Terms & Conditions
The Endo Guys
BOOKING TERMS & CONDITIONS
These Terms and Conditions are provided by The Endoguys Limited a company registered in England and Wales (company number …………), the registered address being ……………………………… (“us”, “we”, the “Company”).
These Terms and Conditions govern the provision of our services, the booking and provision of our course(s) and will form the basis of the contract between us and you. Before submitting your order or by making payment, completing the booking form, arranging a course ensure that you have read these Terms and Condition carefully. You agree that these Terms shall apply to your Order, the contract, your treatment and/or the Services and you undertake not to introduce or purport to introduce or rely on any terms and conditions other than these Terms.
Nothing provided by us including, but not limited to, information given over the telephone, sales and marketing literature, price lists and other information constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our discretion, accept.
A legally binding contract between us and you will be created upon our acceptance of your order, indicated by our confirmation.
Your order must be made within 7 days of us sending to you the Proposal. The details of the Proposal may be changed or withdrawn at our discretion at any time prior to confirmation of your order.
These Terms and Conditions shall apply to the booking agreement to the exclusion of all other terms and conditions.
All invoices are subject to the Late Payment of Commercial Debts (Interest) Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002, by which any payment made more than 30 days after submission of an invoice is subject to interest at Bank of England base rate plus 8 per cent for each day that payment is late, and compensation as laid down in the Act and Regulations. There shall also be an additional 5% management fee applied for additional work incurred.
By completing the booking agreement, you are agreeing to the cancellation policy as detailed below. If for any reason, you would like to cancel any bookings you have made with us, it will be necessary for you to inform us in writing.
If you cancel or postpone a course (where a date change is not accepted by us), received 45 working days or more before the training event, a refund will be made, minus any non-refundable deposits. If you cancel or postpone an event less than 45 days before the course, a refund will not be made unless agreed otherwise in writing by us. You agree to pay for all costs and expenses incurred by the Company in respect of your booking irrespective of any cancellation and/or postponement.
Intellectual Property Rights
All intellectual property rights and other rights (including without limitation know-how, copyright, database rights, trademarks and designs, whether registered or unregistered) (together “the Rights”) in and to the training and its contents (which for the avoidance of doubt shall include without limitation all materials, commentary and information provided for, contained in or available from the training) (together “the Contents”) are owned by the Company.
You acknowledge that all Rights in the Contents are owned by the Company. You acknowledge that all such Rights existing now or arising in the future shall automatically, on creation, vest in the Company absolutely. To the extent that they do not vest automatically, you hereby assign all such past, present and future Rights to the Company and, to the extent that it is necessary, you shall execute an assignment in favour of the Company of any and all rights which may have accrued to you through your use of the Contents or otherwise.
You shall not knowingly do anything which adversely affects such Rights. For the avoidance of doubt and without limitation, you must not:
- exploit, use or disclose any part of the Contents for any purpose other than for internal non-commercial purposes in accordance with this Agreement;
- alter, adapt, or amend the Contents except as permitted by law;
- re-produce, copy or deal in the Contents (in whole or in part) in any way.
Course Content & Use
The rights in and to the course content are licensed to you on a non-exclusive basis and the rights are not transferrable and for use only subject to the payment of the course fees. They are to be used for your use of the courses.
You may use our services only for lawful purposes. You may not use our services:
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 send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards or that of the relevant course provider and/or relevant platform; 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.
You also agree not to re-produce, duplicate, copy or re-sell any part of our services in contravention of the provisions of our Terms and Conditions.
You agree for a period of one year following the training event, not to solicit or induce any officer, employee, agent, facilitator or contractor of the Company involved with the training to terminate their employment or engagement with the Company.
All requests to retain the services of any agent, facilitator or contractor of the Company for future training or other purposes shall be made to and arranged through the Company directly. You shall not approach or contact any agent, facilitator or contractor of the Company directly to undertake further training or any other work.
Protection of confidential information
You undertake that you will not at any time hereafter use or disclose to any person, except to its professional representatives or as may be required by law or any legal or regulatory authority, any confidential information concerning the business, products, services or affairs of the Company which may have or may in the future come to its knowledge. You shall not use any such confidential information except for the purpose of the training referred to in the booking agreement or make any announcement relating to such training or its subject matter without the prior written approval of the Company. The parties agree that the confidential information of the Company includes without limitation the Contents.
The Company may terminate the booking agreement forthwith if:
you are in breach of any of your obligations hereunder;
you have entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with your creditors generally or have an administrator, administrative receiver or receiver appointed over all or a substantial part of your undertaking or assets;
you have become bankrupt or shall be deemed unable to pay your debts by virtue of Section 123 of the Insolvency Act 1986;
you cease or threaten to cease to carry on business; or
any circumstances whatsoever beyond your reasonable control necessitate and justify the termination of our services.
In the event of termination under these Terms and Conditions we shall retain any sums already paid to by you without prejudice to any other rights we may have.
You shall indemnify the Company against all damages, costs, claims and expenses suffered by us arising from loss or damage (including that of third parties) caused by you, or your agents or employees.
Where the client consists of two or more persons such expression throughout shall mean and include such two or more persons and each or any of them. All obligations on the part of such a client shall be joint and several obligations of such persons.
The Company shall not be liable to you or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Company’s obligations if the delay or failure was due to any cause beyond the Company’s reasonable control.
We shall not be liable – whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss suffered by the you in the form of lost revenue or profit or failure to achieve any benefit expected to be derived from the booking agreement, loss of use of any asset, loss which is not the direct and immediate consequence of the breach, business interruption or management time, or any other loss which is otherwise indirect, commercial, economic, special or consequential.
The total liability of the Company whether in contract, tort (including negligence), breach of statutory duty or otherwise for any and all breaches and/or non-performance of its obligations or liability under the booking agreement and/or these Terms and Conditions shall not exceed the fees as set out in the booking agreement.
Where the Company enters into an agreement with a third party to supply services to you or where you engage a third party to provide services to you then you shall be exclusively responsible for ensuring such third parties warrant that they have all necessary professional indemnity insurance cover with respect to the work undertaken by such third parties. Such third parties shall provide proof of their professional indemnity insurance when so asked to by the Company.
Nothing in these Terms and Conditions or the booking agreement shall limit or exclude the Company’s liability for death or personal injury or any other liability which cannot be excluded by law.
To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) third party content or the use of any third party website, application, software and/or platform.
To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to third party content or any content or use of any third party website, application, software and/or platform.
We shall not be liable for the cancellation and/or postponement of any courses save for the repayment of course fees where we cannot provide alternative dates for the delivery of the course(s).
We take all reasonable steps to ensure that our website is free from viruses and other malware, however we accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of third party content or the use of any third party website, application, software and/or platform.
We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of any third party websites, applications, software and/or platforms resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
We take all reasonable steps to ensure that our website is secure and free from viruses and other malware. We do not, however, guarantee that any third party website, application and/or platform is secure or free from viruses or other malware and accept no liability in respect of the same.
You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
We may collect some or all of the following personal and non-personal data; name; contact details (address, telephone number and email address);business/company name; job title; profession; demographic information such as post code, preferences and interests; financial information such as credit / debit card numbers and bank account details; IP address; details of the courses chosen, time spent on the courses and opinions and views on the course content and delivery as well as our services.
All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with our obligations and safeguard your rights under the Data Protection Act 2018 and/or GDPR at all times.
Our use of your personal data will always have a lawful basis, either because it is necessary for our performance of a contract with you, for the performance of our services or because you have consented to our use of your personal data (e.g. by subscribing to emails), or because it is in our legitimate interests. Specifically, we may use your data for the following purposes:
providing and managing your access to online courses; personalising and tailoring your experience on an online course and/or the delivery of content; informing you of news relating to our services; supplying our courses and/or services to you (please note that we require your personal data in order to enter into a contract with you); personalising and tailoring our courses and/or services for you; replying to emails from you; supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time by contacting us; market research; invoicing you for our courses and/or services; analysing your use of our services and gathering feedback to enable us to continually improve our services and your user experience.
With your permission and/or where permitted by law, we may also use your data for marketing purposes which may include contacting you with information, news and offers on courses, events, products and/or services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under the Data Protection Act 2018 and/or GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
You have the right to withdraw your consent to us using your personal data at any time, and to request that we delete it.
We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected.
A person who is not a party to this booking agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the booking agreement and/or these Terms and Conditions..
Any rights not expressly granted in these terms are reserved.
If any provision of the booking agreement and/or these Terms and Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the booking agreement and Terms and Conditions shall continue to be valid as to its other provisions and the remainder of the affected provision.
English law shall apply to the whole of this agreement. Any dispute arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the English courts, to which the parties agree to submit.
Each party shall from time to time do all such acts and execute all such documents as may be reasonably necessary in order to give effect to the provisions of the booking agreement and these Terms and Conditions.
The booking agreement shall not constitute or imply any partnership, joint venture, agency or other relationship between the parties except the contractual relationship described in this agreement. Neither party shall have, nor represent that it has, any authority to make any commitments on the other party’s behalf.
The booking agreement is personal to you, and you shall not without the prior written consent of the Company, assign, mortgage, charge or otherwise transfer to another person this agreement or any of your rights hereunder.
The booking agreement and these Terms and Conditions contain the entire agreement between the parties with respect to its subject matter and may not be varied except by a written agreement by the Company.
Each party acknowledges that in entering the booking agreement it does not rely on any representation, warranty or other term or any understanding except as expressly set out in this booking form, but nothing in this booking form affects the liability of either party for fraudulent misrepresentation.