This agreement (together with the documents referred to on it) tells you the terms and conditions on which we, Wellbeing Through Sport Ltd (t/a Wellbeing Through Sport), a company registered in England and Wales under company number 12432750 with registered office at No. 1 The Sedges Delamere Road Norley Frodsham WA6 6NG(“We”, “Us”, “Our”), enable you (“You”, “Your”) to make a booking in respect of any of Our courses (whether online or presented to You in person by Us (or any of our employees, consultants or agents)) (“Our Courses”) listed in Our brochures and flyers and on Our Website https://www.wellbeingthroughsport.co.uk (“Our Site”).
Please read these terms and conditions carefully before booking any of Our Courses or any other Event at which We (or our employees, agents or consultants) attend (“Our Events”). You should understand that by booking any of Our Courses or Our Events, You agree to be bound by these terms and conditions.
You should save or print a copy of these terms and conditions for future reference.
Please understand that if You refuse to accept these terms and conditions, You will not be able to book any of Our Courses online. Bookings which are not made online are subject to Our standard Offline booking terms and conditions.
Information about Us
We are a company limited by shares registered in England and Wales under company number 12432750 and with our registered office at No. 1 The Sedges Delamere Road Norley Frodsham WA6 6NG. Our VAT number is 368840164. https://www.wellbeingthroughsport.co.uk is a site operated by us.
By making a booking through Our Site or in person (by telephone, email or through any other medium), 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
Should You wish to make a booking, You can do so by using Our online facility on Our Site, by telephone, by email or in any other non-online format agreed between us in each case. Our online booking facility is subject to Our online terms and conditions of use in addition to these terms and conditions. In the event that the terms and conditions of use are inconsistent with the terms of this agreement, then the terms of this agreement shall prevail. If You do not wish to enter Your information over the internet, please print out/fill in a copy of Our booking request form and return it to: email@example.com together with payment in accordance with the paragraph headed Price and payment below.
Please note that receipt by Us of Your booking request does not mean that Your booking has been accepted and, in particular, We accept no responsibility for booking requests that do not reach Us for whatever reason. Your booking request constitutes an offer to Us to secure a place at one of Our Events or to book one of Our Courses. All bookings are subject to availability at the Event or Course (for face to face courses) and formal acceptance by Us, and We will confirm such acceptance to You by sending You an email (the “Booking Confirmation”). The contract between Us (“Contract”) will only be formed when We send You the Booking Confirmation.
The Contract will relate only to those Events or Courses which We have confirmed in the Booking Confirmation.
There is a limited number of places at each face to face Event or Course and these will be allocated in order of receipt of bookings, or as We, in our absolute discretion, may determine. We shall have no liability to you what soever for any failure by You to secure a place on one of Our Courses.
We reserve the right to make changes to the published programme of an Event or Course (but not the overall content), for example to timings and/or speakers. In such cases, You will not be entitled to cancel and We shall have no liability to You whatsoever in that regard. We are not obliged to notify you in advance of any changes to speakers.
Our Courses and/or Events which are advertised as being presented in person by Us or one of our employees, consultants or agents are held at a number of venues. You acknowledge that We may have to change the published venue for the Event or Courses for reasons beyond Our control and in such cases, You will not be
entitled to cancel unless the change in venue represents a significant disadvantage to You. We shall have no liability to You whatsoever in such circumstances.
You are liable for any loss or damage which You (or any delegates attending under your Booking Confirmation (“Delegates”) may cause to Our premises or that of the external venue and agree to adhere to all housekeeping rules, procedures and policies (including policies as to behaviour and conduct) that may be in place at any venue from time to time. You agree to indemnify Us fully and effectively and without limit in amount with regard to any such costs, damages, fees and other losses of any nature whatsoever (including consequential losses and the costs of enforcing the terms of this agreement) which we may suffer as a result of Your or any of your Delegates failure to comply with the terms of this agreement, including, without limitation, the provisions of this clause.
If you have a disability or medical condition that requires special arrangements to be made, please notify Us of Your requirements when making Your booking.
Continuing Professional Development (“CPD”) Points
To claim CPD points (if applicable) in respect of Our Events or Courses, please ensure that You sign the relevant Event or Course register. CPD points can only be validly claimed if You attend the full duration of the Event or Course or complete the Course online. We have no liability to You or any of your Delegates in the event that either the Course or Event does not fulfil your specific CPD requirements (it is Your sole responsibility to ensure that the relevant Course or Event meets your specific CPD requirements prior to applying to attend a Course or Event) or that You or any of your Delegates do not complete the Course or Event.
Price and payment
The price of any of Our Events or Courses will be as quoted in Our brochures and flyers and on Our Site from time to time, except in cases of obvious error. These prices are exclusive of VAT. Prices are liable to change at any time, but changes will not affect bookings in respect of which We have already sent You a Booking Confirmation, except in cases of obvious error. You may pay for Your booking by credit and debit card. We regret that we cannot accept cheques, credit notes or cash as payment. Credit and debit card payments made online via our site are processed by Stripe, a leading independent internet payment service provider (“Payment Processor”). When you make an online payment for a Course or Event, your credit or debit card details, name and email address are transmitted directly to the Payment Processor using SSL/TLS encryption technology. In order to process your payment we will need to share some of your details such as your name or email address with the Payment Processor. However, no credit or debit card payment information is transmitted to our own servers. You hereby consent to the transfer by Us to the Payment Processor of such information.
Alternatively, should You wish to make a booking online but do not wish to make a payment over the internet, We shall raise an invoice for payment of the Course or Event and send it to You for satisfaction. Payment shall be due strictly in accordance with Our standard invoice terms (seven days from date of invoice). Payment must be made in advance before the course is attended or in the event of online courses, you will not be able to access the course until payment has been made. We shall be entitled to charge You interest on late payments in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended from time to time).
Please note that We cannot guarantee the security of data which You send us by email. Accordingly, please do not send Us payment information using email. Unless We are fraudulent, We will not be liable to You for any losses caused as a result of unauthorised access to the personal and transactional information that You provide Us when making a booking.
Our refunds policy
If You cancel the Contract between us by giving Us in excess of 48 hours notice in writing prior to a Course or Event starting, You shall be entitled to a credit note for the full value of the Course or Event booked (which is not personal to You and can be redeemed against any of Our other Courses). Such credit note must be used within the financial year of issue (please note that Our financial year runs from September to August). We will process the credit note due to You as soon as possible. If You cancel the Contract between us by giving Us notice in writing less than 48 hours prior to the Course or Event starting, You shall not be entitled to any credit note or other form of refund.
Substitute Delegates may be accepted by Us, at Our sole discretion, provided that the substitute Delegate meets any applicable eligibility criteria for the relevant Course or Event. If You fail to attend a Course or Event for which You are registered and have not given Us prior notice then You shall not be entitled to any credit note or otherwise pursuant to Our refunds policy.
We shall be entitled to cancel Your booking where We need to do so due to circumstances outside of Our control (including, but not limited to, situations where sufficient numbers have not booked for the Course or Event or the speakers are unavailable or cancel the Course or Event or if You are more seven days in arrears with any payment due to Us, or if it may prejudice Our reputation). We shall have no liability for losses or costs which You may incur due to such cancellation but We shall refund your booking payment (in full as soon as possible) or offer You an alternative Course or Event if one is available. You have the choice of accepting the refund, a credit note or attending the alternative Course or Event.
There will be no refund of online Courses once payment has been made and we have accepted your booking request.
We will usually refund any money received from You using the same method originally used by You to pay for Your purchase but reserve the right to refund using an alternative method.
Rights in materials
We enforce strictly the intellectual property rights in the materials associated with our Courses or Events. All copyright and other rights (including all intellectual property rights) in materials provided to You during or for the purposes of any of Our Courses or Events (including, without limitation, Course notes, slides, brochures, articles or case studies) are Our property or that of our licensors. You are entitled to use such materials only for Your own personal use. You are not entitled to copy such materials nor are You entitled to use or authorise others to use such materials for any commercial or other purpose. Please note that materials (if any) for a non face to face Course or Event shall be emailed to the recorded Delegate email address held on record, or if not available, to the email address of the person who made the booking not less than 48 hours prior to the start of the Course or Event and for a larger conference Event, materials will only be made available to You on the day of the relevant Course or Event . You will be notified of the form in which such materials will be distributed to You and/or Delegates with the Booking Confirmation.
Delegates are not permitted to record, film, take photographs at or otherwise record in a transferrable, permanent or semi-permanent form.
You agree to indemnify Us fully and effectively and without limit in amount with regard to any such costs, damages, fees and other losses of any nature whatsoever (including consequential losses and the costs of enforcing the terms of this agreement) which we may suffer as a result of Your or any of your Delegates failure to comply with the terms of this agreement, including, without limitation, the provisions of this clause.
All reproductions of images are used for the sole purpose of illustration for teaching or as a teaching aid.
Subject to the following paragraphs, We will be only be responsible to You for any direct losses You suffer as a direct result of Us breaching these terms and conditions if those losses were reasonably foreseeable to both You and Us at the time the Contract was formed. Our liability to You under these terms and conditions will not exceed the total price charged for the Course or Event(s) that You have booked or £100 (if higher).
We shall have no liability to You or any of Your Delegates save as described in the immediately preceding and immediately following paragraphs and You indemnify Us in full for any and all costs, losses and expenses reasonably incurred by Us in defending any claim brought against Us by You or any of Your Delegates in respect of any such claim.
Subject to the paragraph above, Event or Course attendees shall be required to keep their personal belongings with them at all times and We accept no liability for damage to, or loss of, personal belongings. We do not accept any responsibility for any loss (including, without limitation, theft) of any property occasioned on Our premises or at external venues save for any damage caused by Our negligence in which circumstances Our liability shall be limited to the amount of Our insurance for such losses. We will not be responsible to You or any third party for any business loss (including, without limitation, indirect or consequential loss, loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill) or any other loss or damage which does not result directly from Our actions or the actions of Our employees, sub-contractors or agents, is consequential or was not reasonably foreseeable to both You and Us when the Contract was formed.
Nothing in these terms and conditions excludes Our liability to You for personal injury or death caused by Our negligence.
Course and Event materials are prepared solely for the benefit of delegates and are not a substitute for clinical advice. The Course or Event materials are to be considered as guidance only. No specific or individualised recommendations are made either verbally at any Course or Event or in any associated Course or Event Materials. No clinical input is offered in any such manner as described, nor are any clinical opinions offered in individual cases in any such manner. Neither the author of the Event or Course materials nor We, our officers, employees, consultants or agents accept any responsibility or liability of any nature whatsoever for any loss or damage howsoever occasioned to any person or persons arising from reliance on such materials (including
unauthorised persons accessing any materials whether on Our Website or which are provided at a Course or Event). You hereby fully and effectively indemnify Us in respect of any and all costs, losses and expenses reasonably incurred by Us in defending any claim brought against Us by You or any of Your Delegates in respect of any such claim.
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 Site. For contractual purposes, You agree when applying for any Course or Event 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.
All notices given by You to Us must be given to Us at No. 1 The Sedges Delamere Road Norley Frodsham WA6 6NG or firstname.lastname@example.org. We may give notice to You at either the e-mail or postal address You provide to Us when making a booking, or in any of the ways specified in the written communications paragraph above. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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.
We may use photographs taken at Courses or Events in publicity and marketing materials, including use on Our Site. Your attendance at an Event or a Course may mean that You or Your Delegates are featured in such photographs and You and Your Delegates (in the case of Your Delegates, consenting through attendance at a Course or Event) are deemed not to object to the taking of such photographs as detailed above. If You or any of Your Delegates do not wish to be included in any photograph, please ensure that You or Your Delegates notify the photographer at the relevant Course prior to the photographs being taken.
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”) which includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation): 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; and/or 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 We will have an extension of time for performance for the duration of that period. 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.
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 and 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.
If any of these terms and 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.
These terms and conditions and any document expressly referred to in them (save in respect of course or Event materials) 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 said or written in negotiations between us prior to such Contract except as expressly stated in these terms and 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 and conditions.
Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in Our system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that You place a booking with Us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to bookings previously made by You), or if We notify You of the change to those policies or these terms and conditions before We send You the Booking Confirmation (in which case We have the right to assume that You have accepted the change to the terms and conditions, unless You notify Us to the contrary within seven working days of receipt by You of the Booking Confirmation).
Law and jurisdiction
Contracts for the booking of Our Courses through Our Site will be governed by the law of England and Wales. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.