BOOKING TERMS AND CONDITIONS

These Booking Terms and Conditions set out the terms (the “Terms”) of Your participation on the ‘Catalysing Cognitive Diversity in the Boardroom’ programme (the “Programme”) and what You can expect throughout and beyond it.

In these Terms, "We", "Us" and "Our" relate to Difference Dynamics Limited (registered in England and Wales under number 15633961), "You" and "Your" relate to you, the participant, and “Your Company” refers to the company for which Your sponsoring board of directors acts as the senior decision-making body.

Contract

These Terms are contractual between Us and Your Company. By signing these Terms, You (or any other designated signatory) bind Your Company to them and represent that You (or the designated signatory) have authority to do so on its behalf.

Programme

The Programme includes:

Your attendance on the two-day residential Programme including materials, accommodation and food from the Wednesday evening through to the Friday afternoon;
Access for up to two years to Our online resources on cognitive diversity, Your business case and implementation plan via a secure account. We reserve the right in Our absolute discretion to close Your secure account within the two years if it is not accessed for a period of six months or more; and
Periodic online check-ins for up to two years with Programme facilitators and other members of Your Programme cohort. We reserve the right to cease these check-ins or invitations to certain participants (including You) within the two years if, in Our absolute discretion, participation becomes disruptive or absenteeism diminishes the value of the check-ins below a worthwhile level.

We reserve the right to change the Programme venue (including the accommodation) to an alternative central London hotel priced for Us at an equivalent pricing point to the hotel stated in the relevant sections of this website.

Fee

The fee (“Fee”) for the relevant Programme is payable by Your Company by the due date shown on the invoice. Payment terms are 15 days of the invoice date.

Booking

A booking for a relevant Programme (a “Booking”) occurs when these Terms have been signed by You (or the designated signatory). However, Your place on the relevant Programme is only secured when the Fee has been correctly paid in full by the payment date specified on the relevant invoice.

You or Your Company may cancel the Booking by notice in accordance with these Terms at any time. Part of the Fee will remain payable or non-refundable according to the percentages set out in the following table:

Before the relevant programme booking deadline:*

45% of the Fee is payable or non-refundable

From the relevant programme booking deadline* but before one calendar month prior to the programme start date:

65% of the Fee is payable or non-refundable

From one calendar month prior to the programme start date:

85% of the Fee is payable or non-refundable

* As stated in the relevant section of the Programme Details page of this website.

You and Your Company acknowledge that the percentages set out in the table are a fair assessment of the costs We incur as a result of You or Your Company cancelling the Booking.

In our absolute discretion, rather than cancel your Booking we will consider a request to transfer your booking to a board colleague from the same Company subject to their suitability for the programme.

Confidentiality

Unless it is made public through no fault of Ours, We undertake to treat Your and Your Company’s Confidential Information as private and confidential, and to employ at least the same degree of care and security to the Confidential Information that We apply to Our own confidential or proprietary information. For this purpose, Confidential Information means all information and data of whatever nature and in whatever form which may be acquired by Us through the relevant Programme relating to You, any colleagues of Yours, Your board, Your Company’s (or any of its affiliates’) business, business plans, operations, processes, product information, know-how, trade-secrets, market opportunities, intellectual property, marketing and development information, customer or supplier information.

Provided You or Your Company notifies Us in accordance with these Terms that any of Your Company’s Confidential Information within Our possession amounts to inside information pursuant to the Market Abuse Regulation (EU Regulation No. 596/2014 on market abuse), We undertake to maintain an internal insider list and to prohibit dealing in Your Company’s shares by Our insiders for the duration of the prohibited period.

You give the same confidentiality undertakings as the foregoing paragraphs in relation to Our Confidential Information and that of other Programme participants and their sponsoring companies. Furthermore, You undertake not to disclose any personal, private or sensitive information relating to any person that may arise through the Programme.

Liability

We undertake to deliver the Programme with reasonable skill and care, with the intention of educating and equipping You to successfully implement cognitive diversity within the board of directors of Your Company.

You and Your Company acknowledge that any benefits (and the degree of success if any) deriving from the Programme for You and/or Your Company are solely dependent on (i) You delivering Your knowhow through Your planning and implementation and (ii) Your board’s receptivity and willingness to embrace change across a range of attitudes and practices.

Because the behavioural dynamics of cognitive diversity within teams may have negative as well as positive effects, You and Your Company acknowledge that cognitive diversity when poorly implemented or managed may result in undesirable relational, commercial and/or financial outcomes.

You and Your Company undertake to hold Us harmless for any losses, costs or damages arising from the poor implementation or management of cognitive diversity in Your Company, whether directly or indirectly relating to any information or advice provided through the Programme by Us or any participant.

Data protection and data subject rights

Via Your secure online account and Our records, We will maintain and process personal information about You and, potentially in the case of Your secure online account, Your fellow board members and other persons. Because during the Programme We will be investigating demographic and cognitive diversity, human performance, team alignment, team cohesion and, where relevant, wellbeing, some of this may potentially (but not necessarily) be classed as sensitive personal data.

We undertake to maintain appropriately the security of this information and to maintain it only for so long as is it necessary for Us to do so. Unless there are legitimate reasons not to do so, We would expect to delete sensitive personal information two years after the completion of the relevant Programme modules, or when Your secure online account is closed if earlier.

Upon request by email to info@difference-dynamics.com, You or any other affected person may:

access the data We hold about them;
correct that data if it is incorrect;
ask for a copy of that data to be transferred to another organisation; and
ask for any or all of that data to be deleted.

You undertake not to record false or misleading information (whether knowingly or recklessly) about any other person through Your secure online account. You and Your Company jointly and severally undertake to indemnify Us for any costs, losses and/or damages We may suffer as a result of Your failure to comply with this paragraph.

Force Majeure

We shall not be liable to You or Your Company for any failure in the delivery of the Programme arising from matters outside Our control (a “Force Majeur Event”). This includes but is not limited to: industrial action that it is not within Our capacity to resolve; severe weather, fire, civil commotion, riot, cyber attack, default by third-party suppliers or subcontractors, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), natural disaster, restrictions imposed by government or public authorities, epidemic or pandemic disease or failure of public utilities or transport systems/networks.

Notwithstanding the foregoing, We will use Our reasonable endeavours to make an alternative provision or arrangement to deliver the Programme, which may or may not reflect the same quality or participant experience of a Programme unaffected by a Force Majeur Event.

Entire agreement

These Terms constitute the entire agreement between Us and Your Company and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written made to You or any other representative of Your Company. There are no warranties, covenants, conditions or other agreements, express or implied, collateral, statutory or otherwise, between Us and Your Company in connection with the subject matter of these Terms except as specifically set out herein.

Third party rights

Except where expressly provided in these Terms, Your Company confirms that it does not intend any third party to have a right to enforce any term of these Terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Notices

All notices to Us pursuant to these Terms should be emailed to info@difference-dynamics.com. All notices to You pursuant to these Terms shall be emailed to the email address You designate from time to time for such purposes. All notices to Your Company pursuant to these Terms shall be sent by post for the attention of the Company secretary at Your Company’s registered office.

Invalidity

If any term or provision of these Terms shall in whole or part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that term or provision or part shall to that extent be deemed not to form part of these Terms and the enforceability of the remainder of these Terms (including the relevant term or provision) shall not be affected.

Waiver
Our failure to enforce any provision in these Terms shall not be deemed a variation or waiver of such provision or of the right to enforce it in the future.

Law and jurisdiction

These Terms are governed by and shall be construed and interpreted in accordance with English law. Your Company agrees to submit to the exclusive jurisdiction of the English Courts in respect of any dispute arising out of or in connection herewith.