Terms and Conditions for Booking Online Workshops

These are the Terms of Business for Booking Online Workshops (“Terms”) of The Myers-Briggs Company Limited, a company registered in England and Wales (registered number 2218212) and cover the European branch offices and operations of The Myers-Briggs Company Limited (including The Myers-Briggs Company - France, The Myers-Briggs Company - Netherlands and The Myers-Briggs Company - Germany). When we refer to “The Myers-Briggs Company”, “we”, “us” and “our” we mean The Myers-Briggs Company Limited and our European branch offices, unless otherwise stated.

If you have questions about any of these Terms, please contact The Myers-Briggs Company's Client Support Team on +44 1865 404610 or +44 1865 404500.

Definitions

“Authorised User” means Registered Users who are employees, members or other representatives of the Client accessing the Online Workshop and Workshop Materials and authorised to do so by the Client and provided with Online Workshop registration and log-in details by The Myers-Briggs Company;

“Client” means any person or organisation purchasing Materials;

“Fee” means the fees charged by The Myers-Briggs Company in relation to the provision of the Workshop and Workshop Materials;

“Materials” means The Myers-Briggs Company’s assessment and training materials, including Restricted Materials, whether printed materials or recorded on any other medium;

“The Myers-Briggs Company” means The Myers-Briggs Company Limited of Sandringham House, First Floor, Heritage Gate, East Point Business Centre, Sandy Lane West, Oxford, OX4 6LB and the use of the words “us”, “our” or “we“ refers to The Myers-Briggs Company Limited throughout these terms and conditions;

“Registered User” means an individual who is registered with The Myers-Briggs Company as qualified to administer one or more of The Myers-Briggs Company’s psychometric assessments to respondent test-takers, provided via the Service, to interpret reports compiled from respondent test-taker responses and to provide feedback to respondent test-takers (and whose account has not been suspended);

“Restricted Materials” means any psychometric assessments or materials (including questionnaire booklets, score keys and weights, answer sheets and profile sheets) that at the time of purchase, are identified as restricted in The Myers-Briggs Company’s current catalogue, in The Myers-Briggs Company’s sales literature, on the website or on the tests or materials themselves;

“Online Workshops” means the interactive subject stream;

“Workshop Materials” means all course manuals and e-learning products, question banks, knowledge banks, course notes and any other materials supporting the Workshop written by The Myers-Briggs Company or its third party suppliers to be supplied to the Authorised User on payment of the Fee.

1 Learning programme terms, content and prices

1.1 The details of the design and content of Online Workshops and their prices are correct at the time of publication, but they may be subject to change without notice.

1.2 The Myers-Briggs Company reserves the right to cancel or reschedule Online Workshops without penalty or liability if there are insufficient bookings, or for reasons outside The Myers-Briggs Company’s control.

1.3 Only Authorised Users shall attend the Online Workshops and, for the avoidance of doubt, such Authorised User shall have to be Registered Users in order to register for an Online Workshop.

2 Payment

2.1 Fees are payable for each and every Authorised User and includes supply to each Authorised User of registration and log-in details and provision of the Workshop Materials. It is an express term of these Terms that you advise The Myers-Briggs Company how many people will be accessing the Online Workshop and the fee is payable per person accordingly. If the number changes, the Authorised User and/or Client will immediately notify The Myers-Briggs Company of the same and pay The Myers-Briggs Company any additional amount due.

2.2 Fees are payable within 30 days of the date of invoice or 28 days prior to the start of all Online Workshops, whichever is the earlier date. Immediate payment by credit card or cheque will be required on any bookings received within 28 days of the start date. Clients with a credit account will be invoiced (provided a PO has been provided at the time of order and the Fees payable are within the applicable credit limit) and Fees shall be payable according to the agreed credit terms, irrespective of the programme start date. Payment or part payment of Fees may be made against available credit on a Voucher (see Terms of Business for Vouchers), including for the avoidance of doubt, where a Voucher has been purchased on credit terms.

2.3 Where The Myers-Briggs Company has quoted a price for an Online Workshop in euros (€), US dollars ($) or any other currency, the price shall be paid in accordance with the currency set forth on the invoice.

2.4 VAT at the standard UK rate is chargeable on all fees for Online Workshops held in the UK, where the Online Workshops will be, regardless of the country of residence of the Authorised User. Where programmes are held in other EU countries, VAT will be charged as required by the country concerned.

2.5 The Myers-Briggs Company reserves the right to charge interest and costs of recovery in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).

3 Accessing Workshops and Workshop Materials

3.1 It is a condition of sale that ownership of Workshop Materials shall not transfer to the Client, Authorised User or his employer (as the case may be) until full payment is received by The Myers-Briggs Company in respect of the relevant programme and then only subject to these Terms. If payment is not received by its due date, The Myers-Briggs Company may repossess any Workshop Materials that have not been paid for.

3.2 The registration instructions and log-in details for Online Workshops are personal to each participant and are non-transferrable. They may not used by anyone else at the Client’s organisation nor may they be transferred or supplied to any third party or organisation other than the Client.

3.3 If an Authorised User or anyone else attempts to make multiple use of the registration and log-in details supplied by The Myers-Briggs Company by disclosing such details to others, the Authorised User and the Client will be liable for the number of people who subsequently attend the Online Workshop using your registration details. The Myers-Briggs Company reserves the right to seek reimbursement of unpaid charges from the Authorised User and/or Client and/or the attendees who have not paid for the Online Workshops.

3.4 Use of our Assessment Platforms. Where use of our Materials comprises access to our online assessment platforms, the terms of the relevant platform should also be complied with. The following platform terms are incorporated herein by reference, as applicable to your usage:

4 Transfer policy

4.1 Once an Online Workshop has been booked, should an Authorised User wish to transfer from one date to another the following transfer fees are payable:

Transfer request received by The Myers-Briggs Company	Fee payable
Fewer than seven days before the Online Workshop starts	50% of the fee payable

Between seven and 28 days before the Online Workshop starts	25% of the fee payable

4.2 All requests for transfer of an Online Workshop to another date must be made in writing.

4.3 For all requests for transfer of an Online Workshop to another date, the alternative date must be provided to The Myers-Briggs Company within one (1) month of the transfer request, failing which the transfer request will no longer apply and the booking shall be deemed cancelled. In such event, the cancellation fees as set forth in Clause 5 shall apply and the fees, as set forth in Clause 5 below shall be payable in full in replacement of the above transfer request fees.

5 Cancellation policy

In respect of cancellation by The Myers-Briggs Company, a full refund will be given upon return to The Myers-Briggs Company of any pre-course materials already dispatched.

In respect of a cancellation by an Authorised User, the following cancellation charges are payable:

Cancellation received by The Myers-Briggs Company	Fee payable
Fewer than seven days before the Online Workshop starts, or if the participant fails to attend	Full fee payable

Between seven and 28 days before the Online Workshop starts	50% of the fee payable

More than 28 days before the Online Workshop starts	No fee payable, except a charge for any precourse materials already dispatched

All cancellations must be made in writing.

6 Substitutions on Online Workshop

6.1 Substitutions can be accepted without charge at any time, provided that the substitute fulfils the entrance requirement for the applicable Online Workshop and has completed any pre-course study.

7 Copyright and Intellectual Property

7.1 All right, title and interest (including all copyrights and other intellectual rights) in the Online Workshops and Workshop Materials belong to The Myers-Briggs Company (or its third party licensors as may be applicable). You acquire no rights or ownership of copyright or other intellectual property rights or proprietary interest in the same or in any copies thereof. Except as specifically provided herein, you may not use the Workshop Materials in any way that infringes the copyright or proprietary interests of such materials. You may not remove or obscure any copyright notices, logos or other notices contained in the Workshop Materials.

7.2 The Myers-Briggs Company grants you a non-exclusive, non-transferable, limited licence to use the Workshop Materials only in accordance with these Terms and for the purposes only of providing professional services in accordance with your Registered User qualifications.

This licence is subject to the following limitations:

(a) with the exception of the slide kit, video and sound files provided to you as part of the Workshop Materials and which you may use, subject to compliance with the ethical guidelines, you are not permitted to alter any other Workshop Materials in any way without The Myers-Briggs Company’s prior written consent;

(b) you may not make copies of or otherwise distribute the Workshop Materials;

(c) you are prohibited from in any other way directly or indirectly reproducing, transmitting, displaying, printing, copying, distributing, or otherwise using the Workshop Materials.

8 Supply of product

8.1 Where your business is based outside Europe, please note that qualification in the use of certain instruments does not automatically mean that The Myers-Briggs Company will be able to supply you with such instruments. If this applies to you, please seek advice from the Customer Support Team before booking an Online Workshop.

8.2 All Clients shall be required, in using Materials to verify any local requirements and/or restrictions on using psychometric tests in general and Materials in particular, in that jurisdiction, whether imposed by law, regulation or by a local regulatory or governmental body. Where any local requirements and/or restrictions exist that alter the criteria for, or prevent, use of Materials within a particular jurisdiction, it shall be the responsibility of the Client to ensure that it fully complies with any and all such local requirements and/or restrictions. Where any Client uses Materials in a particular jurisdiction in contravention of any local requirements and/or restrictions, whether knowingly or inadvertently, such Client shall be solely responsible and liable for such use and shall hold harmless and indemnify The Myers-Briggs Company in respect of any loss or claim by a third party against The Myers-Briggs Company arising from such. Further, in the event that a Client has failed to ensure that any Materials may be legitimately used within a particular jurisdiction and subsequently purchases Materials for use in that jurisdiction, such Client shall be liable for the costs thereof and The Myers-Briggs Company shall bear no responsibility or liability for return of such The Myers-Briggs Company materials or the reimbursement of any associated costs.

9 Liability

9.1 The Myers-Briggs Company will endeavour to notify participants as soon as reasonably possible if an Online Workshop has to be cancelled.

9.2 The Myers-Briggs Company will also endeavour to ensure that any description of the design or content of an Online Workshop is as informative as possible, but it is for participants to take responsibility for whether or not such Online Workshop is suitable for their needs.

9.3 The Myers-Briggs Company’s liability arising under or as a result of the provision of the Online Workshop whether in contract, tort, breach of statutory duty or otherwise will not exceed the price paid by the Client (or his employer) for such Online Workshop. Nothing in these Terms will exclude or limit The Myers-Briggs Company’s liability for death or personal injury, or for fraud on The Myers-Briggs Company’s part, or for any liability that cannot be excluded by law. Subject to the foregoing sentence, The Myers-Briggs Company will not be liable for any indirect or consequential loss, loss of business, profit, revenue, data or goodwill, or for lost or wasted management time.

10 Data Protection and Privacy

10.1 The Myers-Briggs Company is committed to protecting and respecting Client’s and other users’ privacy and to acting in compliance with the UK Data Protection Act 2018 (UK DPA), UK GDPR and EU GDPR (the General Data Protection Regulation (EU) 2016/ 679) and any applicable enacting, successor, supplementing or amending legislation. You should read our Data Protection Statement and our Privacy Policy as they will help you understand how we collect, use, store and otherwise process your personal data and other information.

10.2 Client agrees to be bound by the Data Processing Terms as set forth in the Schedule incorporated herein, unless otherwise agreed in writing between The Myers-Briggs Company Limited and the Client.

10.3 Client further consents that The Myers-Briggs Company, at its discretion, may monitor the Registered Users and access to the Online Workshop, including the number of computers and their IP addresses to ensure that the registration and/or log-in details have not been distributed.

11 Exclusions

Any condition, representation or warranty that might otherwise be implied or incorporated within these Terms by reason of statute or common law or otherwise is hereby expressly excluded to the fullest extent permitted by law.

12 Variation

These Terms shall apply to the exclusion of all other terms and conditions, including any that you attempt to apply under any purchase order, booking confirmation or any other document; and, no variation of these Terms requested by you shall be effective unless in writing and signed on behalf of The Myers-Briggs Company by one of its directors. The Myers-Briggs Company reserves the right to change these Terms at any time without prior notice to you, so please check them regularly.

The Myers-Briggs Company reserves the right to change these Terms at any time without prior notice to you, so please check them regularly. These Terms were revised in September 2021.

13 Governing law

These Terms and conditions are governed by English law and you agree you will only sue us in the courts of England. The place of performance of the contract will be England.

14. Further information

If you wish to raise any query, please contact info.eu@themyersbriggs.com or call our Client Services on + 44 (0)1865 404610.

The Myers-Briggs Company Limited
Registered in England and Wales
Company Number 2218212