Terms and Conditions

The following constitute the terms and conditions to which applicants agree when booking any standard Performance Institute face-to-face training or e-learning courses (“Terms & Conditions”). If you are agreeing to these Terms & Conditions not as an individual but on behalf of your company or other legal entity then, “Customer” or “you” or “your” shall refer to such entity and its affiliates, and you represent that you have the authority to bind such entity and its affiliates to these Terms & Conditions and you are binding your company to these Terms & Conditions. The Performance Institute and you shall each be referred to as a “Party” and together as the “Parties” in this Agreement. If you do not have such authority, or if you do not agree with these Terms & Conditions, you must not accept these Terms & Conditions and may not use the documentation, whether printed are available online, provided by The Performance Institute in relation to the training (“Training Material”). The Performance Institute reserves the right to review and update these Terms & Conditions periodically at its sole discretion.

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR BY USING OR ACCESSING THE PERFORMANCE INSTITUTE TRAINING MATERIAL, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

You may not allow anyone else to access the e-training courses via your log-in details. You must comply with all health and safety rules and regulations and any other reasonable security requirements that apply at the premises at which the training courses are provided. The Performance Institute reserves the right to remove any delegate from a training course whose behavior is deemed inappropriate by The Performance Institute or its trainers. In these circumstances, The Performance Institute will neither refund any fees nor reimburse any other costs.

The Performance Institute does not accept responsibility for anyone acting as a result of the information in, or views expressed on, its training courses including course materials. Opinions expressed are those of individual trainers and not necessarily those of The Performance Institute. Participants should take professional advice when dealing with specific situations.

The Performance Institute ensures that all our training services are delivered diligently and in a good, workmanlike, timely, and professional manner consistent with industry standards. The training services will be performed as described in the individual class agendas. The Performance Institute shall provide such trainers to present the training course as it, in its sole discretion, deems fit and The Performance Institute shall be entitled at any time to substitute any trainer with any other person who, in The Performance Institute sole discretion, it deems suitably qualified to present the relevant course.

The Performance Institute does not warrant that the provision of any content online will always be available or be uninterrupted, timely or error-free, that defects will be corrected or that such content is secure or free from bugs, viruses, errors, and omissions.

Both Parties agree to defend, indemnify, and hold harmless the other Party and its directors, officers and employees from and against any demands, damages or liabilities including reasonable attorney's fees) arising from a third party claim that the indemnifying Party caused bodily injury (including death) or damaged real or tangible personal property.

All Training Materials are owned by The Performance Institute. All intellectual property rights in all Training Material available, including the design, graphics, and text of all printed materials and the audio of all webinars and podcasts, are owned by The Performance Institute. When you are given access to the Training Material, you are granted a non-exclusive, non-transferable, revocable license to use the Training Material. No Training Material may be copied, reproduced, uploaded, posted, displayed or linked to in any way,in whole or in part, without The Performance Institute's prior permission. Any such use is strictly prohibited and will constitute an infringement of The Performance Institute's intellectual property rights.

To provide a continuous check on the consistency and quality of training delivery, all students will receive a follow-up email at the end of each class asking to submit feedback in the form of a satisfaction survey. This feedback will be reviewed in detail and will be used to make continuous improvements to class content and delivery.

• 6.1.1 Face to Face. If you notify The Performance Institute in writing (by email or post) that you wish to cancel a face-to-face training course not less than 28 days before the start date of a course, you will be entitled to a 50% refund. Refunds will be processed within 28 days of receiving your request via bank transfer to the original payer. If you withdraw for any reason less than 28 days before the start date of a course, no refund will be issued but you may transfer your place on the course to a substitute. Substitutions should be notified to The Performance Institute at least 48 hours prior to the course start date. If you fail to attend the course on which you are booked without giving prior notice to The Performance Institute, we are unable to refund the course fees or offer a transfer
• 6.1.2 E-Learning. Once you have booked an e-learning course or package the fee is non-refundable. If you cancel any e-learning course or package you will not be entitled to any refund. There is no charge for transferring your booking to the same course on an alternative date provided you notify The Performance Institute in writing not less than 10 days before the start of the training and if there is availability. However, a transfer fee of 20% of the course fee will be payable if the notice is received less than ten (10) days before the start of the original course. If you transfer your booking you will not receive any refund, and you will not be entitled to transfer more than once.

You must make any request to transfer a course in writing, which may be sent by email to: info@performanceinstitute.org

• 6.2. Cancellation by The Performance Institute. The Performance Institute reserves the right to cancel any training course due to insufficient enrollment by providing notice to you at least 5 calendar days prior to scheduled commencement date. In the event of cancellation by The Performance Institute, you may elect to receive a full refund of registration fees paid or credit toward alternative class(es). Nevertheless, The Performance Institute will not be responsible for non-refundable tickets purchased or reservations made by you. If a training class is canceled by The Performance Institute due to any Force Majeure Event, the Customer is entitled to a full class credit which must be used within 3 months of the date of the original class for another class offered by The Performance Institute.

8. NON-PERSONALLY IDENTIFIABLE INFORMATION
All our courses and training sessions will be recorded and The Performance Institute may use non-personally identifiable information collected from you and other users to perform statistical analyses of user behavior and characteristics. These aggregated statistics would be used to improve the site and for product development and marketing purposes generally. We also may provide such aggregated information to advertisers and other third parties for certain purposes, but such statistics contain no personally identifiable information and cannot be used to gather such information.

Other non-personally identifiable information about your visits to the Site, such as the number of times you have viewed an advertisement (but not your name, address, or other personal information), also may be used to serve particular advertisements to you on the Site.

8.1 PERSONALLY IDENTIFIABLE INFORMATION

The personally identifiable information you provide to us when using the Site may be used to provide products and services to you, to enhance your experience at the Site, and, if applicable, to enhance your experience as a subscriber to The Performance Institute’s products and services.

The ways in which we use your personally identifiable information will be set forth, and consented to by you, either when you register to use our Site or when you first use the Site.

We may employ independent contractors, vendors, and suppliers (collectively, “Outside Contractors”) to provide specific services and products related to The Performance Institute and the Site, such as providing credit card processing and fraud screening, order fulfillment and shipment, mailing of advertisements and other materials, hosting and maintaining the Site, and developing applications for the Site. These Outside Contractors may sometimes have limited access to information collected from you, including your personally identifiable information, in the course of providing products or services to us. Access to your personally identifiable information by these contractors is limited to the information reasonably necessary in order for these Outside Contractors to perform their limited function for us. We also require that these contractors (i) protect the privacy of your personally identifiable information consistent with this Privacy Policy, and (ii) not use or disclose your personally identifiable information for any purpose other than providing us with products or services for which we contracted.

We may from time to time use your personally identifiable information to notify you of special offers and new products and services from third parties that we think may be of interest to you. It is possible that we may rent, sell or otherwise transfer to third parties personally identifiable information about you. At any time, you can contact The Performance Institute to request that we not share your personally identifiable information with third parties, as set forth in greater detail below.

The Performance Institute may merge your information collected on the Site with similar data obtained from third parties. We may use this enhanced personally identifiable information to notify you of special offers, updated information and new products and services from The Performance Institute.

Other unique circumstances may arise where we are required to disclose your personal information to third parties, such as in connection with a corporate transaction where all or a portion of our business or assets (including our associated customer lists containing your personal information) are sold or transferred, or if the disclosure is required by law or pursuant to judicial or governmental investigations or proceedings.

You should be aware that if you voluntarily disclose personally identifiable information in an e-mail or other communications with third parties listed on the Sites or in other materials, that information, along with any other information disclosed in your communication, can be collected and correlated and used by such third parties and may result in your receiving unsolicited messages from other persons. Such collection, correlation, use, and messages are beyond our control.

9. OPT-OUT

If you supply The Performance Institute with your e-mail address, you may receive periodic electronic mailings from us regarding breaking news, blogs, new products and services, or upcoming events. If you ever wish to stop receiving such mailings please visit www.performanceinstitute.org

10. SECURITY
The Performance Institute takes every effort to protect against unauthorized access to individuals’ identifiable information.

11. WEBLINKS
The Performance Institute contains links to other websites. The Performance Institute is not responsible for the privacy policies of these sites.

12. QUESTIONS
If you have any questions or concerns about The Performance Institute’s privacy policy, e-mail us at info@performanceinstitute.org or call 877-992-9521.