TERMS AND CONDITIONS
FOR THE SUPPLY OF TRAINING COURSES
Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside those countries.
- By placing an order through the site, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old;
- you are resident in the United Kingdom
- By placing an order through the site, you warrant that:
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Training. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Training has been booked (the “Booking Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Booking Confirmation.
- The Contract will relate only to Training whose booking we have confirmed in the Booking Confirmation. We will not be obliged to supply any other Training which may have been part of your order until we have confirmed your booking for such Training in a separate Booking Confirmation.
- If you are contracting as a consumer and subject to Clause 4.3, you may cancel a Contract at any time within seven working days, beginning on the day after the day the Contract is made (the “cooling-off period”). In this case, you will receive a full refund of the price paid for the Training in accordance with our refunds policy (set out in clause 9 below).
- To cancel a Contract, you must inform us in writing.
- You will not have any right to cancel a Contract for the supply of any Training where the Training starts before the acceptance of the cancellation period specified in Clause 4.1.
- Details of this statutory right, and an explanation of how to exercise it, are provided in the Booking Confirmation. This provision does not affect your statutory rights.
- Once a Contract is formed between us, you will be liable for the full price of the Training and may not cancel the Contract or cancel or reschedule any Training unless both of us agree to this in writing. You may not withhold payment for the Training and are not entitled to receive a refund of the price you have paid for the Training unless we agree to this in writing. This clause does not affect your right to cancel the Contract under clause 4.1.
- We reserve the right to refuse to provide the Training if you have not paid us for the Training.
- General cancellation terms for individuals booked on public courses or in-house courses, or for in-house training on clients premises are as follows:
- 43 days or more before the training – no charge
- 42-29 days before the training – 50% of the fee
- 28-14 days before the course – 75% of the fee
- Less than 14 days before the course – 100% of the fee
PROVISION OF TRAINING
- The Training will be provided on the dates specified in the Booking Confirmation or if no delivery date is specified, then within 30 days of the date of the Booking Confirmation, unless there are exceptional circumstances.
- We reserve the right to alter the venue for the Training and to alter the training personnel. If we alter the venue, we will notify you of the change in venue as soon as possible and in any event before the Training starts.
- We reserve the right to cancel, curtail or reschedule Training. If we do this, we will use reasonable endeavours to notify you before the Training was due to start. Where we cancel Training we shall refund the price of the Training that has been cancelled or if Training is curtailed we shall refund part of the price you paid for the Training which will be in proportion to the part of the Training that has been curtailed. If we reschedule Training we shall notify you of the new date for provision of the Training. If you do not wish to accept the new date you must notify us within 7 days of the date of the Training that you wish to cancel the Training and we shall refund the price of the Training. If you do not notify us within this timescale you will be deemed to have accepted the rescheduled Training. You will not be entitled to receive any other compensation for our cancellation, curtailment or rescheduling of the Training.
- We may help you to specify or choose Training, but the assessment and selection of your chosen Training for your requirements is your responsibility and you must satisfy yourself that the Training is suitable for your requirements.
PRICE AND PAYMENT
- The price of any Training will be as quoted on our site from time to time, except in cases of obvious error.
- These prices are subject to VAT at the prevailing rate.
- Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Booking Confirmation.
- The site contains a large number of Training and it is always possible that, despite our best efforts, some of the Training listed on the site may be incorrectly priced. We will normally verify prices as part of our booking procedures so that, where the correct price of Training is less than our stated price, we will charge the lower amount when the Training is booked. If the correct price of Training is higher than the price stated on the site, we will normally, at our discretion, either contact you for instructions before the Training is booked, or reject your order and notify you of such rejection.
- We are under no obligation to provide Training to you at the incorrect (lower) price, even after we have sent you a Booking Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- If you do not make payment on time we may charge you interest at 4% over Barclays Bank plc’s base rate from time to time in force on the amount outstanding. Interest will accrue on a daily basis from the due date until the date of actual payment. This clause does not apply to payments that are withheld in good faith.
OUR REFUNDS POLICY
- If you have cancelled the Contract between us within the seven-day cooling-off period (see clause 4.1 above) and provided that the date for Training was not before the end of the cooling off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Training in full.
- We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
- We warrant to you that any Training purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
- Our liability for losses you suffer as a result of us breaking this agreement (including any losses which are a foreseeable consequence of us breaking the agreement is strictly limited to the purchase price of the Training you purchased. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
- This does not include or limit in any way our liability:
- for death or personal injury caused by our negligence;
- under section 2(3) of the Consumer Protection Act 1987;
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of data, or
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise [, even if foreseeable];
provided that this clause 10.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 10.4.
INTELLECTUAL PROPERTY RIGHTS
All written information, drawings, diagrams, DVDs, software copies of the same and audio CDs or similar material that we provide to you in connection with the Training and the trade marks, copyright and other intellectual property rights in the same shall remain our exclusive property and unless we say otherwise, must be returned to us on demand. You must treat such information as confidential and it must not be copied, reproduced or disclosed to any third party (in whole or in part) without our prior written consent.
Applicable laws require that some of the information or communications we send to you should be in writing. When using the site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to your chosen training provider at the postal or e-mail address provided on the website. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 /A above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
- The contract between you and us is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport due to weather or any other cause;
- impossibility of the use of public or private telecommunications networks;
- the acts, decrees, legislation, regulations or restrictions of any government;
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 (www.practicallaw.com/A above).
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- We have the right to revise and amend these terms and conditions from time to time.
- You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Booking Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of the date that the Contract is made).
LAW AND JURISDICTION
- Contracts for the purchase of Training through this site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.