EVENT BOOKING TERMS AND CONDITIONS_V3 UPDATED 03/03/20
1. THESE TERMS AND INFORMATION ABOUT US
1.1 Who We are. We are The ATACC Group Limited a company registered in England and Wales. Our company registration number is 07658746 and Our registered office is at 9 Victoria Road, Fulwood, Preston, Lancashire, England PR2 8ND (We, Us, Our)
1.2 These Terms. These (and any other terms and conditions set out on the relevant page) are the terms and conditions (Terms) on which you book to attend the course or training services (Course) via this website or mobile device application (Website) and apply to the exclusion of any other terms and conditions. Please read these Terms carefully before you make your booking with Us to attend the Course (Booking). These Terms outline how you may make a Booking, how We will administer it and when the contract comes into force, how the Course is delivered and what happens in the event of there being any issues, whether before or after the Course. If you think that there is a mistake in these Terms, please contact Us to discuss.
1.3 How to contact us. You can contact Us by telephoning Our customer service team at 0333 222 999 or by writing to Us at The ATACC Group Ltd, The Gatehouse, Lancashire Business Park, Leyland, Lancashire PR26 6TY or e-mail email@example.com
1.4 How We may contact you. If We have to contact you, We will do so by telephone or by writing to you at the email address or postal address you provided to Us in the Booking.
1.5 “Writing” includes emails. When We use the words “writing” or “written” in these Terms, this includes emails.
2. CONTENT OF THE WEBSITE
2.1 We take reasonable care to ensure that all details, descriptions and prices appearing on the Website are correct at the time when the relevant information was entered onto the Website.
2.2 Although We aim to keep the Website as up to date as possible, the details, description, and prices appearing on the Website at a particular time may not always reflect the accurate position exactly at the moment you view them and accept no liability to you or any third party for any inaccuracies.
2.3 We do not represent, undertake or warrant that access to the Website or any part of it shall be uninterrupted, reliable or fault free.
3. OUR CONTRACT WITH YOU
3.1 Making a Booking. Your Booking shall not be deemed acceptance of any apparent offer made by Us and the listing of a Course on the Website shall be an invitation to treat and provided for information purposes only. Your Booking is an offer to Us for you to attend the Course and by making a Booking you warrant that you are eligible to attend and meet any and all qualifying criteria or legal conditions that apply to those attending the Course.
3.2 What will happen if you do not give required information to Us. We may need certain information from you so that We can process the Booking, as detailed on the Website. We will contact you to ask for this information. If you do not give Us this information within a reasonable time of Us asking for it, or if you give Us incomplete or incorrect information, We may reject the Booking or otherwise treat the Booking as having been withdrawn without further liability to you.
3.3 How We will accept your Booking. Our acceptance of the Booking will only take place when We email you to accept it, at which point a contract will come into existence between you and Us. We reserve the right to reject your Booking for any reason whatsoever.
3.4 If We are unable to accept your Booking, We will inform you of this and will not charge you or otherwise provide you with a refund. This might be because the Course is fully booked or has been cancelled or postponed, because you do not meet the qualifying criteria to attend the Course, because you have not provided Us with the requisite information, because of unexpected limits on Our resources which We could not reasonably plan for, because Your payment has not gone through or because We have identified an error in the price or description of the Course.
3.5 Waiting List. Where possible, We shall place you onto a waiting list and inform you if a place becomes available on the Course. Where a place becomes available We shall let you know and if you still wish to attend, We shall process your payment and the contract will be formed.
3.6 Your Booking number. We will assign an order number to your Booking and tell you what it is when We accept your Booking. It will help Us if you can tell Us the order number whenever you contact Us about your Booking.
4. PRICE AND PAYMENT
4.1 Where to find the price. The price of the Course (which includes VAT) will be the price indicated on the pages when you made the Booking. We take all reasonable care to ensure that the price of the Course advised to you is correct. However please see clause 4.2 for what happens if We discover an error in the price of the Course following the contract being formed.
4.2 What happens if We got the price wrong. It is always possible that, despite Our best efforts, some of the Courses We list may be incorrectly priced. We will normally check prices before accepting your Booking so that, where the Course’s correct price at your Booking date is less than Our stated price at your Booking date, We will charge the lower amount. If the Course’s correct price at your Booking date is higher than the price stated to you, We will contact you for your instructions before We accept your Booking. If We accept and process your Booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, and you do not wish to pay the correct (higher) price then We may end the contract and refund you any sums you have paid.
4.3 When you must pay and how you must pay. We accept payment with the payment mechanisms listed on the Website. All payments are processed in UK Pounds Sterling and no payment shall be deemed to have been made until we receive cleared funds. Payment in full is required at the time of the booking.
4.4 Where any payments have been made in accordance with clause 4.3 and you decide to end your contract in accordance with clauses 7, 7.4.1, 7.4.2 and 7.4.3 a non-refundable administration fee of £25.00 (Admin Fee) shall be incurred.
4.5 As an alternative to ending your contract you may opt to transfer to another course, where one is available. In this instance a non-refundable administration fee of £25.00 (Admin Fee) shall be incurred.
5. OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to the Course. We may change the Course:
5.1.1 to reflect changes in relevant laws and regulatory requirements; and
5.1.2 to implement minor technical adjustments and improvements, provided that its subject matter shall remain consistent.
5.2 More significant changes to the Course and these Terms. If We make more significant changes to the course We will notify you and you may then contact Us to end the contract and receive a refund.
6. DELIVERY OF THE COURSE
6.1 Performance. We shall use reasonable care and skill in the delivery of the Course.
6.2 Special Requirements. You warrant that at the Booking date, you provided Us with all information which We may reasonably need to be made aware of in connection with the provision of the Course, including but not limited to any dietary requirements and details of protected characteristics (as defined by the Equality Act 2010).
6.3.1 All rights relating to patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world (IPRs) in or arising out of or in connection with the Course including any documents, files, materials or other products produced or delivered to you arising out of or in connection with the delivery of the Course (Deliverables) shall be owned by Us.
6.3.2 We grant to you, or shall procure the direct grant to you of, a fully paid-up, worldwide, non-exclusive, royalty-free licence to copy the Deliverables for the purpose of receiving the Course and using the Deliverables solely and exclusively for internal business or personal purposes (as the case may be). You are strictly prohibited from redelivering the Course or distributing the Deliverables for any commercial gain or such other purpose not authorised by Us in writing.
6.3.3 You shall not sub-license, assign or otherwise transfer the rights granted in this clause 6.3.
6.3.4 The Course and any element of the Deliverables are not intended to constitute advice in any specific situation and may not constitute a complete, comprehensive and definitive outline of the subject matter and as such should not be relied on as such by you.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 You can always end your contract with Us. Your rights when you end the contract will depend on the timing and context of the ending of the contract:
7.1.1 If you want to end the contract because of something We have done or have told you We are going to do, see clause 7.2;
7.1.2 If you are a consumer and have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
7.1.3 In all other cases (if We are not at fault and there is no right to change your mind), see clause 7.4.
7.2 Ending the contract because of something We have done or are going to do. If you are ending a contract for a reason set out at 7.2.1 to 7.2.4 below the contract will end immediately and We will refund you in full and you may also be entitled to compensation. The reasons are:
7.2.1 We have told you about an upcoming change to the product or these Terms which you do not agree to (see clause 5.2);
7.2.2 We have told you about an error in the price (where the correct price is greater than that You were told about) or description of the Course and you do not wish to proceed;
7.2.3 there is a risk that supply of the Course may be significantly delayed because of events outside Our control; or
7.2.4 you have a legal right to end the contract because of something We have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013) if you are a consumer. If you are a consumer you have a legal right to change your mind within 14 days of the contract being formed and receive a refund. However, once We have completed the Course you cannot change your mind, even if the period is still running. If you cancel after We have started the Course, you must pay Us for the services provided up until the time you tell Us that you have changed your mind.
7.4 Ending the contract where We are not at fault and there is no right to change your mind. Even if We are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay Us compensation. The contract is completed when the Course has been delivered and you have paid for it. If you want to end a contract before it is completed where We are not at fault and you have not changed your mind, just contact Us to let Us know. The contract will end immediately and We will refund any sums paid by you for products not provided but We may deduct from that:
7.4.1 50% of the price where the cancellation is made no less than 7 days prior to the date of the Course;
7.4.2 100% of the price where the cancellation is made less than 7 days prior to the date of the Course.
7.4.3 Please note that due to the specific nature of The NTACC and ATACC Courses, including other versions thereof, We may deduct 100% of the price where the cancellation is made less than 6 weeks prior to the start date of the Course. This reflects the difficulty healthcare professionals experience in arranging duty absence and our ability to fill canceled course places with less than 6 weeks notice.
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1 Tell Us you want to end the contract. To end the contract with Us, please let Us know by doing one of the following:
8.1.1 Phone or email. Call customer services on 03333 222 999 or email Us at firstname.lastname@example.org. Please provide your name, address, details of the Booking and, where available, your phone number and email address.
8.1.2 Online. Complete the form backup.ataccgroup.com/contact on Our website.
8.1.3 By post. Print off the form set out in Schedule 1 and post it to Us at the address on the form. Or simply write to Us at that address, including details of what you bought, when you ordered or received it and your name and address.
8.2 Deductions from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind We may deduct from any refund an amount for the supply of the services connected with the Course for the period for which it was supplied, ending with the time when you told Us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
8.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling Us you have changed your mind.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract at any time by writing to you or removing you from the Course at any time where We reasonably deem that you are:
9.1.1 in breach of any of the provisions of these Terms (and where the breach is remediable have failed to remedy that breach within the time period provided); or
9.1.2 causing a disruption to or impairing the delivery of the Course.
9.2 You must compensate Us if you break the contract. If We end the contract in the situations set out in clause 9.1 We will refund any money you have paid in advance for services in connection with the Course that We have not provided but We may deduct or charge you in accordance with the mechanism detailed in clause 7.4, as compensation for the net costs We will incur as a result of your breaking the contract (dependent on when that breach takes place).
9.3 We may postpone or withdraw the Course. We may write to you to let you know that We are going to postpone or withdraw the Course. We may exercise this right at Our absolute discretion but including but not limited to where events have occurred beyond Our reasonable control (whether that be due to force majeure, adverse weather conditions, failure of any of Our suppliers, agents or subcontractors) or We have an inadequate number of delegates booked to attend the Course. In the event of a:
9.3.1 postponement, We shall provide you with the option to:
184.108.40.206 attend the Course on an alternative date, where We are able to provide an alternative date within a reasonable time and without causing significant inconvenience; or
220.127.116.11 obtain a full refund, where We are unable to provide an alternative date within a reasonable time or without causing significant inconvenience; or
9.3.2 cancellation, We shall provide you with a full refund, and We shall have no further liability to you including for any costs or expenses incurred in connection with the Course. For the avoidance of doubt, We shall not provide you with a refund of the Admin Fee, where applicable.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell Us about problems. If you have any questions or complaints about the Course, please contact Us. We are under a legal duty to supply products that are in conformity with this contract and any statutory rights that you have if you are a consumer.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
11.1 We are responsible to you for foreseeable loss and damage caused by Us. If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breaking this contract or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable (including any indirect, special or consequential loss; loss of profits, goodwill and reputation, business, interruption, data, chance and opportunity). Loss or damage is foreseeable if it falls outside of the categories set out above and either it is obvious that it will happen or if, at the time the contract was made, both We and you knew it might happen, for example, if you discussed it with Us during the sales process.
11.2 We do not exclude or limit in any way Our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Course.
11.3 Cap on liability. Our maximum liability to you under this contract and howsoever arising, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall be limited to the price paid for the Course.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
How We may use your personal information. We will only use your personal information as set out in Our Privacy and Cookies Policy, which can be accessed via backup.ataccgroup.com/privacy-policy.
13. OTHER IMPORTANT TERMS
13.1 We may transfer this agreement to someone else. We may transfer Our rights and obligations under these Terms to another organisation.
13.2 You need Our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if We agree to this in writing, such agreement not to be unreasonably withheld or delayed.
13.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and Us. No other person shall have any rights to enforce any of its Terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if We delay in enforcing this contract, We can still enforce it later. If We do not insist immediately that you do anything you are required to do under these Terms, or if We delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent Us taking steps against you at a later date. For example, if you miss a payment and We do not chase you but We continue to provide the products, We can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you are a consumer and live in Scotland you can bring legal proceedings in respect of the contract in either the Scottish or the English courts. If you are a consumer and live in Northern Ireland you can bring legal proceedings in respect of the contract in either the Northern Irish or the English courts.