Terms & conditions
(last amended 25/01/2018)
Eastwood Park Ltd (“Eastwood Park”) owns and operates the website eastwoodparktraining.co.uk (“Website”).Eastwood Park Ltd trading as “Eastwood Park Training” is registered in England, No. 4606025.Registered office: Winchester House, Deane Gate Avenue, Taunton, Somerset, TA1 2UH
General Terms & Conditions
This document governs your relationship with Eastwood Park (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
Registration data and account security
When you register for any services offered on the Website 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 Eastwood Park immediately of any unauthorised use of your Registration Details or account. Eastwood Park 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.
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 Service; 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 Eastwood Park 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.
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 the property of Eastwood Park or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Eastwood Park and its licensors. 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.
Terms of sale
By placing an order you are offering to purchase a product (training course) on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Delivery may vary according to trainer availability and may be subject to issues outside Eastwood Park’s control or force majeure for which we will not be responsible.
In order to contract with Eastwood Park you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Eastwood Park retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Eastwood Park or may in some cases be a third party. Where a contract is made with a third party Eastwood Park is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the training has been confirmed. Only those goods and services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order we carry out a standard authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the booking is confirmed and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
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 Eastwood Park and its 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 Eastwood Park's 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.
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.
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 Eastwood Park 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 Eastwood Park.
You agree to indemnify, defend and hold harmless Eastwood Park, 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 the Terms of Service.
Eastwood Park 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 complaints 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 and supersede any and all preceding and contemporaneous agreements between you and Eastwood Park. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Eastwood Park.
Online Booking Terms & Conditions
The following additional Terms and Conditions are Eastwood Park Limited’s Booking Conditions for training courses, as published on our Website. These become binding when a place on an Eastwood Park training course is booked and confirmed.
Cancellations, refunds and transfers
Refunds for cancellations requested by the customer will be given only if notice in writing is received, and acknowledged, by Eastwood Park. Eastwood Park shall be entitled to charge a cancellation fee as follows:
Less than 5 weeks’ notice or non-attendance - 100% of the course fee plus 100% of the accommodation charge
5 – 8 weeks written notice - 50% of the course fee
8 – 12 weeks written notice - 25% of the course fee
12 weeks + written notice - Full Refund will be given
Should a delegate wish to transfer their booking to an alternative date, the following admin charges will apply:
4 weeks or more notice - admin charge of 10% of the course fee.
Courses can only be transferred up to 4 weeks prior to the course start date. No transfers will be accepted in the 4 weeks preceding the course. Should a transferred booking be subsequently cancelled then the cancellation fees outlined above will be applied, as from the original start date of the original booking.
The course fee includes tuition, training materials, manuals (excluding Healthcare Technical Memoranda where required) and handouts as appropriate to the course. Where a course fee provides for residential accommodation, at the entire discretion of Eastwood Park, this may be either at Eastwood Park’s premises or at suitably located hotels. No refund will be payable by Eastwood Park in respect of any meal not taken by a student attending any course where such a meal is included in the course fee. Any other facilities or resources provided by Eastwood Park (at the request of a student) and not expressly stated to be included in the course fee will be charged separately and will be payable on receipt of the facility or resource, or on receipt of the Eastwood Park invoice, whichever first occurs. Where students who are non-residential choose to take an evening meal with their residential colleagues, they will be required to pay for their evening meal at the appropriate rate.
Suitability for course
It is the Customer’s responsibility, having referred to relevant Eastwood Park course information and literature including the course overview and delegate prerequisite (if any) for this course which is available to view on the website (www.eastwoodparktraining.co.uk), to ensure the course is suitable for the student’s requirements. Eastwood Park will provide the course with reasonable care and skill but makes no other warranty or representation about quality, suitability or otherwise in relation to the course or course content. Eastwood Park accepts no liability in the event that the content of the course does not meet the Customer’s or the student’s requirements.
Rescheduling a course
In extreme circumstances it may be necessary for Eastwood Park to reschedule a course upon which a booking has been made. If the rescheduled dates of the course are not convenient to the Customer, Eastwood Park’s liability will be limited only to a refund of the fees paid, if any. Eastwood Park reserves the right to change the course location.
Intellectual property and copyright
intellectual property rights, including copyright, patents, design rights and know-how in or relating to the course or course materials provided, or made available in connection with the course, remain the sole property of Eastwood Park or its licensors and no copies of course materials may be made unless expressly agreed in writing by Eastwood Park. The Customer agrees, for itself and on behalf of its Student(s), that by booking a course or courses the Customer and its Student(s) 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 (as defined below).
Security & Safety
All students will be required to abide by any site security and health and safety measures operating at the course location. Eastwood Park 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 course fees to the Customer for any course to which the individual has been denied access. If the Customer or student concerned has broken the terms of this or any other relevant Agreement, no refunds will be made.
Certificates will not be issued until full payment, together with the VAT, has been received by Eastwood Park.
Course booking notifications
Once you have made your booking for an Eastwood Park course, you will receive:
Course Information and Invoice: This provides you with your booking details and a VAT invoice.
Emailed Course Joining Instructions: These provide you with essential information about the course such as course location, start and finish times, plus accommodation location, arrival and departure dates, if this was included in the booking.