TERMS AND CONDITIONS for Online Courses and Awards
These pages (together with the documents referred to on it) set out the terms and conditions under which we provide the online courses, programmes ("courses") and awards listed on our web site, educatingforequality.co.uk ("the site").
Please read these terms and conditions carefully before buying any courses or awards from the site. You should understand that by buying any of our courses or awards ("course purchase"), you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. Information about us
1.1 The site is operated by the management of Educating for Equality Ltd ("we" or "us").
1.2 Our main business address is Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX
1.3 We are a limited liability company registered in England and Wales number 12876869.
2. Your status
2.1 If you have not entered into a contract for the purposes of your business, trade or profession, you are acting as a consumer.
2.2 If you are an employee of a business, trade or profession ("a professional") you hereby agree that you, as an individual, are bound by the terms of this contract.
2.3 If you are a consumer or a professional, by placing an order through our site you warrant that:
a) You are legally capable of entering into binding contracts; and
b) You are at least 18 years old; and
c) You do not have an outstanding bad debt with us; and
d) You have not previously been asked to leave a course.
e) You have complied with the relevant provisions of the General Data Protection Regulation applicable in the European Union and the Data Protection Act 2018 applicable in the United Kingdom.
2.4 In the event that we discover you have given incorrect information under paragraph 2.3 above we shall be entitled to terminate your course or award application with immediate effect and any fees paid shall not be refunded.
3. How the contract is formed between you and us
3.1 In order to purchase a course or award, you will be asked then to complete your purchase by providing a debit or credit card for the course/ award you have selected. You will receive a receipt for your purchase by email ('order confirmation') and you will then be provided with further details on how to join the live online course on the given date or the award details and documents. The contract is formed between us when you receive the order confirmation.
3.2 The contract will relate only to those courses and chosen course options or awards which we have confirmed we will provide in the order confirmation. The value of the contract will be the sum of the course fee.
3.3 You warrant that all information provided to us by you for the purposes of the contract is complete and accurate.
3.4 Where a course, courses or award cover subjects affecting people such as (but not limited to) trauma, crisis, loss, neglect and addiction, by registering, you accept that you may yourself be affected by the course or award and have taken the appropriate steps to safeguard yourself from any side effects that may occur.
3.5 Whilst we take care to ensure that recommendations and statements made within any course or award criteria are reasonable and are acceptable practice, we do not accept any responsibility for any action a course participant or award applicant, whether as a consumer or as a professional, takes or does not take as a result of taking a course or applying for an award.
4. Price and payment
4.1 The course/ award fee will be as quoted on the site at the time of order and will be inclusive of UK Value Added Tax (VAT). A receipt for the course fee or fees will be raised with the order confirmation.
4.2 Prices are liable to change at any time, but there will be no price change on a course for which you have received an order confirmation.
4.3 Payment by you via our site must be by credit or debit card; we accept most major debit and credit cards. You must contact firstname.lastname@example.org if you wish to pay fees by another method.
5. CANCELLATIONS/REFUNDS POLICY –If The Client wishes to cancel their place(s) on a course, Educating for Equality Ltd must be informed in writing no less than 30 days prior to the course, to prevent The Client from incurring charges. If The Client wishes to cancel their place(s) on a course between 30 and 7 days before a conference, the cancellation notice must be submitted in writing and a 25% administration fee will be applied. If cancellations occur less than seven days prior to a conference taking place, full charges apply. Please note that course fees cannot be refunded due to non-attendance on the day. Even if the conference place is ‘free’, please submit a cancellation notice in writing. Exceptions to these timescales and charges are entirely at the discretion of Educating for Equality Ltd. A ‘Transfer’ of a booking may be made to another agreed date, subject to availability and at the discretion of Educating for Equality Ltd, however we reserve the right to charge an administration fee of 10% for alterations. Fees paid in respect of awards are non-refundable.
6. Our liability
6.1 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the fee you paid.
6.2 This does not include or limit in any way our liability:
a) For death or personal injury caused by our negligence;
b) Under section 2(3) of the Consumer Protection Act 1987;
c) For fraud or fraudulent misrepresentation; or
d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability
6.3 We are not responsible for indirect losses which happen as a side-effect of the main loss or damage including but not limited to:
a) Loss of income or revenue
b) Loss of business
c) Loss of profits or contracts
d) Loss of anticipated savings
e) Loss of data, or
f) Waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise provided that this Clause 5.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of Clause 5.1 or 5.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this Clause 5.3.
7. Intellectual property
7.1 Nothing in these terms and conditions shall give you any right or other licence to use copy or otherwise use or exploit in any way any intellectual property contained in the content of any course or award materials provided to you in accordance with these terms and conditions.
7.2 Unless otherwise stated during the course or award application process the entirety of the written, visual and audio material used or supplied by us within the course or award is intellectual property owned exclusively by us.
8. Written communications
8.1 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 email 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.
9.1 All notices given by you to us must be given at email@example.com. We may give notice to you at the email address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent. In proving the service of any notice, it will be sufficient to prove that such email was sent to the specified email address of the addressee.
10. Transfer of rights and obligations
10.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
10.2 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.
10.3 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.
11. Events outside our control
11.1 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).
11.2 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:
a) Strikes, lock-outs or other industrial action.
b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
e) Impossibility of the use of public or private telecommunications networks.
f) The acts, decrees, legislation, regulations or restrictions of any government.
g) Illegal computer hacking.
11.3 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.
Interruption of service
Educating for Equality Ltd reserves the right to cancel a course booking at anytime. If an event is cancelled any monies which have been received by Educating for Equality Ltd from The Client will be repaid in full within twenty working days of the date of cancellation. Please note that Educating for Equality Ltd will always endeavour to continue with an event where possible.
12.1 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.
12.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
12.3 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 8.
13.1 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.
15. Entire agreement
15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
15.2 We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
15.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
16. Our right to vary these terms and conditions
16.1 We have the right to revise and amend these terms and conditions from time to time.
16.2 You will be subject to the policies and terms and conditions in force at the time that you order 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).
17. Law and jurisdiction
17.1 Contracts for the purchase of courses through our 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.