Terms of Business for Booking In-House Learning Programmes

These are the Terms of Business for In-House Learning Programmes (“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.

1. Definitions

"Business Day" means a day (not being a Saturday or Sunday) on which banks are open for general banking business in the City of London. Where “days” is referred to, this shall not be interpreted as Business Days;

"Client" means the organisation contracting with The Myers-Briggs Company for the provision of in-house learning programmes as identified in the Terms of Engagement;

"Contract" means the contract formed by the acceptance and return by the Client of the Terms of Engagement, and such contract shall be governed by these Terms and the Terms of Engagement;

"Deliverables" means those items identified as such in the Terms of Engagement (if any) to be provided by The Myers-Briggs Company to the Client in the course of delivering the Services;

"Materials" means The Myers-Briggs Company’s assessment and training materials, including any Course Materials provided by The Myers-Briggs Company as part of the Services (including course manuals, e-learning products, question banks, knowledge banks, course notes and any other materials supporting the learning programme written by The Myers-Briggs Company or its third party suppliers to be supplied to the Client), and Restricted Materials, whether printed materials or recorded on any other medium (such as video, DVD, CD-ROM or other software programme;

"The Myers-Briggs Company" means The Myers-Briggs Company Limited together with its European branch offices (including The Myers-Briggs Company - France, The Myers-Briggs Company - Netherlands and The Myers-Briggs Company - Germany);

"The Myers-Briggs Company Terms" means these standard Terms of Business for In-House Learning Programmes;

"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;

"Services" means the work to be undertaken by The Myers-Briggs Company for the Client as described in the Terms of Engagement;

"Terms of Engagement" means the letter or other statement provided to the Client by The Myers-Briggs Company, incorporating these Terms, which outlines the nature of the Services, the deliverables to be provided, the fees and expenses payable and the time frame for completion of the Services, together with any other terms specific to the engagement with the Client.

2. The Services

2.1 The Myers-Briggs Company will provide the Services to the Client on, and subject to, The Myers-Briggs Company Terms and the Terms of Engagement. The Myers-Briggs Company will not start providing the Services until The Myers-Briggs Company has received written acceptance of the Terms of Engagement by an authorised representative of the Client. By accepting the Terms of Engagement, the Client also agrees to be bound by these Terms to the exclusion of all other terms and conditions (including any terms or conditions which the Client purports to apply under any purchase order, confirmation of order, specification or other document). The Terms of Engagement, once signed and returned by the Client, shall, together with these Terms, form the contract between The Myers-Briggs Company and the Client.

2.2 In accepting the Terms of Engagement, the Client authorises The Myers-Briggs Company to proceed with all relevant preparations for providing the Services, including but not limited to purchase of materials, booking travel and accommodation and booking venues (if required).

2.3 The Myers-Briggs Company shall provide the Services using reasonable skill and care.

2.4 The Myers-Briggs Company shall use its reasonable endeavours to ensure that any description of the design or content of learning programmes is as informative as possible, but it is for the Client to take responsibility, at the time of acceptance of the Terms of Engagement, for deciding whether or not a programme is suitable for their needs and suitable for the needs of individual participants.

2.5 The Client understands and acknowledges that successful completion of qualification programmes requires participants to demonstrate an understanding of underlying principles, and competence in administration and feedback of the instrument(s) concerned.

2.6 Where any learning programme requires work to be completed prior to attendance (pre-work as detailed in confirmation emails sent by The Myers-Briggs Company), we reserve the right to deny attendance at the scheduled learning programme if the pre-work has not been completed. In such event, the participant would be offered transfer to an alternative learning programme subject to payment of a transfer fee in accordance with Clause 5.1.

2.7 Only fee paying delegates are allowed to participate in and/or observe any event or learning programme, including the workshop and associated activities, unless agreed within the Terms of Engagement or otherwise by prior written agreement between Client and The Myers-Briggs Company.

2.8 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:

3. Virtual delivery of learning programmes

Where Services, including a learning programme, or any element thereof, is to be delivered virtually, the following terms shall apply:

3.1 Only those participants registered for the learning programme shall be permitted to attend the learning programme session(s).

3.2 The registration instructions and log-in details for learning programmes are personal to each participant. They may not be used by anyone else nor may they be transferred or supplied to any third party or organisation.

3.3 If any participant 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 participant and its employing organisation will be liable for the number of people who subsequently attended the learning programme using the registration details. Only participants registered for the learning programme and completing all aspects of the programme shall be entitled to receive qualification under the programme.

3.4 Participants acknowledge that participation in learning programmes requires use of certain technologies. Participants will, at their own expense: (a) provide their own viewing venue, computer systems, internet service, and other technology, devices, and accommodations necessary to participate in a learning programme session; (b) obtain any software necessary to participate in the learning programme session, including, without limitation, their own Zoom video-conferencing capability and access (or other provider as specified by The Myers-Briggs Company); and (c) comply with all reasonable additional technology requirements prescribed by The Myers-Briggs Company in writing. The Myers-Briggs Company accepts no responsibility or liability for any failure in the above technology requirements.

3.5 The Myers-Briggs Company shall not be liable for any interruption to service or availability of internet connection or video-conferencing facility caused by equipment or technologies supplied, used or made available by the participant nor for participant’s inability to access any virtual programme or content or functionality that forms part of the programme, nor for any interruption to service or availability of internet connection or video-conferencing facility caused by factors not under the control of The Myers-Briggs Company.

3.6 In addition to the data protection and privacy terms set forth in Clause 10 of these Terms, the following terms shall also apply:

3.6.1 The Myers-Briggs Company, at its discretion, may monitor the registration and access to learning programme sessions, including the number of computers and their IP addresses, to ensure that the registration and/or log-in details have not been distributed;

3.6.2 The Myers-Briggs Company may record the learning programme sessions provided that no participants shall be video-recorded in such recordings;

3.6.3 The Myers-Briggs Company may transfer personal data to third party video-conferencing software providers used to facilitate virtual delivery of learning programme sessions, as sub-processors for the purpose of performance of the virtual learning programme, as set forth in our Privacy Policy. Participants should also note that such third party video-conferencing software providers may use participants’ personal data as set forth in their privacy policies; users of such third party systems should refer to those policies for additional details.

3.7 Where participants attending virtual learning programmes are offered the opportunity of a free-of-charge session as follow-up to a learning programme (offered at the discretion of The Myers-Briggs Company), this will be optional, and attendance is not required for qualification. If a participant is unable to attend the scheduled session, no further session will be made available by The Myers-Briggs Company.

4. Terms of Engagement and Payment

4.1 The fees set out in the Terms of Engagement are based on The Myers-Briggs Company's understanding of the Client's requirements as set out in the Terms of Engagement. The Myers-Briggs Company reserves the right to make additional charges for:

4.1.1 staff time spent as a result of any delays caused in delivery of the Services due to any act or omission of the Client, at the rate specified in the Terms of Engagement;

4.1.2 staff time spent travelling to the venue in excess of two hours in either direction, at the rate specified in the Terms of Engagement;

4.1.3 any services or materials requested in writing by the Client that The Myers-Briggs Company agrees in writing to provide and that are additional to those allowed for in the Terms of Engagement, which shall then become part of the Services.

4.2 The Myers-Briggs Company will also charge the Client for reasonable expenses incurred by The Myers-Briggs Company in the provision of the Services including, where necessary:

4.2.1 travel, accommodation and subsistence (mileage to be charged at 50 pence per mile);

4.2.2 all bought-in goods, services and sub-contracted items referred to in the Terms of Engagement as being necessary and charged for separately from the fees quoted in the Terms of Engagement.

4.3 Value Added Tax, where applicable, will be payable by the Client on all fees and expenses at the rate in force at the date of invoicing. All prices are quoted exclusive of Value Added Tax.

4.4 The Myers-Briggs Company will forward to the Client an invoice for the fees and expenses once the Client has confirmed its acceptance of the Terms of Engagement and a PO must be provided. This invoice is payable by the Client within 30 days of the date of invoice. In the event that the acceptance of the Terms of Engagement is received fewer than 28 days before the programme start date, The Myers-Briggs Company will raise an invoice for the full fee which is payable immediately. 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 according to their credit terms) and fees shall be payable according to the agreed credit terms, irrespective of the programme start date. The Myers-Briggs Company will also submit invoices in respect of any additional work carried out as referred to in Clause 3.1, and any such invoice is payable within 30 days of date of invoice. Payment or part payment of fees may be made against available credit on a Voucher (see Terms of Business for Use of Vouchers) including, for the avoidance of doubt, where a Voucher has been purchased on credit terms.

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

4.6 Where a refund is due to a Client and such is caused at the fault of the Client, The Myers-Briggs Company reserves the right to deduct any administrative bank/ credit card charges from such refund. Where the refund is necessitated at the fault of The Myers-Briggs Company, no such deductions shall be made.

5. Ownership of materials included in Deliverables

It is a condition of sale of the Services, including any delivered virtually, that ownership of Course Materials shall not transfer to any individual or his employer (as the case may be) until full payment is received by The Myers-Briggs Company in respect of the relevant Services. If payment is not received by its due date and/or Services are cancelled outside our cancellation fees as set forth in Clause 6.1, Course Materials should be returned to The Myers-Briggs Company forthwith. If in such event, Course Materials are not received by The Myers-Briggs Company, we shall seek reimbursement for the cost of the Course Materials plus delivery charges, failing which we will pursue the cost as a debt and may repossess any Course Materials that have not been paid for.

6. Cancellation and Postponement

6.1 Unless otherwise specified in the Terms of Engagement, The Myers-Briggs Company reserves the right to charge for programmes cancelled or postponed by the Client at any time after the Terms of Engagement have been signed. Such charges will be in accordance with the following:

6.1.1 where an event is postponed by the Client, the following schedule shall apply (percentages refer to percent of fees relating to the relevant programme to be paid as a postponement charge):

	Number of Business Days that transfer request is received before the work commences
	29 or more	28 or fewer	5 or fewer
All events	20%	50%	100%

6.1.2 where an event is cancelled by the Client, the Client will be charged one hundred percent (100%) of the fees for the programme;

6.1.3 where the number of delegates booked is reduced by the Client, either the cancellation or postponement charges as determined by The Myers-Briggs Company in accordance with the terms set out herein will be charged.

6.2 Where an event is postponed:

6.2.1 the revised dates must be confirmed in writing within two (2) months of the original programme dates; and

6.2.2 the rebooked programme must take place within six (6) months of the original programme dates; and

6.2.3 the Client will be liable to pay the applicable percentage of the fees as set forth above at the time of postponing and the balance of the fees will be invoiced and payable in accordance with clause 3 hereof.

In the event that the Client does not comply with both 6.2.1 and 6.2.2 herein, The Myers-Briggs Company will deem the programme as cancelled and the Client will be charged one hundred percent (100%) of the fees for the programme.

6.3 The Client may only postpone a programme booking a maximum of two (2) times and any further booking alterations will be deemed by The Myers-Briggs Company as a cancellation and the Client will be liable for one hundred percent (100%) of the fees.

6.4 In the event of cancellation following a postponement(s), any postponement charges already paid will be deducted from the programme fees specified in the Terms of Engagement and the Client will pay the balance.

6.5 Where a delegate cancels their attendance at an in-house workshop at any time, no refund is payable.

6.6 Where a delegate transfers from an in-house workshop to a public workshop no refund of fees already paid will be made and the Client will be charged the applicable public workshop delegate fee calculated as follows:

Cancellation and Transfer received by The Myers-Briggs Company -  Transfer fee payable

Fewer than seven Business Days before - full public delegate fee payable

Between 7 and 28 Business Days before -  50% of the full public delegate fee payable

More than 28 Business Days before -  No additional delegate fee payable, except a transfer charge of £500 (plus VAT)

6.7 Where courses are in two parts (for example, where there is a follow-up day, or where the programme is divided into Part One and Part Two), the date of the second part is linked to a specific first part and therefore:

6.7.1 provided that space is available, transfer to a different date to complete the second part from the one scheduled, may be made, but there will be a charge of five hundred pounds (£500) (plus VAT) payable per delegate each time a delegate transfers. If the second part extends over more than one day, any transfer must be for the whole of the second part, and not just a single day; and

6.7.2 the second part must be attended within twelve (12) months of the date on which the transferred booking would have commenced, failing which the entire learning programme would need to be undertaken (namely Part One would need to be re-booked as well as the transferred Part Two).

6.8 For the avoidance of doubt, where an event is postponed, the Client will be liable for the cost of such programme booking as set forth above, in addition to the postponement charge set out in clause 4.1.

6.9 Where a feedback session (whether scheduled for prior to a workshop or as a stand-alone session) is postponed or cancelled by the participant, The Myers-Briggs Company reserves the right to charge the postponement or cancellation charges set forth above, as applicable, in relation to the costs of such feedback session.

6.10 All reasonable steps will be taken to avoid a cancellation by The Myers-Briggs Company. In the event of cancellation by The Myers-Briggs Company we will work with the client to reschedule the programme at a mutually convenient date.

7. Intellectual Property Rights

7.1 All of The Myers-Briggs Company's products, including all Materials, are protected by intellectual property rights (including trademarks, copyright, patents and design rights) and rights of confidence. Reproduction of these products in whole or in part, in any form, or their storage in a database or retrieval system, by any process, is prohibited except where expressly permitted by law or by licence. Any notice on Materials in respect of intellectual property rights (including copyright and trade mark notices) shall not be removed from such Materials, or obscured or otherwise altered.

7.2 Other than in respect of information that the Client has supplied to The Myers-Briggs Company, The Myers-Briggs Company shall, as between The Myers-Briggs Company and the Client, own all copyright and any other intellectual property rights throughout the world subsisting in all work delivered by The Myers-Briggs Company in the course of provision of the Services in whatever form or media (including, without limitation, the Deliverables) ("Work") unless otherwise indicated in the Terms of Engagement as "Client Materials".

7.3 If the Client requires The Myers-Briggs Company to incorporate any material into the Work and supplies The Myers-Briggs Company with such material, the Client warrants that:

7.3.1 the proposed use or incorporation of such material will not infringe any third party's intellectual property rights;

7.3.2 where the Client is not the owner of all copyright or other intellectual property rights in such material, the Client has received all necessary consents and licences for the proposed use by The Myers-Briggs Company of such materials; and the Client will indemnify and keep The Myers-Briggs Company fully and effectively indemnified against all costs, claims, demands, expenses and liabilities of any nature arising out of or in connection with any breach of the warranty in this clause.

7.4 The Client shall not reproduce, copy, vary or adapt the Materials by any means or in any way whatsoever, or enter or convert the same into any kind of information storage or retrieval system, including but not limited to any form of electronic or computer system, unless otherwise indicated in the Terms of Engagement, or in respect of Client Materials.

7.5 The Myers-Briggs Company is bound by The Myers-Briggs Company's author and distribution contracts to take prompt legal action against anyone who infringes The Myers-Briggs Company's copyrights or its authors' copyrights.

7.6 The Client acknowledges that any trade marks included within Materials are the property of The Myers-Briggs Company, or The Myers-Briggs Company's licensors, and that use of the trade marks by the Client will at all times be in keeping with these Terms of Business, and the Client will seek to maintain their distinctiveness and reputation. The Client shall not use any mark or name confusingly similar to the trade marks in respect of goods similar to the Materials.

8. Sub-contractors

8.1 The Myers-Briggs Company shall be entitled, in its absolute discretion, to appoint sub-contractors to provide all or part of the Services.

8.2 If the Client nominates sub-contractors to work with The Myers-Briggs Company in the provision of the Services, the Client shall be responsible for such nominated sub-contractors. The Myers-Briggs Company reserves the right to withdraw co-operation from any nominated sub-contractors if the performance or actions of such persons or organisations prevents The Myers-Briggs Company fulfilling its obligations under the Terms of Engagement and these Terms.

9. Client's obligations

9.1 The Client will ensure that its staff, contractors and other suppliers co-operate fully with The Myers-Briggs Company and cause no delay.

9.2 Whilst The Myers-Briggs Company's employees or sub-contractors are working on the Client's premises, the Client will ensure the health and safety of those people. The Client will indemnify The Myers-Briggs Company and keep The Myers-Briggs Company indemnified against all losses, damages and expenses incurred or suffered by The Myers-Briggs Company in connection with any and all claims made in respect of any injury, death or loss suffered by those employees or sub-contractors as a result of working at the Client's premises.

9.3 Clients will not, either during the provision of the Services or thereafter for a period of one year, directly or indirectly, offer employment or assignments to any of The Myers-Briggs Company's employees or sub-contractors or solicit or procure their employment by any other company, organisation or individual with which the Client is connected.

9.4 All Clients shall be required, in using The Myers-Briggs Company's Services to verify any local requirements and/or restrictions on using psychometric tests in general and the Restricted 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 or Restricted 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 or Restricted 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 of The Myers-Briggs Company's materials may be legitimately used within a particular jurisdiction and subsequently purchases Materials and/or Restricted 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 Materials and Restricted Materials or the reimbursement of any associated costs.

10. Confidentiality

10.1 Both during and after the provision of the Services, both parties shall keep confidential any information of the other party that is obtained in connection with the provision of the Services and that is clearly designated as 'confidential' or that is by its nature clearly confidential. Neither party shall use such information except in connection with the Services nor divulge it to any third party without the prior written permission of the other party.

10.2 The provisions of this clause 10 shall not apply to any information disclosed by a party ("Disclosing Party") that:

10.2.1 is in, or comes into, the public domain (except as a result of a breach of these Terms);

10.2.2 was already in the possession of the Disclosing Party at the time of its receipt from the other party;

10.2.3 is received by the Disclosing Party from a third party who was not under a legal obligation of confidentiality with respect to it;

10.2.4 is required by law to be disclosed by the Disclosing Party.

10.3 The Terms of Engagement shall be treated as confidential information for the purposes of this Clause 10.

11. Data Protection and Privacy

11.1 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.

11.2 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.

12. Term and termination

12.1 The Contract will commence on the date that The Myers-Briggs Company receives the signed Terms of Engagement from the Client and shall continue in full force and effect until the Services have been completed, subject to earlier termination pursuant to Clauses 12.2 and 12.3.

12.2 Either party may terminate provision of the Services immediately by notice in writing to the breaching party if the breaching party:

12.2.1 is in irremediable breach of its obligations or, in the case of a remediable breach, such breach has not been remedied within seven (7) days of receipt by the breaching party of a notice from the other party specifying the breach and requiring its remedy; or

12.2.2 enters into voluntary or compulsory liquidation, or compounds with or convenes a meeting of its creditors, or has a receiver or manager or an administrator appointed over any part of its assets, or ceases for any reason to carry on business, or takes or suffers any analogous action.

12.3 The Myers-Briggs Company may terminate provision of the Services at any time if it has given the Client three months' notice in writing.

12.4 On termination, The Myers-Briggs Company will be entitled to all fees and expenses incurred or accrued and payable by the Client as at the date of termination or cancellation of the Services. In the case of termination by The Myers-Briggs Company pursuant to Clause 10.2, the Client will be deemed to have cancelled the Services and will be liable to pay a cancellation charge as specified in Clause 4.1, if applicable.

12.5 On termination, each party shall immediately return all property of the other party in its custody, possession or control.

12.6 Clauses 1, 6, 7, 9.3, 10, 11, 13, and 17 shall survive expiry or termination of this Agreement howsoever caused and shall remain thereafter in full force and effect after termination.

13. Warranty and liability

13.1 In the event of damage to tangible physical property where it is established that such damage to property has arisen as a direct result of the negligence of The Myers-Briggs Company employees or sub-contractors while providing the Services, The Myers-Briggs Company's liability shall be limited to a maximum of £1,000,000 (one million pounds) per claim or series of related claims.

13.2 Nothing in these Terms shall exclude or limit The Myers-Briggs Company's liability for death or personal injury caused by The Myers-Briggs Company's negligence, nor for fraud on The Myers-Briggs Company's part, nor for any liability that cannot be excluded by law.

13.3 The Myers-Briggs Company will try to ensure that any description of the design or content of learning programmes is as informative as possible, but it is for the Client and participants to take responsibility for deciding whether or not a programme is suitable for their needs.

13.4 Subject to Clauses 13.1, 13.2, 13.3 and 13.5, The Myers-Briggs Company's liability arising under or as a result of the provision of the Services whether in contract, tort, breach of statutory duty or otherwise is limited to the fees actually paid by the Client to The Myers-Briggs Company for such Services.

13.5 The Myers-Briggs Company will not be liable for any indirect or consequential loss, loss of business, profit, revenue, data or goodwill, nor for lost or wasted management or employee time of the Client.

13.6 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.

14. Client Cooperation and Excused Non-Performance

Client agrees to cooperate with our reasonable instructions relating to performance of Services. We shall not be in breach of these Terms for any failure or delay in performance of any of our obligations in respect of the Services or under any Terms of Engagement, arising from or attributable to: (i) Client’s unreasonable delay or failure to cooperate with our reasonable instructions; or (ii) force majeure, which shall include (but not be limited to) events that are unpredictable, unforeseeable, or irresistible, such as any severe weather, earthquake, fire, epidemic, pandemic, acts of terrorism, biological warfare, outbreak of military or civil hostilities, explosions, strikes, sabotage, governmental interference or decree, interruption of service due to telecom carriers, internet service provider issues, power supply issues, or other technology issues. If Client fails to cooperate in a timely manner with our reasonable instructions regarding performance of the Services, we may take reasonable actions to remediate or mitigate the effects of Client’s non-cooperation or delay, including (without limitation) rescheduling a programme date, cancelling an event or engagement, or restricting or denying eligibility to participate in a programme, event or engagement.

15. Waiver

No delay, neglect or forbearance by either party in enforcing any provision of the Terms of Engagement or these Terms shall be deemed to be a waiver or in any way prejudice any rights of that party.

16. Rights of third parties

Nothing in these Terms or the Terms or Engagement confers or purports to confer on any third party any right to enforce any of the Terms of Engagement or these Terms.

17. Governing law and jurisdiction

These Terms and the Terms of Engagement 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.

18. Entire agreement

18.1 These Terms together with the Terms of Engagement constitute the entire agreement between The Myers-Briggs Company and the Client in relation to the Services, and supersede all earlier communications. Each party acknowledges that it has not relied on any commitment, representation or warranty in entering into the Contract, other than those expressly set out in the Contract. No amendment or other variation to these Terms requested by the Client will be effective unless it is in writing, is dated and is signed by a duly authorised representative of The Myers-Briggs Company and the Client.

18.2 If there is any conflict between these Terms and the Terms of Engagement, these Terms will prevail.

18.3 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. In the event of any conflict between these Terms (as displayed on our website) and those in any terms of engagement, in our catalogue or elsewhere, these Terms (as displayed on our website) shall prevail.

19. Notices

19.1 Any notice permitted or required under these Terms will be given in writing and shall be effectively served if delivered by hand or sent by first-class or airmail post to The Myers-Briggs Company at its usual address and, in the case of the Client, to the last known or usual address. Any notice personally delivered shall be deemed to have been received at the time of delivery. Any notice sent by post shall be deemed to have been delivered three Business Days after posting in the case of inter-UK communications, or five Business Days otherwise.

19.2 In cases where the Terms of Engagement specify nominated representatives of the parties, all notices shall be addressed to such representatives.

20. Further information

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

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