Definitions
- The definitions in this clause apply to these terms.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
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.
Customer’s Equipment: any equipment, including tools, systems, cabling or facilities, provided by the Customer, its agents, subcontractors or consultants which is used directly or indirectly in the supply of the Services including any such items specified in the respective Provider’s request to the Customer.
Customer’s Premises: the premises as specified or nominated by the Customer in the Order Form or otherwise notified by the Customer to the Provider where Services are to be performed.
Event: The event specified in the Order Form to be supplied by the provider.
E-Event: The Event, which is conducted over the Internet.
Event hours: The hours a seminar is available for You to access as set out in the Order Form or as indicated in the description of the Services, which is available on the Provider’s site or included in any other materials provided by the Provider to You.
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.
Normal Business Hours: 9.00 am to 6.00 pm local UK time, each Business Day.
On-Premise Services: any Services performed by the Provider on the Customer’s Premises.
Order Form: The order form attached to these Terms & Conditions which forms part of the Contract.
Provider: E: [email protected]
Services: The services supplied by the provider as set out in the Ticket, Order Form or our acceptance of an order.
Terms & Conditions: The terms & conditions set out below which form part of the Contract.
Ticket: a certificate or token issued by the Provider granting a right to attend the Event.
Engagement
- Our acceptance of your order will take place when we tell you that we are able to provide you with the Services, at which point a Contract will come into existence between you and us. This can be performed, for example, by signing the Order Form, your purchase of a Ticket or completing ordering process through our website, or in the course of email exchange as the case may be. You agree that the Ticket, Order Form and our acceptance of your order together with these Terms & Conditions form a Contract between You and the Provider.
- You hereby acknowledge and accept that you are entering into a Contract with the Provider.
- You hereby acknowledge and agree that the provider is supplying the services to You.
- 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.
- Please read these termscarefully before you purchase a Ticket, sign the Order Form or submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- 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.
Commencement and Duration
- 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 19 and 20.
Time and Place
- In consideration for You booking an Event, You are entitled to: a) attend during Event hours as set out in the Order Form, or during Normal Business Hours if the Services are the On-Premise Services or the E-Event; and b) receive a copy of the Material, if any (subject to clauses 15 and 17).
- 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.
- The Provider:
- (a)does not warrant that:
- (i) the Customer’s use of the Services will be uninterrupted or error-free; or
- (ii) that the Services, Documentation and/or the information obtained by the Customer through the Services will meet the Customer’s requirements;
- is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services related to E-Event may be subject to limitations, delays and other problems inherent in the use of such communications facilities;
- is not responsible for any delays, delivery failures, or any other loss or damage resulting from the Customer’s default to ensure the attendance of the participants during any Event, E-Event or On-Premises Services.
Fee and Payment terms
- 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 or completion ordering process through our website 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.
- Payments made under this agreement must be made by the means specified in the Order Form, invoice or quotation as the case may be.
- If You fail to comply with the payment terms in either clause 12(a) or 12(b), the provider reserves the right to suspend this agreement and Your rights under it until payment has been made.
Intellectual Property
- All intellectual property rights developed and used in performing the Event are either owned by the Provider or a third party supplier
- 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.
- 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.
Termination and Refunds
- 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.
- If the Contract is cancelled by the Customer for any reason, the Provider reserves the right to charge a cancellation fee. Any sums already received by the Provider under this Contract will be deducted from the cancellation fee.
- In relation to the Event, the cancellation fee shall be:
| Cancellation before the date of the Event |
Cancellation fee |
| More than 28 days before the date of the Event |
£100 per one Ticket |
| Less than 28 days before the date of the Event |
100% of the Fee. Subject to paying the administration fee as set out in clause 23, a Ticket can be transferred to any third party with no cancellation fee payable |
- In relation to the On-Premises Services, the cancellation fee shall be:
| Cancellation before the time and date of the On-Premises Services provision |
Cancellation fee |
| More than two weeks before the date of the scheduled On-Premises Services provision |
No cancellation fee. We would need reimbursement of pre-paid travel costs. |
| More than 48 hours but less than 2 weeks before the time of the scheduled On-Premises Services provision |
100% of the Fee. A future date for the provision of On-Premises Services can be scheduled at a mutually convenient date in the next 6 months with no cancellation fee payable. Travel costs would need to be paid for the future date.. |
| Less than 48 hours before the time of the scheduled On-Premises Services provision |
25% of the Fee |
- In relation to the E-Event, the cancellation fee shall be:
| Cancellation before the time and date of the E-Event |
Cancellation fee |
| More than two weeks before the date of the scheduled E-Event |
No cancellation fee |
| More than 48 hours but less than 2 weeks before the time of the scheduled E-Event |
100% of the Fee. A future date for the E-Event can be scheduled at a mutually convenient date in the next 6 months with no cancellation fee payable |
| Less than 48 hours before the time of the scheduled E-Event |
25% of the Fee |
- 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.
- If at any time after the “Cooling Off Period”, for whatever reason, you decide you do not want to receive the seminar/product services, or are unable to attend the event, you will not be eligible for a refund of any monies you have paid to us under this agreement.
- If you terminate the Contract after the Event has commenced, then the Provider reserves the right to charge you the full Fee.
Transferring Tickets
- 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 an administration fee of £100 will apply. This can be paid here: https://clinics.co.uk/make-payment/. This clause does not apply to On-Premises Services and E-Event.
Customer’s obligations in respect to On-Premises Services provision
- In the course of On-Premises Services provision, the Customer shall:
- provide, for the Provider, its agents, subcontractors, consultants and employees, in a timely manner and at no charge, access to the Customer’s premises, office accommodation, any hired venue, conference room, data and other facilities as required by the Provider including any such access as is specified in an Order Form;
- provide to the Provider in a timely manner all documents, information, items and materials in any form (whether owned by the Customer or a third party) required under a Order Form or otherwise reasonably required by the Provider in connection with the Services and ensure that they are accurate and complete;
- inform the Provider of all health and safety and security requirements that apply at any of the Customer’s premises. If the Customer wishes to make a change to those requirements which will materially affect provision of the Services, the Provider may charge to the Customer any additional reasonable fees to comply with those requirements;
- ensure that all the Customer’s Equipment is in good working order and suitable for the purposes for which it is used and conforms to all relevant United Kingdom standards or requirements;
- obtain and maintain all necessary licences and consents and comply with all relevant legislation as required to enable the Provider to provide the Services, including in relation to the installation of the Provider’s equipment, and the use of the Customer’s Equipment, in all cases before the date on which the Services are to start; and
- comply with any additional responsibilities of the Customer as set out in the relevant Order Form.
- If You are in breach of any of your obligations as set out in clause 24 above or agreed between us in an Order Form, we may charge You £200 as compensation for the net costs we will incur as a result of your breach of your obligations for each event of the breach.
Limitation of Liability
- Except as expressly and specifically provided in these terms:
- the Customer assumes sole responsibility for results obtained from the use of the Services, and for conclusions drawn from such use. The Provider shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to the Provider by the Customer in connection with the Services, or any actions taken by the Provider at the Customer’s direction;
- all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from the Contract; and
- the Services are provided to the Customer on an “as is” basis.
- The Customer acknowledges that the Services related to E-Event may enable or assist it to access the website content of, correspond with, and purchase products and services from, third parties via third-party virtual conferencing services and that it does so solely at its own risk. The Provider makes no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by the Customer, with any such third party. Any contract entered into and any transaction completed via any third-party website is between the Customer and the relevant third party, and not the Provider. The Provider recommends that the Customer refers to the third party’s website terms and conditions and privacy policy prior to using the relevant third-party website. The Provider does not endorse or approve any third-party website nor the content of any of the third-party website made available via the Services related to E-Event.
- Subject to clause 29, 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.
- 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.
- 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.
- Nothing in this agreement attempts to exclude or limit or affect Your statutory rights.
Force Majeure
- 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.
General
- All notices or other communications must be made to the address specified in the Order Form.
- 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.
- 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.
- This agreement constitutes the entire agreement between the parties. Any prior arrangements, agreement representations or undertakings are superseded.
- The contract shall be governed by English law and You and the Provider both agree to the exclusive jurisdiction or the English courts.
