Terms and Conditions of Sale
Terms and Conditions of Sale
In these terms and conditions of sale:
1.1 “Client” means the person, firm or company to whom PATRA incorporating ACDA is providing access to the Training Programme, in accordance with these Terms.
1.2 “Seller” means the PATRA incorporating ACDA (a registered charity, charity number 518376), Lenton Business Centre, Lenton Boulevard, Nottingham, NG7 2BY.
1.3 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
1.4 “Terms” means the terms and conditions set out in this document and (unless the context requires otherwise) includes any special terms agreed in writing between the Client and the Seller.
1.5 “Course” means any of the Seller’s Training Programmes.
1.6 “Contract” means the contract between the Seller and the Client for the sale and purchase of the Course incorporating these Terms.
1.7 “Course Materials” means the printed course notes and binder sent to the Client as part of this Contract.
2.1 Nothing in these Terms shall affect the Client’s statutory rights as a Consumer.
2.2 These Terms shall apply to all contracts for the sale of the Course by the Seller to the Client and shall prevail over any other documentation or communication from the Client.
2.3 Any variation to these Terms (including any special terms and conditions agreed by the parties) shall be inapplicable unless agreed in writing by the Seller.
3.1 All orders for the Course shall be deemed to be an offer by the Client to purchase the Course pursuant to these Terms and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Course ordered by the Client is unavailable, the Client shall be notified and given the option either to wait until it becomes available or to cancel the order and receive a full refund within 30 days.
4 Price and payment
4.1 The price of the course shall be that stipulated on patraincacda.co.uk
4.2 The Course fees include all Course Materials and tuition, but does not include postal costs incurred by the Client, and the cost of telephone calls made to a tutor by the Client.
4.3 The total purchase price will be displayed in the Client’s shopping cart prior to confirming the order.
4.4 After the order is received the Seller shall confirm by email the details, description and price of the Course together with information on the right to cancel if the Client is a Consumer.
4.5 Payment of the price for the Course must be made in full before the Course is made available to the Client.
4.6 Where a Client has chosen to pay in instalments, payment will be processed offline by the Seller. The first payment must be made in full before the Course is made available to the Client. Should any of the subsequent payments not be made, the Client will be withdrawn from the Course immediately and no further Course Materials will be sent to the Client, or contact with the tutor be allowed by the Client.
5 Rights of the Seller
5.1 The Seller reserves the right to adjust the price of the Courses at any time prior to an enrolment being processed.
5.2 Should the Seller change the price of the course, the Client will have the opportunity to either cancel the enrollment or to proceed at the amended price.
5.3The Seller reserves the right to adjust the specification of the Course, or any aspect of the Course, at its discretion.
5.4 The Seller reserves the right to withdraw the Course at any time. Should the Seller withdraw the Course after the Client has purchased it, the Seller shall refund the Client an amount agreed between the Seller and the Client, based on the number of assignments that the Client has completed and have been marked by a tutor.
5.5 Save as provided for in the preceding paragraph, the Seller shall not be liable to anyone for withdrawing the Course or for refusing to process an order.
5.6 If the Seller discovers that the Client is not legally entitled to order the Course, the Seller shall be entitled to cancel the order immediately and without notice.
6.1 Except where the Client is dealing as a Consumer, all warranties, conditions or terms relating to the fitness for purpose, merchantability or condition of the Course, whether implied by Statute, common law or otherwise are excluded, and the Client is satisfied to the suitability of the Course for the Client’s purpose.
7.1 The Course Materials will normally be delivered to the Client within 14 working days of purchase, if supplied within the UK, or within 30 days of purchase, if supplied outside the UK.
7.2 The Seller shall use its reasonable endeavours to meet any agreed date for delivery. In any event, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Client or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.3 Delivery of the Course Materials shall be made to the Client’s address specified in the order and the Client shall make all arrangements necessary to take delivery of it whenever it is tendered for delivery. Title and risk in the Course Materials shall pass to the Client upon its delivery to the Client.
8 Cancellation and return
8.1 The Client shall inspect the Course Materials immediately upon receipt and shall notify the Seller in writing within 7 working days of delivery if it is damaged. If the Client fails to do so it shall be deemed to have accepted it.
8.2 Where a claim of defect in, or damage to the Course Materials is made, the Client shall return it to the Seller. The Client shall be entitled to a replacement of the materials sent, plus any return postal charges, provided that the item is in fact damaged or defective and such damage or defect occurred before the Course Materials were delivered to the Client.
8.3 The Client has the right, within 30 days of receiving the Course Materials (and before any assignments have been marked), to cancel the Course and receive a full refund.
8.4 In the event of cancellation of the Contract, the Course Materials must be returned by the Client to the Seller at the Client’s expense. The Client will receive a refund of all monies paid for the Course except for return postal charges. If the Client fails to return the Course Materials within 30 days of the cancellation of the Contract, the Seller shall be entitled to deduct the cost of recovering it from the Client.
8.5 Where a returned copy of the Course Materials is found to be damaged due to the Client’s fault, the Client will be liable for the cost of remedying such damage.
8.6 Where a Course Contract is cancelled once assignments have been marked by a Tutor, the Client shall not be entitled to a refund of any part of the price, except by written agreement with the Seller.
9 Conditions of Enrolment on any Distance Learning Training Course
9.1 The course must be completed within 12 months of the date of enrolment.
9.2 Should the Client not complete the Course within the stipulated time-frame, the study time can be extended by a further period of 12 months following payment of an extension fee.
9.3 After these periods it is deemed that the enrolment has lapsed and the Client will need to re-enrol and pay the full fees for the course, except where individually agreed with the Seller.
10 Indemnity and limitation of liability
10.1 Except as may be implied by law where the Client is dealing as a Consumer, in the event of any breach of these Terms by the Seller the remedies of the Client shall be limited to damages which shall in no circumstances exceed the price of the Course and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2 Nothing in these Terms shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
10.3 The Client agrees to indemnify and keep indemnified the Seller, their successors and assigns, and each of their respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from the Client’s use of or interpretation of the Course and from any material posted on the Course website, to its discussion groups or from any other matter relating to the Course, including but not limited to use of the information contained in the Course.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12 Force majeure
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms had been agreed with the invalid illegal or unenforceable provision eliminated.
14 Specific responsibilities of Client
The Client acknowledges and agrees that the Seller may be required by a law enforcement agency to monitor website content and traffic and if necessary give evidence of the same together with use of the logon ID to support or defend any dispute or actionable cause or matter which arises in relation to the same.
15 Copyright, Patents, TradeMarks and other intellectual property rights
All of the copyright in the Courses is the property of the Seller. Any unlawful copying, trading, pirating or unauthorised use of this courseware will be construed as a breach of copyright and may result in prosecution.
Notwithstanding any other provisions herein contained, and without prejudice to any other rights such party serving notice may have, the Seller may forthwith terminate the access to the course by written notice to the Client if the Client commits any breach of these Terms and fails to remedy such breach within 30 days of written notification by the Seller.
The headings in these Terms are inserted for convenience only and shall not affect the interpretation.
18 Third party rights
18.1 These Terms do not confer any rights on any person or party (other than the Seller and / or the Client) pursuant to the Contracts (Rights of Third Parties) Act 1999.
18.2 The Client may not assign or subcontract any rights or obligations under this contract to a third party unless the Seller agrees in writing.
19 Your data
The personal details you supply will be processed by the Seller.
The Seller will not use personal data you supply while purchasing the Course for marketing purposes unless you give your permission at the point of purchase.
20 Changes to Terms
The Seller shall be entitled to alter these Terms at any time, but this right shall not affect the existing Terms accepted by the Client upon making a purchase.
21 Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.