The use of this website is subject to the following terms of use:
1.1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
1.2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
1.3. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
1.4. By accessing the website you can view prices, products and/or services and submit orders electronically. You are responsible for using the website in a private and secure manner. We will not be liable for any damage or loss caused from unauthorised account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse products and/or services, registration or cancel an account at any time.
1.5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
1.6. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
1.7. Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
1.8. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
1.9. You may not create a link to this website from another website or document without ET&C’s prior written consent.
1.10. There may also be times when the website or certain features or parts of the website become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of the website or any service available on or through the website.
1.11. We reserve the right to vary or amend these Terms from time to time without prior notice. Any changes will take effect upon posting to the website. If you do not agree to any change to these Terms, you must immediately stop using the website.
1.12. It is our policy to virus check documents and files before they are posted on the website. However, we cannot guarantee that documents or files downloaded from the website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any such virus. Accordingly, for your own protection, you must use virus-checking software when using the website. You must not post, or otherwise provide to us via the website, any document or file which you believe may contain a virus.
1.13. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
2. Your Warranties
2.1. You will only use the Website in accordance with these Terms and only for lawful purposes and in a lawful manner;
2.2. All emails, comments, discussion posts, blogs, news postings, information, documents, files or any other material that you intend to post to the website or provide to us via the website (Contributions) do not contravene any applicable local, national or international laws or regulations or contravene any person’s legal rights, is not offensive or defamatory, is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to that information, document or file;
2.3. You will not transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) via the website;
2.4. You will not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; and
2.5. You will not collect information about users, including email addresses, without their prior written consent.
3. Contributions
3.1. You are solely responsible for your Contributions and you shall ensure that your Contributions do not:
3.1.1. contain any material which is defamatory of any person;
3.1.2. contain any material which is obscene, offensive, hateful or inflammatory;
3.1.3. promote sexually explicit material;
3.1.4. promote violence;
3.1.5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
3.1.6. infringe any copyright, database right or trade mark of any other person;
3.1.7. be likely to deceive any person;
3.1.8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
3.1.9. promote any illegal activity;
3.1.10. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
3.1.11. be likely to harass, upset, embarrass, alarm or annoy any other person;
3.1.12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
3.1.13. give the impression that they emanate from us, if this is not the case; or
3.1.14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
3.2. You retain the ownership rights in your Contributions and grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, trademarks, database rights and intellectual property rights you have in the Contributions, in any media known now or in the future. In addition, you waive all moral rights you have in the Contributions to the fullest extent permitted by law. You represent and warrant that you are entitled to grant such a license to us.
3.3. You agree to indemnify us for any cost, expenses, damages or liabilities we incur due to your use of the website or otherwise relating to any of your Contributions. We reserve the right to remove or edit any Contributions as we see fit, without warning and without being required to provide reasons, and/or to make such information available to regulatory bodies or law enforcement authorities. Our decision on this shall be final. Further, we reserve the right to suspend or terminate, or bar an individual’s access to, all or part of the Website, should there be evidence that any of these Terms have been infringed.
3.4. We shall not be liable to you for any loss you may incur as a result of us taking any of the actions described in clause 3.3, nor for the actions or inactions of other users, including anything contained in your or any third party’s Contributions.
4. Payment and creation of contract
4.1. All payments made by you through the website are subject to the terms and conditions in the following clauses.
4.2. We must receive payment of the whole price for the products and services you wish to receive before your order can be accepted.
4.3. Payment for all products and services purchased shall be made in advance and in UK pounds sterling (or such other currency as agreed between you and ET&C) by credit or debit card, or alternative payment method as agreed.
4.4. You must provide ET&C with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase ET&C products and services using those payment details.
4.5. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to the products and/or services and may in suspicious circumstances contact the issuing bank and/or law enforcement authorities/other appropriate third parties.
4.6. You may place an order to purchase products and/or services on the website by following the onscreen prompts after clicking on the item in which you are interested. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the “Finish, Send or Confirm” button on the last page.
4.7. Once we receive your payment we will confirm our acceptance of your order by sending an email to the email address you provide in your order form (Acceptance Notice). Our email to you shall include the details and price currently available for the product and/or services in question. If these details and/or price differ from those shown on the website at the time you submitted your order and you wish to cancel your order and (payment) you may do so in accordance with clause 6 below.
4.8. If the details and price in our Acceptance Notice correspond to those shown on the website at the time at which you submitted your order, then a legally binding contract between us (Contract) will arise upon your receipt of the Acceptance Notice.
4.9. If the details and price in our Acceptance Notice do not correspond to those shown on the website at the time at which you submitted your order, you must tell us if you do not wish to proceed with your order. A Contract will arise between us if we have not received any notice to cancel your order within 7 days of our Acceptance Notice, in accordance with clause 5 below.
4.10. The price payable for the products and/or services that you order is as set out on the website, as the same may be amended from time to time.
4.11. Any offers, promotions and discounts contained on the website shall also be governed by the particular terms and conditions for that offer, promotion or discount. ET&C reserves the right to vary, amend or remove offers, promotions and discounts at any time without prior notice. Offers, promotions and discounts cannot be used in conjunction with any other offers, promotions or discounts.
5. Your right of cancellation
5.1. Subject to clause 5.3 below, you may cancel your order at any time within 7 working days following:
5.1.1. your receipt of the Acceptance Notice in accordance with clauses 4.7 and 4.8; or (if later)
5.1.2. legally binding contract being made between us.
If you wish to cancel your order, please inform us in writing of your intention to cancel within this time frame (email Customer Service, please ensure that ‘Order Cancellation’ is in the subject line).
5.2. Once we have been notified by you in accordance with clause 5.1, the sum debited by us from your debit or credit card, or other payment method, for the order in question will be re-credited to your account as soon as possible and in any event within 30 days of your order being cancelled provided that, where any materials have been received by you in accordance with the relevant order, you have returned them and they have been received by us, or our agent, in the same condition as when they were provided to you.
5.3. You agree that in so far as the products and/or services ordered comprise events and training we will commence performance upon the training/ event cut-off date. You may not cancel your order after the relevant training/event cut-off date. This means that you will have fewer than 7 days to cancel the order in circumstances in which you make your order within 7 days of the training/event cut-off date.
5.4. ET&C does not accept cancellation and/or refund requests for specific products and/or services as follows:
5.4.1. ET&C client enrolment, examinations entry/registration become effective instantaneously as soon as a client has paid, and as such, ET&C does not refund once a client is enrolled.
5.4.2. Examination and membership fees are non-refundable once a client’s account is activated.
5.4.3. Because of the upfront investment in training materials and administrative details, open courses, products and/or service fees are non-refundable and cancellations are not permitted.
5.5. Contract cancellation under the Distance Selling Regulations:
5.5.1. You are entitled to cancel your contract provided that you exercise your right and notify us no longer than 7 working days after the day on which you receive the products.
5.5.2. If you wish to exercise your right to cancel after your order has already been despatched, we will refund the original purchase price minus delivery charge, provided that you have notified us in writing (email Customer Service, please ensure ‘Order Cancellation – Dispatched Products’ is in the subject line) no longer than 7 working days after the day on which you receive the Products, and that you have taken reasonable care of the Products and not used them. Please follow the procedure set out in our Returns procedure.
5.5.3. Please note that your right to return Products does NOT apply to Products which fall into the following categories unless they are faulty or not as described:
5.5.3.1. Made to measure or personalised goods
5.5.3.2. Unsealed CDs, DVDs, tapes or other recording media, software or videos
6. Limitation of liability
6.1. We shall not be liable to you for any communication sent by email which is either received late or not received at all.
6.2. We shall not be liable to you for any loss arising out of the inaccuracy or incompleteness of information, including any of your or any third party’s Contributions, contained on the website or in the Services.
6.3. The websites and/or Services are provided to you on an “as is” and “as available” basis without any warranty being given in relation to the website or Services including (but not limited to) implied warranties of non-infringement, compatibility, security, accuracy, fitness for purpose, that any information is up to date or correct, or any implied warranty arising from course of dealing or usage or trade.
6.4. Whilst we will endeavour to maintain the availability of the website, we make no warranty that the website will meet your requirements or will be uninterrupted, timely, or error-free; that defects will be corrected or that the site or the server(s) that makes it available are free of viruses or bugs. If you are aware of any such error on the website please contact us by email at Customer Service and we will endeavour to correct it.
6.5. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the website.
6.6. We shall not be liable for any special, indirect or consequential damages (including loss of business, profits, anticipated savings, opportunity, reputation or goodwill), however caused.
6.7. Our aggregate liability to you in any 12 month period, whether arising from negligence, breach of contract or otherwise, shall not exceed the amount paid by you for the Services in the 12 months prior to the liability arising.
6.8. Nothing in these Terms shall exclude or limit liability for death or personal injury resulting from our negligence or that of our agents or employees.
7. Entire agreement clause
7.1. These Terms, together with any Contract and the documents referred to in them contain the whole agreement (Agreement) between the parties and supersedes any previous agreements between the parties relating to the subject matter of the Agreement.
7.2. Each party acknowledges that in agreeing to enter into the Agreement it has not relied on any representation, warranty or other assurance except those set out in the Agreement.
7.3. Each party waives all rights and remedies which, but for this clause 11, might otherwise be available to it in respect of any such representation, warranty or other assurance.
8. Force majeure
8.1. Neither party shall be liable to the other for any delay or non-performance of its obligations under the Agreement arising from any cause or causes beyond its reasonable control including, without limitation, any of the following:
8.1.1. act of God, governmental act, war, fire, flood, explosion, civil commotion, armed hostilities, act of terrorism, revolution;
8.1.2. blockade, embargo, strike, lock-out, sit-in, industrial or trade dispute to the extent to which those things do not involve employees of the party claiming relief,
8.1.3. adverse weather or disease;
8.1.4. act or intervention of a competent judicial or regulatory authority;
8.1.5. any event (including, without limitation, any act or omission of any third party) beyond its reasonable control which could not reasonably be planned for or avoided. Subject to the party so delaying promptly notifying the other party in writing of the reason for the delay and the likely duration of the delay, the performance of the delaying party’s obligations, to the extent affected by the delay, shall be suspended during the period that the cause persists.
9. General
9.1. You agree to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers harmless immediately on demand, from and against all liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of the Agreement by you or other liabilities arising out of your use of the website and/or Services.
9.2. You may access the website and use the Services from anywhere in the world; however, the Agreement, including without limitation clause 16.9 of these Terms, shall apply regardless of how and from where you access the website or place orders for the Services.
9.3. You must be legally capable of entering into a binding contract to use the Website and/or the Services offered by us.
9.4. If any part of the Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
9.4.1. the legality, validity or enforceability in that jurisdiction of any other part of the Agreement; or
9.4.2. the legality, validity or enforceability in other jurisdictions of that or any other part of the Agreement.
9.5. A person who is not a party to the Agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
9.6. The rights of each party under the Agreement:
9.6.1. may be exercised as often as necessary;
9.6.2. are cumulative and not exclusive of rights or remedies provided by law; and
9.6.3. may be waived only in writing and specifically.
9.6.4. Delay in exercising or non-exercise of any such right is not a waiver of that right.
9.7. Nothing in the Agreement shall be deemed to constitute a partnership between us and you, nor constitute either party the agent of the other party for any purpose.
9.8. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.
9.9. You and we agree that the Agreement shall be governed by the laws of England and Wales. Any dispute arising between you and us in relation to the Websites and/or Services shall be governed by the laws of England and Wales and you submit to the exclusive jurisdiction of the Courts of England and Wales for the purposes of any such dispute.
10. Contact
For any queries regarding our service, please email Customer Service.
Our company details are:
Endeavour Training & Consultancy Limited
C/o Westwaters
Oakmere
Belmont Business Park
Durham
Co. Durham
United Kingdom
DH1 1TW
Company no. 08603141
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