Terms of Service for Booking Training Courses
Headspace’s Terms and Conditions of Booking Courses
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply our services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you and how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
· You are an individual.
· You are purchasing any of our courses for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your booking. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are Headspace Academics Limited a company registered in England and Wales with company registration number 11557436. Our registered office is at Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX.
2.2 How to contact us. You can contact us by telephoning our customer service team at 07722 022390 or by writing to us at Kemp House, 160 City Road, London EC1V 2NX or emailing email@example.com
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your booking. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us on these terms.
3.2 If we cannot accept your booking. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the course. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a course is oversubscribed or because we have identified an error in the price or description of the course or because we are unable to meet a deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only provide courses to people or business in the UK. Our website is solely for the promotion of our services in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. Providing Our Courses
4.1 We will provide the course on the date and at the venue set out in the order.
4.2 We are not responsible for delays outside our control. If we are unable to provide a course by an event outside our control then we will contact you as soon as possible to let you know as soon as possible. Provided we do this we will not be liable for delays caused by the event.
4.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply our courses to you, for example, name, job title, employer. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may cancel your course. We will not be responsible for not supplying the course if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
5. Your rights to cancel the booking
5.1 Cancelling the booking because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any courses which have not already been provided. The reasons are:
(a) we have told you about an upcoming change to the course or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the course you have booked and you do not wish to proceed;
(c) there is a risk that the course may be significantly delayed because of events outside our control;
(d) you have a legal right to end the contract because of something we have done wrong.
5.2 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for courses ordered online you have a legal right to change your mind within 14 days of your booking and receive a refund.
5.3 However, your right as a consumer to change your mind does not apply once a course has been provided even if the 14 day cancellation period is still running.
5.4 Ending the contract where we are not at fault and there is no right to change your mind. If you are a consumer or a business you can still cancel a course and receive a full refund provided that you cancel 30 days prior to the course date.
5.5 For bookings cancelled 29 days or less inclusive of the course date the course fees remain payable and are non-refundable.
6. How to cancel a booking
6.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 07722 022390 or email us at firstname.lastname@example.org Please provide your name, home address, details of the order and, where available, your phone number and email address; or
(b) Online. Complete the form at the end of these terms.
(c) By post. Print off the form at the end of these terms and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
6.2 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the course, by the method you used for payment.
6.3 When your refund will be made. We will make any refunds due to you as soon as possible and will aim to refund you with 14 days from the date which you cancel with us.
7. Price and payment
7.1 Where to find the price for the product. The price of the course will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the course advised to you is correct. However please see clause 7.2 for what happens if we discover an error in the price of the course you order.
7.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, any training courses you order may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
7.3 When you must pay and how you must pay. We accept payment with Visa,
Mastercard and apple pay
(a) We will charge your credit or debit card upon you confirming your booking on our website.
(b) We will invoice you for price of the course(s) when we have delivered them You must pay each invoice within [NUMBER] calendar days after the date of the invoice.
7.4 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
8. Our responsibility for loss or damage suffered by you if you are a consumer
8.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
8.2 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; for fraud or fraudulent misrepresentation.
9. Our responsibility for loss or damage suffered by you if you are a business
9.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
9.2 Except to the extent expressly stated in sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
9.3 Subject to clause 9.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the price you paid for the course.
10. How we may use your personal information
11. Other important terms
11.1 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.
11.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
11.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 11.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms].
11.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
11.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts
11.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
Schedule 1 Model Cancellation Form for consumer customers
(Complete and return this form only if you wish to withdraw from the contract)
To Headspace Academics Limited Kemp House, 160 City Road, London EC1V 2NX
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of for the provision of the following course(s) [*],
Ordered on [*] [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.