1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply courses and associated materials to you, in the way of services.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, what we will do and not do, how we will provide the courses to you, what we expect from you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer.
You are a consumer if:
you are an individual; and
you are buying courses from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
You are a business customer if:
• you are attending a Mindful Monkeys course for the purposes of certification; and
• you intend to provide Mindful Monkeys certified courses in connection with your trade, business, craft or profession.
Provisions specific to consumers only are in Yellow and those specific to businesses only are in Green. If the provision is not highlighted in yellow or green, then it applies to both business customers and consumers.
1.4 If you are a business customer this is our entire agreement with you. If you are a business
customer these terms constitute the entire agreement between us in relation to your purchase.
You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any
statement in this agreement.
1.5 Your attention is particularly drawn to: Our Contract with you (Clause 3), Providing the Course (Clause 4), Our Rights to make Changes (Clause 6), Your Right to End the Contract (including your right to cancel) (Clause 7 and Clause 8), Our Rights to end the Contract, (Clause 9) and Our responsibility for loss or damage if you are 1) a consumer (Clause 12) and 2) a business customer (Clause 13).
2. Information about us and how to contact us
2.1 Who we are. We are Mindful Monkeys Ltd a company registered in Scotland. Our company registration number is SC566477 and our registered office is at 67 Pitcorthie Drive, Dunfermline KY11 8AB (referred to from now on as “Mindful Monkeys”, “we”, “us”, and “our”).
2.2 How to contact us. You can contact us by telephoning or by writing to us at firstname.lastname@example.org and
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you – What we will do and will not do
3.1 How we will accept your order. Our acceptance of your order to sign up to the course will take place once we have carried out an interview with you by telephone or Skype and have accepted you on the course. We will then accept your order, at which point the contract will come into existence between you and us. At this point we will issue to you an invoice for the course and a deposit consisting of 20% of the total price of the course will be payable once we have issued the invoice which is payable within 7 days of issuing the invoice.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the course. This might be because the course is oversubscribed, the course has been cancelled, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the course, you do not meet the suitable requirements to attend the course, or because we are unable to meet a deadline you have specified.
3.3 We provide our courses to customers based in the UK. Our website is solely for the promotion of our courses in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
67 Pitcorthie Drive, Dunfermline, Fife, United Kingdom,
4. Providing the courses – What we will do and what we expect from you
4.1 Mindful Monkeys Ltd provide appropriate training solutions for both consumers and businesses. For parents looking to gain skills they will use purely on a personal level within their own family, our Mindful Monkeys® Better Together programme without full certification and renewal process is most suitable. If you are a business and wish to deliver the Mindful Monkeys® Better Together programme to the public in any capacity, our Better together Programme with full certification and renewal process is most appropriate- see clause 4.2 for further details.
4.2 How does the certification and renewal process work? Following completion of the training
event, there is a specific period for you to submit your case studies to us for assessment. Following successful completion of the required course material and case studies, you will be awarded a certification and at this point you can decide if you wish to be a Certified Mindful Monkeys® Better Together Practitioner for one or two years. The specific process is as
(a) Having attended and completed the Mindful Monkeys® Better Together Practitioner
course you will have time to identify and complete two appropriate case studies that must be submitted to us within 8 weeks of the original course date. We will then assess your case studies and confirm whether you have passed or are required to
provide further information
(b) If we consider that we do not have the necessary supporting information to award
you your certification at your first submission, you will be given one further attempt to submit it to us within 14 days of us sending you this notification. Failure to provide the additional information by the deadline will result in you automatically failing to meet the required standard for our certification process and you will not be awarded the necessary level of accreditation to deliver our Better Together Programme to the
public and our contract will end ( and clause 9 will apply).
(c) Once we have confirmed you have successfully completed your case studies, we will
issue you with an invoice for your certification for either one or two years depending on which option you choose at this time. This invoice is payable within 14 days of receipt. You will be unable to work with the public until we receive this payment as full certification will not be awarded until such time as we are in receipt of the necessary funds. Once we have confirmed receipt of payment we will award you with
your certification and this will be your certification anniversary date.
(d) Regardless of whether you choose our one or two year certification option you will
be required to attend an annual mandatory CPD event within 8 weeks of your certification anniversary date. This is an ongoing annual requirement and Mindful Monkeys Ltd will offer a number of CPD events throughout the year to enable you to meet these requirements to renew your certification. Please note even if you have chosen our two-year certification renewal it is still mandatory requirement to attend
the annual CPD event.
(e) Failure to attend an appropriate event within 8 weeks of your certification anniversary
date will result in your certification being temporarily suspended until such time as you are able to attend a Mindful Monkeys Ltd suitable CPD event. However, if you are fully committed and have booked yourself on the next available Mindful Monkeys Ltd CPD event, you may be able to gain temporary certification until then. This option
is only available following prior agreement in writing from Mindful Monkeys Ltd that your certification will temporarily be re-instated and that you will still be able to work
with the public during this time.
(f) Renewal of certification: We will send you a reminder prior to the expiry of your
initial certification to ask if you wish to renew your certification. You can choose to renew for a further 1 or two years. We will then issue you with our invoice. For details of how and when to pay please see clause 11.4(c). On receipt of payment we will then issue you with your renewed certification and you will be expected to comply
with the CPD requirements as stated in this clause 4.2.
4.3 When we will provide the courses
(a) If the course is a one-off service. We will begin the course and our services on the set date for the course as confirmed during the order process. The duration and the completion date for the course and our services will be told to you during the order process.
(b) If the courses are ongoing services or to renew a certification/ qualification. We will supply the services (and if relevant, any goods in the form of hard copies and digital content of course materials) to you until either the services are completed or the certification expires (if applicable) or you end the contract as described in clause 7 or we end the contract by written notice to you as described in clause 9.
(c) If you order goods such as course materials. If you order goods we will contact you with an estimated delivery date, which will be within 30 days after the day on which we accept your order.
(d) If you order a one-off purchase of digital content with a one-off course or with certification and renewal: We will make the digital content available for download by you as soon as payment has been received from you.
4.4 You are responsible for the arrangement and payment of your own accommodation and travel costs. In the event that we have to cancel the course due to events outside our control, (see clause 4.5), we suspend the course ( see clause 4.9, 4.10, and 4.11), we end our contract with you (see clause 4.8, and clause 9) or you exercise your right to cancel or end the contract with us (see clause 7) prior to the course being provided, then we will not be liable for your travel and accommodation costs and expenses that you may have incurred.
4.5 We are not responsible for delays outside our control. If our supply of the course is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any course you have paid for but not received.
4.6 When you become responsible for the goods. Any ancillary goods such as course materials provided with our services will be your responsibility from the time we deliver the goods to the address you gave us or you collect it from us.
4.7 When you own goods. Subject to clause 14, you own a product which is goods once we have received payment in full.
4.8 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the course to you, such as, proof of identification. You are also responsible to pay for and provide us with a PVG Disclosure Record from Disclosure Scotland, or DBS England and Wales or DBS Northern Ireland. Any such information will be processed in accordance with our privacy notice. Any information we require prior to the start of the course will have been stated in the description of the courses on our website and FAQs. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.1 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the course late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
4.9 Reasons we may suspend the supply of the course to you. We may have to suspend the supply of the course to:
(a) deal with technical problems or make minor technical changes;
(b) deal with problems in arranging accommodation or venue for the courses;
(c) update the course to reflect changes in relevant laws and regulatory requirements;
(d) make any possible changes to the course as requested by you or notified by us to you (see clause 6).
4.10 Your rights if we suspend the supply of the course. We will contact you in advance to tell you we will be suspending supply of the course unless the problem is urgent or an emergency. If we have to suspend the course for longer than two weeks, we will transfer any sums you have paid towards a new course. You may contact us to end the contract for a course if we suspend it, or tell you that we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract (deducting any reasonable costs that have been incurred to date).
4.11 We may also suspend supply of the course if you do not pay. If you do not pay us for the course by the early bird or discounted rate payment deadline (see clause 11.4) the course price will revert to the full standard price. If you still do not make full standard price payment for the course in full within 14 days prior to the course start date, you will be disqualified from attending the reserved course and we will transfer you on to a course at a later date where the outstanding amount will still be due. We will contact you to tell you we are suspending you from the original course and that any sums paid (including any deposits) to date will be transferred to the next available course and any outstanding sums for full payment for the course will still be due. If in the event you still do not pay the outstanding sums after being transferred to a course at a later date within 14 days of the next available course start date, we will refund any sums you have paid, deducting our costs that have been reasonably incurred
(see our hourly rates in our FAQs). As well as suspending the course we may also charge you interest on your overdue payments (see clause 11.6). We will not suspend your place on the course where you are in dispute with us regarding an unpaid invoice where you think the amount is incorrect (see clause 11.7).
5. Y our rights to mak e chang es
5.1 If you wish to make a change to the course you have ordered, please contact us (e.g. changing from an uncertified course to a fully certified course with renewal, or vice versa, or changing from one date to another). We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the course, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5.2 In the event that your change to the course results in you changing from a consumer customer to a business customer (e.g. changing from an uncertified course to a fully certified course/renewal course), then you must advise us of this change within 4 weeks of completion of the original course, pay us the difference in price for the course, and complete the assigned case studies within 8 weeks of our acceptance of your course change. Once we have confirmed the change, the consumer provisions in these terms shall cease to apply to you and the business provisions shall apply to you from the time of the relevant change onwards.
5.3 In the event that your change to the course results in you changing from a business customer to a consumer customer (e.g. changing from a fully certified renewal course an uncertified course), then you must advise us of this change, confirm that you will not be completing the case studies and you must also return to us any course materials for the certified Mindful Monkeys® Better Together course within 4 weeks of completion of the original course. You will be responsible for any costs of return as in clause 8.3. On receipt of the course materials, we will refund you any sums which would have been attributed to the course materials and case studies, once we have confirmed the change, the business provisions in these terms shall cease to apply to you and the consumer provisions shall apply to you from the time of the relevant change onwards.
6. Our rights to make changes
6.1 Minor changes to the courses. We may change the course and associated
(a) to change the venue of the course;
(b) to reflect changes in relevant laws and regulatory requirements;
(c) to incorporate up to date research into the course;
(d) to improve and update course materials; and
(e) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of our services.
6.2 More significant changes to the courses and these terms. In addition, as we informed you in the description of our courses on our website, we may make changes to these terms or the courses we provide, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any courses paid for but not received. Such changes are listed but not limited to:
(a) major changes to course content; or
(b) changes in price.
7. Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) if what you have bought has been misdescribed or not provided with reasonable skill and care you may have a legal right to end the contract (or a service re-performed or to get some or all of your money back);
(b) if you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
(d) in all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see Clause 7.7.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any courses which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the course or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the course you have ordered, and you do not wish to proceed;
(c) there is a risk that supply of the course may be significantly delayed because of events outside our control;
(d) we have suspended supply of the course for technical or logistical reasons, or notify you we are going to suspend them for technical or logistical reasons, in each case for a period of more than two weeks; or
(e) you have a legal right to end the contract because of something we have done wrong.
(c) if you are a consumer and have just changed your mind about the product, see clause
7.3. You may be able to get a refund if you are within the cooling-off period, but this
may be subject to deductions of our costs that have been reasonably incurred;
7.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts
Regulations 2013). If you are a consumer then for most of the courses bought online you have a legal right to change your mind within 14 days and receive a refund (subject to the deduction
of costs reasonably incurred up to the point of cancellation).
7.4 When consumers do not have a right to change their minds. Your right as a consumer to
change your mind does not apply in respect of:
(a) residential training courses within 30 days prior to the commencement of the training
– 28(1)(h) Consumer Contracts Regulations 2013;
(b) digital products after you have started to download or stream these;
(c) services, once these have been completed, even if the cancellation period is still
(d) products sealed for health protection or hygiene purposes, once these have been
unsealed after you receive them;
(e) sealed audio or sealed video recordings or sealed computer software, once these
products are unsealed after you receive them;
(f) any products which become mixed inseparably with other items after their delivery;
(g) goods or services where you have no right to cancel the contract, whether in
accordance with the Consumer Contracts (Information, Cancellation and
Additional Charges) Regulations 2013 or any other legislation.
7.5 How long do consumers have to change their minds? If you are a consumer how long you have
to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought services (excluding those including residential accommodation)? If
so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind (for example our costs incurred for providing any consultations we may
provide after accepting you on to the course see clause 8.5 for further details).
(b) Have you bought digital content for download or streaming (for example, online
webinars)? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not
have a right to change your mind.
(c) Have you bought goods (for example, course materials?), if so you have 14 days after
the day you (or someone you nominate) receives the goods, unless:
(i) your goods are split into several deliveries over different days. In this case you
have until 14 days after the day you (or someone you nominate) receives the
(ii) your goods are for regular delivery over a set period (for example, quarterly
release of updated workshop materials). In this case you have until 14 days
after the day you (or someone you nominate) receives the first delivery of the
7.6 How the right to cancel can be lost. You have no right to cancel the contract once it has been
fully performed if you have requested that the supply of the service should begin during the
7.7 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately, you may be entitled to a refund of any services not provided, for course materials not provided, or for course materials to be returned in the event you cancel the certification and/or certification renewal, or you may have the option to transfer any payments to a future course. We may deduct from that refund or transfer (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract, such as (but not limited to): consultation times which are charged at our hourly rates and any costs incurred for course materials and venue or accommodation charges. The description of a product on our website may set out specific non-refundable sums relating to that product, which will be set out clearly before your order is completed.
8. How to end the contract with us (including if you are a consumer who has changed their mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) phone or email. Call us on 07988885178 or email us at email@example.com Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) by post. Write to us at 67 Pitcorthie Drive, Dunfermline, Fife, KY11 8AB, including details of what you bought, when you ordered or received it and your name and address.
8.2 Returning any course materials after ending the contract. If you end the contract for any reason after any course materials have been dispatched to you or after you have received them, you must return them to us. You must either return them in person to where you bought them, post them back to us at 67 Pitcorthie Drive, Dunfermline, Fife, KY11 8AB or (if they are not suitable for posting) allow us to collect them from you. Email us at firstname.lastname@example.org for a return label.
(c) if you are a consumer who has changed their mind within the 14-day cancellation
period, you can choose to use the model cancellation form that is attached to the end
of these terms and conditions.
If you are a consumer exercising your right
to change your mind you must send off the course materials within 14 days of telling us you
wish to end the contract. If you are ending the contract where you are not a consumer or there is no right to change your mind under clause 7.7, then you must return course materials within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the course materials are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the course, or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind or you are changing course as in clause 5.2 and 5.3) you must pay the costs of return.
8.4 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the course and course materials and if applicable, any standard delivery costs (deducting any costs for enhanced delivery chosen by you), by the method you used for payment. However, we may make deductions from the price, as described below.
When we may make deduction from refunds if you are a consumer exercising your right to
or if you are ending the contract where we are not at fault and there is no right to change your mind (see clause 7.7):
(a) where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind or that you are ending the contract. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract;
(b) the loss in value of any Goods supplied, if the loss is a result of unnecessary handling by you;
(c) enhanced delivery of Goods and/or Services, if this method was chosen by you; or
(d) the cost of picking up/collection of any Goods.
change your mind
8.6 When your refund will be made if you are a business customer. We will make any refunds due
to you as soon as reasonably possible.
8.7 When will your refund be made if you are a consumer exercising your right to change your
(a) In the case that a refund does not involve the return of any goods, your refund will be
made within 14 days of your telling us you have changed your mind.
(b) If the products are goods and we have not offered to collect them, your refund will
be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for a course at any time
by writing to you if:
(a) you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the course, for example, providing us with a PVG Disclosure Record;
(c) you do not agree to undertake the course case studies or submit the case studies within the submission deadline for the certification process;
(d) you do not comply with the certification and renewal process as set out in clause 4.2;
(e) you act or show anti-social behaviour towards Mindful Monkeys’ staff or fellow course attendees; or
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for the course we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. To consult our hourly rates please see the FAQs on our website.
9.3 We may withdraw the course. We may write to you to let you know that we are going to stop providing the course. We will let you know at least 14 days in advance of our stopping the supply of the course and will refund any sums you have paid in advance for the course which will not be provided.
If there is a problem with our courses
How to tell us about problems. If you have any questions or complaints about the courses we provide, please contact us. You can telephone at 07988885178 or write to us at email@example.com and at 67 Pitcorthie Drive, Dunfermline, Fife, KY11 8AB.
Price and payment
11.1 Where to find the price for the course. The price of the course (which includes VAT if applicable) will be the price indicated on our website order form and on our invoice which we will issue to you once we have confirmed your order. We take all reasonable care to ensure that the price of the course advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the course you order.
(f) you commit an act or omit to act which damages the Mindful Monkeys Ltd brand or
brings the reputation of Mindful Monkeys® into disrepute;
11.2 If we have charged VAT and the rate of VAT changes, we will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the courses we offer may be incorrectly priced. We will normally check prices before accepting your order so that, where the course’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the course’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
11.4 When you must pay and how you must pay. We accept payment by direct debit and PayPal. When you must pay depends on what product you are buying:
(a) For a one-off course, we will invoice you for the course on receipt of accepting you for the course. Once issuing our invoice, a deposit of 20% of the total course price will be due by you to us and is payable within 7 days of receipt of the invoice. You may have a preferential early bird rate or other discount if you pay for the course in advance. In certain circumstances, you may also have the option to pay for the course in instalments, see our FAQs for details. Otherwise, you must make payment of 100% of the price of the course at least 14 days, before we start providing it. If you are booking the course within 14 days before the course start date, then you must pay for 100% of the course price once we issue our invoice to you.
(b) For the initial certification process, subject to clause 5.2 and 5.3 we will invoice you for initial course as explained above in 11.4(a) and once we have confirmed that your submitted case studies have been successful, we will issue you with the invoice for the certification, which will be payable within 14 days of being issued.
(c) For the certification renewal we will issue you with an invoice for certification renewal four weeks prior to your certification is due to expire (which will be on your certification anniversary date), at which time you can decide to renew your certification for one or two years. The invoice is payable within 14 days of being issued. Price for the certification will vary depending on whether you have signed up for a 1- year or 2-year renewal. See our FAQs for further details.
11.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.7 What to do if you think an invoice is wrong. If you think an invoice is wrong (i.e. you think we have got the price of wrong), please contact us promptly to let us know. You will not have to
11.5 Our right of set-off if you are a business customer. If you are a business customer you must
pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction
or withholding (other than any deduction or withholding of tax as required by law).
pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. Our responsibility for loss or damage suffered by you if you are a consumer
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply
with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and
you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do
so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the courses including the right to receive course which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for
defective products under the Consumer Protection Act 1987.
12.3 We are not liable for business losses. If you are a consumer we only supply the courses for
you for domestic and private use. If you use the course or the materials related to the course for any commercial, business or re-sale purpose our liability to you will be limited as set out in
12.4 We are not liable for loss attributing to travel and accommodation costs (see clause 4.4) 13. Our responsibility for loss or damage suffered by you if you are a business 13.1 Nothing in these terms shall limit or exclude our liability for:
(b) fraud or fraudulent misrepresentation;
(d) defective products under the Consumer Protection Act 1987; or
13.3 Subject to clause 13.1:
(a) death or personal injury caused by our negligence, or the negligence of our employees,
agents or subcontractors (as applicable);
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section
11B of the Supply of Goods and Services Act 1982; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict
13.2 All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 11C to11E
of the Supply of Goods and Services Act 1982 are excluded.
(a) we shall not be liable to you, whether in contract, delict (including negligence), breach
of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential
loss arising under or in connection with any contract between us, loss attributing to
travel and accommodation costs; and
(b) our total liability to you for all other losses arising under or in connection with any
contract between us, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of £1400 and one hundred
per cent (100%) of the total sums paid by you for the courses under such contract.
14. Intellectual Property Rights
14.1 All intellectual property rights in or arising out of or in connection with the course and course
materials shall be owned by us. You may use and read our training course materials for private use and for the purpose of receiving our courses only. Subject to clause 14.2 you must not use our training course materials for the purpose of providing training courses/Mindful Monkeys® Better Together courses yourself, nor provide copies of our training course materials or
Mindful Monkeys Better Together Programme materials to others.
14.2 If you have completed the Mindful Monkeys® Better Together course and have a current
Mindful Monkeys certification and renewal with us, we grant you a non-exclusive licence to use
the Mindful Monkeys brand and trademark as follows:
(a) Subject to clause 14.3 and the restrictions set out in this clause 14.2 you may use the
Mindful Monkeys® Better Together Certified Practitioner Logo and the wording “Mindful Monkeys® Better Together Certified Practitioner” on your website and on
written marketing materials.
(b) All intellectual property rights in or arising out of or in connection with the training
course and course materials shall be owned by us. You may use and read our training course materials for the purpose of receiving our training courses only. Subject to clause 14.2 you must not use our training course materials for the purpose of providing training courses yourself, nor provide copies of our training course materials to
(c) You may only copy/use the Mindful Monkeys® Better Together Programme handouts
received on the Mindful Monkeys® Better Together training course, without
alteration, to deliver the Mindful Monkeys® Better Together Programme.
(d) you must not use or exploit the wording, brand or trade mark for any other purpose,
for example, you must not use or exploit the Mindful Monkeys brand, trademark, the wording “Mindful Monkeys Certified Practitioner” or wording attributable to Mindful Monkeys courses such as “Mindful Monkeys Better Together” on any merchandise,
uniform or clothing worn by you, any of your employees, associates or, contractors.
14.3 If your Mindful Monkeys certification ceases, the licence set out in clause 14.2 shall cease
immediately and you must remove any references to the Mindful Monkeys brand and trade
mark from your website and marketing materials immediately.
14.4 You indemnify us against all liabilities, costs, expenses, damages and losses suffered or incurred by us arising out of or in connection with your use of our branding or trade mark and any services or goods provided by you in connection with such use.
14.5 You shall not sub-license, assign or otherwise transfer the rights granted in clause 14.2.
15. How we may use your personal information
15.1 How we will use your personal information. We will only use your personal information as set
16. Other important terms
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations
under these terms to another organisation.
16.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the courses, we can still require you to make the payment at a later date.
16.5 Which laws apply to this contract and where you may bring legal proceedings if you are a
consumer. These terms are governed by Scottish law and you can bring legal proceedings in respect of the courses in the Scottish courts. If you live in England or Wales you can bring legal proceedings in respect of the courses in either the Scottish or the English/Welsh courts. If you live in Northern Ireland you can bring legal proceedings in respect of the courses in either the
Northern Irish or the Scottish courts.
16.6 Which laws apply to this contract and where you may bring legal proceedings if you are a
business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland and the
courts of Scotland shall have exclusive jurisdiction to settle any such dispute or claim.
Schedule 1 Model Cancellation Form for consumer customers
(Complete and return this form only if you wish to withdraw from the contract)
To Mindful Monkeys Limited, at 67 Pitcorthie Drive, Dunfermline, Fife, KY11 8AB, Telephone number 07988885178,
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract number………… Ordered on………….
Name of consumer(s),………………………
Address of consumer(s),……………………
Signature of consumer(s) (only if this form is notified on paper),
………………………. Consumer ………………………. ………………………. Date