1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Booking: your booking for a Seminar;
Event Outside Our Control: is defined in clause 10.2;
Terms: the terms and conditions set out in this document;
Seminar(s): the seminar(s), mentorship(s) and/or course(s) that We are providing to you as set out in the Booking;
We/Our/us: Tomes Homes Strategy Ltd of 125 Canterbury Road, Westgate-On-Sea, Kent, CT8 8NL
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We provide Seminar(s) to you.
2.2 Please ensure that you read these Terms carefully, and check that the details in your Booking and in these Terms are complete and accurate. If you think that there is a mistake or require any changes, please contact us to discuss. You are entitled to cancel a Booking within 14 days of making it if you are unhappy with any of these Terms.
2.3 We may take your Booking over the telephone or via the internet. We will then confirm your Booking by post or email within two days of receipt. These Terms will become binding on you and us when We issue you with the confirmation, at which point a contract will come into existence between you and us.
2.4 If any of these Terms conflict with any term of the Booking, the Booking will take priority.
3. CHANGES TO BOOKING OR TERMS
3.1 We may revise these Terms from time to time in the following circumstances:
3.1.1 changes in how We accept payment from you; and
3.1.2 changes in relevant laws and regulatory requirements.
3.2 If We have to revise these Terms under clause 3.1, We will where possible, give you at least two week’s written notice of any changes to these Terms before they take effect.
3.3 You may make a change to your Booking within seven calendar days of placing a Booking by contacting us. Where this means a change in the total price, We will notify you of the amended price in writing. You can choose to cancel the Booking in accordance with clause 11.1 in these circumstances.
3.4 If you wish to cancel a Booking before it has been fulfilled, please see your right to do so in clause 11.
3.5 We reserve the right to change the venue, presenter(s), mentor (s) and/or materials at any time without prior notice. You will not be entitled to a refund in the event of a variation under clause 3.5, unless you exercise your rights as stated in clause 11.
4. PROVIDING SEMINARS
4.1 We will supply the Seminar to you on the date set out in the Booking unless otherwise varied by us in accordance with clause 3.5.
4.2 We will make every effort to provide the Seminar on the date(s) set out in the Booking. However, there may be delays due to an Event Outside Our Control. See clause 10 for Our responsibilities when an Event Outside Our Control happens.
4.3 If you do not pay us for a Seminar when you are supposed to as set out in clause 6.3, We may withdraw your enrolment on a Seminar with immediate effect (except where you dispute an invoice under clause 6.5). We will contact you to tell you this. This does not affect Our right to charge you interest under clause 6.4.
4.4 You acknowledge that all copyright, design right and all other intellectual property rights in all Seminar materials (including but not limited to any drafts, drawings, PowerPoint’s or illustrations We make in connection with such materials) are owned by us or Our licensors.
4.5 You acknowledge that We do not (nor any trainer, mentor, team member, agent or employee who is providing a course, mentoring or other training) provide financial, legal or accounting advice. We are not authorised by the FCA or other body to do so and as such this does not form part of the Seminar or the contract between us.
4.6 You further acknowledge that the opinions and comments made by trainers and mentors (whether employed by us or not) are their own and do not represent or reflect Our opinions or comments. You acknowledge that any opinions or comments are followed at your own risk. You agree not to hold us responsible for any such opinions or claims.
5. FAILURE TO ATTEND
5.1 If you fail to attend a Seminar but have not varied your Booking in accordance with clause 3, then you will forfeit any amounts that you have paid for that Seminar. You will not receive any credits for a Seminar that has been paid for but for which you do not attend.
5.2 You acknowledge that this clause 4.5 does not work harshly on you.
6. PRICE AND PAYMENT
6.1 The price of the Seminar will be set out in Our price list in force at the time We confirm your Booking. Our prices may change at any time, but price changes will not affect Bookings that We have confirmed with you.
6.2 These prices do not include VAT which will be added onto the price at the current rate. If the rate of VAT changes between the date of the Booking and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Seminar in full before the change in the rate of VAT takes effect.
6.3 Upon submitting a Booking, we will request a non-refundable deposit from you (subject to clause 11) to secure your place on a Seminar by way of credit or debit card. We will not accept a Booking unless we receive your Deposit. We will send you an invoice in respect of your Booking (by email or by post) and full payment of the balance for the Seminar must be made 30 days prior to the date of the Seminar. Your rights to a refund on cancellation are set out in clause 11.
6.4 If you do not make any payment due to us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclay’s Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
6.5 However, if you dispute an invoice in good faith and contact us to let us know promptly after you have received an invoice that you dispute it, clause 6.4 will not apply for the period of the dispute.
7. RESCHEDULING A BOOKING
If you would like to reschedule your enrolment on a Seminar from the original Seminar date, you must notify us in writing providing us with full details of the original date and your preferred Seminar date. We are not obliged to reschedule your enrolment but may do so at Our own discretion. You acknowledge that We may incur additional charges as a result and We will be entitled to recover these reasonable costs from you. You further acknowledge that Our ability to reschedule will depend on the availability of places and that We shall, to the fullest extent permitted by law, have no liability to you in the event that no places are available.
8. OUR LIABILITY TO YOU
8.1 We have no liability to you for:
8.1.1 any indirect or consequential losses; or
8.1.2 loss of profit, loss of business, business interruption, or loss of business opportunity.
8.2 We do not exclude or limit in any way Our liability for:
8.2.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or
8.2.2 fraud or fraudulent misrepresentation.
9. PRODUCT WARRANTY
9.1 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.
9.2 We warrant that the Seminar will be delivered using reasonable care and skill. If you have any problems with a Seminar, please contact us and tell us as soon as possible and We will use every effort to rectify any problem as soon as possible.
9.3 If we provide you with any products (Products) and the Products are faulty or not as described, please contact us as soon as Possible and we will use every effort to rectify any fault as soon as possible. In the event We are unable to rectify a fault, we shall provide you with replacement Product(s) or refund the charges paid by you in respect of the faulty Product.
10. EVENTS OUTSIDE OUR CONTROL
10.1 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 (including but not limited to us having to rearrange or cancel a Seminar).
10.2 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.
10.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
10.3.1 We will contact you as soon as reasonably possible to notify you; and
10.3.2 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 the Seminar to you, We will rearrange the Seminar as soon as reasonably possible after the Event Outside Our Control is over.
10.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Seminar. Please see your cancellation rights under clause 11. We will only cancel the contract if the Event Outside Our Control continues for longer than two weeks in accordance with Our cancellation rights in clause 11.
11. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
11.1 Before We provide the Seminar, you have the following rights to cancel a Booking for a Seminar, including where you choose to cancel because We are affected by an Event Outside Our Control or if We change these Terms under clause 3.1 to your material disadvantage. You have a legal right to cancel a Booking under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below or in clause 11.3 below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to keep a Booking, 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.
11.2 You may cancel any Booking for a Seminar within the cancellation periods specified in clause 11.3 below, by contacting us in writing at our registered address or email as set out in clause 11.4. We will confirm your cancellation in writing to you without delay. If you cancel a Booking under this clause, the full price of the Seminar paid by you will be refunded.
11.3 Your legal right to cancel a contract starts from the date on which you pay your deposit for your Booking, which is when the contract between us is formed.
11.4 To cancel a contract, you just need to let us know that you have decided to cancel. You may use the following cancellation notice when cancelling a contract as prescribed by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and send it to us at 125 Canterbury Road, Westgate-On-Sea, Kent, CT8 8NL:
To: Tomes Homes Strategy Ltd of 125 Canterbury Road, Westgate-On-Sea, Kent, CT8 8NL.
I/We[*] hereby give notice that I/We[*] cancel my/our[*] contract of sale of the following goods/ for the supply of the following services[*]
Ordered on/received on [*] [DATE].
Name of consumer(s).
Signature (if sent on paper)
11.5 You can also e-mail us at email@example.com. If you are e-mailing us or writing to us please include details of your order 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.
11.6 We will refund you on the credit card or debit card used by you to pay.
11.7 Subject to clause 11.2, if you cancel your Booking more than 91 days before the start date of a Seminar, there is no administration charge. If you cancel within 90 days of a Seminar date, the following administration charges will be payable:
Date of Cancellation : Cancellation Fee
61-90 days prior to start of Seminar : 25% of enrolment price
31-60 days prior to start of Seminar : 50% of enrolment price
0-30 days prior to start of Seminar : 100% of enrolment price
The administration charges reflect the initial work undertaken by us in connection with your Booking. Accordingly, you acknowledge that they do not work harshly on you.
11.8 Once We begin providing the Seminar, you may only cancel the contract by giving us written notice if:
11.8.1 We break this contract in any material way and We do not correct or fix the situation within 14 days of you asking us to in writing;
11.8.2 We go into liquidation or a receiver or an administrator is appointed over Our assets;
11.8.3 We change these Terms under clause 3.1 to your material disadvantage;
11.8.4 We are affected by an Event Outside Our Control,
and you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.
12. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
12.1 If We have to cancel a Booking before the start date for the Seminar, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Seminar. We will promptly contact you if this happens.
12.2 If We have to cancel a Booking under clause 12.1 and you have made any payment for Seminar that has not been provided, We will refund these amounts to you.
12.3 We may cancel the contract for Seminar at any time with immediate effect by giving you written notice if:
12.3.1 you do not pay us when you are supposed to as set out in clause 6.3. This does not affect Our right to charge you interest under clause 6.4; or
12.3.2 you break the contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing.
13. INFORMATION ABOUT US AND HOW TO CONTACT US
13.1 We are a limited Company registered in England and Wales. Our company registration number is 9990885 and Our registered office is at 125 Canterbury Road, Westgate-On-Sea, Kent, CT8 8NL
13.2 If you have any questions or if you have any complaints, please contact us. You can contact us by telephoning our customer service team or by e-mailing us at firstname.lastname@example.org.
13.3 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by e-mail, by hand, or by pre-paid post to 125 Canterbury Road, Westgate-On-Sea, Kent, CT8 8NL or email to email@example.com. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in the Booking.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 We will use the personal information you provide to us to:
14.1.1 provide the Seminar;
14.1.2 process your payment for such Seminar; and
14.1.3 inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting us.
14.2 You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
14.3 We will not give your personal data to any third party.
15. OTHER IMPORTANT TERMS
15.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
15.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 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 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.
15.6 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. 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.