By purchasing an Online Training Course/s, or for the delivery of Face to Face Training Course/s, (where Face to Face could be in-person or via video) (herein referred to as the “Training Course/s”) the following Terms and Conditions (the “Agreement”) are entered into by Troy Training Sparks Ltd (“the Company”, “we”, or “us”) and you (“Client” or “You”), and you agree to the following terms stated herein.  The Company and you may be referred to collectively as “Parties” in this Agreement.

1. APPLICABLE LAW

Our engagement with you and the provision of the Training Course/s provided are governed by the law and practice of England & Wales. Accepting and these terms confirms both of our agreements that the courts of England & Wales will have exclusive jurisdiction over any claim or dispute over any matter in respect of the Agreement

2. PROFESSIONAL BODY

We are subject to regulation by the Institute of Chartered Accountants in England and Wales (ICAEW). The website of our professional body is www.icaew.com where you can find details of our firm in the register of members along with the code of ethics and the regulatory framework with which we are required to comply.

3. DATA PROTECTION

We will comply with the General Data Protection Regulations and the Data Protection Act 2018 as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2020 which merge the previous requirements of the Data Protection Act with the requirements of the General Data Protection Regulation ((EU) 2016/679) when dealing with your personal data.

GDPR provides that: Personal data only includes information relating to natural persons who:

• can be identified or who are identifiable, directly from the information in question; or
• who can be indirectly identified from that information in combination with other information.

This will include but is not limited to a name, identification number, location data and an online identifier.

We ensure that we comply with the principles as set out in the GDPR (for more information see www.ico.org.uk) when collecting and processing data. These principles are:

• Lawfulness, fairness and transparency
• Purpose limitation
• Data minimisation
• Accuracy
• Storage limitation
• Integrity and confidentiality
• Accountability

In order to comply with these principles, we will:

Provide you with a privacy notice which should be read in conjunction with these terms and conditions.

Ensure that the information that we collect, and process is limited to that necessary for:

• Providing the Training Course/s
• Complying with legal and regulatory obligations
• Contacting you with details of other services (where consent has been given)
• Other legitimate reasons necessary to protect against claims or disciplinary action.

In order to comply with the regulations of our professional body ICAEW our Training Course/s may be subject to review by a professional body, regulator or another qualified third party to ensure our continued compliance with those regulations.

4. BRIBERY ACT 2010

In accordance with the requirements of the Bribery Act 2010 we have policies and procedures in place to prevent the business and staff from offering or receiving bribes.

5. PROFESSIONAL INDEMNITY INSURANCE

We are required by our professional body ICAEW to have professional indemnity insurance.

Details about the insurer and the territorial coverage can be provided on request at our offices by appointment or via email.

6. TRAINING COURSE(S)

The Company agrees to provide Training Course(s) as outlined on the website of the Company, or as agreed with you, which may include digital or downloadable resources, an online course, group coaching, workshops, additional trainings online and private community forums operated by the Company (for any purpose), whether on a website hosted by Company or a third-party website such as an online course platform or facebook.com. As a condition of participating in any Training Course/s, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

In the Online Training Course/s, you will work independently through the online course material provided. In the Face-to-Face Training Course/s our trainers will take you through the Course Material. The Company will not provide implementation of the learnings for you but will guide you through the steps of being able to implement the learnings yourself. To achieve the Training Course/s’ expected results, you must complete all the required work.

Access to the Online Training Course/s is for a limited time only as advertised. Access is for six months from the date of purchase not the date that you start the Online Training Course/s.

The Company reserves the right to offer additional Training Course elements from time to time, for any subgroup of participants. These additional Training Course elements are a bonus, not a part of the services included in the base version of the Training Course. The selection of the participants who may participate in any additional Training Course elements is at the sole discretion of the Company.

7. PARTICIPANTS

The Training Course/s are intended and only suitable for individuals aged 18 and above. Company hereby disclaims all liability for use by individuals under the age of 18.

The Training Course/s are intended to be utilised by business owners and entrepreneurs who will implement the skills and strategies taught throughout the Training Course/s to their businesses.

8. COMPANY TERMS

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this Agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Training Course/s.

9. FEES

In consideration of your access to the Online Training Course/s, you agree to pay the Online Training Course/s fee as advertised at the time of purchase. At the point purchase you will immediately pay in full for the Online Training Course/s via your credit/debit card at the checkout and no further payments will be deducted in relation to this Online Training Course/s.

In consideration of any Face-to-Face Training, the course outline will be agreed with you in advance of the agreed delivery date. A 50% deposit is required when a date is agreed for the delivery of the Training Course.

A Face-to-Face Training course can only be rearranged one time from the initial agreed delivery date to a new delivery date either by the Company or you.

Unless relating to extenuating circumstances and agreed with the Company, if a Face-to-Face Training course is cancelled with less than 24-hours’ notice before the agreed delivery date, the remaining 50% agreed fee is due for immediate payment. If a Face-to-Face Training course is cancelled within 25-48 hours before the agreed delivery date, the 50% deposit already paid is retained by the Company.

We reserve the right to review and change the price of any Training Course/s in the future.

10. METHODS OF PAYMENT

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorisation, for which you will receive an electronic receipt. You also agree that the Company is authorised to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

If for any reason the payment method is declined for payment you must provide a new payment method to complete the sale of the Training Course/s.

11. REFUND POLICY

Your satisfaction is important to the Company. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Training Course/s, the Company has a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for the Training Course/s and no refunds will be provided to you. By using and/or purchasing our Training Course/s, you understand and agree that all sales are final, and no refunds will be provided.

12. INTELLECTUAL PROPERTY

All Intellectual Property Rights in the Training Course/s Materials, Online Training Course/s and the speeches made by trainers either within an Online Training Course/s or Face to Face Training Course/s are, and remain, the intellectual property of the Company or its licensors, whether adapted, written for or customised for you or not.

 You are not authorised to: -

• copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Training Course/s Materials without prior written permission;
• record on video or audio tape, relay by videophone or other means the Online Training Course/s or Face to Face Training Course/s given without prior written permission;
• use the Training Course/s Materials in the provision of any other course or training whether given by us or any third party trainer;
• remove any copyright or other notice of the Company on the Training Course/s Materials;
• modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Training Course/s.

A breach by you of this clause shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any further Training Course/s. You will not be entitled to a refund of any monies paid even if the Training Course/s have not yet been completed.

In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Training Course/s Materials and the software in respect of the Online Training Course/s for the sole purpose of completing the Online Course/s and / or attending the Face to Face Training Course/s.

You agree that any violation or threatened violation of the intellectual property rights terms in this Agreement will be taken seriously and could result in legal action.

13. CONFIDENTITALITY

To access certain features of the Training Course/s, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential.

During the registration process for any Training Course/s, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Training Course/s to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Training Course/s or any of its content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.

14. LIABILTY

• Although the Company aims to provide the Training Course/s to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Training Course Materials and any reliance by you on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
• Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Training Course/s. Subject to clause 14.4 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description). 
• Subject to clause 14.4 below, the Company’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Training Course/s (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Training Course/s in relation to which a dispute has arisen.
• Nothing in this Agreement shall exclude or limit the Company’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
• No claim may be brought more than six months after the last date on which the Training Course/s concerned have finished or ceased to be provided by us.

15. INDEMNITY FOR UNAUTHORISED DISCLOSURE

You agree to indemnify us, the Company, in respect of any claim, including but not limited to any claim for negligence, (such indemnity to extend to all liabilities, costs, expenses, damages and losses, including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and including payment at our usual rates for the time spent by us in defending it, and all and other reasonable professional and management costs and expenses) arising out of any unauthorised disclosure of our Training Course/s, whether in writing or otherwise.

16. SEVERABILITY

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. The remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.

17. DISCLAIMERS

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide you with access to the Training Course/s, which provides education and information. The information contained in the Training Course/s is based on their own personal and professional experience. You accept that the action you take is at your own discretion and responsibility.

The information, software, products, and service included or available through the Training Course/s may include inaccuracies or typographical errors. Changes are periodically added to the information in the Training Course/s.

Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

18. MODIFICATION

The Company may modify terms of this Agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.

19. EARNINGS DISCLAIMER

Every effort has been made to accurately represent the Training Course/s and the educational value it provides. However, you should not rely on any information we present as any kind of promise, guarantee, or expectation of any level of success or additional revenue.

Your results will be determined by a number of factors over which we have no control, such as your financial condition, experiences, skills, level of effort, education, and changes within the market. Running any business carries risks, and your use of any information contained in the Training Course/s is at your own risk.

The Company provides the Training Course/s and Content without any guarantee of your level of business growth and success.

If you use any information in a Training Course/s in a manner not meant for its purpose or choose to ignore any recommendations which could result in a detrimental impact on you or the business, the Company can take no responsibility for any future outcome that takes place.

20. FORCE MAJEURE

The Company 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, 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.