INTRODUCTION AND INTERPRETATION
1.1 We are Business Clan Ltd, a private company limited by shares, incorporated and registered in England and Wales under company number 08961744 and with registered address at 16 West Barnes Lane, West Wimbledon, London, SW20 0BU (“Business Clan”; “we”, “us” or “our”).
1.2 These Terms and Conditions (“Terms”) apply to the provision of certain public training courses that we organise and which are available to book via Eventbrite.
1.3 In these Terms, the following expressions have the following meanings:
“Booking Registration Form” is the online booking registration form on Eventbrite by means of which you request us to book certain individual(s) on the Course/s (the “Delegate(s)”);
“Course/s” means the training course/s, the details of which are set out in the Booking Registration Form;
“Fees” means the fees payable by you in relation to the Course/s as set out in the Booking Registration Form; and
“Services” means the training services, any related course materials that we will provide in relation to the Course/s and any follow up consultations (the details of which are set out in the Booking Registration Form) (the “Consultation/s”).
2.1 When you request us to book the Delegate(s) on the Course/s by completing and submitting the Booking Registration Form you are making an offer to us. Your offer is only accepted when you receive confirmation of your booking in writing (“Booking Confirmation”).
2.2 A Booking Confirmation brings into existence a legally binding contract incorporating these Terms, the Booking Registration Form and the Booking Confirmation (the “Contract”).
2.3 Where you are not an individual consumer (i.e. you are making a booking in relation to your business) you acknowledge and agree that you have authority to bind such business.
2.4 In relation to the provision of the Services and where you are not an individual consumer, the Booking Registration Form, the Booking Confirmation and these Terms constitute the entire agreement between you and us, supersedes any previous agreement or understanding and may not be varied except in writing (which shall for these purposes, subject to paragraph 13.2 below, include correspondence via email). You furthermore acknowledge that you have not relied on any statement, promise or representation made by us or on our behalf which is not set out in these Terms, the Booking Registration Form or the Booking Confirmation.
2.5 The Contract will commence on the date of the Booking Confirmation and will continue until (i) completion of the Course/s or the Consultation/s (as appropriate) or (ii) until it is terminated in accordance with paragraph 10 of these Terms.
- OUR SERVICES
3.1 We will use reasonable endeavours to ensure that the Course/s and the Services meet the description set out in the Booking Registration Form and the Booking Confirmation in all material respects. We do however reserve the right to substitute Course trainers and subject to paragraph 5.5 below, to reschedule or cancel the Course/s or to change the Course/s venue at any time prior to the Course/s.
3.2 We will provide the Services with reasonable care and skill.
3.3 All intellectual property associated with the Services (including Course materials) is entirely owned by us or our external providers and is protected by international copyright law and applicable national laws. Except as may be expressly set forth in a mutually agreed separate definitive licence agreement we do not grant any licence under our intellectual property rights to you. No part of any Course materials may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, or translated into any language, without our prior written permission. This paragraph 3.3 shall survive termination of the Contract.
- YOUR OBLIGATIONS
4.1 You will be responsible for the health and safety of any of your directors, employees or consultants who will be attending the Course/s and you confirm you have appropriate employer’s liability insurance in place.
4.2 You will ensure that any of your directors, employees or consultants who will be attending the Course/s will comply with any health and safety protocols which have been put in place by the venue where the Course/s are being held.
- CANCELLATION OF COURSE/S
5.1 Where you are an individual consumer, you have the right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013 to change your mind and end the Contract by providing us with written notice within 14 days of receiving the Booking Confirmation (the “cooling off period”) and we shall provide you with a full refund of any Fees paid (provided you have not agreed for the Course/s to take place during this cooling off period).
5.2 If you cancel your booking by notice to us in writing at least 21 days before the start of the Course/s you will be eligible for a full refund of the Fees minus an administration fee of £45 + VAT.
5.3 If you cancel your booking with at least 14 days’ but less than 21 days’ notice in writing you will be eligible for a refund of 50% of the Fees.
5.4 If you cancel your booking with less than 14 days’ notice to us in writing you will not be eligible for a refund of any of the Fees but we shall have the discretion to apply the Fees as a credit towards the payment of any other service you request us to provide (subject to availability and to our standard terms and conditions) if such service is provided within 12 months of your cancellation.
5.5 If we reschedule or cancel the Course/s or change the Course/s venue, you have a right, if you provide us with written notice within 7 days of our notification to you of the change, to cancel your booking and to receive a full refund of any fees paid.
5.6 When Delegate(s) are unable to attend the Course substitute delegate(s) who work for you can be accepted by us at no cost if you notify us in writing at least 7 days prior to the Course/s start date.
5.7 If a refund of fees is due to you under this paragraph 5 any refund will be made back to the same card you used when your booking was originally made on Eventbrite.
- FEES AND PAYMENT
6.1 You agree to pay the Fees up front when completing the Booking Registration Form via Eventbrite.
6.2 The Fees do not include travel, accommodation, meals or other related expenses.
6.3 If we accept and process your booking and the Course/s are incorrectly priced and the pricing error is obvious and unmistakeable we may terminate the Contract, refund you any Fees you have paid and cancel the Delegate(s) place on the Course/s.
- LIMIT OF LIABILITY – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS PARAGRAPH
7.1 This paragraph 7 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, consultants and sub-contractors) to you in respect of:
- any breach of the Contract; and
- any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
- All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
- Nothing in these Terms limits or excludes our liability for death or personal injury resulting from negligence or for any damage or liability incurred by you as a result of our fraud or fraudulent misrepresentation.
- Subject to paragraphs 7.2 and 7.3 we shall not be liable for loss of profits; loss of business; depletion of goodwill and/or similar losses; loss of anticipated savings; loss of goods, loss of contract; loss of use; any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
- Our entire liability under or in connection with the Contract shall not in any event exceed the amount of the Fees paid by you to us for the provision of the Services.
- PRIVACY AND DATA PROTECTION
8.1 We are committed to respecting your privacy and to protecting your personal data.
8.2 We fully endorse and will adhere to all UK data protection legislation, including the UK General Data Protection Regulation and the Data Protection Act 2018.
- FORCE MAJEURE
9.1 We shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform any of our obligations under the Contract if the delay or failure was due to any circumstances or cause beyond our reasonable control.
9.2 Without prejudice to the generality of the foregoing, circumstances beyond our reasonable control shall include an act of God, fire or accident, war or threat of war, epidemic or pandemic, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, damage, extreme adverse weather, power or equipment failure, strikes, lockouts or other industrial actions or trade disputes (whether involving our employees, agents, consultants or sub-contractors or those of a third party).
10.1 Business Clan shall have the right to terminate the booking and/or the Contract by notice to you if you:
10.1.1 fail to make any payment due to us by the due dates specified in the Booking Registration Form;
10.1.2 commit any material breach of any term of these Terms and which (in the case of a breach capable of being remedied) shall not have been remedied within five (5) days of a written request from us to remedy the same; or
- become unable to pay your debt or otherwise suffer insolvency events.
10.2 Termination in accordance with paragraph 10.1 shall be treated as a cancellation by you and you will be required to pay the cancellation sums specified in paragraph 5 (as appropriate).
- Any termination of the Contract pursuant to this paragraph shall be without prejudice to any other rights or remedies a party may be entitled to under the Contract or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
- YOUR/THE DELEGATE(S) SPECIFIC NEEDS
We aim to ensure our Course is accessible to all. If you or the Delegate(s) have any specific requirements please contact us at the earliest possible time.
We may photograph/film our Course for use in future publicity and marketing materials or for training purposes. Where we take a photograph/film and Delegate(s) are featured in an individual or small group shot we will obtain consent from the relevant Delegate(s) on the Course on the day for such photography/filming.
- Any notice or other communications to be given under the Contract shall be in writing and may be (i) delivered by hand; (ii) sent by first class prepaid recorded delivery post to the address of the addressee as set out in the Booking Registration Form or such other address (being in Great Britain) as the addressee may from time to time have notified in writing for the purpose of this paragraph or (iii) sent by email to the relevant email address stated in the Booking Registration Form (or such other email address as the addressee may from time to time have notified for that purpose).
- Communications shall be deemed to be received: (i) if delivered by hand at the time of delivery, (ii) if posted three (3) working days after posting and (iii) if sent by email the date the email is acknowledged as received by the other party in writing.
- The provisions of this paragraph shall not apply to the service of any proceedings or other documents in any legal action.
14.1 You shall not (except with our prior written consent) during the term of this Contract, and for a period of six (6) months thereafter, directly or indirectly, on your own behalf or on behalf of any other person or entity, hire or solicit to hire for employment or consulting or other provision of services, any person who is actively employed or engaged (or in the preceding six months was actively employed or engaged) by us and with whom you have had regular dealings during the twelve (12) months immediately preceding the termination of the Contract. This includes, but is not limited to, inducing or attempting to induce, or influencing or attempting to influence, any person employed or engaged by us to terminate his or her relationship with us.
14.2 This paragraph 14 shall survive termination of the Contract.
- We may employ sub-contractors for carrying out any part of the Services and shall be entitled at all times in our absolute discretion to decide which of our employees, agents, consultants or sub-contractors shall provide the Services on our behalf.
- No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be waiver of that right and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
- The Contract shall not establish or constitute any relationship of partnership, joint venture, franchise or agency between the parties except as otherwise expressly provided or agreed and neither party shall have the power to bind the other without the other’s prior written consent.
- You shall not assign, transfer or deal with in any other manner all or any of your rights or obligations under this Contract without our prior written consent. References to you include your personal representatives, permitted origins and successors in title. You warrant your power to enter into the Contract and have obtained all necessary approvals to do so.
- Except as expressly provided the parties do not intend any term of this Contract to create any rights or benefits to any other party other than the parties to the Contract or to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 (the “Act”) but this does not affect any right or remedy of any third party which exists or is available apart from the Act.
- If any provision of the Contract or these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall not affect the other provisions of the Contract and these Terms which shall remain in full force and effect.
- Unless the context otherwise requires, words importing the singular shall include the plural and vice versa; words importing the masculine gender shall include the feminine gender and vice versa; and references to persons shall include bodies of persons whether corporate or incorporate.
- Headings are inserted for convenience only and shall not affect the construction or interpretation of these Terms.
- The law of England and Wales shall apply to the Contract and these Terms, and each party irrevocably submits to the exclusive jurisdiction of the English courts.