Terms & Condition

MakeWay (hereinafter referred to as the “company”, “MakeWay Global”, “we”, “us”, and “our”) provides training and consulting services to various clients. These terms and conditions are provided to our prospective clients prior to making purchases. Should you have any questions, please contact us at connect@makewayglobal.com.

Definitions

1. The “Company”, “MakeWay”, “MakeWay Global”, “We”, “Us”, “Our” – these refer to MakeWay Consulting Limited.
2. “Delegate”, “Client”, “Booker”, “Your”, “You” – these refer to the individual or corporate entity making a purchase from MakeWay with the intention to attend or send attendees to a training event.
3. “Booker” – this refers to the person making the booking with MakeWay, on behalf of a delegate attending the course.
4. “The Website” – this refers to makewayglobal.com
5. “Terms and Conditions” – this refers to the terms of usage and conditions under which all purchases are sought, and the website is utilised.
6. “Booking Form” – this is an agreement between MakeWay and its clients, with regard to prospective delivery of services.
7. “Working Days” – this refers to days between Monday and Friday, excluding public holidays.

1. Prices:

1. All pricing quotations are only valid for 7 days from the date that they are first sent to the client. All prices are subject to change due to the dynamic nature of our business and of the training industry.
2. The published prices exclude VAT. Clients and Companies must pay MakeWay any VAT that is chargeable on services that are provided; MakeWay will list the correct VAT amount on the invoice – as required by statute.
3. All quotations exclude VAT. If the corresponding purchase is pursued, as required by statute, VAT will be applied at the point of purchase and feature within the sales invoice.
4. The published prices do not include any travel, accommodation or living expenses which the client may incur in attending unless specifically notified on the email confirmation of payment.
5. VAT is payable regardless of the Client’s country of origin; the point of supply for VAT purposes is the location of the course. For E-learning courses, VAT will be charged with regard to the place of supply and the relevant tax legislation in the country of consumption.
6. If a third-party vendor, certification body, or service provider alters their examination fee or material cost, MakeWay reserves the right to adjust the relevant training course prices to reflect such alterations.
7. Training event prices listed on correspondence, brochures, leaflets, and materials belonging to MakeWay are not legally binding due to anticipated price fluctuations; they are advisory at the time of public dissemination and do not constitute as part of a legal agreement.

2. Payments:

1. The course fee(s), including VAT, are payable in full immediately upon receipt of the invoice. Clients wishing to make payments made from non-UK bank accounts or credit cards must be responsible for all bank charges in relation to the overseas transactions.
2. Without prejudice or distortion to alternative rights listed, MakeWay will impose a late payment charge of 8% over the Bank of England base rate. Payments can be made by major credit and debit cards, including American Express, inclusive of credit card charges.
3. All credit card payments will incur a card surcharge of 4%
4. Where a Purchase Order is issued, it must clearly state the purchase order number, course dates, full invoice amount, and contact details for invoicing. When more than one course is booked on the same booking form, full payment for all courses is required immediately upon confirmation before the commencement of the first course.
5. All administration fees for cancellations are payable immediately upon receipt of the invoice. The Terms of this agreement override any other terms of business or purchase conditions put forward by the client.
6. Once a partial or full payment has been processed, over the phone or on the website by the following methods; Debit Card, Credit Card, American Express, Cheque or Bank transfer, the Client will adhere to MakeWay’s terms and conditions.
7. It is the responsibility of the Client to ensure that the person that approved the purchase of a product, has the correct purchasing authority.

3. Cancellations and Changes:

Cancellations and Changes made by MakeWay

1. MakeWay reserves the right to cancel, move, and reschedule a training event or course due to circumstances that are beyond MakeWay’s control, such as trainer illness or low attendance. Reasonable efforts will be made to contact and notify clients of any alterations to their training event or course. If a training event is cancelled, MakeWay will either re-allocate delegates on to future training events with the Client’s consent, offer virtual training events, or offer a full refund of the pre-paid course fee.

Client Cancellations

1. Except for instances provided in (a) above, the following cancellation fees will be imposed on all bookings, dependent on the number of days’ notice provided to MakeWay. If you need to make a cancellation, please notify MakeWay in writing training@makewayglobal.com.
2. All cancellation and rescheduling fees are due immediately via debit or credit card.
3. All cancellations made between 0-30 days prior to the course start date, are subject to a 90% cancellation fee, based upon the full course fee (+ VAT), which must be paid in full upon cancellation.
4. All cancellations that are made between 31-40 days prior to the course start date, are subject to a 50% cancellation fee, based upon the full course fee (+ VAT), which must be paid in full upon cancellation.
5. All cancellations that are made between 41-60 days prior to the course start date, are subject to a 25% fee, based upon the full course fee (+ VAT), which must be paid in full upon cancellation.

4. Re-scheduling courses or exams:

1. Re-scheduling courses or exams with less than 30 days’ notice prior to the course start date, will result in a 75% charge of the full value of the course booked, in addition to VAT.
2. Re-scheduling courses or exams between 31-40 days prior to the course start date, will result in a 50% charge of the full value of the course booked, in addition to VAT.
3. Re-scheduling courses or exams between 41-60 days prior to the course or exam start date, will result in a 25% charge of the full value of original booking, in addition to VAT.

5. Refunds:

1. When a refund is issued to the Client by MakeWay, the refund may take up to a maximum of 20 working days to be processed. Refunds will be processed using the same payment method that the original payment was made. Deposits and banking fees are non-refundable.
2. MakeWay will not be liable for any fluctuation in exchange rates or bank charges for overseas refund transactions.
3. Course examination vouchers are non-refundable.

6. Changes to Courses:

1. MakeWay reserves the right to change any part of a published course; if this is caused by circumstances beyond our control. MakeWay reserves the right to cancel or reschedule any course and will advise the Client as soon as the change is known. MakeWay will use all reasonable endeavours to avoid changes of this nature.  For any courses that are rescheduled due to unforeseen circumstances (such as trainer sickness/ low course attendance), every endeavour will be made to provide a replacement trainer or to reschedule the course and we will offer Clients a variety of options to pursue their training programme; however, should the offered alternative not be an acceptable option for the Client, a full refund will be issued.
2. Contents of course timetables are intended for general guidance only and serve as an advisory purpose only. Any typographical errors including pricing or omission in any website, sales literature, administrative documentation, course materials, or other documents are subject to change without any liability on the part of MakeWay.
3. The course information, including the course, date, and venue, pre-coursework, will be advised upon the receipt of payment. MakeWay reserves the right to change the venue, for circumstances that are beyond our control, and will advise the Client as soon as the change is known. MakeWay cannot be held liable for out of pocket expenses due to cancellations or alterations to the course venue, that are out of our control.
4. For all Residential training courses, we will make best endeavours to ensure your accommodation is at the same location as the training course, however, this might not always be possible. In this instance, we will source your hotel accommodation as close to the training course venue as possible, usually within walking distance.

7. Course Materials:

If for any reason (including but not limited to transit delays beyond the control of MakeWay) courseware does not arrive on time for the course we will commit to replacing it at the earliest opportunity and make best endeavours to make temporary materials accessible, as required, to continue the learning programme. Refunds will not be granted for transit-related delays beyond the control of MakeWay.

8. Non-Attendance:

Non-attendance of any course for any reason whatsoever is deemed to be a cancellation without notice and payment is due in full. A multiple course booking is when more than one course is confirmed that may make up part of a certification e.g. Business Analysis Diploma, ITIL® Expert, TOGAF® Certification, Lean Six Sigma Black Belt etc. Part attendance of a course is when a Client does not continue to the full course completion. In this situation the Client will not be entitled to any refund for courses or part of courses that were not attended, this will be deemed as non-attendance.

9. Course Suitability:

1. The Client accepts that it is their responsibility that the course booked is suitable for the requirements and abilities of the delegates attending. MakeWay’s employees may recommend courses or learning solutions; however, the assessment and the final decision concerning the suitability of the course is the Client’s responsibility. In cases where we have made recommendations, we do so in good faith and will not be wilfully misleading.
2. All public and onsite training courses are delivered only in English, unless specified otherwise, and all delegates must be sufficiently proficient in the English language prior to attending the course.

10. Admission:

MakeWay reserves the right to refuse admission to any person whom it considers in its absolute discretion to be unsuitable for the training programme.

11. Booking on behalf of the Client:

In all cases the booker must bring these terms and conditions to the attention of delegates attending the event, if booking on their behalf. It is the booker’s responsibility to ensure that the delegates receive all the relevant information, including the post payment email, course and venue updates and that they meet the eligibility and published prerequisite requirements.

12. Onsite Training on a Client Specified Site:

It is the Client’s responsibility to provide all facilities, equipment, and setup required for the trainer to deliver the training. MakeWay reserves the right to cancel or discontinue the course if, in the trainer’s opinion, the venue, equipment, or conditions are unsuitable.

13. Onsite and Trainer Expenses:

1. Trainer expenses for private, onsite, or closed courses will be charged as agreed at the time of the course booking.
2. A fixed rate for the training expenses will be applied.

14. E-Learning, Online Learning:

1. Course enrolment, fees, and log-in credentials are strictly non-transferable and non-refundable. Fair Usage Policy and Intellectual Property Rights apply to the access of study materials and prohibition of material dissemination.
2. MakeWay reserves the right to restrict access based on operational requirements including bandwidth consumption to ensure fair access to all learners. Access to e-learning/online products is granted for a 90-day period from the date of purchase. If you require an extension, please contact training@makewayglobal.com to obtain an extension quotation.
3. Whilst MakeWay endeavours to ensure that the information on the online platform is correct, we do not warrant the accuracy and completeness of the materials on the site and we may make changes to the e-learning/online content from time to time, without notice. MakeWay reserves the right to change or alter course content from that which is published in order to maintain the high quality of the learning. All e-learning examinations are valid for 90 days from date of purchase.

15. Copyrights:

All intellectual property rights for all course materials shall remain the property of MakeWay. The Client agrees not to reproduce, disseminate, sell, hire, lend, or copy the course materials or use them except for the purpose of personal reference. MakeWay warrants that it will not knowingly include any copyright material in its course materials without licence, consent, or attribution.

16. Intellectual Property:

1. The website, including content, design, organisation, layout, and software code are subject to copyright and intellectual property rights that are owned by MakeWay.
2. The re-use of illustrations, photographs, diagrams, or videos featured on MakeWay’s website, without attribution, is prohibited under all circumstances. The deletion or alteration of proprietary rights, including copyright and trademarks, is prohibited under all circumstances.
3. All products and services of MakeWay without limitation are protected by international copyrights, trademarks, and are subject to intellectual property rights. Therefore, all intellectual property belongs to MakeWay, its related companies, its affiliates, or suppliers.
4. The use of MakeWay’s name or logo is prohibited under all circumstances, unless prior written consent is obtained from the company
5. MakeWay does not accept responsibility for intellectual property used during any training provided that does not show an affiliation to MakeWay. Any intellectual property used in a training course, including the course itself, is protected by limitations laid out in international copyright law, and is subject to intellectual property rights.
6. If we are making a bespoke course, we require a predefined specification to adhere to. In the absence of such predefined specifications, we will adhere to our own guidelines of what we view as “fit for purpose.” If no specification was provided, MakeWay shall not be held responsible for any losses incurred as a consequence of the provided service.
7. You may not copy, sell, reproduce, distribute, download, modify, display or prepare derivative works based on, repost, transmit, or otherwise use any of the intellectual property of MakeWay’s website or course materials. The information on this site is provided “as is” and without any warranties.
8. MakeWay does not accept responsibility of content of any third-party sites that may be referenced by MakeWay. The following activities are strictly prohibited: use of robots, material dissemination, other automatic device or manual process to monitor or copy the site of any of its content or the replication of this site to any server.

17. Warranty & Liability:

1. MakeWay’s liability for loss and damage shall be limited to a claim for damages. The maximum aggregate liability will be the charges for the course out of which the loss or damage has arisen. MakeWay will not accept liability for personal injury that incurs during our training courses caused by the negligence of any third party. MakeWay will not be liable for indirect, special, or consequential loss (including loss of anticipated profit or data), howsoever arising, even if it has been advised of such potential loss.
2. MakeWay will not be responsible for any damage resulting from any computer viruses arising from software installed on a Client’s computer systems.

18. Personal Belongings:

Personal belongings or items belonging to a Client that are brought into a training course by the aforementioned delegate, are the sole responsibility of the Client. MakeWay accepts no responsibility for the items or any loss or damage that may occur during the course.

19. Non-Solicitation:

For 12 months following either the invoice date or the date of course delivery, of any contract carried out for the Client by MakeWay or an associate company of MakeWay, the Client, will not directly nor indirectly employ or solicit for employment any employee of MakeWay. If the Client breaches this clause, MakeWay shall be entitled to recover from the Client a fee of 50% of the gross annual salary of the employee of MakeWay solicited for employment.

20. Assignments:

MakeWay may assign its interests in all or part of this agreement. The Client may not assign or transfer this contract without the express written permission of a Director of MakeWay.

21. Deviation:

No deviation from these terms and conditions will be allowed without the express written permission of a Director of MakeWay. No communication either verbal or printed on our websites will override these Terms and Conditions. If, in any case, any of these conditions shall be held to be invalid or shall not apply, the contract and the other conditions shall remain in force and effect. These Terms and Conditions override all terms raised on a PO by a client.

22. Force Majeure:

1. MakeWay shall not be in breach of this contract if the provision of services are delayed or cancelled or reduced through any circumstances beyond its reasonable control, including acts of God (including but not limited to, fire, flood, earthquake, storm, snow, hurricane, or other natural disaster), sickness, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout, or interruption or failure of electricity or telephone service.
2. Clients must ensure that they can attend the training courses that they are scheduled to attend. MakeWay will not be held liable, financially or actually, for their non-attendance, whatsoever the reason may be.

23. Data Protection:

1. The parties acknowledge that the Company is a separate and independent controller of Data it processes in connection with the Services. Both parties shall process Data in accordance with Applicable Data Protection Law.
2. The Company shall implement and maintain appropriate technical and organisational measures to protect the Data against Security Incidents. If it becomes aware of a confirmed Security Incident, the Company shall inform the Client without undue delay and shall provide reasonable information and cooperation to the Client so that the Client can fulfil any data breach reporting obligations it may have under (and in accordance with the timescales required by) Applicable Data Protection Law in connection with the Security Incident.
3. In the event that either party receives any correspondence, enquiry or complaint from a data subject, regulator or other third party related to the processing of Data by the other party under this Agreement, it shall promptly inform the other party giving full details of the same, and the parties shall cooperate reasonably and in good faith in order to respond to the Correspondence in accordance with any requirements under Applicable Data Protection Law.
4. The Company shall not transfer the Data outside of the European Economic Area (“EEA“) unless it has taken such measures as are necessary to ensure the transfer is in compliance with Applicable Data Protection Law
5. The Company’s privacy notice (which sets out information about how the Company processes Data) is available at http://makewayglobal.com/privacy-and-cookies

24. Recording of MakeWay’s Employees or Associates

1. The monitoring or recording of any MakeWay employees or associates is not permitted under any circumstances
2. Clients are not permitted to take any video/photography/audio during the course without prior written consent of MakeWay; failure to do so will be considered a direct breach of our terms of business and this matter would be taken very seriously.
3. MakeWay will not take photographs, videos, or any audio recordings of you during a course and will not use this material for MakeWay’s own marketing purposes without your prior consent.

25. Security and Encryption:

1. We use the highest level of security and encryption methods available for processing payments online. We also strictly adhere to best practices of data protection. That means your payment details are as secure as they possibly can be when making a purchase with us.
2. MakeWay shall implement reasonable measures to ensure that correspondence and machines used during training events are free from viruses and potentially harmful malicious software.
3. MakeWay makes no warranty for the reliability, protection, or virus-free nature of the material that is downloaded from our website.
4. MakeWay complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you provide on our Website. MakeWay does not monitor user information for compliance with the PCI Standard.
5. MakeWay also uses PCI compliant and bank approved payment methods with the highest level of security and encryption.
6. For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
7. Content and scripts are and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code. We prevent, identify, and promptly remove or disable from User accounts, Content and Website any code that may disrupt, disable, harm or cause the misuse of our account, MakeWay Content or the Services in any way (including any malware).
8. The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.
9. If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
10. You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to MakeWay, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account, whether or not authorized by you.
11. MakeWay maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).
12. It is your obligation to ensure that e-mail sent by you, or on your behalf, does not violate this law. We assume SPAM complaints are valid unless we are provided with credible information to the contrary.
13. MakeWay does not permit or authorize any attempt to use its network or services in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party’s use and enjoyment of any MakeWay product or service.
14. We monitor for SPAM all traffic to and from our servers. Customers suspected of using MakeWay’s products and services for the purpose of sending SPAM will be investigated. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. It is MakeWay’s policy to immediately suspend, terminate and/or cancel any offending Web site or account sending SPAM.
15. Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. MakeWay may consider the lack of such proof of explicit affirmative permission of a questionable mailing.
16. Users are prohibited from maintaining open mail relays on their accounts. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation.

26. Confidentiality

1. All Client and Company information that is disclosed to MakeWay will be kept confidential. Such information will not be disclosed by MakeWay to any third-party organisations or individuals, unless reasonably required for the performance of our service delivery, for example booking examinations.
2. Such information shall only be disclosed to employees that require such knowledge to conduct their role at MakeWay. Such individuals are subject to legally binding obligations of data protection and confidentiality.
3. MakeWay shall not be liable for the disclosure of any Client or Company information that is readily available in the public domain, or if dissemination is agreed in a legally binding written approval document.

28. Examinations

1. All examination requests must be registered with MakeWay Team within 30 days of the course’s conclusion.
2. Exam bookings must be made a minimum of 10 days in advance of the chosen examination date – customers will receive their examination registration voucher 48 hours prior to their chosen exam date from the Examining Institute. Once the delegate has selected and booked a date with the Examining Institute, the voucher can only be used for the chosen date.
3. If a delegate misses an examination due to reasons that are beyond the control of MakeWay, such as technical issues, force majeure, or time management, a fee of £395 shall be applied should the customer want to pursue or retake the examination.