Terms and Conditions
for All Course Purchases
These terms and conditions apply to all courses provided by Encore Professionals’ Institute of Coaching™ a registered company in the state of Texas, USA.
You may contact us by email at Info@encorepic.com
These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any course. Please read these terms and conditions carefully before purchasing a course and print off a copy for your records.
If there is any conflict between our website disclaimer, these terms and conditions and any course specific Terms and Conditions which might apply to a specific course then the conflict shall be resolved by applying the following order of priority:
- Course Specific Terms and Conditions;
- These Standard Terms for the Purchase of Courses;
- Website Disclaimer.
For purchases via our website, by ticking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions, you must cease to continue to purchase any services from us.
- Definitions
The following terminology applies to these Terms and Conditions:
“Membership” refers to “course”
“Participant”, “Client”, “Customer”, “Student”, “Learner”, “User”, “You” and “Your” refers to, the person accessing this website and accepting Encore Professionals’ Institute of Coaching™ terms and conditions.
“Visitor” refers to you, just a visitor, not a student, client, or customer
“The Company”, “Ourselves”, “We” and “Us”, refers to Encore Professionals’ Institute of Coaching™
“E.P.I.C.” refers to Encore Professionals’ Institute of Coaching™, “our site” refers, www.encorepic.com
“Party”, “Parties”, or “Us”, refers to both the student and ourselves, or either the student or ourselves.
“Confidential Information” refers to information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the course materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” refers to the information provided by Encore Professionals’ Institute of Coaching™ to accompany a course provided as part of the services in hard copy or electronic form.
“Fees” refers to the fees paid by you to Encore Professionals’ Institute of Coaching™ for the services.
“Intellectual Property Rights” refers to copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to confidential information and other intellectual property rights (registered or unregistered) throughout the world.
“Course” refers to the delivery by us of any course pursuant to which you learn course materials remotely, live online, or in a classroom setting.
“Services” refers to the provision of the course or the course materials together with such other services as agreed from time to time and purchased by you through the website or by telephone.
- The Services
2.1. A description of the services together with the dates on which the services will begin are available on our website. We will provide the services with reasonable care and skill in accordance with the description set out on the website.
2.2. We reserve the right to vary or withdraw any of the services described on the website without notice.
2.3 We expect you to confirm that the services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the services.
- Ordering Services
Purchasing services via the website
3.3. When you place an order for a service via the website you are offering to purchase the services on these terms and conditions. Encore Professionals’ Institute of Coaching™ reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.
3.4. Following receipt by us of your order for services via the website we will contact you confirming receipt of your order.
3.5. A legally binding agreement between us and you shall come into existence when we have:
(a) accepted your offer to purchase services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant fees from you in accordance with clause 5 below.
3.6. Where your order consists of multiple courses, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.
3.7. Encore Professionals’ Institute of Coaching™ does not and is not responsible for booking any examination with any professional body or examination board. It is your responsibility to ensure that you book prior to the relevant closing date any exam necessary that you wish to take, and which may or may not be associated with the subject matter of the services provided to you by Encore Professionals’ Institute of Coaching™.
- Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted/confirmed the services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted within7 business days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the services.
4.2. If you have purchased an online course and have already accessed, downloaded all or part of the online course and/or started to use that online course then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of services and any other cancellation and/or variation of course dates will be at the entire discretion of Encore Professionals’ Institute of Coaching™.
4.4. If a student cannot access the course online at www.encorepic.com because they fail to meet the required system requirements (at least Windows 7 or macOS X Yosemite), given on the website, then Encore Professionals’ Institute of Coaching™ will not take responsibility or give a refund to the purchaser.
4.5 The start date and time of all memberships and access is deemed to be the date and time that the student first has access to the member’s area and access expires 1-year later at the exact date and time. Encore Professionals’ Institute of Coaching™ will make one attempt to inform the student when this access/membership period has ended. After this attempt, Encore Professionals’ Institute of Coaching™ can no longer guarantee access to the course or that certification will be possible.
4.6 Refunds
Once your first monthly payment for a course, training, and/or package has been made and you have accessed the course, training, package, course materials, other resources, or the student center, no refunds will be given. Please ensure that your computer has at least Windows 7 or macOS X Yosemite, before purchasing courses, trainings, and/or packages.
If you have NOT accessed your course, training, package, course materials, other resources, or the student center, you may receive a refund. However, there will be a 20% maintenance fee, so the total amount that you paid will not be refunded.
A request for refunds must be made in writing and emailed to info@encorepic.com. Please include your full name and the email address used for PayPal. You may also request to cancel any remaining payments in the email.
4.7 Other Policies
An administrative fee for a missed payment is $25.00 per week, up to $400.00 total. But, if the payment is made during the same month that it is due, no administrative fees will be charged for that month.
A student/graduate will receive their certificates when their account is paid in full.
By registering with us you are acknowledging you understand this.
- Fees
5.1. The Fees for the services shall be as set out on the website or as told to you over the telephone at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the services the fees are exclusive of local taxes, the cost of some course materials and any delivery costs payable in respect of the delivery of course material to you. Each of these costs will be indicated on the website or told to you over the telephone prior to your purchase of the services.
5.3. Save where specifically stated otherwise on the website, all fees shall be exclusive of any amounts payable to any professional body for registration and examination entry. These are payable by you directly to the relevant professional body or examination board and we accept no responsibility or liability for your failure to book your exam with the relevant professional body or examination.
5.4. Fees for the service selected by you on the website or purchased over the telephone shall be debited from your credit/debit card at the time of purchase. Fees must be paid in full prior to you attending any or accessing any course.
5.5. Any fees charged by your debit or credit card provider in connection with your purchase of services are for your own account and Encore Professionals’ Institute of Coaching™ shall not be responsible for these.
5.6. You shall be responsible for all costs you incur in connection with your attendance or your access to any course.
- Course Materials
6.1 The training material is the property of Encore Professionals’ Institute of Coaching™.
6.2 This training material has been prepared, maintained, updated and distributed by Encore Professionals’ Institute of Coaching™
6.3 The use of the course material is restricted to the Registered User who has been supplied with the log in details during registration as part of an authorized course.
6.4 The Registered User shall not copy, share, modify, transmit, distribute, or in any way, exploit the copyrighted materials provided by Encore Professionals’ Institute of Coaching™ other than for their own individual training. Use for any other purpose is expressly prohibited by law and any violators will be prosecuted.
6.5 The Registered User shall not permit anyone else to copy, use, modify, transmit, distribute, or in any way, exploit the copyrighted materials.
6.6 The materials made available by Encore Professionals’ Institute of Coaching™ are provided “as-is” without warranties of any kind, either expressed, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
6.7 Encore Professionals’ Institute of Coaching™ does not warrant that the materials will be error free including technical inaccuracies, nor free of viruses, or other harmful matter. The entire cost of any necessary service, repair, or correction, is the Registered User’s responsibility.
6.8 Encore Professionals’ Institute of Coaching™ may make improvements, or changes, to this material at any time without prior notification.
6.9 “The International Coach Federation”, ICF are trademarks of International Coach Federation in the U.S. and other countries. All other trademarks, service marks and trade names in this material are the marks of the respective owners and any unauthorized use is prohibited.
6.10 All rights not expressly granted herein are reserved.
6.11 These Terms and Conditions shall be governed by and construed in accordance with the laws of United States of America.
6.12 If you do not agree to these Terms and Conditions, do not purchase the Course.
- Access to the courses
7.1 Encore Professionals’ Institute of Coaching™ strives to provide the course content to its students on a continuous basis. To that end, Encore Professionals’ Institute of Coaching™ will take all commercially reasonable efforts to provide uninterrupted access of the courses to its students. However, from time to time, students may be unable to access the courses due to conditions beyond Encore Professionals’ Institute of Coaching™ control. Such conditions include, but are not limited to force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law.
Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons.
In response to any unavailability of the courses to its students, Encore Professionals’ Institute of Coaching™ will take all commercially reasonable steps to ensure that access is restored within a reasonable period. The term “commercially reasonable,” as used in these terms, refers to reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
7.2 Encore Professionals’ Institute of Coaching™ endeavors to provide the highest quality content to its students. To that end, Encore Professionals’ Institute of Coaching™ reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this site in whole or in part, including, without limitation, the content, availability, access and/or the terms of this site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this site.
7.3 Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the site.
7.4 Students have unlimited access to their courses and one (1) year access to the resources, tools, exercises, business training, and student calls in the member’s area.
7.5 Students can renew their membership yearly from the student center.
- Liability
8.1. No part of the provision of the services shall be deemed to be, nor is it intended to be, nor should it be taken to be therapeutic or medical advice.
8.2. Although Encore Professionals’ Institute of Coaching™ aims to provide the services to the highest standards of the industry, neither it, nor its trainers accept any liability for
(i) any inaccuracy or misleading information provided in the course or course materials and any reliance by student on any such information,
(ii) any loss or corruption of data,
(iii) any loss of profit, revenue or goodwill, or
(iv) any indirect, special or consequential loss arising from any breach of the terms of this agreement.
8.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the services. Subject to clause 8.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
8.4. Subject to clause 8.5 below, Encore Professionals’ Institute of Coaching™ total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant course in relation to which a dispute has arisen.
8.5. Nothing in this Agreement shall exclude or limit Encore Professionals’ Institute of Coaching™ liability for
(i) death or personal injury caused by negligence,
(ii) fraudulent misrepresentation or
(iii) any other matter which under English law may not be limited or excluded.
8.6. No claim may be brought more than six months after the last date on which the services concerned have finished or ceased to be provided by us.
- Intellectual Property
9.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by trainers are and remain, the intellectual property of Encore Professionals’ Institute of Coaching™ or its licensors, whether adapted, written for or customized for the Client or not.
9. Intellectual Property/U.S. Copyright law
9.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by trainers are and remain, the intellectual property of Encore Professionals’ Institute of Coaching or its licensors, whether adapted, written for or customized for the Client or not, are protected by U.S. copyright law. Encore Professionals’ Institute of Coaching is the exclusive owner of the copyright in these materials. You may take notes and make copies of course content and other course materials for your own use. You may also share those materials with another learner who is enrolled at Encore Professionals’ Institute of Coaching.
9.2. You are not authorized to:
(i) copy, modify, reproduce, re-publish, sublicense, sell, upload, broadcast, post, transmit or distribute any of the course materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other refers to the course given;
(iii) use the course materials in the provision of any other course or training whether given by us or any third-party trainer;
(iv) remove any copyright or other notice of Encore Professionals’ Institute of Coaching™ on the course materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the online courses.
Breach by you of this clause 9.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any services, including but not limited to access to the online courses.
9.3. In consideration of the fees paid by you, we grant to you an unlimited, but non-transferable, non-exclusive license to use the course materials and the downloadable resources, tools, and exercises in respect of the course for the sole purpose of completing the course to use in coaching sessions.
- Confidentiality
10.1. Each party shall keep the other party’s confidential information strictly confidential and not use it otherwise than for the purposes of these terms and conditions and shall return it on demand and not retain copies of it.
10.2. Either party may disclose confidential information to its legal and other advisors for the purposes of obtaining advice from them.
10.3. This clause shall continue notwithstanding termination of these terms and conditions.
- Termination
11.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect if you:
- fail to pay when your fees are due;
b. act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Encore Professionals’ Institute of Coaching™, any teacher or lecturer who provides the courses or any student who attends;
c. cheat or plagiarize any work which you are required to prepare or submit in connection with the services or during any examination taken in connection with the services;
d. steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our courses;
e. are in breach of these terms and conditions.
11.2. On termination clause 8 (liability), 9 (intellectual property rights), 10 (Confidentiality) shall continue notwithstanding such termination.
- Assignment
Any services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
- Entire Agreement
These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
- Force Majeure
Encore Professionals’ Institute of Coaching™ shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, government edict or regulation.
- Assignment
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
- Data Protection
16.1 The nature of the services provided by us refers to that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the services, you agree to this use.
16.2 When you register with us you will need to provide certain data such as your contact details and demographic information. We will store this data and use it to contact you, provide you with details of the services you have purchased and otherwise as required during the normal provision of the course.
16.3 We may also use the above data, and similar data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the registration form, provide you with communications. We will not pass any personal data onto anyone outside of Encore Professionals’ Institute of Coaching™.
16.3 To enable us to monitor and improve our services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the website you visit.
16.4. We use information such as your User ID, session identifiers, and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the website.
16.5. Our products may link to third party websites, and we are not responsible for their data policies or procedures or their content.
16.6. Encore Professionals’ Institute of Coaching™ endeavor to take all reasonable steps to protect your personal data including the use of encryption technology but cannot guarantee the security of any data you disclose. You accept the inherent security implications of being and transacting online over the internet and will not hold us responsible for any breach of security.
16.7. Encore Professionals’ Institute of Coaching™ may supplement the information that you provide with information we receive from third parties, such as exam registration bodies or your employer.
16.8. See Encore Professionals’ Institute of Coaching™ Privacy Policy for more information and for GDPR information.
16.9. If you wish to change or update the data we hold about you, please e-mail Info@encorepic.com
- Law and Jurisdiction
This Agreement is subject to United States of America law and the parties submit to the exclusive jurisdiction of the United States of America courts in connection with any dispute hereunder.
- Notices
You can contact us by the following:
Email: Info@encorepic.com