QUANTUM OF VALUE LIMITED
TERMS AND CONDITIONS FOR WORKSHOPS BOOKED VIA ONLINE BOOKING SYSTEM
www.quantumofvalue.com is operated by Quantum of Value Limited, a company registered in England and Wales under company number 07288889 and whose registered office is at Suites 3 & 4, North Portal, Port of Liverpool Building, Pier Head, Liverpool L3 1BY. Our VAT number is GB104578716
“Contract” the contract between you and us for the provision of the Courses;
“Courses”: training courses listed on our Website;
“Fee”: the fee payable for the Course and/or Study Materials and shall exclude any VAT payable;
“Study Materials”: includes, but is not limited to, course companions, handouts, presentation slides;
“Terms”: these Terms and Conditions;
“We”, “Us”: Quantum of Value Limited;
“written”: shall include email; and
“you”: the individual purchasing the Course.
2. Ordering Procedure
2.1. Our shopping pages will guide you through the steps you need to take to place an order with us. When you select the Course that you would like to book a place or places on you will need to select the date(s) on which you wish to attend from the available dates listed.
2.2When purchasing a Course via our Website you can change your order at any time up to the point at which you click the “Pay Now” button by using the “Edit” option to amend the details submitted and/or by using the “Remove” option to remove an item from your basket.
2.3Any items in your basket will be automatically deleted 60 minutes after being placed into the basket.
2.4After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Your order will be subject to acceptance by us in accordance with clause 2.5.
2.5A legally binding agreement shall not come into existence until we have accepted your offer to purchase a Course by:
2.5.1sending you an order acceptance confirmation e-mail which will be effective upon sending to you at the email address you have provided; and
2.5.2receiving payment for the Course in cleared funds from yourself or if applicable your employer.
2.6. Where your order consists of multiple Courses, each individual Course will be treated by us as a separate offer to purchase. Acceptance of your offer to purchase one or more of the Courses will not be an acceptance by us of your offer to purchase any other Courses which make up your order.
2.7. We reserve the right to withdraw at any time Courses advertised on the Website.
3. Payment Terms
3.1. The Fee for the Courses will be displayed on the Website. Fees are quoted in pounds sterling, exclusive of VAT.
3.2. When purchasing a Course on the Website the Fee will be shown prior to completion of the online transaction.
4. Cancellation Rights
This clause 4 only applies if you are a consumer.
4.1. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations”) you may cancel your purchase of the Course within a period of 14 calendar days (“Cancellation Period”) from the date on which the contract is concluded.
4.2 You must inform us of your decision to cancel by using one of the following methods within the Cancellation Period:
4.2.1 Emailing email@example.com ; or
4.2.2 Sending us a completed cancellation form, a template of which is attached to these Terms;
4.3 On cancellation you will be entitled to a full refund of the Fees.
4.4 You hereby acknowledge that in the event that you attend any Course within the Cancellation Period then the contract will be fully performed and your right of withdrawal will be lost.
4.5 For further details of your rights under the Consumer Contracts Regulations you can visit your local Citizens’ Advice Bureau or visit the Competition and Markets Authority website.
4.6 Refunds will be made using the same method of payment as you used to purchase the Course and will be paid within 14 days of you informing us of the cancellation.
4.7Your order of a Course is personal to you and you will not be permitted to transfer your enrollment on a Course to any other person.
4.8 We reserve the right to use our discretion to determine whether to make refunds and/or deferrals in exceptional circumstances which fall outside Clause 4.
5. Force Majeure and Cancellation
5.1. We reserve the right to cancel the Course without liability by providing you with written notice at any time up to 14 days prior to the Course delivery date.
5.2We will only cancel the Course 13 days or less before the Course delivery due to an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, illness or default of suppliers or subcontractors.
6. Course Content and Access Terms
6.1. Please see the description of the Course on the Website for details of the contents of the available Courses.
6.2. Except as set out in the description of the Course on the Website no additional Study Materials and/or tuition (either online, face to face or classroom) will be provided by us.
6.3. Where hard copy Study Materials accompany the Course, these Study Materials will be made available to you at the relevant premises where the Course is to take place and at the relevant time.
6.4You acknowledge that we operate a zero tolerance policy in relation to inappropriate behaviour of those persons attending the Course. In particular abusive or violent behaviour directed at our staff or other Course attendees. We may at our reasonable discretion and without liability or an obligation to refund Fees, refuse to supply any Course to any person and may refuse to admit to, and may remove from the premises, any person whose participation in any Course would, in our reasonable opinion, be undesirable or whose behaviour we consider is or may be in breach of these Terms.
6.5You must comply with all health and safety rules and regulations and any other reasonable security requirements that apply at the premises at which Courses are provided.
6.6 We shall provide such presenters to present the Courses as we, in our sole discretion, deem fit and we shall be entitled at any time to substitute any presenter with any other person who, in our sole discretion, we deem suitably qualified to present the relevant Course.
6.7 You must sign an attendance register for each Course as required by the presenter.
6.8 Your personal possessions are your sole responsibility and we accept no responsibility and/or liability for anything that is lost or stolen from the Course venues. You are advised during a Course to keep your valuables with you at all times.
6.9We will endeavor to make any adjustments that we deem reasonable for persons attending our Courses with a disability to enable them to attend and participate in our Courses, this is subject to the following provisions:
6.9.1 that the Course attendee provides us with advance notification of their disability within 7 working days of the Course date; and
6.9.2 we do not, at our sole discretion, consider that making such adjustment would be unreasonable, impractical, or prohibitively expensive.
6.10 Should we decide pursuant to clause 6.9 that we are unable to provide any suitable adjustments we shall notify the individual immediately and arrange for a refund to be made in accordance with clause 4.8.
6.11 We cannot provide any of our Courses and any accompanying Study Material in any language other than English and we cannot produce any Study Material in braille.
7.1. We will provide the Study Materials in accordance with the Course description which is set out on the Website (please see Clause 6.1).
7.2. We expect you to take reasonable care to verify that the Course and Study Materials in question will meet your needs. We do not make any commitment to you that you will obtain any particular result from your use of the Study Materials or that you will obtain any particular qualification on completion of the Course.
7.3. We do not make any representation, guarantee or commitment to you that the Study Materials will be error free.
7.4. All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.
8. Limitation of liability
8.1. The exclusions and limitations of liability contained in these Terms do not apply to a party’s liability: (i) for fraud or willful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.
8.2. Except as set out in these Terms, we shall not be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
8.2.1. indirect or consequential losses;
8.2.2. loss of income or revenue;
8.2.3. loss of business;
8.2.4. loss of anticipated savings; or
8.2.5. loss or corruption of data.
8.4. Save as otherwise set out in this section “Limitation of liability”, our maximum aggregate liability to you for any claims that you may have against us for direct loss in contract, tort or otherwise arising out of or in connection with these Terms, the Course and the Study Materials shall be limited to the amount of the Fee which has been paid, or is payable, by you or on your behalf.
8.5. We will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
8.6.Each provision in this Clause 8 shall be construed separately as between you and us. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.
The Courses are for training purposes only. We will not accept any responsibility to any party for the use of the tuition provided and/or the contents of the Study Materials for any purpose other than training for educational purposes, including but not limited to the giving of advice by you to any third party.
10. Intellectual property
10.1. At all times we remain the owner of the intellectual property in the Courses and/or the Study Materials. No Course and/or Study Materials, nor any part thereof may be reproduced, stored in a retrieval system or transmitted any form or by any means without our prior written permission.
10.3. Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the Study Materials.
10.4 Use of the Study Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either our copyright or our other intellectual property rights.
11. Data protection
12.1. We may update or amend these Terms from time to time to comply with changes in the law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
12.2. These Terms constitute the entire agreement and understanding between us and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of these Terms.
12.3. You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing.
12.4. We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.
12.5. No relaxation or delay by us in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy.
12.6. If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.
12.7. Any notices required to be served on you by us under these Terms will be deemed properly served if sent via prepaid postage to the postal address, or emailed to the email address, notified by you to us, at our discretion. Any notices required to be served on us by you will be deemed properly served if sent to the address as at the start of these Terms.
12.8. A notice sent by post is deemed to be given on the second day after it was posted as. A notice sent by email is deemed to be given on the day it was sent.
12.10The Contract between you and us which is comprised in these Terms is not intended to be for the benefit of any third party, and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.
12.11. These Terms, and any other matters arising out of or in relation to these Terms, are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise out of or in connection with these Terms.