Terms & Conditions for the Booking of Training Services
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.
- 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.
- 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:
- the terms of the Order are complete and accurate;
- it cooperates with EWP in all matters relating to the Services;
- 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;
- 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;
- 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;
- 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
- 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):
- 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);
- 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
- 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:
- 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;
- the Customer fail to pay any amount due under the Contract on the due date for payment;
- 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;
- 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
- 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:
- EWP will contact the Customer as soon as reasonably possible to notify the Customer; and
- 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:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; and
- 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:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of use or corruption of software, data or information;
- wasted expenditure;
- loss of or damage to goodwill; and
- 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.
- 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:
- 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
- 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.
- Personal Data
- EWP will use any personal information provided by the Customer to:
- provide the Services;
- 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
- 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.
- 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.
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
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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.
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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].
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- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
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- In any way that involves child sexual exploitation or abuse.
- To upload terrorist content.
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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.
- 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.
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.
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.
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.
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.
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.
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?
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.