TERMS & CONDITIONS
Please read our Terms and Conditions.
You should understand that by purchasing or enrolling on our courses you agree to be bound by these Terms & Conditions.
PLEASE NOTE
The information on the enrolment form and copies of your professional certificates (where indicated) are required in order for us to register you with our awarding body and, for online courses, to set up your account on the e-learning portal.
Any delay in completing this form could result in a delay in the supply of your training resources.
SALLY DURANT - COURSE PURCHASE / ENROLMENT - Terms and Conditions
These Terms & Conditions (together with the documents referred to in them) sets out the terms and conditions on which we sell the courses listed on our website at www.sallydurant.com (our site) to you. Please read these Terms & Conditions carefully before purchasing our courses. You should understand that by purchasing or enrolling on our courses you agree to be bound by these Terms & Conditions.
You should print a copy of these Terms & Conditions for your records.
If you have any queries or need any further information, please consult the other pages of our site or call us on 01527 919880.
Information about us
www.sallydurant.com is a site operated by Sally Durant trading as Sally Durant Training & Consultancy (we and our) of Unit 1, Hagley Hall Mews, Hall Drive, Hagley West Midlands DY9 9LG
Courses and Seminars
For the purpose of these Terms & Conditions, our courses and seminars shall be separately defined as follows:
“On-line Courses / E-learning Courses” shall mean those courses and/or seminars as listed on our site where training is to be provided only through on-line/written literature (without any practical workshop(s));
“Combined Courses” shall mean those courses as listed on our site where training is to be provided through both online/written literature and practical workshop(s); and
“Practical Courses” shall mean those courses as listed on our site where training is provided by way of a practical workshop(s) and/or seminars only
“Courses” shall mean On-line Courses, Combined Courses and Practical Courses
Once we have provided you with an Order Confirmation (see condition 4 below), in respect of:
On-Line Courses, we will provide you with a delegate pack (in either hard and/or electronic form) with access and log-in details within 14 days of the date of the Order Confirmation;
Combined Courses, we will provide you with a delegate pack (in either hard and/or electronic form) with access and log-in details within 14 days of the date of the Order Confirmation and will, within a reasonable time, provide you with proposed times, dates and locations of our practical workshops; and
Practical Courses, we will, within a reasonable time, provide you with proposed times, dates and locations of our practical workshops/seminars.
With regard to our Combined Courses and Practical Courses, we cannot guarantee that you will be able to attend a practical workshop and/or seminar on the times and/or dates and/or at the locations that you require. Places on each workshop are subject to the availability of places. Once you have received an Order Confirmation and the list of proposed workshop/seminar times, dates and locations, you will have to contact us to request a place on a specific workshop and/or seminar. You will only be booked on the specific workshop/seminar once you receive written confirmation from us to confirm the same. For the avoidance of doubt, if you attempt to attend a workshop and/or seminar for which you have not booked a place, you may (at our absolute discretion) be refused access.
For the avoidance of doubt, all intellectual property rights (including, without limitation, copyright) in all of the literature, materials, content provided to you in respect of the Courses (whether on-line of off-line) (“Materials”) is owned and shall remain owned by us. You shall only have a limited non-exclusive licence to use such Materials for all proper purposes in connection with your personal learning under the Course during the term of the Contract and therefore, without limitation, you shall not be entitled to take copies of, distribute, sell, loan, licence, charge or otherwise deal and/or share and/or release possession of the Materials.
You agree to abide by and comply with any and all rules, regulations, policies and procedures set by us (and notified to you) from time to time in respect of the Courses
Without prejudice to the provisions of condition 2.5 above, we shall be under no obligation to provide you with any form of certificate, qualification and/or other evidence of successful completion of any Course unless and until such time as we, in our absolute discretion, are satisfied and conclude that you deserve to be awarded with the same.
If you fail to make any payments due to us under the Contract and/or if you fail to comply with any of these Terms & Conditions and/or if you breach any warranty provided in respect of condition 2.8 below, we may at any time and without any liability to you by written notice terminate the Contract (without prejudice to any claims that we may have against you for any antecedent breaches of contract). Following any termination of the Contract, your access (if any) to online facilities will be terminated and you shall be obliged to immediately return any and all Materials to us.
You will need to have certain qualifications in order to take a place on some of our Courses (the identity of such Courses and the minimum qualifications that you are required to hold to book a place on such Courses is set out on our site) (“Qualified Courses”). By placing an order for a Qualified Course with us, you hereby warrant and undertake that you hold (and will continue to hold for the duration of the Qualified Course) the minimum qualifications required for that Qualified Course as set out on our site.
If you book a place on a Qualified Course, you shall be required to deliver sufficient (in our absolute opinion) written evidence to us to prove that you hold the required minimum qualifications (“Evidence”) within 7 days of the date of our Order Confirmation. Notwithstanding the issue of any Order Confirmation by us, we shall not be under any obligation to provide you with any Materials and/or login details and/or to perform any other obligations under the Contract unless and until you provide such Evidence. If you fail to provide such Evidence within 7 days of the date of our Order Confirmation, we shall at any time and without liability to you be entitled to terminate the Contract without notice and provide you with a full refund.
Your status
By placing an order through our site, you warrant that:
You are legally capable of entering into binding contracts; and
You are at least 18 years old.
How the contract is formed between you and us
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a place on one or more of our Courses. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that we have accepted your order (the Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
The Contract will relate only to those Courses ordered which we have confirmed in the Order Confirmation. We will not be obliged to secure, offer or guarantee a place on any Course which may have been part of your order until the confirmation of such has been confirmed by us in a separate Order Confirmation.
Our status
Please note that in some cases, we accept orders as agents on behalf of third parties. The resulting legal contract is between you and that third party, and is subject to the terms and conditions of that third party, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
We may also provide links on our site to the websites of other persons or corporate entities, whether affiliated with us or not. We cannot give any undertaking, that any products or services you purchase or order from third parties directly or indirectly through our site, or from persons or corporate entities to whose website we have provided a link on our site, will be of satisfactory quality or undertaken with reasonable care and skill and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party.
Consumer rights
If you are contracting as a consumer online and are resident in the UK, you may, subject to the provisions of clause 6.4 below, cancel a Contract at any time within seven working days, beginning on the day after you received the Order Confirmation. If you exercise this right (see clause 6.2 below), you will receive a full refund of the price paid for the order in accordance with our refunds policy (set out in clause 9 below) provided that you first return any and all Materials that we have sent to you in their original state.
To cancel a Contract pursuant to the provisions of clause 6.1 above, you must inform us in writing by email to (enquiries@sallydurant.com ) or to the address above.
Details of this statutory right, and an explanation of how to exercise it, will be provided on your written request.
Please note that if you login and access our on-line facilities after receiving an Order Confirmation but before the end of the seven day period referred to at clause 6.1, you will be deemed to have requested us to start providing the relevant Course to you and you will no longer have the right to cancel the Contract referred to at clause 6.1.
Cancellation of Course and/or Practical Workshops
We reserve the right to cancel a Course and/or a specific practical workshop/seminar in respect of any Course if there is insufficient response and places have not been filled or if there is a Force Majeure Event (see clause 14 below). In the event that we cancel a Course, we will endeavour to give you as much notice as possible and in any event a minimum of 7 days notice (save as to when the cancellation is due to a Force Majeure Event). In this case, you will (in the case of the cancellation of a Course) receive a full refund of the price paid for the order in accordance with our refunds policy (set out in clause 9 below) (save as to when the cancellation is as a result of a Force Majeure Event and we have re-arranged the Course for a date and location suitable to both us and you) or (in the case of a cancellation of a specific practical workshop and/or seminar), we will provide you with alternative dates for a re-arranged workshop/seminar (for the avoidance of doubt, if a practical workshop/seminar is cancelled we shall have no liability to you and you shall not be entitled to receive any form of refund and/or compensation).
Price and payment
The price of any Course will be as quoted on our Price List, except in cases of obvious error.
These prices include VAT (except where stated, in which case VAT will be added to the total amount due)
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation
At any time our site may offer places on a large number of Courses and it is always possible that some of the places on Courses listed on our site may be incorrectly priced. We will normally verify prices as part of our order confirmation procedures so that, where a Course’s correct price is less than our stated price, we will charge the lower amount when confirming the order. If a Course's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before confirming your order or reject your order and notify you of such rejection.
We are under no obligation to provide a Course place to you at the incorrect (lower) price, even after we have sent you an Order Confirmation if the pricing error is obvious and could have reasonably been recognised by you as a mis-pricing.
Payment for all Course places must be made by credit or debit card on or before the Contract. We will not charge your credit or debit card until we confirm your order.
Our refunds policy
When a Course is cancelled: (where applicable) by you because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Course place in full provided that you first return any and all Materials that we have sent to you;
By us because we have cancelled a Course (see clause 7.1 above) or we have terminated the Contract in accordance with clause 2.9 we will process the refund due to you as soon as possible and, in any case, within 30 days of the day of our cancellation of the Course.
for any other reason, we are not obliged to refund the amount paid and no refund shall be due to you.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Our liability
We warrant to you that any Course on which a place has been purchased from us through our site shall be delivered with reasonable care and skill.
Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches shall be strictly limited to the price of each Course place you purchased.
This does not include or limit in any way our liability:
For death or personal injury caused by our negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
loss of income or revenue
loss of business
loss of profits or contracts
loss of anticipated savings
loss of data
waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause 10.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 10.4.
Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
You acknowledge that all dates for the delivery of Materials and/or delegate packs by us to you shall be estimates only (and time shall not be of essence).
Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail 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.
Notices
All notices given by you to us must be given to us at the address above or to enquiries@sallydurant.com. We may give notice to you at either the e-mail or postal 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 e-mail is sent, or three days after the date of posting of any letter in the UK, or fourteen days after posting of any letter by airmail. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
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.
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.
Events outside our control
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).
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:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and any Seminar shall be re-arranged to an alternative date or location suitable to us and you or cancelled at our discretion. 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.
Waiver
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 & 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.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms & Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with this clause.
Severability
If any of these Terms & 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.
Entire agreement
These Terms & 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.
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 on our site or anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms & Conditions.
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 & Conditions.
Our right to vary these terms and conditions
We have the right to revise and amend these Terms & Conditions from time to time.
Subject to clause 2.5, you will be subject to the policies and Terms & Conditions in force at the time that you order from us, unless any change to those policies or these Terms & Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms & Conditions before we send you the Order Confirmation (in which case you will be deemed to have accepted the change to the Terms & Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Order Confirmation).
Your Information
You confirm that you agree to us processing your information in accordance with the provisions of our Privacy Policy (which can be viewed at our site).
Law and jurisdiction
Contracts concluded 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 exclusive jurisdiction of the courts of England and Wales.