1.1 In these terms and conditions of business:-
Acceptance of Order means Back2Life's written acceptance of an Order howsoever communicated
Back2Life means Back to Life Limited whose registered address is 125 Woodlands Road, Little Bookham, Leatherhead, Surrey KT23 4HN with company number 4410083
Client means the person, entity or organisation to whom Back2Life is to provide Services and/or sell Goods as identified in the Acceptance of Order
Consumer means a Client who is a non-trading natural person
Contract means a contract subject to and incorporating these terms and conditions for the supply of Services and/or sale of Goods pursuant to Back2Life's Acceptance of Order
Goods means any goods sold or supplied by Back2Life pursuant to a Contract other than Materials
Materials means any materials provided by Back2Life in association with delivery of the Services
Order means an order for the sale of Services and/or Goods however so communicated to Back2Life
Order Form means the pro forma order form found on the Website
Services means the provision of training courses by Back2Life pursuant to its acceptance of an Order
Website means Back2Life's website at www.back2life.co.uk
Working Days means days on which banks are open for business in the City of London
2. FORMATION OF CONTRACT
2.1 No contract exists between the Client and Back2Life for the supply of any Services and/or the sale of any Goods until Back2Life has issued an Acceptance of Order to the Client.
2.2 Back2Life shall not be liable to perform its obligations under a Contract until the Client has confirmed in writing that it has received the Acceptance of Order.
2.3 Orders can be placed by telephone, fax, e-mail, by post to Back2Life's registered office address, completing an Order Form or such other method as Back2Life may accept in its absolute discretion.
2.4 No Contract shall constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between Back2Life and the Client other than the contractual relationship expressly provided for in these terms and conditions.
3. CONSUMERS' RIGHT OF CANCELLATION
3.1 A Client who is a Consumer (but no other Client) has the right to cancel a Contract at any time up to the end of seven Workings Days after formation (where the Contract is for provision of Services) or seven Working Days after receiving Goods (where the contract is for the sale of Goods).
3.2 To cancel a Contract the Consumer must within the relevant period give written notice to Back2Life by post, fax or email at the address, fax or email address shown at the end of these terms and conditions.
3.3 The Client must return any Goods to Back2Life at their own cost and must take all reasonable care to ensure that the Goods are not damaged.
3.4 Once the Client has notified Back2Life that they are exercising their right to cancel the Order, Back2Life will refund or re-credit to the Client within 30 days any sum that has been paid by the Client.
3.5 If the Goods are not returned as required, Back2Life may charge the Client a sum exceeding the direct costs of recovering the Goods.
4. PROVISION OF SERVICES
4.1 Back2Life shall subject to these terms and conditions provide Services to the Client at the venue chosen by the Client as indentified in the Acceptance of Order.
4.2 Any changes or additions to the Services ordered or to these terms and conditions must be agreed in writing by Back2Life and the Client.
4.3 The Services shall be provided in accordance with the Back2Life's current brochure and/or other published literature relating to the Services from time to time, subject to these terms and conditions.
4.4 Back2Life may at any time without notifying the Client make any changes to the Services which are necessary to comply with any applicable safety or other statutory requirements or which do not materially affect the nature or quality of the Service.
5.1 Payment shall be made by cheque, credit card or BACS.
5.2 For Services booked less that one week before proposed delivery date, payment shall be made at the time of booking.
5.3 Back2Life shall be entitled to vary their charges from time to time by giving not less than 14 days written notice to the Client.
5.4 All charges quoted to the Client for the provision of the Service are valid for 30 days from the date of the quote until acceptance.
5.5 Invoices are due for payment immediately upon receipt.
5.6 Back2Life reserves the right to charge interest, at the rate of 4% over Barclays Bank Plc from time to time, on the amount unpaid after thirty days from date of the invoice.
6. GROUPS (AT BACK2LIFE'S TRAINING CENTRE OR AT YOUR SPECIFIED VENUE)
6.1 Provisional booking for groups made by telephone can only be held for 7 days.
6.2 For individual's booking on to a Service, a place cannot be guaranteed until payment is received in full.
6.3 Fees for providing Services at a venue specified by the Client, shall remain subject to an additional charge of 45 pence per mile. Back2Life shall endeavour not to raise such a charge if the relevant distance to be travelled does not exceed 50 miles in total.
7. CANCELLATION BY CLIENT
7.1 All cancellations by the Client must be made in writing to Back2Life.
7.2 No fee shall be payable by the Client provided that not less than 28 days' written notice prior to the commencement of the Service is given to Back2Life.
7.3 Back2Life reserves the right to charge for administration costs incurred as follows.
If less than 28 days written notice is given, the Client must pay the following charge:-
7.4 At the sole discretion of Back2Life Services may be postponed to a later date rather than be cancelled.
8. CANCELLATION BY BACK2LIFE
8.1 Whilst every attempt is made to ensure that the advertised Services take place, Back2Life reserves the right to cancel or postpone any Service. In such circumstance, Back2Life shall inform the Client as soon as practicable and the Client shall be offered a choice of:-
8.2 Back2Life shall not be liable to the Client or be deemed to be in breach of contract by reason of any delay in performing or failing to perform any of Back2Life's obligations in relation to the Service if the delay in performing or failure to perform is due to any cause beyond Back2Life's reasonable control.
9. FAILURE TO ATTEND
9.1 If a student fails to attend any part of the course on which a place has been reserved, fees in respect of that student will be payable by the Client in full. It will be the sole discretion of Back2Life whether an alternative date is offered to enable the student to complete the course or a remaining part of the course. However, if the course on which a place has been reserved for a student has not yet commenced, a substitute student may be nominated by the Client for that course.
9.2 At the sole discretion of Back2Life if an insufficient number of students attend a course, the course or part of the course may be postponed or cancelled.
10.1 Back2Life must be informed of any special requirements for students prior to the start of the course. The Client must ensure that student(s) placed on any of the Services must be free from any ailment, condition or injury that will affect their ability to participate in the course.
10.2 If during a course a student is considered to be unsuitable to take part in the course, that student will no longer be able to continue with the course. In such circumstances, it shall be Back2Life sole discretion whether a substitute student may be nominated by the Client for that course.
10.3 Any venue chosen by the Client must be a suitable training room with adequate lighting, ventilation and enough space to carry out practical work in accordance with the group size.
11. HEALTH AND SAFETY
The Client is required to ensure compliance with all applicable legislation, regulation, codes of practice and guidance laid down by the Health and Safety Executive or otherwise with regard to the suitability of any venue chosen by the Client.
12.1 Back2Life warrants to the Client that it shall use reasonable skill and care when providing Services.
12.2 Back2Life may use equipment supplied by a third party during the Service but Back2Life does not give any warranty or guarantee as to such equipment's quality, fitness for purpose or otherwise nor does it give any such warranty or guarantee in respect of any Materials.
12.3 Back2Life shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival or any other fault of the Client.
12.4 Back2Life shall not be liable to the Client, employees of the Client or any third party for any loss, damage, expense or delay of any kind by any act, default or omission howsoever caused except insofar as such liability cannot be excluded by law.
12.5 Except in respect of death or personal injury caused by Back2Life's negligence, Back2Life shall not be liable to the Client by reason of any representation (unless fraudulent) or any implied warranty or condition, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Back2Life, its servants or agents or otherwise) which arise out of or in connection with the provision of the Service or its use by the Client and/or any attendee.
12.6 Back2Life's total liability to the Client in respect of any costs or losses directly associated with the Services shall in no circumstance exceed in aggregate an amount equal to the total sums paid by the Client in relation to that Service.
13.1 The copyright, design right and all other intellectual property rights in any Materials shall belong to Back2Life absolutely and shall remain Back2Life's sole property.
13.2 The Client shall be entitled to use any such Materials in connection with the Services but shall not be entitled to copy any such items or use them for any commercial purpose.
14. SALE OF GOODS
14.1 Description - All images, descriptions, specifications and advertisement are for the sole purpose of giving an approximate description of the Goods. All prices quoted are exclusive of VAT. Except where the Client is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or conditions of the Goods whether implied by Statute, Common Law or otherwise are excluded.
14.2 Payment Method - Payments by cheque, invoice or cash in pound sterling are acceptable however Goods will not be dispatched until the cheque has been cleared. Credit accounts may be available on request subject to bank reference and other conditions. Any cash sent is at the Clients own risk. All invoices must be paid in full within 30 days of the invoice date.
14.3 Availability of Goods - All Goods are subject to availability and may be withdrawn at any time and Back2Life will arrange for the order to be cancelled.
14.4 Delivery - The Goods shall be delivered to the address given when the Order was placed, if delivery cannot be made to the address provided, Back2Life shall notify the Client as soon as possible. The time of delivery shall not be of the essence and Back2Life shall not be liable for any losses, costs, damages or expenses incurred by the Clients or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
14.5 Title of Ownership - Title of ownership of any Goods invoiced and delivered will not pass to the Clients until all Goods supplied have been paid for in full. Until such time that payment has been received, the Client holds the Goods in good condition and easily identifiable on behalf of Back2Life.
14.6 Time Limitations for Notification of Claims - Any damage identified on opening the package and incorrect Goods received must be notified to Back2Life in writing within 3 days of delivery. Back2life will not accept any liability for Goods lost in transit unless Back2Life are notified within 5 days from the expected delivery date. Returned Goods are subject to a 10% administration charge. Credit will not be given if the returned Goods are, in Back2Life's opinion, are in an unsalable condition.
14.7 Liability - Except in respect of death, or personal injury resulting from negligence on part of Back2Life, Back2Life's cumulative liability for any loss or damage shall be limited to the cost of any Goods supplied. Back2Life shall not be liable for any loss of profit, business, contracts, revenues, or anticipated savings any special, indirect, or consequential damages of any nature whatsoever, resulting from any act or omission on Back2Life's part or any other person authorised by Back2Life. It is the Clients' responsibility to ensure that the equipment is used and operated only as specified in the user manuals and/or guides supplied with the equipment. It is the Clients' responsibility to ensure that the Client and any other potential or actual users of the Goods are adequately and appropriately trained to use the Goods.
14.8 Warranty - Where Back2Life is not the manufacturer of the Goods, Back2Life shall use its reasonableness endeavours to transfer to the Client the benefit of any warranty or guarantee given to Back2Life.
15. DATA PROTECTION
15.1 Back2Life will take all reasonable precautions to keep Client, Contract and payment details secure but unless Back2Life is negligent, Back2Life will not be liable for unauthorised access to information supplied by the Client.
15.2. Back2Life will only use the information provided for the purpose of fulfilling the Contract unless agreed otherwise.
16.1 These terms and conditions constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions expressed or implied by statute or otherwise are excluded to the fullest extent permitted by law.
16.2 Any notice required or permitted to be given by either party to the other under these terms and conditions shall be in writing addressed to the other party at the address provided at the time of placing the Order.
16.3 No failure or delay by Back2Life in exercising any of its rights under a Contract shall be deemed to be a waiver of that right and no waiver by Back2Life of any breach of contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
16.4 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provisions shall not be affected.
16.5 The validity, construction and performance of this contract shall be governed by English Law and shall be subject to the exclusive jurisdiction of the English courts
16.6 Back2Life shall not be liable to the Client under the Contract and/or under these terms and conditions in any way whatsoever for destruction, damage, delay or inability to carry out its business arising out of war or civil commotion, strikes, lockout, and industrial disputes, failure of utility service or transport network, fire, storm, explosion, floods or bad weather or any act of God or default of suppliers or sub-contractors.
16.7 Natural persons must be aged 18 or over at the time of placing an Order.
16.8 For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.