Terms & Conditions for the Booking of Training Services

1. Definitions

EWP means Eastwood Park Limited whose registered office is in England, No. 4606025. Registered office: Winchester House, Deane Gate Avenue, Taunton, Somerset, TA1 2UH trading as “Eastwood Park Training.”

Booking means the confirmed Order for the provision of Services.

Customer means the company or person procuring services from EWP.

Order means the online or written order sent by the customer for the supply of Services by EWP which may include purchase orders, faxes, emails and all other forms of written confirmation sent either electronically or by post.

Services means the training courses and services or such other services as specified on the Order provided by EWP to the Customer.

Intellectual Property Rights means any trademark or service, copyright, design, or other industrial or intellectual property right.

Terms means these terms and conditions as set out in this document.

2. Contract

These Terms apply to the Order, Booking and EWP’s supply of Services (Contract). They apply to the exclusion of any other terms that the Customer seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
The Contract is the entire agreement between EWP and the Customer in relation to its subject matter. The Customer acknowledges that it has not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

3. Booking Acceptance

Each Order is an offer by the Customer to buy the Services specified in the Order subject to these Terms.
No Booking will exist until an Order has been accepted in writing by EWP at which time a contract will come into force.
EWP owns and operates the website eastwoodparktraining.co.uk (“Website”). For Orders made online via the Website (Online Orders) the Customer should follow the onscreen prompts to make a Booking.
Where EWP is acting in an ‘agent’ capacity for services delivered by a third-party organisation, EWP shall inform the Customer. The Customer accepts that the ultimate liability for the services delivered rest solely with that third party organisation. The customer accepts that EWP will endeavour to manage their responsibilities as a booking agent, but will not hold EWP responsible or any loss or damage caused by the third-party organisation that provided the service(s) where EWP acted as an agent.
If EWP is unable to supply the Services for any reason, it will inform the Customer and the Order will not be processed and no Booking made. If the Customer has already paid for the Services, EWP will refund the Customer the full amount.

4. Prices & payment

Prices quoted do not include VAT which will be added to the invoice or Order total for Online Orders.
Prices quoted will be EWP’s current prices as displayed on the Website or as provided in EWP’s quotation.
EWP reserves the right to review and change prices and discount levels prior to the commencement of any Contract.
For Orders placed via Purchase Order, by phone or by email unless otherwise stated on the invoice payment will be due in full 30 days upon receipt of invoice which will be issued at the point of Booking.
Payment will be taken immediately for Online Orders and payment methods shall be displayed on the Website.
Where a customer fails to pay for the Services in full before the commencement date the Booking will be forfeited and the cancellation/rescheduling terms below will apply.
Certificates for the Customer’s or its staff’s completion of the Services will only be issued if full payment in clear funds has been received.
Should the Customer fail to make a payment under the Contract by the due date, EWP reserves the right to claim statutory compensation and interest from the due date until payment of the overdue sum under the late payment legislation. EWP shall also be entitled to recover any debt recovery costs. EWP
It is always possible that, despite EWP’s reasonable efforts some of the Services on EWP’s Website or in EWP’s quotations or marketing materials may be incorrectly priced. Where the correct price for the Services is less than the price stated on EWP’s site, EWP will charge the lower amount and if the correct price for the Services is higher than the price stated on EWP’s Website or as otherwise quoted by EWP, it will contact the Customer as soon as possible to inform it of this error and EWP will give the Customer the option of continuing to purchase the Services at the correct price or cancelling the Order. EWP will not process the Order until it has the Customer’s instructions. If EWP is unable to contact the Customer using the contact details the Customer provided during the Order process, EWP will treat the Order as cancelled and notify the Customer in writing. However, if EWP mistakenly accepts and processes an Order where a pricing error is obvious and unmistakable and could reasonably have been recognised by the Customer as a mispricing, EWP may cancel supply of the Services and refund any sums the Customer has paid.
EWP may carry out its standard checks on business customers which the Customer accepts and agrees to by placing an Order with EWP. If these checks are completed to EWP’s satisfaction, it may (in its sole discretion) offer the Customer a credit account. The Customer accepts that any credit account will be under continued review by EWP which may reduce, amend or withdraw a customer’s credit facility at any time.
In the event the Customer reaches its credit facility limit, or if any payment is not received when due, payment of any outstanding Orders and invoices will be required before further Orders can be placed.

5. Services

Any descriptions or illustrations on the Website or in EWP’s marketing materials are published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of the Contract or have any contractual force.
Subject to EWP’s right to amend the Services (see clause 3) it will supply the Services to the Customer in accordance with the course description for the Services appearing on the Website or other materials at the date of the Customer’s Order in all material respects.
EWP reserves the right to amend the content of any of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.
EWP warrants that the Services will be provided using reasonable care and skill.
EWP will use all reasonable endeavours to adhere to any Services dates specified in the Order, but reserves the right in its sole discretion to move the date of the Services.
EWP makes no other warranty or representation about quality, suitability or otherwise in relation to the course content of its Services. EWP shall not be responsible nor liable to the Customer or its staff in the event that the content of the Services does not meet the Customer’s or the delegates expectations or requirements.

6. Customer Obligations

The Customer shall ensure:
1. the terms of the Order are complete and accurate;
2. it cooperates with EWP in all matters relating to the Services;
3. if EWP is providing the Services on the Customer’s site (Site) it will provide EWP and its employees, agents, consultants and subcontractors, with access to the Customer’s premises, office accommodation and other facilities as it may reasonably require;
4. it provides EWP with such information and materials it may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
5. it prepares its Site and any premises for the supply of the Services and ensure the correct teaching area and resources are available and that the activities associated with the Services can be carried out in a safe manner;
6. it obtains and maintains all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start; and
7. it complies and shall procure that it’s employees, agents, consultants and subcontractors with all applicable laws, including health and safety laws and ensure that any relevant paperwork required by EWP is returned completed and signed before the Services date.
If EWP’s ability to perform the Services is prevented or delayed by any failure by the Customer to fulfil any obligation listed in clause 1 (Default):
1. EWP will be entitled to suspend performance of the Services until the Customer remedies the Default, and to rely on the Default to relieve EWP from the performance of the Services, in each case to the extent the Default prevents or delays performance of the Services. In certain circumstances the Default may entitle EWP to terminate the Contract under clause 10 (Termination);
2. EWP will not be responsible for any costs or losses the Customer sustains or incurs arising directly or indirectly from EWP’s failure or delay to perform the Services; and
3. it will be the Customer’s responsibility to reimburse EWP on written demand for any costs or losses its sustains or incurs arising directly or indirectly from the Default.
EWP shall and shall procure that it’s staff shall abide by any site security and health and safety measures operating at the course location. EWP reserves the right to deny anyone access to its premises or courses if, in its absolute discretion, it deems it appropriate to do so for any reason. Its sole responsibility in those circumstances will be to refund the Services fees to the Customer for any Services to which the individual has been denied access. If the Customer or its staff breach these Terms of this or any other relevant agreement, no refunds will be made.
It is the responsibility of the Customer to ensure that any of its staff attending a course under the Services meets the criteria for the course. If at the start of the course EWP is not satisfied that the criteria have been met by any of the Customers staff, EWP reserve the right to remove such staff form the course and no refund will be due.

7. Customer Cancellation/Rescheduling

In the event the Customer wishes to cancel or transfer a Booking the following cancellation/transfer charges shall apply:
- For cancellations or transfers received less than 21 calendar days’ notice of the Services date or non-attendance – 100% of the course fee shall be payable.
- For cancellations received 21 – 60 calendar days before the Services date – 50% of the course fee shall be payable.
- For cancellations received more than 60 calendar days before the Services date a full Refund will be paid to the Customer.

Should the Customer wish to transfer their booking to an alternative Services date, and if such transfer is acceptable to EWP then EWP may charge an admin fee equivalent to 10% of the fees paid or payable for such Services.
In the event a transferred Booking be subsequently cancelled by the Customer then the cancellation fees outlined above will apply.

8. EWP Training Cancellation/Rescheduling

On rare occasions it may be necessary for EWP to reschedule the Services for which a Booking has been made. If the rescheduled dates for the Services are not suitable for the Customer, EWP’s total liability to the Customer will be limited only to a refund of the fees paid for the Services, if any. EWP reserves the right to change the course location.

9. Intellectual property rights

All intellectual property rights, including copyright, patents, design rights and know-how in or relating to the Services remain the sole property of EWP or its licensors and no copies of course materials may be made unless expressly agreed in writing by EWP. The Customer agrees, for itself and on behalf of its staff that by placing a Booking the Customer and its staff) will agree to be bound by, and will comply with, any licences and agreements applicable to course materials and/or the means of delivery of course materials and Services.
EWP grants the Customer and its staff attending the Services a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to copy the deliverables specified in the Customer’s order for the purpose of receiving and using the Services and such deliverables in the Customer’s business. The Customer may not sub-license, assign or otherwise transfer the rights granted in this clause.

10. Termination, consequences of termination and survival

Without limiting any of EWP’s other rights, EWP may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to the Customer if:
1. the Customer commits a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7days of the Customer being notified in writing to do so;
2. the Customer fail to pay any amount due under the Contract on the due date for payment;
3. the Customer take any step or action in connection with the Customer entering administration, provisional liquidation or any composition or arrangement with the Customer’s creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, 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 the Customer’s assets or ceasing to carry on business;
4. the Customer suspends, threatens to suspend, cease or threatens to cease to carry on all or a substantial part of the Customer’s business; or
5. the Customer’s financial position deteriorates to such an extent that in EWP’s opinion the Customer’s capability to adequately fulfil the Customer’s obligations under the Contract has been placed in jeopardy.

11. Consequences of termination

Termination of the Contract will not affect the Customer’s or EWP’s rights and remedies that have accrued as at termination.
Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

12. Events outside EWP’s control

EWP will not be liable or responsible for any failure to perform, or delay in performance of, any of EWP’s obligations under the Contract that is caused by any act or event beyond EWP’s reasonable control (Event Outside Control).
If an Event Outside Control takes place that affects the performance of EWP’s obligations under the Contract:
1. EWP will contact the Customer as soon as reasonably possible to notify the Customer; and
2. EWP’s obligations under the Contract will be suspended and the time for performance of EWP’s obligations will be extended for the duration of the Event Outside Control. EWP will arrange a new date for performance of the Services with the Customer after the Event Outside Control is over.
The Customer may cancel the Contract affected by an Event Outside Control which has continued for more than 90 days. If the Customer opts to cancel EWP will refund the price the Customer have paid for the Services, less the charges reasonably and actually incurred EWP by in performing the Services up to the date of the occurrence of the Event Outside Control.

13. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

The limits and exclusions in this clause reflect the insurance cover EWP have been able to arrange and the Customer are responsible for making its own arrangements for the insurance of any excess loss.
Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
1. death or personal injury caused by negligence;
2. fraud or fraudulent misrepresentation; and
3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Subject to clause 13.2, EWP will not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
1. loss of profits;
2. loss of sales or business;
3. loss of agreements or contracts;
4. loss of anticipated savings;
5. loss of use or corruption of software, data or information;
6. wasted expenditure;
7. loss of or damage to goodwill; and
8. any indirect or consequential loss.
Subject to clause 13.2, our total liability to the Customer arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total fees paid for the Services under the Contract.
EWP have given commitments as to compliance of the Services with the relevant specification in clause 5. In view of these commitments, the terms implied by sections 3, 4] and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
Nothing in these Terms limits or affects the exclusions and limitations set out in EWP’s [LINK TO WEBSITE TERMS AND CONDITIONS OF USE].]
This clause 13 will survive termination of the Contract.

14. Confidentiality

Both parties undertake that EWP will not at any disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, or information provided as part of the Services except as permitted by clause 14.2.
EWP each may disclose the other’s confidential information:
1. to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. EWP will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 14; and
2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
Each party may only use the other’s confidential information for the purpose of fulfilling their respective obligations under the Contract.

15. General

Personal Data
1. EWP will use any personal information provided by the Customer to:
2. provide the Services;
3. process your payment for the Services; and

inform you about similar [products or] services that we provide, but you may stop receiving these at any time by contacting us.

EWP will process any personal data provided to it by the Customer as set out in its Privacy Notice: Found here.

Assignment and transfer
1. EWP may assign or transfer its rights and obligations under the Contract to another entity but will always notify the Customer in writing or by posting on the Website if this happens.
2. The Customer may only assign or transfer its rights or its obligations under the Contract to another person if EWP agree in writing.
Any variation of the Contract only has effect if it is in writing and signed by the Customer and EWP (or our respective authorised representatives).
If EWP does not insist that the Customer perform any of its obligations under the Contract, or if EWP does not enforce its rights against the Customer, or if EWP delays in doing so, that will not mean that EWP has waived its rights against the Customer or that the Customer does not have to comply with those obligations. If EWP does waive any rights, EWP will only do so in writing, and that will not mean that EWP will automatically waive any right related to any later default by the Customer.
Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Third party rights. The Contract is between the Customer and EWP. No other person has any rights to enforce any of its terms.
Governing law and jurisdiction. The Contract is governed by English law and the parties irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.

Website Terms of Use

Company information

Eastwood Park Ltd (“Eastwood Park/We/Our/Us”) owns and operates the website eastwoodpark.co.uk (our Website) Eastwood Park Ltd is registered in England, No. 4606025.Registered office: Winchester House, Deane Gate Avenue, Taunton, Somerset, TA1 2UH

By using our Website you accept these terms

These terms tell you the rules for using our website. By using our Website, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our Website.

We recommend that you print a copy of these terms for future reference but note that these terms may be updated by us from time to time. You should check this page regularly to ensure you understand the terms which apply at the time.

You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our Website:

Our Privacy Policy https://www.eastwoodpark.co.uk/privacy-notice/. See further details below.
which sets out information about the cookies on our Website.

If you book training with us or book a stay at our Country House from our Website, our Terms and conditions will apply to your booking.

[SEE ABOVE]

[SEE HERE]

We may make changes to our Website

We may update and change our Website from time to time to reflect changes to our services, our users’ needs and our business priorities.

We may suspend or withdraw our Website

Our Website is made available free of charge.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Location of Use

Our Website is only for users in the UK.

Our Website is directed to people residing in the United Kingdom. We do not represent that content available on or through our Website is appropriate for use or available in other locations.

Linking

This Website may contain links to other websites (the “Linked Sites”), which are not operated by us. We have no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Registration data and account security

When you register for any services offered on the Website or on our accommodation booking portal requiring registration, you are asked to provide specific information as set out in the registration form (“Registration Details”). You must provide accurate Registration Details and update your Registration Details as necessary so that they maintain their accuracy. You must keep your password and identification details secure and you are fully responsible for all use of your account and for any actions that take place using your account.

You must not allow others to use your Registration Details or account, and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify us immediately of any unauthorised use of your Registration Details or account. We will not be liable for any losses arising out of the unauthorised use of your Registration Details and/or account and you agree to indemnify and hold harmless Eastwood Park for unauthorised uses of your account.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [EMAIL OR CONTACT DETAILS].

Privacy policy

Our privacy policy, which sets out how we will use your information, can be found at https://www.eastwoodpark.co.uk/privacy-notice/. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Website; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Website or any services provided via, or in relation to, our Website. This includes using (or permitting, authorising or attempting the use of):

Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same.
Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Intellectual property, software and content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains our property or that of our licensors and are protected by copyright laws and treaties around the world. All such rights are reserved.

You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Disclaimer of liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law we and our suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect our liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Do not rely on information on this Website

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.

Linking to this website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

We are not responsible for websites we link to

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Disclaimer as to ownership of trade marks, images of personalities and third-party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to us.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the Website, including to social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.

How to complain about or report content

If you become aware of any material that is illegal or could comprise or be connected to child sexual abuse or exploitation or could comprise terrorist content or be connected to terrorism, please contact us immediately on [HYPERLINK TO CONTACT US DETAILS].

If you wish to complain about any other content, please contact us on [HYPERLINK TO CONTACT US DETAILS].

Prohibited uses

You may not use our Website:

In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To bully, insult, intimidate or humiliate any person.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
In any way that involves child sexual exploitation or abuse.
To upload terrorist content.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of these terms
Not to access without authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Website; or
- any equipment or network or software owned or used by any third party.

Content Standards

These Content Standards apply to any and all material which you contribute to our Website or share with us in a Contact Us style Form or via any Chat facility (Contribution).

These Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in its discretion, whether a Contribution breaches these Content Standards.

A Contribution:

Must be accurate (where it states facts).
Only contain opinions that are genuinely held.
Must comply with the law applicable in any country from which it is posted and to which the website is targeted.

A Contribution must not:

Be defamatory of any person.
Be obscene, offensive, hateful or inflammatory.
Bully, insult, intimidate or humiliate.
Encourage, promote or provide instructions for deliberate self-harm.
Encourage, promote or provide instructions for suicide.
Encourage, promote or provide instructions for an eating disorder or behaviours associated with an eating disorder.
Promote sexually explicit material.
Include child sexual abuse material.
Incite violence or hatred against particular groups.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Include content that would be considered a criminal offence under laws relating to terrorism, child sexual abuse material, racism or zenophobia.
Infringe any copyright, database right or trade mark of any other person.
Include video content that has been or would be likely to be given an R18 certificate by the British Board of Film Classification (BBFC).
Include video content not suitable for BBFC classification.
Include material that might impair the physical, mental or moral development of persons under the age of 18.
Be likely to deceive any person.
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Contain illegal content or promote any illegal content or activity.
Be in contempt of court.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person.
Give the impression that the Contribution emanates from Eastwood Park if this is not the case.
Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
Contain any advertising or promote any services or web links to other sites.

For the avoidance of doubt, for any Contribution in the form of video content:

You must tell us immediately, if you upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).
You must not upload a video containing harmful material.
You must not upload a video containing advertising for any of the following:
cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or
for alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol.
Any advertising included in a video you upload must not:
prejudice respect for human dignity;
include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
encourage behaviour prejudicial to health or safety;
encourage behaviour grossly prejudicial to the protection of the environment;
cause physical, mental or moral detriment to persons under the age of 18;
directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
exploit the trust of such persons in parents, teachers or others; or
unreasonably show such persons in dangerous situations.
You must use the functionality provided on our Website to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.

Breach of these terms

When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate.

Failure to comply with our Content Standards constitutes a material breach of these website terms and conditions upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our Website.
Immediate, temporary or permanent removal of any Contribution uploaded by you to our Website.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Indemnity

You agree to indemnify, defend and hold harmless us, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of these Website Terms of Use.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of booking [INSERT LINKS TO TRAINING AND BOOKING TERMS AND CONDITIONS].

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our Website; or
use of or reliance on any content displayed on our Website.

In particular, we will not be liable for:

loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Variation

We shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire agreement

The above Terms of Service constitute the entire agreement of the parties in respect to the use of the Website and supersede any and all preceding and contemporaneous agreements between you and us. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of us.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Our trade marks

The EASTWOOD PARK TRAINING and EASTWOOD PARK COUNTRY HOUSE logos are trade marks of Eastwood Park. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under these terms.