TERMS AND CONDITIONS (‘TERMS’)

We are delighted that you have chosen to participate in the EmPower Programme – please read the following important terms and conditions before you commit to using them.

These Terms and Conditions ("Terms") govern your participation in the Programme supplied by Em-Power Growth Limited ("EmPower," “Em-Po”, "we," "us," or "our"). By purchasing and participating in one of our Programmes (the Seminar and 12-week Programme), you or your organisation ("client" or "you") agree to be bound by these Terms.

1.      Contact Details

1.1.     We are Em-Power Growth Limited, a company registered in Scotland, UK, with company registration number SC 785392. Our registered office is located at Inchnacardoch Lodge Hotel, Fort Augustus, Inverness-shire, PH32 4BL, and our VAT Number is GB 453 4801 00

1.2.    Our email address is connection@em-po.com. Our contact number is 0113 403 5580

1.3.    If we need to contact you, we will do so via phone or email using the contact information provided during the booking process.

2.     Booking, Payment and Contract

2.1. When signing up to participate in the programme including use of any resources and the EmPower App  you also agree to be legally bound by:

• Our website terms of use and privacy policy;

• Our app terms of use and privacy policy;

All these documents form part of this contract as though set out in full here.   

2.2. You can apply to book a Programme via our website www.em-po.com, via email or by phone. We are available to discuss your requirements in advance of booking to assist you with any questions you have. 

2.3. Upon agreeing to purchase our Programme you agree to be legally bound by this contract. You are required to complete our application form, which will be reviewed and accepted by our team before you are accepted onto the Programme. This form will request relevant personal information to ensure the smooth progression of your journey with us. It is imperative that all information provided is both complete and accurate to guarantee the best possible experience.[EG1] 

2.2.1. In the event that your application form is declined, we will promptly contact you to explain the reasons for the decision and provide information about the next steps. [EG2] Your booking will be cancelled in accordance with the Terms outlined in Clause 3.

2.3.   We will keep this information safe and secure in accordance with our Privacy Policy so you will not need to keep repeating it. Please keep your information updated with us so we can stay in touch and be aware of any circumstances that may impact your experience whilst on the Programme..

2.4.  Payment for the Programme is required in full prior to the starting date noted on your invoice. Please note that 10% of the total Programme cost is non-refundable and non-transferable from the point of purchase. For details on cancellation and refunds, see Point 3. 

2.4.1. EmPowers Payment Plans allow you to spread the cost up to 6 months with full payment required in full prior to the starting date,e as noted in Clause 2.4. One invoice will be issued to you from the point of booking.

2.5.  We will confirm acceptance of your booking and successful application form via email, at which point a contract between us is established.

2.6.  All Programme amounts payable include value-added tax (VAT), which will be shown on your invoice.

3.     Cancellation and Refund Policy

3.1.    You may cancel your participation in the Programme purchased subject to payment of cancellation charges as follows:

3.1.1.   Cancellation earlier than 12 weeks before the start date of the Seminar: forfeiture of the 10% Programme cost as noted in Clause 2.4.

3.1.2. Cancellation later than 12 weeks but earlier than 4 weeks before the start date of the Seminar: forfeiture of 50% Programme cost

3.1.3. Cancellation later than 4 weeks before the start date of the Seminar: forfeiture of 100% Programme cost

3.2.   Any cancellation request must be given in writing and sent by email to the address specified in these Terms.

3.2.1. if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause, business hours means 9.00 am to 5.00 pm Monday to Friday on a day that is not a public holiday in the place of receipt.

3.2.2.     This clause 3.2 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.

3.3.  Additionally, in the event that either party needs to cancel your participation on the original Programme dates selected, you have the option to defer and transfer your registration to a future EmPower Programme within 12 months from the original purchase date, subject to availability and any additional Programme fees. This transfer can only be made once. Alternatively, you may nominate a substitute client at no extra charge to take your place, subject to acceptance of their application form.

3.4.  If we decline your application form as noted in Clause 2.2.1, we will refund 100% of the total Programme cost. Alternatively, you will have the option to choose an alternative resolution as outlined in Clause 3.2, subject to the conditions specified in our feedback.

3.5.  We reserve the right to cancel the Seminar due to circumstances such as COVID-related legislation, travel restrictions, or team illness. In such instances, a full refund of Programme costs will be made, excluding your travel costs, or the booking can be transferred to another date by mutual agreement.

4.    Programme Format and Expectations

4.1.    Upon acceptance of your Programme booking, you will receive your welcome pack and a unique link giving you access to the EmPower App for the duration of your Programme. Our team will stay in contact with the relevant details to ensure you are set up for success in advance of the start of your seminar.

4.2.  From the start of your Programme you will have access to all content, supporting materials and group communications. For more information on intellectual property rights, please refer to Clause 6.

4.2.1. You are responsible for maintaining the confidentiality of your login details to the EmPower App.

4.2.2. We are not liable if links to resources become unavailable, corrupted, or deleted.

4.2.3.  You will receive joining details for your Seminar.

If your Seminar is conducted online, you will receive the dates, timings, and a video conference link for the session via email.

If your Seminar is held in-person you will receive dates, timings, venue details, and other arrangements via email.

4.2.3.1.           You must notify us of any specific dietary or accommodation requirements no later than 10 Business Days before the seminar start date. This is to ensure that we can make the necessary arrangements to accommodate your needs effectively. Failure to provide this information within the specified timeframe may result in our inability to fulfil these requirements.

4.2.3.2.          If your Programme includes accommodation, check-in and check-out times will be specified in your Welcome Pack, with any extensions charged separately.

4.2.3.3.          Seminars hosted at The Inch Hotel will be on an exclusive use basis for the duration. All other venues will be on a non-exclusive use unless otherwise stated. The seminar will take place in a private room. All seminar venues are subject to statutory controls, including but not limited to regulations concerning food, health, hygiene, fire safety, liquor licensing, and entertainment. You are required to comply with any reasonable requests, directions, and instructions from venue personnel regarding these matters.

4.2.3.4.         Venue Liability

4.2.3.4.1.      We do not accept liability for any loss of or damage to personal property brought onto the venue premises and owned by or in the custody of attendees.

4.2.3.4.2.              You shall be responsible for any damage caused by yourself or your invitees to the venue premises, furnishings, or equipment during the seminar or as a result of the seminar. You shall indemnify us against the cost of repair or replacement thereof, subject to the venue terms.

4.2.3.4.3.      Alcohol, Smoking, and Substance Use

At EmPower we strive to create a respectful and inclusive environment for all participants. With this in mind:

·       Alcohol: While alcohol consumption is not prohibited, we ask participants to be mindful of others who may choose not to drink. Please note that some areas of the venue may restrict or prohibit alcohol consumption, and we kindly request that all venue policies are adhered to. If we believe that limiting your alcohol intake is in the best interest of yourself and the group, we reserve the right to request that you do so. Failure to respect this request may result in your removal from the seminar and termination of your participation in the Programme.

·       Smoking and Vaping: Smoking and vaping are permitted only in designated outdoor areas as specified by the venue. Venue staff will provide guidance on these locations.

·       Other Substances: The use of drugs or any other prohibited substances during the seminar is strictly forbidden. Any breach of this policy will result in immediate removal from the seminar and the Programme, without exception.

These guidelines are in place to ensure all participants' wellbeing and positive experience. Your understanding and cooperation are greatly appreciated.

4.3.  The Seminar will commence and conclude at the times outlined in the Programme Agenda provided in your Welcome Pack. While we will make every effort to assist you in catching up with any missed content if you arrive late, we cannot guarantee this due to scheduling constraints.

4.4.  We expect your active participation in all sessions throughout the Programme, including the prompt completion of assigned tasks and exercises. Please only share what you feel comfortable with during the group sessions.

4.5 On signing up to the Programme you will have access to your group WhatsApp. This is a safe, supportive and thriving community and we ask you to follow these guidelines.

4.5.  Seminar attendance is crucial before setting up and using the tracker on the EmPower App to ensure you’re fully prepared for success in the 12-week Programme. Failure to complete the Seminar may result in the suspension of further participation in the Programme.

4.6.  To maximise the benefits of the 12-week Programme, we strongly recommend attending our weekly group mini-seminars. These sessions are private and exclusively for your designated group, fostering a confidential and supportive environment for discussion and growth. These sessions will be held online, and diary invites with a link will be sent in advance of your seminar starting.

To respect the privacy and integrity of the group, we kindly ask that you attend these sessions alone, without anyone else present during the call. This ensures that all participants feel secure sharing their experiences and insights. Your cooperation in maintaining the confidentiality and focus of these sessions is greatly appreciated.

4.7.  As our seminars include a trained mental health professional in the room/online with our team, you will have the option of one-to-one discussions with them as required. Everything you discuss during these discussions is confidential, with some exceptions:

4.7.1. Confidentiality may be breached if our trained professionals consider there is a risk you may harm yourself or others. In such circumstances where there is concern for your wellbeing or that of others, it may be necessary to seek help outside our team. We will normally consult you first.

4.7.2.     Confidentiality will be breached in the case of a disclosure concerning acts of terrorism, vulnerable adult or child protection issues or drug trafficking and such disclosures will be passed onto the relevant authority without delay. Due consideration should be exercised before disclosing anything of a previously unreported criminal nature, as we are obligated to contact relevant authorities.

4.8.  We reserve the right to suspend your participation if you disrupt the proceedings, cause offence, or engage in any misconduct towards other participants, our team members, or venue employees. If deemed necessary for your wellbeing, we may recommend seeking additional professional support. In such instances, we are not liable for any costs or losses you may incur due to the inability to complete the Programme.

4.9.  We shall not be held liable for any direct, indirect, incidental, special, or consequential damages arising from or in any way connected with your participation in the Programme.

4.10.                In the event of adjustments to the dates or timings of a Seminar or Mini-Seminar session, one-to-one, or group meeting, we will make every effort to provide advance notice by email.

4.11.  Changes to the Programme, including platforms, content, or device compatibility, may occur. We reserve the right to modify or remove resources as needed.

4.12    After completing the Programme, you’ll have the option to choose from a range of subscription plans to continue using the EmPower App. We’ll provide all the details before the end of the Programme so you can decide what works best for you. 

5.    Your Responsibilities and Mental Health Disclaimer

5.1.   You acknowledge that we cannot guarantee specific results. Achieving your goals depends on your effort and commitment.

5.2  While our Programmes are designed to support personal growth and wellbeing we do not treat mental disorders or illness. EmPower is not a replacement for professional mental health treatment or therapy. By signing up you confirm that you will disclose any relevant personal details and health conditions as requested in the application form.

5.3.  Our team includes registered, trained mental health professionals who ensure that our Programmes and support are delivered with sensitivity and awareness. They adhere to the Codes of Ethics and Practice of the Health & Care Professions Council. The full details of our team can be found here. The role of our team is to provide guidance, support, and education within the scope of our Programme's objectives. We will always have a trained mental health professional in the room/online as part of our team during the Seminar.

5.4  Throughout the Seminar and 12-week Programme, if we have any concerns about your mental health, we will advise you to seek professional help and provide signposting to relevant resources or services. Your wellbeing is our priority, and we encourage you to prioritise your mental health needs throughout your participation in our Programme. This is also covered in Clause 4.7

6.    Intellectual Property Rights

6.1.    All Intellectual Property Rights in any materials provided by us are owned by EmPower Growth Limited, and you shall not sub-license, assign, or otherwise use them outside the use of your EmPower Programme.

6.2 You authorise us to use your testimonials or stories only with prior consent for use in our marketing communications.

7.     Data Protection

7.1.    EmPower respects your privacy and is committed to protecting the privacy and security of your personal data and ensuring compliance with the relevant legislation, including the General Data Protection Regulations, 2018. Our Privacy Policy outlines how we look after your data you supply to us and tells you about your privacy rights and how the law protects you.

7.2.   We shall not at any time disclose to any person any confidential information concerning the information you share with us, except as permitted by clause 4.7.

7.3.   We may disclose your confidential information:

7.3.1. to our team, representatives, or advisers who need to know such information for the purposes of carrying out obligations under these Terms. We will ensure that our team, representatives, or advisers to whom we disclose your confidential information comply with this clause 7.2; and

7.3.1.1.  as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

7.3.1.2.we shall your confidential information for any purpose other than to perform our obligations under these Terms.

8.    Limitation Of Liability

8.1.    EmPower has obtained insurance coverage for its legal liability, with individual claims not exceeding £1,000,000 per claim. The limits and exclusions outlined in this clause are based on the insurance coverage arranged by us. You are responsible for securing insurance to cover any excess loss beyond the limits provided by our insurance. Except for liabilities we cannot exclude (e.g., for death or personal injury caused by negligence), we are not liable for:

Losses not foreseeable when the contract was formed;

Business losses, including loss of profits or opportunities.

9.    General

9.1.    Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, governmental actions, war, terrorism, natural disasters, strikes, or power failures

9.2.  Severance.

9.2.1.  If any provision or part-provision of the Terms is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of the Terms.

9.3 Disputes

We are committed to resolving any disputes fairly and amicably. If you have a concern or issue, we kindly ask that you submit it in writing for the attention of Malena Clayton, at malena.clayton@em-po.com. Please allow a reasonable time frame of 14 days for us to review and respond to your concerns.

If a resolution cannot be reached, disputes will be subject to the exclusive jurisdiction of the courts of Scotland.

9.4. Third-Party Rights

No one other than a party to this contract has any right to enforce its terms.
 

10.  Governing law.

10.1.  These Terms shall be governed by and construed in accordance with the laws of Scotland, without regard to its conflict of law principles.

10.2. By purchasing our Programme, you acknowledge that you have read, understood, and agreed to abide by these Terms and Conditions.