Terms & Conditions of Service - Dominic Hassall Training Institute

TERMS AND CONDITIONS OF SERVICE

1. THESE TERMS

1.1 What these terms cover. These are the terms and conditions on which we provide any courses to you which you:

(a) purchase on our website at www.dominic-hassall-training.co.uk, whether those courses are delivered online or face-to-face (the enrolment site); and / or

(b) access online (where applicable) at www.dominichassalltraining.co.uk (the online courses site).

Throughout these terms we refer to those websites collectively as our sites, where the context requires.

1.2 Why you should read them. Please read these terms carefully before you enrol on a course through the enrolment site. These terms tell you who we are, how we will provide the course to you, how you and we may change or end the contract, what to do if there is a problem, and other important information.

1.3 This is our entire agreement with you. These terms, our privacy policy, website terms of use and acceptable use policy constitute the entire agreement between us in relation to your purchase and / or use of a course (as applicable) through our sites. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms, and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Aesthetic & Implant Seminars Limited trading as the Dominic Hassall Training Institute, a company registered in England and Wales. Our company registration number is 08017001, and our registered office and main trading address is at 91 Lode Lane, Solihull, West Midlands B91 2HH. Our registered VAT number is GB 133800052.

2.2 How to contact us. You can contact us by telephone on 0121 705 2705, by emailing us at [email protected], or by writing to us at 91 Lode Lane, Solihull, West Midlands B91 2HH.

2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us when you registered on the enrolment site.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. OUR CONTRACT WITH YOU

3.1 How to enrol on a course through our enrolment site. To enrol on a course, you must first register as a user on the enrolment site, as only registered users can enrol on courses through the enrolment site, or access an online course through our online courses site. You will only be required to register on the first occasion you wish to enrol on a course, and on all subsequent occasions you will only need to login and accept these terms in order to purchase a course. Our booking pages will guide you through the steps you need to take to book a course with us, and you will be required to pay a deposit at that stage. Our booking process allows you to check and amend any errors before submitting your enrolment to us and paying the relevant deposit and / or course fee as set out in clause 6 below. Please take the time to read and check your booking at each page of the process.

3.2 How we will accept your enrolment on a course. After placing a booking request, you will receive an email from us acknowledging that we have received your request and your deposit. Please note that this does not mean that your booking has been accepted. Your request constitutes an offer to us to buy a place on a course. All bookings are subject to acceptance by us, and to your payment of the deposit as set out in clause 6 below, and we will confirm such acceptance to you by sending you an email that confirms that the course booking has been accepted, (Booking Confirmation). The contract between us for the sale of the course to you will only be formed when we send you the Booking Confirmation.

3.3 If we cannot accept your enrolment. If we are unable to accept your enrolment for any reason, we will inform you of this. This might be because the course you selected is over-subscribed, because of unexpected limits on our resources which we could not reasonably plan for, because of the unexpected unavailability of a speaker or consultant, or of the venue at which the course was to take place, because you have not satisfied the relevant educational requirements for the course, or because we have identified an error in the price or description of the course. In these circumstances, we will not charge you for the course in question and any deposit you have paid through the enrolment site will be refunded to you without delay.

3.4 If you are outside the UK. Our sites are principally for the promotion and sale of our courses to businesses and professionals in the UK. However, we may at our discretion accept enrolment from businesses and professionals outside the UK. However, if you live outside the UK, please note before enrolling on a course that:

(a) if you purchase a course from the enrolment site which is delivered face-to-face in the UK, you will be solely responsible at your own expense for making any arrangements in relation to travel to and from the course venue, and any accommodation requirements you may have;

(b) you will be responsible for the payment of any taxes which may be imposed on your purchase in the country in which you are situated; and

(c) you must comply with all applicable laws and regulations of the country in which you are situated. We will not be liable or responsible if you break any such laws or regulations.

3.5 Any description of the course shall not form part of the contract. Any descriptive matter or advertising issued by us, and any descriptions contained in our brochures or on our sites, are issued or published for the sole purpose of giving an approximate idea of the courses described in them. They shall not form part of the contract or have any contractual force.

4. OUR INTELLECTUAL PROPERTY RIGHTS

4.1 We own all intellectual property rights in or arising out of or in connection with the courses, any materials in any medium which are supplied in connection with our courses, and our sites. For the purposes of this clause 4, “intellectual property rights” means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

4.2 Licence. Access to any course under these terms (whether such course is delivered online or face-to-face) shall constitute a single-use, non-exclusive licence to access and complete the course, and for no other purpose whatsoever. Such licence is personal to the person identified as the attendee when you submit your enrolment to us through the enrolment site, and no third party is entitled to access and / or complete the course or make any use of it whatsoever. The content of the course may change between the date on which a licence for it is purchased and the date on which the course is undertaken, as we continually review and improve the content of courses, including (but not limited to) changes to laws, regulations and best practices.

4.3 Scope of our licence to you. The licence referred to in clause 4.2 shall not entitle you to copy, disseminate or otherwise duplicate in any media whatsoever any course or sample or extract thereof without our express authorisation in writing. You agree not to permit or facilitate any third party to use, to copy, disseminate or otherwise duplicate in any media whatsoever any course or sample or extract thereof without our express authorisation in writing.

4.4 We reserve the right to withdraw the licence and cancel the registration on our sites with immediate effect and without notice, in the case of any registered user who we perceive to be abusing our sites, misusing the course, or who is in breach of this clause 4, or of these terms more generally. The judgment as to whether there has been such an abuse or breach, and the consequences of such, will be at our absolute discretion.

4.5 The content of each course is up-to-date at the time at which it is undertaken, but clearly may become out-of-date afterwards. The purchase of a licence to access and complete a course does not entitle you to re-take the course if it is subsequently updated. If you wish to undertake an updated course, you will need to buy a new licence for the updated course.

5. YOUR OBLIGATIONS

5.1 Your authority to enter into a contract with us. By enrolling on a course through the enrolment site, you confirm that you have the authority and legal capacity to bind any business on whose behalf you register on our sites and / or use our sites to book any courses or access any online courses you have booked.

5.2 Your obligations to us under these terms. You agree (and will procure that each individual who attends a course that you have booked also agrees) that:

(a) any course you enrol on through the enrolment site will be attended by the individual(s) specified in your enrolment request, and under no circumstances will any substitute attend the course without our prior agreement;

(b) when completing the course you will abide by any rules or policies of which you are advised (whether orally or in writing), either in relation to the course itself or any venue at which the course takes place;

(c) in no circumstances will you cheat or otherwise flout any rules or policies in place in relation to the course, or obtain any result in relation to the course to which you are not fairly entitled;

(d) you will not engage in any unacceptable behaviour during your attendance on the course (including without limitation threatening, intimidating or harassing any other attendees, staff or third parties, or causing damage to property);

(e) you will provide us with such documentary evidence as we may request in order to establish your identity, prior to the date on which the course commences. You acknowledge that without providing us with this evidence, we will not be able to provide you with the course or with any certification or accreditation in relation to it;

(f) by accepting your enrolment, we grant you a limited single-use licence for you to use the course for your own personal private study and non-commercial purposes only. You do not acquire any other rights in the course, and it is not yours to sell or give to anyone else; and

(g) you may not change, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any part of the course. Any use of the course not permitted in these terms is strictly prohibited, and such use will constitute an infringement of our copyright and/or our other intellectual property rights in the course.

(h) each course is allocated CPD with MCQ questions and course attendance. If you do not attend or fail to complete the MCQs or course then you will not receive the full course CPD.

5.3 What happens if you fail to comply. If we discover, or have reasonable cause to believe, that you or the specified individual have breached any of the requirements of clause 5.2(a) to 5.2(g) above, we may in our sole discretion:

(a) refuse further access to the course and any materials relating to the course;

(b) cancel the contract between us without further notice;

(d) report the matter to any relevant external examination or accreditation body or bodies.

5.4 You are responsible for attendance on, and conduct at, the course. You understand and agree that you are responsible for the attendance and conduct of each individual who attends a course that you have booked. You agree that we shall have no liability to you whatsoever if any such individual fails to attend a course that you have enrolled them on, or is barred or removed from a course by us as a consequence of their unacceptable conduct, and (without limiting the generality of the foregoing) we shall not be obliged to refund any course fee(s) (in full or in part) or to provide a replacement course in those circumstances.

6. DEPOSIT, COURT FEES AND PAYMENTS

6.1 The deposit. You will be required to pay a deposit of £400 plus VAT each time you enrol on a course through the enrolment site. The deposit is non-refundable if you cannot attend the course, however we will refund the full amount of the deposit to you if:

(a) your place on the course you are unable to attend is subsequently filled by a third party; or

(b) we are unable to process your enrolment and / or provide you with your chosen course for any of the reasons set out in clause 3.3 above.

6.2 The course fee. A course fee will apply if you choose to book a course via the enrolment site. The course fee shall be as set out on our sites from time to time, and is charged per course, per attendee.

6.3 When the course fee is payable. The course fee is payable either:

(a) in full within 30 days of the date on which we send you your Booking Confirmation (the due date); or

(b) in instalments, with an initial deposit of £400 (plus VAT) payable immediately on booking (at which time we will send you your Booking Confirmation) and the remainder divided into the stated number of instalments, the first of which is payable 30 days after we send you your Booking Confirmation and each subsequent instalment is payable on the same day of the month thereafter (in each case, the due date) until such time as the course fee has been paid in full.

In the case of online courses, the first module of the course will be made available to you when the course in question is released, and subsequent modules will be released to you according to the timescale referred to on our sites. We reserve the right, in our sole discretion, to revoke access to online courses in the event that an instalment is not paid by the relevant due date.

6.4 We may change our course fees. Course fees are subject to change at any time and the current course fees will be those displayed on our sites at the time you make your booking. If we change our course fees, the revised course fee will not apply to any course you have already paid for, however you will automatically be charged the revised course fee on the next occasion you purchase a course from the enrolment site.

6.5 How to pay. Payment for all deposits and course fees must be made through the enrolment site by credit or debit card, or, in the case of the course fee if you choose to pay it in monthly instalments as set out in clause 6.3(b) above, by credit or debit card or by direct debit (direct debit availability varies depending on your location – if available, it will be offered as an option during checkout). We will charge your credit or debit card for the full amount of the deposit when you enrol on a course through the enrolment site.

6.6 VAT. All amounts payable by you under the contract are exclusive of amounts in respect of value added tax chargeable for the time being (VAT). Where we make any taxable supply for VAT purposes to you under the contract, you will, on receipt of a valid VAT invoice from us, pay to us such additional amounts in respect of VAT as are chargeable on the supply of the course in question, at the same time as each payment in respect of the course fee is due.

6.7 No refunds. Except in the limited circumstances set out in clause 6.1 above, we shall not be obliged to make any refunds to you in respect of any deposit or course fee you have paid (whether in full or in part) if you:

(a) cancel once you have enrolled. We will make a cancellation charge of 50% of any unpaid element of the course fee if you have only paid part of the course fee at the time you cancel; or

(b) are unable to attend any particular part of your chosen course (although we will send to you any written materials that you would have received had you attended that part of the course).

6.8 Interest is due on late payments. If you fail to make any payment due to us under the contract by the due date, you must pay interest on the overdue amount at the rate of 4% per cent per annum above Lloyds Bank plc’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You must pay the interest together with the overdue amount.

6.9 No set-off. You must pay all amounts due under the contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.

7. OUR RIGHTS TO MAKE CHANGES

7.1 We may amend these terms from time to time. Every time you enrol on a course with us through the enrolment site, the terms in force at the time of your enrolment will apply to the contract between you and us.

7.2 Why we may change the terms. We may revise these terms as they apply to your enrolment from time to time to reflect:

(a) changes in relevant laws and regulatory requirements;

(b) changes to the course fees;

7.3 What happens if we make changes to the terms. If we have to revise these terms as they apply to your enrolment, 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. If you decide to cancel, you will not be able to attend the course you have booked and we will arrange a full refund of any course fee you have already paid.

8. OUR RIGHT TO CANCEL

8.1 When we have the right to cancel. We may have to cancel a contract before the date of the relevant course due to an Event Outside Our Control (as described in clause 12 below), or the unavailability of key personnel, or of the venue at which the Course is scheduled to take place, or for any other reasonable commercial reason, such as (but not limited to) an insufficient number of bookings. If this happens:

(a) we will promptly contact you to let you know; and

(b) if you have already paid for the course, we will refund you the amount of the relevant course fee in full or, if we are able to, offer you an alternative date or dates. You can choose whether to receive a refund or accept any offered alternative.

8.2 If we have to cancel part of a course. We may also have to cancel the remainder of a course that we have already started to provide for any of the reasons stated in clause 8.1. If we do, we will refund you the amount of the relevant course fee in full or, if we are able to, offer you an alternative date or dates. You can choose whether to receive a refund or accept any offered alternative.

8.3 When we may cancel the contract with immediate effect. Without affecting any other right or remedy available to us, and without prejudice to our rights under clause 5.3 above, we may cancel the contract at any time with immediate effect by giving you written notice if:

(a) you do not pay us when you are supposed to as set out in clause 6; or

(b) you break the Contract in any other material way and you do not correct or fix the situation within seven days of us asking you to in writing; or

(c) you take any step or action in connection with your entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business, or (if you are an individual) you are the subject of a bankruptcy petition, application or order;

(d) you suspend, or threaten to suspend, or cease or threaten to cease to carry on all or a substantial part of your business; or

(e) your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the contract has been placed in jeopardy.

If we terminate the contract for any of the reasons set out in this clause 8.3(a) to (e) inclusive, we shall not be obliged to refund to you any deposit or course fee you have already paid to us.

9. YOUR RIGHT TO CANCEL

9.1 How to cancel your registration on our sites. You can cancel your registration on our sites at any time by informing us in writing. Please note that if you do so, you will not be able to book any courses through the enrolment site, or access any courses through the online courses site.

9.2 How to cancel a course. If you wish to cancel a course you have booked through the enrolment site, you can do so by contacting us in writing at any time. We will confirm your cancellation to you in writing. Please note that we will not refund to you any course fee you have already paid.

9.3 How to cancel the contract between us. You may cancel the contract between us at any time with immediate effect by giving us written notice if we are affected by an Event Outside Our Control, or if we change these terms under clause 7.2 to your material disadvantage.

10. IF THERE IS A PROBLEM WITH THE COURSE

How to tell us about problems. If you have any questions or complaints about a course you have purchased through the enrolment site, please contact us. You can either telephone us on 0121 705 2705, email us at [email protected], or write to us at 91 Lode Lane, Solihull, West Midlands B91 2HH.

11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1 All courses are provided by us without any warranties or guarantees. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these terms. In particular, we make no warranty:

(a) that any course you purchase through the enrolment site is suitable for your specific requirements, and you must rely on your own judgement in this respect;

(b) that our sites or the content on our sites is virus free. You must take your own precautions in this regard, as we accept no responsibility for any infection by virus or other contamination or by anything that has destructive properties. You must bear the risks associated with the use of the internet;

(c) as to any views or opinions expressed, or comments made, on aspects of dentistry practice or procedures in the courses or the materials relating to the courses. We accept no liability for the accuracy of any such views, opinions or comments, or for the consequences of your taking action in reliance on them.

11.2 Exclusions from our liability to you. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the contract.

11.3 We are not responsible for indirect losses. Subject to paragraph 11.5, we are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

(a) loss of income or revenue;

(b) loss of business;

(d) loss of anticipated savings;

(e) loss of data, or

(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise;

provided that this paragraph 11.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of paragraph 11.4 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this paragraph 11.3.

11.4 The limit of our liability to you. Subject always to paragraph 11.5, our total liability for losses you suffer as a result of us breaking these terms is strictly limited to an amount equal to the course fee(s) for the relevant course(s) in respect of which such liability arises.

11.5 When our liability to you is not excluded or limited. The exclusions and limitations set out in paragraphs 11.3 and 11.4 do not exclude or limit in any way our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation; or

11.6 Clause 11 survives termination. This clause 11 will survive termination of the contract for any reason.

12. EVENTS OUTSIDE OUR CONTROL

12.1 We are not responsible for 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 these terms that is caused by an Event Outside Our Control.

12.2 An Event Outside Our Control. 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.

12.3 What happens if there is an Event Outside Our Control. If an Event Outside Our Control takes place that affects the performance of our obligations under these terms:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under these terms 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 performance of services to you, we will restart such services as soon as reasonably possible after the Event Outside Our Control is over.

12.4 Cancelling the contract if there is an Event Outside Our Control. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide services to you. We will only cancel the contract if the Event Outside Our Control continues for longer than three weeks in accordance with our cancellation rights in clause 8.

13. HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1 How we will use your personal information. We will use the personal information you provide to us strictly in accordance with our privacy policy. For example, we will use your personal information:

(a) to deliver the course to you;

(b) to process your payment for the course; and

(c) if you agreed to this during the registration process, to give you information about similar courses and services that we provide, but you may stop receiving this at any time by contacting us.

Please read our privacy policy for full details of what personal information we collect from you, and how we will use it.

13.2 When we may give your personal information to third parties. We will only give your personal information to third parties where the law either requires or allows us to do so, or as set out in our privacy policy.

14. COMMUNICATIONS BETWEEN US

14.1 Notices or other communications to be in writing. 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 email.

14.2 When a notice or other communication shall be deemed to be received. 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 email, one business day after transmission.

14.3 Proving service. 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 email, that such email was sent to the specified email address of the addressee.

14.4 Service of proceedings. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

15. OTHER IMPORTANT TERMS

15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to deliver the course to you, we can still require you to make the payment at a later date.

15.6 Which laws apply to this contract and where you may bring legal proceedings. Any dispute or claim arising out of or in connection with a contract between us 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 and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.