Booking terms and conditions

Human Capital Index Limited, and

Labyrinth Coaching and Consulting

Booking Terms and Conditions for Short Courses and Online Short Courses

1. Introduction and interpretation

1.1  I understand and accept that these terms and conditions (the "Terms"), apply to all training courses provided to me by Human Capital Index Limited / Labyrinth Coaching & Consulting. The Terms apply to all training courses provided online or in-person at the event specified location.

1.2 I acknowledge that in these Terms, the following expressions will have the following meanings:

• "Application" means my application for a place on the Course that is made through submitting my Booking Form;
• "Application Date" means the date I submit my Booking Form as part of the Application process;
• "Booking Form" means the online or paper Booking Form supplied by Human Capital Index Limited / Labyrinth Coaching & Consulting and completed by me;
• "Course" means the course or event and mode of study set out on the Website in the course synopsis which includes the Online Short Courses, Conditional Courses or other alternative courses that I agree to undertake;
• "Data Protection Laws" means the European Union Data Protection Directive 95/46/EC, any national laws or regulations implementing that Directive, the General Data Protection Regulation EU 2016/679 ("GDPR") (when applicable) and any national laws or regulations constituting a replacement or successor regime to GDPR;
• "Event Outside Human Capital Index Limited / Labyrinth Coaching & Consulting’s Control" means an event or circumstances beyond Human Capital Index Limited / Labyrinth Coaching & Consulting’s reasonable control, such as:
  (a) strikes, lock-outs or other industrial action by third parties;
  (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, adverse weather, subsidence, or other natural disaster or “act of god”;
  (c) failure of public or private telecommunications networks;
  (d) pandemic, epidemic and any restrictions or requirements that might be imposed by any Government or relevant authority, and will include, for example, any disruption caused as a result of COVID-19; and/or
  (e) decisions made by any Government or relevant authority or regulator that impact on our ability to perform our obligations under the Contract, including, for example, any changes made by any Government regarding assessment results;
• "Fees" means the tuition fees and administration fees payable by me in relation to the Course;
• “Online Short Course” means a Course that Human Capital Index Limited / Labyrinth Coaching & Consulting delivers online through its VLE;
• "Personal Data" means any information relating to an identified or identifiable person ("data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
• "Sensitive Personal Data" means data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person's sex life or sexual orientation;
• "Services" means the teaching services and related teaching materials that Human Capital Index Limited / Labyrinth Coaching & Consulting will provide in relation to the Course;
• "Short Course Office" means the address of Human Capital Index Limited / Labyrinth Coaching & Consulting short course office as provided to me in the joining instructions or sent to me before I commence the Course;
• "Website" means Human Capital Index Limited / Labyrinth Coaching & Consulting website which I can locate at https://www.labyrinthcc.com; and
• “VLE” means the online virtual learning environment that Human Capital Index Limited / Labyrinth Coaching & Consulting uses to deliver its Online Short Courses.

1.3 Where examples are given in these Terms by using words or phrases such as "including" or "for example", I accept that this will not restrict the meaning of the general related words which are used for illustrative purposes only and the use of such words and phrases will not be deemed to be exhaustive.

1.4 I understand and accept that any references in these Terms to "working days" are to days other than Saturdays and Sundays, public holidays, and any other days where Human Capital Index Limited / Labyrinth Coaching & Consulting is closed.

2. About Human Capital Index Limited / Labyrinth Coaching & Consulting and how I can contact the Short Course Office 

2.1 Human Capital Index Limited / Labyrinth Coaching & Consulting specialises in short courses and related educational services, and is registered in England and Wales with company number 05350276. The registered office address is 20-22 Wenlock Road, London, N1 7GU

2.2 I am aware that I can contact Human Capital Index Limited / Labyrinth Coaching & Consulting by email at bookings@labyrinthcc.com or by telephone on 020 80579608.

3. Bookings

3.1 I am aware that my Application is an offer to Human Capital Index Limited / Labyrinth Coaching & Consulting to enter into a binding contract with Human Capital Index Limited / Labyrinth Coaching & Consulting to purchase a place on the Course. I accept that Human Capital Index Limited / Labyrinth Coaching & Consulting is free to accept or decline my Application at its absolute discretion. I acknowledge that my offer will only be accepted once Human Capital Index Limited / Labyrinth Coaching & Consulting sends me written confirmation that my Application has been accepted, or that Human Capital Index Limited / Labyrinth Coaching & Consulting is able to offer me a place on the Course (the "Confirmation").

3.2 I accept that at the point I receive the Confirmation; a contract will come into existence between me and Human Capital Index Limited / Labyrinth Coaching & Consulting (the "Contract"). The Contract will continue until I complete the Course, unless the Contract is cancelled earlier in accordance with these Terms.

3.3 The Contract will be subject to these Terms and the Booking Form. Human Capital Index Limited / Labyrinth Coaching & Consulting considers that these Terms and the Booking Form set out the entire agreement between me and Human Capital Index Limited / Labyrinth Coaching & Consulting in relation to the Course.

3.4 I confirm that I will check the details in these Terms and the Booking form to ensure they are complete and accurate. I accept that if there is a mistake in the Terms or the Booking Form, or I notice that they do not contain relevant information that I am relying on, I must notify Human Capital Index Limited / Labyrinth Coaching & Consulting and ask Human Capital Index Limited / Labyrinth Coaching & Consulting to confirm any agreed changes in writing before I submit my Application.

4. Late applications

4.1 I accept that if I submit my Application within 5 working days of the Course commencing, Human Capital Index Limited / Labyrinth Coaching & Consulting will not be able to guarantee that the Confirmation will reach me before the Course starts. I understand and accept that in these circumstances, I may not receive Course specific details such as VLE log ins prior to the Course commencing and Human Capital Index Limited / Labyrinth Coaching & Consulting will use reasonable endeavours to provide me with Confirmation by phone or email and to provide me with the Course specific details such as VLE log ins as soon as possible.

4.2 I accept that if I submit my Application within 5 working days of an Online Short Course commencing and my Application is accepted by Human Capital Index Limited / Labyrinth Coaching & Consulting, if I do not receive a response from Human Capital Index Limited / Labyrinth Coaching & Consulting setting out my joining instructions and login details for the Course within 24 hours; it is my responsibility to contact the office and continually check the status of my Application.

5.The services

5.1 I acknowledge that Human Capital Index Limited / Labyrinth Coaching & Consulting:

• 5.1.1 will use its reasonable endeavours to ensure that the Services meet the description set out on its Website [as at the Application Date] in all material respects;
• 5.1.2 will use its reasonable endeavours to comply with the timetable for the delivery of the Services which is set out on Human Capital Index Limited / Labyrinth Coaching & Consulting’sWebsite as at the Application Date, or as agreed between me and Human Capital Index Limited / Labyrinth Coaching & Consulting;
• 5.1.3 may make any changes to the Services and/or any Course or take any steps:
• (a )which are necessary due to an Event Outside Human Capital Index Limited / Labyrinth Coaching & Consulting’sControl;
• (b )to ensure that Human Capital Index Limited / Labyrinth Coaching & Consulting complies with any applicable law, regulation, safety requirement, recommended government rules and/or guidance relating to any disease or public health matter or in response to regulatory changes; or
• (c) which do not materially affect the nature or quality of the Services, such as updating Course content to ensure Human Capital Index Limited / Labyrinth Coaching & Consulting delivers up-to-date content or updating materials to comply with health and safety requirements, and Human Capital Index Limited / Labyrinth Coaching & Consulting will notify me of any such changes;
• 5.1.4 will use its reasonable endeavours to ensure that any changes are kept to a minimum, but if Human Capital Index Limited / Labyrinth Coaching & Consulting needs to make any material changes to its Services or the Course (as determined by Human Capital Index Limited / Labyrinth Coaching & Consulting), Human Capital Index Limited / Labyrinth Coaching & Consulting will bring the material changes to my attention as soon as reasonably practicable.

5.2 I acknowledge that if I reasonably believe that any material changes to the Services or the Course (as determined by Human Capital Index Limited / Labyrinth Coaching & Consulting) will have a material prejudicial effect on me, I may either terminate the Contract and/or withdraw my application for the Course without any liability to Human Capital Index Limited / Labyrinth Coaching & Consulting, or transfer to another course (if any) as may be offered to me by Human Capital Index Limited / Labyrinth Coaching & Consulting for which I am qualified to undertake. Human Capital Index Limited / Labyrinth Coaching & Consulting will refund me any Fees paid if I terminate the Contract in accordance with this paragraph 5.2.

5.3 I accept and agree that the dates, modes and locations for the delivery of the Services and the tutors and lecturers providing the Services may be subject to change from time to time where it is reasonable for Human Capital Index Limited / Labyrinth Coaching & Consulting to do so and where the changes do not impact upon delivery of my learning outcomes. I accept that in these circumstances, Human Capital Index Limited / Labyrinth Coaching & Consulting will notify me of any such changes as soon as reasonably practicable and will use its reasonable endeavours to limit and reduce any possible disruption to the Services I receive. Any such changes may occur for example:

• 5.3.1 due to Events Outside Human Capital Index Limited / Labyrinth Coaching & Consulting’s Control;
• 5.3.2 due to room, facilities and/or staff shortages;
• 5.3.3 in response to regulatory changes; and
• 5.3.4 in order to improve the content and/or delivery of the Services.

6. My obligations

6.1 I agree to:

• 6.1.1 maintain and evidence my immigration status that entitles me to undertake the Course;
• 6.1.2 attend classes for the Course regularly and on time;
• 6.1.3 ensure that I have a level of spoken and written English sufficient to allow me to participate in the Course (by way of a guideline only, I accept that if English is not my first language, Human Capital Index Limited / Labyrinth Coaching & Consulting would recommend that I have an English Language level equivalent to an IELTS score of 4.5 for practical courses and 6.0 for lecture courses to understand and participate in my Course);
• 6.1.4 refrain from using any audio or visual recording equipment during classes or practical sessions;
• 6.1.5 comply with Human Capital Index Limited / Labyrinth Coaching & Consulting’s health and safety rules as notified to me from time to time, including by wearing suitable clothing and footwear for practical classes;
• 6.1.6 conduct myself in a professional and courteous manner and refrain from causing offence or nuisance to Human Capital Index Limited / Labyrinth Coaching & Consulting, its staff or other students;
• 6.1.7 provide the equipment and materials that Human Capital Index Limited / Labyrinth Coaching & Consulting advise me to use on the Website or in the Course induction information required for the Course;
• 6.1.8 only use any facilities and equipment provided by Human Capital Index Limited / Labyrinth Coaching & Consulting during the stated hours for the delivery of the Course; and
• 6.1.9 not provide access to, or share login details or content of the Courses with any third parties.

7. Fees and payment

7.1 In relation to the Fees, I acknowledge that:

• 7.1.1 the Fees payable by me will be as per the fees published on the Website as at the Application Date;
• 7.1.2 the Fees are payable in either GBP, EURO, or AED;
• 7.1.3 the Fees are payable at the same time as I submit my Booking Form, unless the Fees are payable in accordance with paragraph 7.2;
• 7.1.4 if Human Capital Index Limited / Labyrinth Coaching & Consulting does not accept my Booking Form, I will receive a refund of any Fees that I have paid within 14 days of Human Capital Index Limited / Labyrinth Coaching & Consulting rejecting my Booking Form;
• 7.1.5 if I do not pay the Fees in accordance with these Terms, I will not be entitled to start the Course;
• 7.1.6 all Fees stated may or may not be exclusive of VAT;
• 7.1.7 any Fees payable can be paid by the following methods:
• (a) on-line by using my credit or debit card; or
• (b) by bank transfer, banker's draft or a payment sent for collection. I acknowledge that I will be required to provide a transaction reference number;
• 7.1.8 Human Capital Index Limited / Labyrinth Coaching & Consulting’s bank details for the purposes of paying the Fees are available on request.

7.2 I accept that even if my employer or organisation has agreed to pay all or part of my Fees, I will remain liable for the payment of the Fees and I will be responsible for making arrangements with my employer or organisation to ensure that the Fees are paid to Human Capital Index Limited / Labyrinth Coaching & Consulting. If my employer or organisation is paying the Fees and wishes to be invoiced, it is my responsibility to ensure that my employer or organisation sends to Human Capital Index Limited / Labyrinth Coaching & Consulting a company purchase order along with my Application within 7 days of Confirmation. I accept that in these circumstances, payment of the Fees will be required within 30 days of submission of my Booking Form and in any event, prior to the start of the Course.

8. Overseas applications

8.1 I accept that Human Capital Index Limited / Labyrinth Coaching & Consulting may need to contact me in the two weeks prior to the Course starting if I am travelling from overseas. It is my responsibility to include my UK contact details when I submit my Application.

8.2 I should wait to receive Confirmation from Human Capital Index Limited / Labyrinth Coaching & Consulting before making any travel arrangements. I accept that Human Capital Index Limited / Labyrinth Coaching & Consulting will not be responsible for any travel or accommodation costs I incur if Human Capital Index Limited / Labyrinth Coaching & Consulting does not accept my Application and offer me a place on the Course.

9. Visas

9.1 This paragraph 9 is not applicable to Online Short Courses.

9.2 I acknowledge that if I am a British national, I may need to provide evidence of my status at the point of registration onto the Course.

9.3 I acknowledge that if I am from a country outside of the UK, I may require permission to study in the UK and will need to present my passport or valid ID, my visa and any other relevant documentation evidencing my entitlement to study in the UK and valid immigration status to the Human Capital Index Limited / Labyrinth Coaching & Consulting office at least 2 full working days before the start of the Course, or as further advised in the Confirmation or communications from Human Capital Index Limited / Labyrinth Coaching & Consulting prior to the start date of my Course. I accept that I will need to continue to hold valid immigration status confirming my right to study throughout the duration of the Course.

9.4 If I fail to demonstrate that I have a valid immigration status, I accept that I will not be entitled to join the Course at Human Capital Index Limited / Labyrinth Coaching & Consulting and that Human Capital Index Limited / Labyrinth Coaching & Consulting reserves the right to cancel the Contract on written notice to me, or withdraw me from the Course. In these circumstances, Human Capital Index Limited / Labyrinth Coaching & Consulting will not be liable to me and will not be responsible for any related or ancillary costs or losses that I incur.

9.5 I may need a visa to travel and that will allow me to study in the UK in order to undertake one of Human Capital Index Limited / Labyrinth Coaching & Consulting’sCourses. I can access further information on the Home Office website which is located at https://www.gov.uk/government/organisations/uk-visas-and-immigration. I accept that it is my responsibility to determine how far in advance I need to apply for a visa, and to allow sufficient time to obtain a visa. I must take responsibility for ensuring that I comply with the terms of my visa application (if applicable) in relation to the Course and whilst I continue to study at Human Capital Index Limited / Labyrinth Coaching & Consulting.

9.6 I accept that if I hold limited leave to remain in the UK which is due to expire during the Course, I will be required to demonstrate to Human Capital Index Limited / Labyrinth Coaching & Consulting that I have obtained further leave to remain, or where relevant, indefinite leave to remain. If I fail to provide such evidence to Human Capital Index Limited / Labyrinth Coaching & Consulting, I accept that Human Capital Index Limited / Labyrinth Coaching & Consulting reserves the right to prevent me from enrolling onto the Course (without liability to me) or can withdraw me from the Course. If I believe such a decision to be incorrect, I accept that I can submit a complaint through Human Capital Index Limited / Labyrinth Coaching & Consulting’s relevant complaint procedure as further detailed at paragraph 25.

9.7 On occasion, Human Capital Index Limited / Labyrinth Coaching & Consulting may need to contact the UK Home Office to clarify details on any outstanding visa applications and previous immigration history. I accept and acknowledge that this may involve Human Capital Index Limited / Labyrinth Coaching & Consulting giving information about me to the Home Office.

9.8 I acknowledge that if I fail to comply with any immigration conditions, Human Capital Index Limited / Labyrinth Coaching & Consulting may be obliged to report this to the UK Visas and Immigration ("UKVI") in order to comply with its own reporting obligations. Where your visa is revoked or withdrawn for any reason, Human Capital Index Limited / Labyrinth Coaching & Consulting will interrupt or end the Contract.

10. My legal cancellation rights

10.1 If I am a consumer and I am not entering into the Contract for purposes connected with a business, then I have legal rights under the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013 to cancel the Contract within 14 days (the "Cancellation Period") without giving any reason to Human Capital Index Limited / Labyrinth Coaching & Consulting. I accept that the Cancellation Period will expire 14 days after the date of the Confirmation.

10.2 If I wish to cancel the Contract within the Cancellation Period, I may inform Human Capital Index Limited / Labyrinth Coaching & Consulting by completing the online short course cancellation request form. If I am unable to complete an on-line form, I may inform Human Capital Index Limited / Labyrinth Coaching & Consulting in writing using the email address provided at paragraph 2.2.

10.3 Human Capital Index Limited / Labyrinth Coaching & Consulting will not start providing the Services to me during the Cancellation Period unless I expressly request Human Capital Index Limited / Labyrinth Coaching & Consulting to do so.

10.4 If I cancel the Contract within the Cancellation Period, Human Capital Index Limited / Labyrinth Coaching & Consulting will refund me the Fees that I have paid within 14 days of the date on which I inform Human Capital Index Limited / Labyrinth Coaching & Consulting that I wish to cancel the Contract. However, I acknowledge that if I have expressly requested that Human Capital Index Limited / Labyrinth Coaching & Consulting start providing the Services within the Cancellation Period, for example by attending the Course, then Human Capital Index Limited / Labyrinth Coaching & Consulting will be entitled to charge me a reasonable sum for the Services provided based on the proportion of the Course I have undertaken. As a result, Human Capital Index Limited / Labyrinth Coaching & Consulting can deduct this sum from any refund payable to me.

10.5 I acknowledge that the other paragraphs of these Terms set out my other rights to cancel the Contract which are in addition to, and do not affect my rights under this paragraph 11.

11. My other cancellation rights

11.1 I may cancel the Contract after the Cancellation Period but before the Course starts providing I give Human Capital Index Limited / Labyrinth Coaching & Consulting written notice. I accept that in these circumstances I will remain liable for the Fees and will not be entitled to a refund of the Fees paid except in the circumstances laid out in paragraph 11.3 below.

11.2 I may also cancel the Contract after expiry of the Cancellation Period and after the commencement of the Course providing I give Human Capital Index Limited / Labyrinth Coaching & Consulting written notice. I accept that in these circumstances I will remain liable for the Fees and will not be entitled to a refund of the Fees paid.

11.3 I understand and accept that:

• 12.3.1 if I provide Human Capital Index Limited / Labyrinth Coaching & Consulting with written notice to cancel the Contract outside of the Cancellation Period but at least 28 days before the Course starts, I will be entitled to a refund of the Fees I have paid;
• 11.3.2 if I provide Human Capital Index Limited / Labyrinth Coaching & Consulting with written notice to cancel the Contract outside of the Cancellation Period and fewer than 28 days before the Course starts, I will not be entitled to any refund of the Fees unless I am able to find a replacement student to take my place on the Course. If I am able to find a replacement student and I notify Human Capital Index Limited / Labyrinth Coaching & Consulting in writing of the replacement student's name no later than 1 week before the Course starts then in these circumstances, I accept that I will be entitled to a refund of the Fees paid once the replacement student has paid their Fees.

11.4 I may also cancel the Contract at any time if:

• 11.4.1 Human Capital Index Limited / Labyrinth Coaching & Consulting breaks the Contract in a material way and does not correct the situation within 28 days (where my Course is 1 month or more in duration) or 14 days (where my Course is less than 1 month in duration) of me asking Human Capital Index Limited / Labyrinth Coaching & Consulting in writing to do so; or
• 11.4.2 Human Capital Index Limited / Labyrinth Coaching & Consulting goes into liquidation or a receiver or administrator is appointed over Human Capital Index Limited / Labyrinth Coaching & Consulting’s assets.

11.5 If I cancel the Contract for any reasons set out in paragraph 11.4. I accept that I will receive a full refund of any Fees paid.

11.6 I understand and accept that any refunds payable under this paragraph 11 may take up to 14 days to process.

12. Human Capital Index Limited / Labyrinth Coaching & Consulting’s cancellation rights 

12.1 Human Capital Index Limited / Labyrinth Coaching & Consulting may cancel the Contract no later than 5 working days before the Course starts) if for example there is insufficient availability of tutors or rooms for the Course to be taught, or insufficient demand for the Course to make its running economically viable (as determined by Human Capital Index Limited / Labyrinth Coaching & Consulting). Human Capital Index Limited / Labyrinth Coaching & Consulting will notify me as soon as reasonably practicable in the event Human Capital Index Limited / Labyrinth Coaching & Consulting cancels the Contract under this paragraph 13.1. In these circumstances I can either:

• 12.1.1 transfer onto an alternative available course for which I am qualified to undertake (and receive a partial refund of the Fees if the fees for the alternative course are less than the Fees for the Course); or
• 12.1.2 cancel the Contract and receive either a credit note of the Fees valid for 6 months from the date of issue or a refund of the Fees.

12.2 Human Capital Index Limited / Labyrinth Coaching & Consulting may cancel the Contract if an Event Outside Human Capital Index Limited / Labyrinth Coaching & Consulting’s Control prevents Human Capital Index Limited / Labyrinth Coaching & Consulting from providing the Services when it is supposed to for a period of 4 weeks or more or if Human Capital Index Limited / Labyrinth Coaching & Consulting loses its right for the purposes of relevant legislation to provide the Services. In these circumstances, Human Capital Index Limited / Labyrinth Coaching & Consulting will provide me with:

• 12.2.1 a pro-rata refund of any Fees paid as at the date of cancellation (such pro-rata refund being calculated based upon the teaching delivered as at the point of cancellation as against the teaching which was due to be delivered had the Contract been completed); and
• 12.2.2 a certificate of attendance upon request (to the extent I commenced study on the Course).

12.3 Human Capital Index Limited / Labyrinth Coaching & Consulting may cancel the Contract or suspend me from the Course on written notice to me if:

• 12.3.1 my attendance falls below reasonably acceptable levels (other than for reasons outside my reasonable control);
• 12.3.2 I do not pay the Fees when I am supposed to;
• 12.3.3 Human Capital Index Limited / Labyrinth Coaching & Consulting discovers that I do not have an immigration status entitling me to undertake the Course;
• 12.3.4 I break the Contract in a material way and do not correct the situation within 5 days of Human Capital Index Limited / Labyrinth Coaching & Consulting asking me in writing to do so;
• 12.3.5 I give my login details to any third party without Human Capital Index Limited / Labyrinth Coaching & Consulting prior written permission; or
• 12.3.6 I share Course content with any third party without Human Capital Index Limited / Labyrinth Coaching & Consulting’s prior written permission.

13. Payment of refunds

13.1 I accept that if I become entitled under these Terms to receive a refund from Human Capital Index Limited / Labyrinth Coaching & Consulting then:

• 13.1.1 refunds will be paid in either GBP, EURO or AED, and Human Capital Index Limited / Labyrinth Coaching & Consulting will not be responsible for any losses I suffer as a result of currency exchange fluctuations or exchanges; and
• 13.1.2 Human Capital Index Limited / Labyrinth Coaching & Consulting will pay any refunds using the same payment methods I used to pay the Fees. 

14. Postponement of classes

14.1 If a class is postponed for reasons for which Human Capital Index Limited / Labyrinth Coaching & Consulting is responsible, including staff illness, Human Capital Index Limited / Labyrinth Coaching & Consulting will make every reasonable effort to reschedule the class or to add the missed hours on to the remaining Course classes.

14.2 In these circumstances I acknowledge that Human Capital Index Limited / Labyrinth Coaching & Consulting apologises for any inconvenience caused and I am encouraged to contact the Office if I have any concerns.

15. Transfers and substitutions

15.1 I acknowledge that I may transfer onto an alternative course as long as:

• 15.1.1 a place on a suitable alternative course is available which I am qualified to undertake;
• 15.1.2 I make a written request to transfer at least 2 weeks before the original Course is due to start or, if I make a request to transfer later than this, and I find a replacement student for my place;
• 15.1.3 I pay the difference between the Fees I have paid and any increased or additional fees applicable to the alternative course; and
• 15.1.4 I have not already transferred between courses on a previous occasion.

15.2I acknowledge that I may transfer my place on the Course to a replacement student as long as:

• 15.2.1 I notify Human Capital Index Limited / Labyrinth Coaching & Consulting in writing of the replacement student's name no later than 1 week before the Course starts; and
• 15.2.2 the replacement student satisfies all of the requirements set out in these Terms and conditions.
• 15.3 I accept that I may not transfer to another course once my Course has started 

16. Non-attendance 

16.1 Non-attendance at classes due to reasons other than Human Capital Index Limited / Labyrinth Coaching & Consulting’s default does not entitle me to refunds, extra tuition or a transfer.

16.2 If, for reasons outside my own reasonable control (such as illness) I miss classes, Human Capital Index Limited / Labyrinth Coaching & Consulting will use its reasonable endeavours to offer me reasonable additional support, subject to me paying Human Capital Index Limited / Labyrinth Coaching & Consulting’s additional charges (such charges to be notified to me and approved by me in advance).

16.3 In the case of Online Short Courses, in the event that I am unable to attend a class via the VLE, Human Capital Index Limited / Labyrinth Coaching & Consulting shall, subject to paragraph 21.2, use reasonable efforts to provide me with access to an archived recording of the class.

17. Events outside Human Capital Index Limited / Labyrinth Coaching & Consulting’s control

17.1 Human Capital Index Limited / Labyrinth Coaching & Consulting shall not be responsible for any failure to perform or delay in performing its obligations under the Contract that is due to an Event Outside Human Capital Index Limited / Labyrinth Coaching & Consulting’s Control. If an Event Outside Human Capital Index Limited / Labyrinth Coaching & Consulting’s Control takes place which affects its obligations under the Contract then I accept that:

• 17.1.1 Human Capital Index Limited / Labyrinth Coaching & Consulting will contact me as soon as reasonably possible to notify me;
• 17.1.2 Human Capital Index Limited / Labyrinth Coaching & Consulting’s obligations under the Contract will be suspended and its time for performance extended for the duration of the Event Outside Human Capital Index Limited / Labyrinth Coaching & Consulting’s Control;
• 17.1.3 Human Capital Index Limited / Labyrinth Coaching & Consulting will use reasonable endeavours to mitigate the impact of any disruption and recommence its obligations affected by an Event Outside Human Capital Index Limited / Labyrinth Coaching & Consulting’s Control; and
• 17.1.4 Human Capital Index Limited / Labyrinth Coaching & Consulting will restart the Services as soon as possible when the Event Outside Human Capital Index Limited / Labyrinth Coaching & Consulting’s Control is over. 

18. Human Capital Index Limited / Labyrinth Coaching & Consulting’s liability to you

18.1 If Human Capital Index Limited / Labyrinth Coaching & Consulting fails to comply with the Contract, Human Capital Index Limited / Labyrinth Coaching & Consulting is responsible for loss or damage that I suffer that is a foreseeable result of Human Capital Index Limited / Labyrinth Coaching & Consulting’s breach of the Contract, or Human Capital Index Limited / Labyrinth Coaching & Consulting’s negligence. Human Capital Index Limited / Labyrinth Coaching & Consulting is not responsible for any loss or damage that is not foreseeable. I accept that loss or damage is foreseeable if it is an obvious consequence of Human Capital Index Limited / Labyrinth Coaching & Consulting’s breach or if it is contemplated by me and Human Capital Index Limited / Labyrinth Coaching & Consulting at the time the Contract was entered into.

18.2 Human Capital Index Limited / Labyrinth Coaching & Consulting does not exclude or limit in any way its liability for:

• 18.2.1 death or personal injury caused by Human Capital Index Limited / Labyrinth Coaching & Consulting’s negligence or the negligence of Human Capital Index Limited / Labyrinth Coaching & Consulting’s employees, agents or subcontractors;
• 18.2.2 fraud or fraudulent misrepresentation;
• 18.2.3 any other liability that cannot be excluded by law. 

19. Certificate 

19.1 On successful completion and achievement of any specified progression grades relating to the Course being undertaken, a certificate of attendance will be issued to me in the name specified in my Application Form, if I have attended at least 80% of the sessions on the Course, unless I undertake a Conditional Course, in which case I will be required to attend 90% of the sessions on the Conditional Course in order to be issued with a certificate.

19.2 As expressly stated on the Website, Human Capital Index Limited / Labyrinth Coaching & Consulting will only issue certificates of attendance and not certificates of attainment of a particular grade, qualification or standard.

19.3 I will receive by email a digital certificate of attendance at the end of my Course in accordance with the terms of this paragraph 19. Non-attendance of any classes of the Course cannot be substituted by viewing archives.

19.5 If I lose my certificate of attendance, replacements can be provided up to 1 year from completion of the Course, free of charge for a digital certificate. 

20. Conditional Courses

20.1 I accept that if I undertake a Conditional Course, progression on to a qualification is conditional upon satisfactory attendance of lessons, assessments, tasks, the submission of course work and the successful achievement of the specified progression grades relating to the Conditional Course being undertaken. I accept that if I fail to attend the lesson, participate in assessments, tasks and submit course work on time without good reason, or without the permission of Human Capital Index Limited / Labyrinth Coaching & Consulting, Human Capital Index Limited / Labyrinth Coaching & Consulting may consider that I have deemed to have withdrawn from, or be required to leave the Conditional Course.

21. Online Short Courses

21.1 Online Short Courses will be delivered using the VLE. Human Capital Index Limited / Labyrinth Coaching & Consulting will provide me with information on how to access the VLE prior to the commencement of the Course. I acknowledge that I may only use the content on the VLE for my own personal learning and I am not permitted to adapt or use it for any other purpose other than for my own learning of the Course.

21.2 Access to an Online Short Course will remain in place for a maximum of 2 weeks after the Online Short Course comes to an end at which point I will no longer have access to it or the VLE.

21.3 The Online Short Course content has been created by tutors who are predominantly based in the United Kingdom and as such caters to the environment and culture in the United Kingdom. Whilst it is not their intention, it is possible that such Course content may cause offence to cultural or religious sensitivities.

21.4 I agree to:

• 21.4.1 ensure that I will be present on the VLE to attend the Online Short Course at the scheduled times for the entire duration of the sessions, which are always stated as UK time and factoring in the changes in time between GMT to BST;
• 21.4.2 use computing equipment which meets the minimum requirements for hardware, software and internet bandwidth to ensure Live Virtual Classroom access, and
• 21.4.3 ensure I have the right equipment and materials as prescribed in the “Materials” section in my Course description.

21.5 I acknowledge that the cost of any equipment and internet access are not included in the Fees and will be my own responsibility.

21.6 I accept that it will be my responsibility to check that any materials and equipment, or other devices I intend to use for the purposes of undertaking the Course is compatible with the specification requirements of the Course as set out in these Terms.

21.7 I acknowledge and agree that failure to comply with paragraph 21.4 may limit my progress on the Online Short Course. I accept that progression and successful completion of the Online Short Course is conditional upon satisfactory attendance of lessons, any online assessments, the submission of any online course work and the successful achievement of any specified progression grades relating to the Course being undertaken. I accept that if I fail to attend the lesson, participate in online assessments and submit online course work on time without good reason, or without the permission of Human Capital Index Limited / Labyrinth Coaching & Consulting, Human Capital Index Limited / Labyrinth Coaching & Consulting may consider that I have deemed to have withdrawn from, or be required to leave the Course.

21.8 If there are problems with my connection to the VLE which disrupt other students who are enrolled on the Online Short Course, Human Capital Index Limited / Labyrinth Coaching & Consulting reserves the right to remove me from the Online Short Course until I have been able to resolve the issue.

21.9 Human Capital Index Limited / Labyrinth Coaching & Consulting will use reasonable endeavours to make an Online Short Course available but cannot guarantee uninterrupted, timely or error-free availability or that defects will be corrected.  Human Capital Index Limited / Labyrinth Coaching & Consulting reserves the right to suspend access to the VLE and Online Short Course for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the VLE. Human Capital Index Limited / Labyrinth Coaching & Consulting will use reasonable endeavours to give me reasonable notice in the event of any suspension or withdrawal of the VLE of which Human Capital Index Limited / Labyrinth Coaching & Consulting is aware. I accept and acknowledge that providing Human Capital Index Limited / Labyrinth Coaching & Consulting has complied with the provisions of this paragraph 21.9, Human Capital Index Limited / Labyrinth Coaching & Consulting will not be held responsible for any technical problems I encounter following the purchase of an Online Short Course, and accepts no liability to the extent there are errors, defects, interruptions and periods of suspension relating to the VLE.

21.10 I should always keep separate copies of work I upload onto the VLE. To the extent permitted by law, Human Capital Index Limited / Labyrinth Coaching & Consulting accepts no liability whatsoever for loss, destruction or corruption of or to data or content uploaded onto the VLE. 

22. Online Short Courses: content, access, sharing and reproduction

22.1 Without prejudice to paragraph 23.3, I agree that I will not record, reproduce, download, modify, re-publish, sub-license, sell, share, broadcast, transmit, make available, disseminate or distribute in any way any of the content provided to me as a part of my Online Short Course.

22.2 Without prejudice to paragraph 22.4, I further agree not to record, reproduce, download, modify, re-publish, sub-license, sell, share, broadcast, transmit, make available, disseminate or distribute in any way any content created or uploaded by other students as available on the VLE.

22.3 I may download and use Online Short Course materials where available, for my own personal, non-commercial use only.

22.4 I acknowledge that due to the interactive nature of the Online Short Courses, at times it may be appropriate for me and other students to reproduce, download, modify, adapt and/or re-publish other students' material uploaded onto the VLE in relation to the Online Short Course and I agree that other students may do this in relation to content that I upload.

22.5 When I upload material to the VLE as part of my Online Short Course, I confirm that I am entitled to upload this material for this purpose and that this will not in any way infringe any other person's rights.

22.6 I will not upload or share with other students or tutors any material which is unlawful or unsuitable according to societal norms in the United Kingdom, Europe, United Arab Emirates, or our policies. This includes uploading of material that is false, obscene, sexist, racist, homophobic, defamatory, illegal, abusive, threatening, extremist, destructive (like malware, viruses, bugs, etc.) or otherwise discriminatory, offensive, disruptive or objectionable to others.

22.7 I agree that Human Capital Index Limited / Labyrinth Coaching & Consulting shall be under no obligation to monitor, screen or censor any of the content that I or any third party uploads to the VLE. To the fullest extent permitted by law, Human Capital Index Limited / Labyrinth Coaching & Consulting accept no responsibility for any such content.

22.8 Human Capital Index Limited / Labyrinth Coaching & Consulting reserves the right to suspend access to the VLE or remove any material I upload or share with other students or tutors in breach of these Terms.

22.9 By uploading material to the VLE, I give Human Capital Index Limited / Labyrinth Coaching & Consulting the right to use the material in any part of its courses and to include my material in its own online and print material for promotional purposes. I accept that if I do not wish to give Human Capital Index Limited / Labyrinth Coaching & Consulting the right to use my uploaded material I must notify Human Capital Index Limited / Labyrinth Coaching & Consulting in writing by emailing Human Capital Index Limited / Labyrinth Coaching & Consulting at the Short Course Office prior to the commencement of the Course.

22.10 The VLE and Online Short Course materials may contain links or embedded links to third party content and websites. These links are provided for my reference only and Human Capital Index Limited / Labyrinth Coaching & Consulting does not endorse the content or the operations associated with them. Human Capital Index Limited / Labyrinth Coaching & Consulting has no control over such content and cannot accept any liability for such third party content. I should be aware that accessing such content will be subject to third party terms of use and privacy policies.

22.11 Online Short Courses regularly makes use of third party service providers like Google, Facebook, Twitter, You Tube, Vimeo etc. some of which might be blocked in some countries. I acknowledge that it is my sole responsibility to ensure I am able to access the content of Online Short Courses including content on third party service providers. I accept that if I require further advice as to what service providers will be used on any Online Short Course, I should contact the Short Course Office.

22.12 Human Capital Index Limited / Labyrinth Coaching & Consulting is not responsible for the location, hardware and infrastructure I choose to access VLE from and as such it is my responsibility to comply with any necessary health and safety regulations that apply.

23. Data protection

23.1 Human Capital Index Limited / Labyrinth Coaching & Consulting will process Personal Data, including Sensitive Personal Data, in accordance with the Data Protection Laws. I understand and accept that Human Capital Index Limited / Labyrinth Coaching & Consulting will use my data as set out in Human Capital Index Limited / Labyrinth Coaching & Consulting’s Privacy Policy.  

Registrants for any CMI qualification also give their express permission for Human Capital Index Limited / Labyrinth Coaching & Consulting to share their data with CMI for the purposes of registration, membership and certification.

24. Complaints 

24.1 If I have any complaints about the Services, I should raise this with Human Capital Index Limited / Labyrinth Coaching & Consulting by contacting the Office.

25. Other important terms 

25.1 Human Capital Index Limited / Labyrinth Coaching & Consulting may transfer its rights and obligations under any Contract to another organisation, and Human Capital Index Limited / Labyrinth Coaching & Consulting will always notify me in writing if this happens, but this will not affect my rights or Human Capital Index Limited / Labyrinth Coaching & Consulting’s obligations under the Contract.

25.2 Except as set out in paragraph 16.2 I may not transfer my rights or obligations to any other person.

25.3 The Contract is between me and Human Capital Index Limited / Labyrinth Coaching & Consulting. No other person shall have any rights to enforce any of its terms.

25.4 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.

25.5 If Human Capital Index Limited / Labyrinth Coaching & Consulting fails to insist that I perform any of my obligations under the Contract, or if Human Capital Index Limited / Labyrinth Coaching & Consulting does not enforce its rights against me, or if Human Capital Index Limited / Labyrinth Coaching & Consulting delays in doing so, that will not mean that Human Capital Index Limited / Labyrinth Coaching & Consulting has waived its rights against me and will not mean that I do not have to comply with those obligations. If Human Capital Index Limited / Labyrinth Coaching & Consulting does waive a default by me, Human Capital Index Limited / Labyrinth Coaching & Consulting will only do so in writing, and that will not mean that Human Capital Index Limited / Labyrinth Coaching & Consulting automatically waives any later default by me.