Matriarch Training & Consultancy Services CARE BUSINESS SYSTEMS LIMITED
TERMS AND CONDITIONS OF BUSINESS
WORKSHOPS AND TRAINING
This page tells you information about us and the legal terms and conditions (Terms) on which we provide any of the policies, training manuals, business documents, DVDs and training sessions (Training) listed on our website (our site) to you.
These Terms will apply to any contract between us for the provision of Training to you (Contract). Please read these Terms carefully and make sure that you understand them, before booking any Training. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to book any Training.
We amend these Terms from time to time as set out in clause 8. Every time you wish to book Training, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We are Matriarch Training & Consultancy Services Care Business Systems Limited, a company registered in England and Wales under company number 09686560 and with our registered office at 13 Montague Place, 2nd Floor Office, Worthing, West Sussex, BN11 3BG. Our main trading address is also 13 Montague Place, 2nd Floor Office, Worthing, West Sussex, BN11 3BG. Our VAT number is [VAT NUMBER].
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know in writing that you have decided to cancel. We will e-mail you to confirm we have received your cancellation. If you are emailing us or writing to us please include details of your booking to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 01903 898135 or by e-mailing us at email@example.com.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3 Contacting us if you are a business. You may contact us by telephoning our customer service team at 01903 898135 or by e-mailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 16.3.
2.1 The Training shall consist of:-
(a) the provision of information to assist you in getting a better understanding of the skills required to run a nursing agency;
(b) the provision of guidance on setting up a nursing recruitment agency;
(c) a DVD training programme consisting of 12 DVDs outlining the role of a business development consultant and the skills required to run a recruitment agency;
(d) a training manual including business documents and terms of business; and
(e) three one to one online monthly training sessions via webinar (one two hour session followed by two one hour sessions) (Training Sessions).
2.2 We will make every effort to provide the Training Sessions on the specified dates. However, we reserve the right to vary or cancel a Training Session where the occasion necessitates and we accept no liability if, for whatever reason, any Training Session doesn’t take place or is moved to a different date, time or location.
2.3 Any materials and documentation provided are prepared solely for your benefit and should not be reproduced or used for any other purpose.
2.4 The attendee and any firm and/or organisation placing the booking for the Training shall be jointly and severally liable for payment of the fee, in accordance with the terms of this Contract.
2.5 We reserve the right to terminate a Training Session with immediate effect, with no right of refund, if we consider you to be under the influence of alcohol or drugs or are otherwise unfit to proceed with the Training Session.
2.6 No refunds will be offered in the event that you fail to attend a Training Session, or are late. At least 24 hours’ notice must be given of any cancellation.
2.7 Training and guidance shall be provided during the hours of 9am and 5pm Monday to Friday only. Any enquiries received outside of these hours will be dealt with as soon as reasonably possible.
3. DATA PROTECTION
3.1 We may periodically contact you with details of other services that may be of interest to you and may pass your details on to other selected companies. Please contact us using the details set out above if you do not wish to be included in this activity.
3.2 You have the right to receive details of the personal information held by us. A fee of £10 will be payable.
4. INTELLECTUAL PROPERTY
4.1 We remain at all times the owner of the intellectual property in the Training and any associated materials or documents. No materials or document may be reproduced, stored or transmitted in any form without our prior written consent.
4.2 In consideration of receipt by us of the fee payable for the Training, we grant you a non-exclusive, non-transferrable licence to use the associated materials or documents for the sole purpose of utilising the Training provided and developing your business.
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only book Training if you are at least 18 years old.
6. IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you book Training.
6.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 We will provide you with an estimate based on the services to be provided. If you wish to proceed, you can then proceed to make a booking and we will invoice you for the services to be provided.
7.2 After you make a booking, you will receive an e-mail from us acknowledging that we have received your booking. However, please note that this does not mean that your booking has been accepted. Our acceptance of your booking will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail once your payment has cleared (Booking Confirmation). The Contract between us will only be formed when we send you the Booking Confirmation.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We amend these Terms from time to time.
8.2 Every time you book Training through us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your booking from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements; and
(b) changes to our costs for providing Training.
8.4 If we have to revise these Terms as they apply to your booking, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.
9. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause
9.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive the Training, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of Training where you have given us express consent to provide services during the cancellation period and the service has been performed (i.e. Training has been provided).
9.3 Your legal right to cancel a Contract starts from the date of the Booking Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is then the end of 14 days from the date on which the Contract is concluded, subject to clause 9.2
To cancel a Contract, you just need to let us know in writing that you have decided to cancel. We will e-mail you to confirm we have received your cancellation. If you are e-mailing us or writing to us please include details of your booking to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
9.4 If you cancel your Contract we will:
(a) refund you the price you paid for the Training.
(b) make any refunds due to you as soon as possible and in any event within 14 days of you informing us of your decision to cancel the Contract.
9.5 We will refund you via the credit or debit card used by you to pay.
9.6 Because you are a consumer, we are under a legal duty to provide Training that is in conformity with this Contract. As a consumer, you have legal rights in relation to Training that is faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
10. PRICE OF TRAINING
10.1 The prices of the Training will be as quoted at the time you submit your booking.
10.2 Prices for our Training may change from time to time, but changes will not affect any booking you have already made.
10.3 The price of Training includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Training in full before the change in VAT takes effect.
11. HOW TO PAY
11.1 You can only pay for Training using a debit card, cheque or via BACS into our bank account (details of which are available on request).
11.2 Payment must be received in advance of the Training being provided.
12. IF THERE IS A PROBLEM WITH THE TRAINING
12.1 In the unlikely event that there is any defect with the Training or you are otherwise unhappy with the Training or other services provided.
(a) please contact us and tell us as soon as reasonably possible; and
(b) please give us a reasonable opportunity to repair or fix any defect.
12.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
13. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 13 only applies if you are a business customer.
13.1 We only provide the Training for internal use by your business, and you agree not to use the Training or any related documents for any resale purposes.
13.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
13.3 Subject to clause 13.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
13.4 Subject to clause 13.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Training.
13.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Training. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Training is suitable for your purposes.
14. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 14 only applies if you are a consumer.
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
14.2 We only supply the Training for private use by you. You agree not to use the Training or any related documents for any resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
15. EVENTS OUTSIDE OUR CONTROL
15.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or any matter which is under the control a third party (including but not limited to website developments and website content which is under the control of the website developers).
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of the Training to you, we will use reasonable endeavours to arrange a new date to provide the Training with you after the Event Outside Our Control is over.
16. COMMUNICATIONS BETWEEN US
16.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
16.2 If you are a consumer you may contact us as described in clause 1.2.
16.3 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
(c) 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.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17. OTHER IMPORTANT TERMS
17.1 We may transfer or subcontract our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms (including the right to attend a Training Session) to another person if we agree in writing.
17.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the booking of Training through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
17.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).