STANDARD TERMS AND CONDITIONS FOR SUPPLY OF GOODS AND SERVICES OF UK College of Personal Development.
In this document the following words shall have the following meanings:
1.1 “Agreement” means these Terms and Conditions together with the terms of any applicable Specification Document;
1.2 “Customer” means the organisation or person who purchases goods and services from the UK College of Personal Development;
1.3 “Delegate” means the organisation or person who purchases goods and services from the UK College of Personal Development;
1.4 “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.5 “Specification Document” means a statement of work, quotation or other similar document describing the goods and services to be provided by the supplier;
1.6 “Supplier” means the UK College of Personal Development.
2.1 These Terms and Conditions shall apply to all contracts for the supply of goods and services by the UK College of Personal Development to the Customer.
3. PRICE AND PAYMENT
3.1 We are not liable to refund fee differences that may arise due to delegates booking at different times, discounts etc.
3.2 Invoiced amounts shall be due and payable within 14 days of receipt of invoice. The UK College of Personal Development is entitled to charge interest on overdue invoices from the date when payment becomes due at the rate of 1% per annum above the base rate of the Bank of England after 30 days of an invoice not being paid.
3.3 Should a purchase order be required for payment of the invoice, it is the delegate’s responsibility to ensure the UK College of Personal Development have the full details and agreed purchase order before the products or services are supplied.
3.4 In the event that a booking is cancelled, an administration charge will be incurred. This will be the equivalent to 40% of the cost of the course.
3.5 Attendance for the programme will only be secured when full payment has been received or you have accepted our interest free payment plan.
3.6 All payment subscription plans) must be agreed with the UK College of Personal Development and constitute a binding contract for the full 10, 12 or 14-month period as agreed.
3.7 Full payment for all programmes must be received prior to programme commencement unless a payment subscription plan has been arranged and agreed and set up with the UK College of Personal Development.
3.8 All programme fees are non refundable. Transfers are permitted however they must be agreed with the UK College of Personal Development prior to attendance
3.9 No time limit to achieving certification. It may, however, be necessary to apply additional fees if programme fees have increased within 24 months of attendance. Prior contact with the UK College of Personal Development must be made before attendance.
4.1 For the avoidance of doubt no description, specification or illustration contained in any product pamphlet or other sales or marketing literature of the UK College of Personal Development and no representation written or oral, correspondence or statement shall form part of the contract.
4.2 No unauthorised use of the UK College of Personal Development logo is permitted at anytime.
4.3 All the UK College of Personal Development workshops and programmes are recorded via audio / video
5. DELIVERY AND PROGRAMME INFORMATION
5.1 The times of delivery specified by the UK College of Personal Development are an estimate only. Time for delivery shall not be of the essence of the contract and the UK College of Personal Development shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the programme
5.2 All the UK College of Personal Development workshops and programmes are recorded via audio and occasionally video. The UK College of Personal Development will also record workshops and exerts from certified programmes. the UK College of Personal Development reserves the right to use this material for marketing without seeking the delegates’ permission
5.3 If you have any reason to not be happy with any part of an UK College of Personal Development programme please email firstname.lastname@example.org.
5.4 It maybe necessary, for reasons beyond the control of the UK College of Personal Development, to change the venue, dates and/or trainers.
5.5 All programmes are as advertised via the UK College of Personal Development website, and its associated websites plus additional marketing materials; we do reserve the right to upgrade the programme venue, use more appropriate trainers and amend the programme in any way to enhance your learning.
5.6 Should the UK College of Personal Development change the programme venue, you will receive written confirmation with sufficient notice.
5.7 The UK College of Personal Development are not liable for any additional travel and accommodation costs the delegate may incur should the programme dates or venue be altered.
5.8 No time limit to achieving certification. Except where a governing body, professional body or academic qualification stipulates such time limits. These time frames will be set out in the material marketing these programs.
6. CUSTOMER’S OBLIGATIONS
6.1 To enable the UK College of Personal Development to perform its obligations under this Agreement the Customer shall:
6.2 co-operate with the UK College of Personal Development;
6.3 provide the UK College of Personal Development with any information reasonably required by the UK College of Personal Development;
6.4 In the event that the Customer or any third party, not being a sub-contractor of the UK College of Personal Development shall omit or commit anything which prevents or delays the UK College of Personal Development from undertaking or complying with any of its obligations under this Agreement, then the UK College of Personal Development shall notify the Customer as soon as possible and:
6.5 The UK College of Personal Development shall have no liability in respect of any delay to the completion of any project;
6.6 if applicable, the timetable for the programme will be modified accordingly;
6.7 The UK College of Personal Development shall notify the Customer at the same time if it intends to make any claim for additional costs.
7. ALTERATIONS TO THE SPECIFICATION DOCUMENT
7.1 The parties may at any time mutually agree upon and execute new Specification Documents. Any alterations in the scope of the programmes to be provided under this Agreement shall be set out in the Specification Document, which shall reflect the changed goods and/or services and price and any other terms agreed between the parties.
8. LIMITATION OF LIABILITY
8.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the UK College of Personal Development to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.
8.2 In no event shall the UK College of Personal Development be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.
8.3 Nothing in these Terms and Conditions shall exclude or limit the UK College of Personal Development’s liability for death or personal injury resulting from the UK College of Personal Development negligence or that of its employees, agents or sub-contractors.
9. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the UK College of Personal Development, and the Customer shall do all that is reasonable necessary to ensure that such rights vest in the UK College of Personal Development by the execution of appropriate instruments or the making of agreements with third parties.
10. INDEPENDENT CONTRACTORS
The UK College of Personal Development and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. The UK College of Personal Development may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided to the Customer and such engagement shall not relieve the UK College of Personal Development of its obligations under this Agreement or any applicable Specification Document.
The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the UK College of Personal Development.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at anytime subsequently to enforce all Terms and Conditions of this Agreement.
Any notice to be given by either party to the other may be served by email, fax. Personal service or by post to the address of the other party given in the Specification Document or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
14. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
15. NO THIRD PARTIES
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
16. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
17. CONTENT; COPYRIGHT AND TRADEMARK NOTICE
All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, “Content”), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to the UK College of Personal Development, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms & Conditions, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without the UK College of Personal Development prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Content, and the UK College of Personal Development reserves all rights not expressly granted hereunder. The UK College of Personal Development expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
18. REGISTRATION; CUSTOMER ACCOUNTS; USE OF SITE
Certain services offered on or through the Site require you to first open an Account and or become a member. You are responsible for maintaining the confidentiality of your Account and or membership information, including your password, and for all activity that occurs under your account. You agree to notify the UK College of Personal Development immediately of any unauthorized use of your account / membership or password, or any other breach of security. You may be held liable for losses incurred by the UK College of Personal Development or any other user of the Site due to someone else using your password or customer account. You may not use anyone else’s password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your account information by logging in and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
You also agree that the UK College of Personal Development may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account and or membership for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of these Terms & Conditions, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that the UK College of Personal Development will not be liable to you or to any third party for termination of your access to the Site.
19. CONSENT TO COLLECTION, USE & DISCLOSURE OF YOUR PERSONAL INFORMATION
While the UK College of Personal Development takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT the UK College of Personal Development BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER NET EXPOSURE, INC WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
20. CONSENT TO OUR COMMUNICATION WITH YOU BY E-MAIL
By establishing an Account and or membership with us, and each time you make a purchase through our Site, you grant permission for the UK College of Personal Development to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at email@example.com.
21. The UK College of Personal Development is not responsible for the contents or reliability of any other websites to which we provide a link. We cannot guarantee that these links will work at all times and have no control over the availability of the linked pages.
Registered Company Number: 06761363
VAT Number: 923940715
The UK College of Personal Development
3-5 Wood Street
Tel: 01793 511 180
Copyright © 2015