Terms and Conditions
Westminster CPD Limited
Terms and Conditions of Sale
2.1 "Company" means Westminster CPD Limited, Conference Room, 27 Wimpole Street, London W1G 8GN, London.
2.2 "Access Period" means a period of 12 months from the date the subscriber has paid and received Order and Account confirmation allowing the subscriber to access Online Course(s) on the Website.
2.3 "Online Course" means the online course and course materials available for purchase on the Website. Course materials include, but are not limited to, (i) "virtual materials" such as online videos, online tests and other materials which may be accessed and viewed on the Website and/or downloaded from the Website; and (ii) "physical materials," such as CDs and books relating to the Online Courses which are delivered by post or non-virtual means of delivery.
2.4 "Terms" means these terms and conditions of sale.
2.5 "Website" means www.westminstercpdtraining.org.
3. Course Previews
Before purchasing an Online Course, you are strongly advised to view a free course preview video available for each Online Course on the Website. Most course previews are available in most universally spoken languages. Course previews represent a synopsis of the Online Course or a particular part of an Online Course delivered by the lecturer of the Online Course or a particular part of the Online Course, and should be viewed in conjunction with a syllabus of an Online Course available on the Website.
4. Placing an Order and Payment
4.1 By placing an order for Online Courses through our Website, you warrant that you are: (a) legally capable of entering into binding contracts; and (b) at least 18 years old.
4.2 When purchasing an Online Course on the Website, you can change your order at any time up to submitting your credit or debit card details by using the "back" button on the Website.
4.3 Your placing of an order for an Online Course constitutes your offer to purchase that Online Course on these Terms and all orders are subject to acceptance by the Company.
4.4 The course fee for any Online Course at any given time will be displayed on the Website and will be quoted in pounds sterling inclusive of VAT.
4.5 When placing an order for an Online course:
4.5.1 If you select the "pay by credit or debit card" option, the Company will debit the course fee(s) from your credit or debit card . Your card details are collected over a secure link and the Company will not retain your credit card or other payment details following confirmed receipt of your payment;
4.5.2 If you select the "pay by cheque" option, you should send the cheque to the Company following the instructions on the Website.
4.6 After placing an order and once the payment has been received by the Company in cleared funds, you will receive an Order and Account Confirmation by email and this will constitute an acceptance of your offer to purchase an Online Course.
4.7 A legally binding agreement shall not come into existence until the Company has accepted your offer to purchase an Online Course by sending you the Order and Account Confirmation by email.
4.8 You agree that the provision of services by the Company will begin immediately upon formation of a legally binding agreement, as per Clause 3.7.
4.9 The Company reserves the right to withdraw at any time Online Courses advertised for sale on the Website and/or brochure(s).
4.10 The Company reserves the right from time to time to change the amount of any course fee.
5. Registration, Password and Security
5.1 When you register for any Online Courses on the Website, you must ensure that the details provided by you on registration or at any time are correct and complete. It is your responsibility to inform us immediately of any changes to the information that you have provided.
5.2 After placing your order on the Website, you will be asked to create a username and password. You must keep this password confidential and must not disclose or share it with anyone. If you know or suspect that someone else knows your password you should notify us by emailing firstname.lastname@example.org.
5.3 When the Company receives the payment for an Online Course in cleared funds, you will be sent Order and Account Confirmation by email. You will have to activate your account by following the instruction in this email in order to access the Online Course on the Website.
5.4 If we have reason to believe there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account.
6. Online Access and Delivery
6.1 You will receive an email Order and Account Confirmation, which will enable you to access an Online Course purchased for the Access Period and which constitutes delivery for the purposes of this contract.
6.2 We aim to fulfil your order by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then with a reasonable time of the date of Order Confirmation, unless there are exceptional circumstances.
6.3 Any course materials will be at your risk from the time of delivery. Ownership of the course materials will only pass to you when we receive full payment of all sums due in respect of the Online Courses including delivery charges, if any.
6.4 The receipt of an Online Course is personal to you and you do not have a right to transfer your right to access the Online Course or provide an Online Course to any other person.
7. Course Materials
7.1 It is your responsibility to inspect the Online Course as soon as you have received or have access to them and to inform us about any defects.
7.2 We do not make any commitment to you that the content of the Online Courses will meet any specific requirements that you have and we expect you to take reasonable care to verify the course in question will meet your needs prior to purchase. We do not make any commitment to you that you will obtain any particular qualification from your receipt of the Online Courses.
8. Cancellation and Refunds Policy
8.1 If you are contracting as a consumer and subject to Clause 7.4, you may cancel your purchase of an Online Course at any time within seven working days, beginning on the day after which a contract is concluded with you as notified by Order and Account Confirmation sent to you by email in accordance with these Terms.
8.2 You can cancel your order pursuant to Clause 7.1 by email, post, telephone or fax using the contact details that are set out at the end of these Terms.
8.3 If you cancel your order pursuant to Clause 7.1, we will usually refund any money received from you using the same method as used by you to pay for your purchase of an Online Course.
8.4 Please note that you cannot cancel your purchase of Online course, subject to Clause 7.3, if you have activated your account by following the instructions in the Order and Account Confirmation sent to you by email, such activation allowing you to access and view Online Courses.
8.5 The Company will only refund your purchase of an Online Course if the course materials are faulty.
9. Technical Support and System Requirements
9.1 Before purchasing an Online Course, you are strongly advised to access a free course preview video available on the Website in order to ensure that the computer you are using to access the Online Courses is able to support the technology that the Company uses.
9.2 In case you purchase an Online Course without accessing a free course preview video to assure yourself that your computer is able to adequately access the Online Course, you acknowledge and agree that the Company cannot be held responsible for any technical problems after you have purchased an Online Course.
9.3 The Company shall not provide any technical support in relation to your use of any of the free demonstrations available on the Website, but the Company at its sole discretion may provide technical support.
9.4 The Company will provide technical and content support to individuals who have purchased an Online Course in respect of that Online Course purchased.
9.5 If you report a fault to the Company, the Company will use reasonable skill and care in providing technical support and shall take steps to seek that this service is available but cannot guarantee uninterrupted availability. The Company hereby disclaims that the technical support provided will resolve any or all your technical problems. Should you decide to use any technical advice provided by the Company, then you should follow such advice strictly.
9.6 You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure relating to this Website and that technical support may not be available during such downtime periods. You accept that you have no claim for breach of contract or otherwise in respect of such period of unavailability.
9.7 You accept and acknowledge that the Company cannot be held responsible for any delays or disruptions that are inherent in the operation of the internet and the World Wide Web, including but not limited to viruses.
9.8 The Company will make reasonable efforts to seek that the Website is available 24 hours a day 7 days a week.
9.9 Notwithstanding any of the above, the Company reserves the right to suspend access to the Website. The access to the Website may be interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Website. Access may also be interrupted due to failures of telecommunication links and equipment, which are beyond the control of the Company and for which the Company shall not be liable.
10. Modifications of Existing Courses and Technology Enhancements
The Company may make modifications and enhancements to the Online Courses, or update the Online Courses, or improve the technology for delivery from time to time.
When any new guidance becomes effective, the Company may produce new Online Courses covering the new material. For the avoidance of doubt, a purchase of a current Online Course does not entitle the purchaser to new updated Online Courses.
12. Limitation of liability
12.1 The Company shall not be liable to you for any of the following types of loss or damage arising out of or in connection with your use of the Website and any Online Course:
(i)any loss of profits, loss of earnings loss of anticipated savings, goodwill or revenue;
(ii)any loss or corruption of data; or
(iii)any indirect or consequential loss.
12.2 The Company's maximum aggregate liability to you for any claim in contract, tort, negligence, or otherwise arising out of or in connection with the provision of any Online Course shall be limited to the subscription fees paid by you in respect of the Online Course which is the subject of any such claim and provided you notify us of any such claim within one year of it arising.
12.3 The exclusions and limitations of liability contained in this section shall not apply to:
(i) any loss or damage resulting from death or personal injury caused by the Company's negligence; or
(ii) any other losses which may not be excluded or limited by law.
12.4 Each provision in this Paragraph shall be construed separately as between you and the Company. 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.
13. Events beyond our reasonable control
13.1 The Company will not be held liable 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, including but not limited to the following Force Majeure events:
(i) misuse, alteration or interference by you or any third party with our servers or systems, including incoming viruses and hacker attacks;
(ii) strike, lock-out or other industrial action;
(iii) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of or preparation for war;
(iv) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(v) impossibility of the use of public or private telecommunications networks; and
(vi) the acts, decrees, legislation, regulations or restrictions of any government.
13.2 The performance of Company's obligations under these Terms will be deemed to be suspended for the period the Force Majeure Event persists.
The Company's Online Courses are for training and education purposes only. The Company does not accept any responsibility to any party for the use of these materials for any purpose other than training, including but not limited to the giving of advice by any subscriber to any third party.
15. Intellectual Property
At all times, the Company is the owner of the intellectual property in the Online Courses. No Online Course nor any part of it may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior permission of the Company.
16. Data Protection
17.1 These Terms constitute the entire agreement between us in relation to the provision by the Company of the Online Courses, and they replace and supersede any prior arrangements between us in relation to the Online Courses. You acknowledge that you are not relying on any statement made by us or any of our representatives with regard to the Online Courses other than those expressly set out in these Terms.
17.2 The agreement between us which is compromised 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.
17.3 These Terms are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts.
18. Contact Details
MAIN OFFICE ADDRESS:
WESTMINSTER CPD TRAINING
27 WIMPOLE STREET
FREE PHONE NO: 08001422988
TELEPHONE: +44(0)20 7637 3588
FAX: +44(0)20 7580 5468
Terms and Conditions of Website Use
2. Intellectual Property Rights
2.1 At all times, the Company is the owner of the intellectual property in the Online Courses. No Online Course nor any part of it may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior permission of the Company.
2.2 The Website and all the materials contained in it are protected by intellectual property rights. Materials include, but are not limited to, the design and layout of the Website, and all other content on the Website such as articles and other text. The Company either owns, or has a license to or is entitled to use all copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) subsisting in the design of, or materials on, the Website.
3. Content of the Website
3.1 The Company does not represent that information contained in or available at the Website is accurate or complete and accordingly it should not be relied on as such. The Company does not accept any liability arising out of or in connection with any typing and other mistake or other inaccuracies in the information contained in the Website.
3.2 Information contained in or available at the Website may change from time to time. The Company may make improvements or alterations to the Website at any time and without notice.
4. Other Websites
4.1 This Website may contain links to other websites which are not under the control of and are not maintained by the Company and the Company does not accept any liability for the content of those websites.
5.1 The information contained in this Website is only for information purposes.
5.2 In no event does the Company accept liability of any description, including liability for negligence (except for personal injury or death), for any damages or losses (including, without limitation, loss of business, revenue, profits, or consequential loss) whatsoever resulting from use of or inability to use the Website.
5.3 Company makes no warranty that this Website (or websites which are linked to this Website) is free from computer viruses or any other malicious or impairing computer program.
5.4 The information in the Website may be updated from time to time and may at times be out of date. The Company does not accept any responsibility for keeping the information in these pages up to date or liability for any failure to do so.
6. Data Protection
7. Governing Law and Jurisdiction
9. Contact Details
MAIN OFFICE ADDRESS:
WESTMINSTER CPD TRAINING
27 WIMPOLE STREET
FREE PHONE NO: 08001422988
TELEPHONE: +44(0)20 7637 3588
FAX: +44(0)20 7580 5468