the earliest possible date and give you the opportunity to participate;
When we are required to cancel a course, you will be refunded the full amount that you paid us for your participation. We will not compensate any other costs that you have made, directly or indirectly, or that have been made for you by others, including loss of income, travel, and accommodation;
When we are required to reschedule a course, you have the right to cancel your participation and receive a full refund of the money you paid us for your participation. We will not compensate any other costs that you have made, directly or indirectly, or that have been made for you by others, including loss of income, travel, and accommodation.
We recommend that travel and accommodation are not booked until the email joining instructions are received from us confirming the class. This typically is sent out around seven days before the start of a class.

Prices

All prices are excluding VAT, unless specified otherwise;
All prices include course materials and refreshments unless specified otherwise.
Prices include assessment & certification where stated in the course description.
Prices are based on the circumstances applicable at the time of the registration. If the circumstances change after your registration, we retain the right to adjust the prices accordingly;

Payment

You are required to pay for your participation in full before the course takes place. We reserve the right to decline your access to the course if you have not paid in full, in which case you remain obligated to pay for your participation in full and are not entitled to any compensation;
Where an invoice is overdue, we reserve the right to reschedule or cancel the course and/or your course place without informing you.
Where invoices remain unpaid when a course takes place, you will not be entitled to receive any assessment invite or certification until full payment has been received. Full payment will include any additional administration fees and interest payments.
Where invoices remain unpaid after a course takes place, we reserve the right to make additional charges to cover our administration costs.
The amount of additional charges will be set by us and may be up to 30% of your invoiced amount.
We reserve the right to charge interest on any overdue invoices at the rate of 10% per annum above the Bank of England base rate from the due date until the date of payment is received in full.

Liability and Indemnity

We are not liable, based on the law or under the agreement, for consequential loss that you or a third party might suffer with regard to the performance of the agreement or (the use of) the courses, also including loss of profits, environmental damage, or intangible loss. In all events, our liability is limited to the invoiced amount of that part of the agreement from which the damage has arisen;
Unless the damage is caused by intention or gross negligence on our part, you will indemnify us from all claims of third parties, directly or indirectly related to the performance of the agreement or, as the case may be (the use of) the courses and will compensate us for all damage that we suffer as a result of such claims;
Where invoices remain unpaid when a course takes place, you will not be entitled to receive any assessment invite or certification until full payment has been received. Full payment will include any additional administration fees and interest payments.
We reject any liability for damages resulting from disfiguration of information, delay, lack of clarity and/or other errors in the communication between you and us as a result of the use of the Internet or any other means of communication;
We reject any responsibility for issues, bugs, delays, or lack of clarity caused by the intermediate platforms we use for handling registrations.
We reject any responsibility for events resulting from your failure to receive, read or respond to any communications we make to you (most commonly via email). This includes communications regarding changes to course arrangements, such as a venue or timing change. If you do not receive our communications, you must contact us to reconfirm any course arrangements.

Intellectual Property

Privacy

We may record video, audio, or still images at any of our public courses. You agree to appear in any promotional materials created from these recordings unless you opt out in writing before the recording is made.
We will use the billing and attendee contact details you provide during the registration process to provide you with further details regarding the course. We may also include you on our mailing list, which we use to contact you from time to time with information on our other activities and events. You can unsubscribe from the mailing list at any time. We will also share your contact details with our partners, including, but not limited to Scrum.org.
We may use your name, image, description, reviews/recommendations and company details in promotional materials including our website. You can opt-out of this at any time by notifying us via email.
Details of our privacy policies can be found at XploreAgile/privacy-policy
We value safety and inclusiveness. Details of our Equality, Diversity and Inclusion Policy can be found at XploreAgile/equality-diversity-and-inclusion-policy

Applicable Law

To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with English law, and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in England.
These terms & conditions supersede any terms & conditions we have agreed with you previously.

Coronavirus (COVID-19) Pandemic

Miscellaneous

Trademarks

Digital Products

These Terms and Conditions relate to Digital Product sales.
“Digital Products” refers to pre-recorded video courses, assessments, and any other product that does not involve a live trainer.
By purchasing Digital Products through this site, you are agreeing to these terms and entering into a contract with No Limits Media Solution Ltd.
Country of Merchant Domicile: the Country of Merchant Domicile is the United Kingdom.
All advice is provided “as is” with no warranties or indemnities regarding its appropriateness for your particular situation. XploreAgile takes no responsibility for implementing any advice or the outcomes of such implementation.
When you purchase access to the Digital Products, you are purchasing a non-transferable, non-exclusive right to access the information. You may not publish or share the Digital Products or your login details with anyone else. If your details are found to be shared, your access will be canceled. If you wish to purchase company-wide access, please get in touch.
By purchasing access, you agree to XploreAgile using your participation in publicity materials and listing your company as a customer on the Distilled website.

Return, refund, and cancellation policy

Our policy is not to offer refunds on Digital Products. Should you consider your situation to be a special circumstance, then please get in contact with us, and we shall consider your individual request. In the event that we do issue a refund, your access to the Digital Products will be revoked.
XploreAgile provides no guarantee of the availability of the web server or hosting of the Digital Products. XploreAgile will make commercially reasonable efforts to provide availability. In the event of continued unavailability, XploreAgile will make commercially reasonable efforts to make the Digital Products available to download locally.
In the event of any Digital Products being discontinued, XploreAgile will ensure you have a minimum of 90 days of access to any digital products you have purchased.
You are responsible for any local sales taxes other than EU VAT.
XploreAgile reserves the right to vary these terms from time to time. If you choose not to accept updated terms, access to the service will be revoked.
Any Digital Products which are purchased on a subscription basis will be subject to the following:
“Monthly” subscriptions will be charged each month on the same day as the day of the month when the subscription was first activated.
“Annual” subscriptions will be charged each year on the same day and month as the day and month when the subscription was first activated.
If the charge is scheduled for a day that does not exist in the month being charged (for example, the 31st June), then the charge will instead occur on the last day of that month.

Digital products cannot be resold or transferred. If this is found to have happened, your access will be revoked.

For any customer inquiries, please email [email protected]