1. The definitions in this clause apply to these terms.
Commencement date: The date of the contract.
Contract: The customer’s offer to purchase the services by completing the order form, together with these Terms & Conditions. Customer/you/your: The person, firm or company who purchases services from the provider.
Event: The event specified in the Order Form to be supplied by the provider.
Event hours: The hours a seminar is available for You to access.
Fee: The fee payable by You for the services as set out in the Order Form.
Materials: Any materials supplied by the Provider to You as part of the Event.
Order Form: The order form attached to these Terms & Conditions which forms part of the Contract.
Services: The services supplied by the provider as set out in the Order Form.
Terms & Conditions: The terms & conditions set out below which form part of the Contract.
2. By signing the Order Form, You agree that the Order Form, together with these Terms & Conditions form a Contract between You and the Provider.
3. You hereby acknowledge and accept that you are entering into a Contract with the Provider.
4. You hereby acknowledge and agree that the provider is supplying the services to You.
5. Please check that the details in these Terms & Conditions and on the Order Form are complete and accurate before You commit Yourself to the Contract. If you think that there is a mistake, please make sure that You ask either the Provider to confirm any changes in writing.
6. Please ensure that You read and understand these Terms & Conditions before You sign and submit the Order Form as You will be bound by the Terms & conditions once a Contract comes into existence between You and the Provider in accordance with clause 7.
7. The Order Form is an offer by You to enter into a binding Contract with the provider. These Terms & Conditions shall become binding on You unless the Provider refuses to accept Your offer to enter the Contract within a reasonable time from such offer.
8. This agreement shall commence on the Commencement Date and shall automatically terminate upon the end of the Event that You have booked to attend on Your Order Form unless terminated earlier in accordance with clauses 18 and 19.
9. In consideration for You booking an Event, You are entitled to: a) attend during Event hours; and b) receive a copy of the Material, if any (subject to clauses 14 and 16).
10. The Provider reserves the right to amend or cancel any Event times, dates, venue or speaker. The Provider will notify You in writing of the changes: a) The Provider shall have any liability to You; b) You retain the right to reschedule; and c)if an Event is cancelled by the Provider, other than Your rights to refund which You may claim directly from the provider.
11. You must pay to us in consideration of the Event either: a) The Fee in full on the signing of the Order Form by You without set off, deduction or counterclaim; or b) If the Provider has agreed that you may pay each instalment to us in full and without set off or deduction, the terms of which shall be set out in the Order Form but in any case, the Fee must be repaid in full in four or fewer instalments and within less than 12 months from the Commencement Date.
12. Payments made under this agreement must be made by the means specified in the Order Form
13. If You fail to comply with the payment terms in either clause 11(a) or 11(b), the provider reserves the right to suspend this agreement and Your rights under it until payment has been made.
14. All intellectual property rights developed and used in performing the Event are either owned by the Provider or a third party supplier
15. In performing the Event for You, the rights in any intellectual property shall not be transferred or assigned to You, and the title to all such intellectual property remains with the provider an/or the relevant third party.
16. You may only use such Material for personal and educational purposes. You may not: a) alter any of our intellectual property or the Materials; or b)copy or reproduce the content of the Event Services, or the Materials; or c) sell the intellectual property or the Material or supply them to third parties.
17. The Contract between You and the Provider shall automatically terminate upon completion of the provision of the event that You have booked on the Order form in accordance with the Contract.
18. You may cancel your booking with more than 28 days notice and you’ll receive your payment minus £100 plus VAT for admin will apply. If you cancel your booking within 28 days notice, no refunds will be issued. You can transfer your place to a colleague and this will incur an extra £100 plus VAT admin fee.
19. The Provider may cancel the Event for any reason by written notice to You. Should this happen, the Provider will also refund You the Fee You have actually paid to us within 30 working days of giving You notice of cancellation.
20. If at any time after the “Cooling Off Period”, for whatever reason, you decide you do not want to receive the seminar/product services, you will not be eligible for a refund of any monies you have paid to us under this agreement.
21. If you terminate the Contract after the Event has commenced, then the Provider reserves the right to charge you the full Fee.
22. In the event that you are unable to attend the Event You have booked and paid for You can transfer Your ticket to a nominated new attendee subject to notifying us in writing at least 28 working days before the Event start, and providing us with their full contact details. An administration fee of £100 plus VAT will apply.
23. Subject to clause 24, if either party fails to comply with these Terms and Conditions, neither party shall be responsible for any losses that the other suffers as a result, except for those loses which the Provider or You could reasonably foresee would result from the failure to comply with these Terms and Conditions.
24. Neither party shall be responsible for losses that result from the provider’s failure to comply with these Terms and Conditions including, but not limited too, losses that fall into the following categories: a) loss of income or revenue; b) loss of business; c) loss of anticipated savings; or d)loss of data.
25. This clause does not include or limit in any way the Provider’s liability for: a) a death or personal injury caused by the provider’s negligence; or b) fraud or fraudulent misrepresentation; or c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or e) any other matter for which it would be illegal or unlawful for success Resources to exclude or attempt to exclude Our liability.
26. Nothing in this agreement attempts to exclude or limit or affect Your statutory rights.
27. If the performance or performances as contemplated by this Agreement are prevented or cancelled because of an act of God, an inevitable accident, fire, blackout, flood, or any other calamity, or if by reason of strikes, or lockouts, or any other events beyond the direct control of both parties, then the promoter may at its option either postpone the performance from the original performance date.
28. All notices or other communications must be made to the address specified in the Order Form.
29. The non-exercise of or delay in exercising any power or right of a party does not operate as a waiver of that power of right, nor does any single exercise of any power or right preclude any other or further exercise of it; or the exercise of any other power of right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
30. Should any provision of this agreement be held by a Court of competent jurisdiction to be unlawful, invalid and unenforceable or in conflict with any rule, statute, ordinance or regulation the validity and enforceability of the remaining provisions will not be affected.
31. This agreement constitutes the entire agreement between the parties. Any prior arrangements, agreement representations or undertakings are superseded.
32. The contract shall be governed by English law and You and the Provider both agree to the exclusive jurisdiction or the English courts.