1.1 “Customer” means the individual or organisation who buys or agrees to buy services, training and e-learning courses from the Supplier;
1.2 “Supplier” means Food Alert Limited, 247-249 Cromwell Road, London SW5 9GA trading as ilearningcourses.co.uk and mytrainingcourses.co.uk.
1.3 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.4 “Contract” means the contract between the Supplier and the Customer for the sale and purchase of training and E-learning courses incorporating these Terms and Conditions;
1.5 “E-learning courses” means learning courses delivered by electronic means to the Customer who agrees to buy from the Supplier;
1.6 “Training Courses” means courses that are held in a classroom training environment which can include bespoke and in house courses.
1.7 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of training courses and E-learning courses by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.3 Acceptance of delivery of the Training courses and E-learning courses shall be deemed conclusive evidence of the Customer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.5 The Supplier shall use all reasonable endeavours to complete the services within estimated time frames but time shall not be of the essence in the performance of any services.
3.1 All orders for training courses and E-learning courses shall be deemed to be an offer by the Customer to purchase them pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 E-learning courses are subject to an End User License Agreement (EULA). The Customer must agree to abide by the terms of this license agreement in order to access the e-learning courses.
3.3 The licence for the e-learning courses will expire one year after purchase.
4 PRICE AND PAYMENT
4.1 The price of the training courses and E-learning courses shall be that stipulated on the Supplier's Website. The price is exclusive of VAT.
4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Customer's shopping cart prior to confirming the order.
4.3 After the order is received the Supplier shall confirm by email the details, description and price for the training or E-learning courses together with information on the right to cancel if the customer is a consumer.
4.4 Payment of the Price plus VAT and delivery charges must be made in full before dispatch of the E-learning courses. E. &. O. E.
4.5 Invoiced amounts shall be due upon receipt of invoice unless otherwise agreed. The Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 4.00% per annum above the base rate of the Bank of England.
4.6 If the contract be cancelled prior to the training course(s) commencing a fee of 50% of the cost of the training courses will be payable by the Customer to the Supplier dependent upon the notice period given.
5 RIGHTS OF SUPPLIER
5.1 The Supplier reserves the right to adjust the price and specification of any item on the website at its discretion.
5.2 The Supplier reserves the right to withdraw any training or e-learning courses from the website at any time.
5.3 The Supplier shall not be liable to anyone for withdrawing any training or E-learning courses from the Website or for refusing to process an order.
6 CANCELLATION POLICY
6.1 Once we have received your booking you will be liable for the whole fee unless we receive written notification of cancellation. For bookings cancelled under two weeks before a course is due to start, 50% of the course fees paid will be refunded or credited to another course. No refund will be made once the course has started, except in exceptional circumstances and then only at the discretion of the Supplier. Once access to the e-learning course has been made by the customer then no refund will be payable.
6.2 If a trainer fails to attend then a full refund for the course booked will be given.
6.3 All courses - No refund will be made for non attendance on a course. In the event of a cancellation of a course by Food Alert, we will endeavour to inform all participants as soon as possible. All course fees paid will be reimbursed in full, but we are unable to reimburse any other costs which have been incurred.
7.1 The Supplier warrants that the courses provided under this Agreement shall be provided using reasonable skill and care, and of a quality conforming to generally accepted and industry standards and practices.
7.2 Without prejudice to Clause 7.1, and except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the courses to be provided by the Supplier.
8 ACCESS TO E-LEARNING COURSES
8.1 Following payment or acceptance of order, the Customer will normally be able to access the E-learning courses purchased instantly or within a maximum of 1 working day.
8.2 The Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any third party arising directly or indirectly out of any failure to deliver the e-learning course.
8.3 Access to the e-learning courses will be as specified in the confirmation email sent to the Customer after payment has been received.
8.4 The Customer must agree to any EULA (End User License Agreement) associated with the e-learning courses or materials purchased.
8.5 Access to the e-learning courses will be 1 year from the date of purchase.
9 ALTERATIONS TO THE COURSES
9.1 The supplier reserves the right to change the specification of any training or e-learning courses at any time. Notice will be given to the Customer who will have the option of cancelling the course and obtain a full refund.
10.1 The Customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise, directly or indirectly, from the Customer's breach of any of its obligations under this Agreement, including any claims brought against the Supplier alleging that any courses provided by the Supplier infringes a patent, copyright or trade secret or other similar right of a third party.
11 USE OF THE WEB SITE
11.1 Your use of the Website constitutes your agreement to all Terms, Conditions and Notices contained herein or otherwise posted on the Website. If you do not accept any of the provisions of the Terms and Conditions, do not use the Website.
11.2 All rights are reserved. Publication or distribution for commercial purpose of any information contained on the site is expressly forbidden without the prior written consent of Food Alert. All material and information on the site is protected by international copyright and similar rights.
12 CANCELLATION AND RETURN
12.1 The Customer is responsible for inspecting the e-learning courses once they have accessed the e-learning materials. If the e-learning course is not required by the Customer then provided it has not been used then a refund will be provided. If the course materials have been accessed and questions answered the Customer shall be deemed to have accepted the E-learning courses and no refund will be payable by the Supplier.
12.2 Where a claim of defect or damage is made about the E-learning courses then the Customer shall be entitled to a full refund only if the E-learning courses are in fact defective.
12.3 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Supplier emailing email@example.com within 7 working days of receipt of receiving access details to the E-learning courses.
13 LIMITATION OF LIABILITY
13.1 Except as may be implied by law where the Customer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Customer shall be limited to damages which shall in no circumstances exceed the price of the training or E-learning courses and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.
13.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier's agents, employees or sub-contractors.
14 INTELLECTUAL PROPERTY RIGHT
14.1 An Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Supplier, and the Customer shall do all that is reasonable to ensure that such rights vest in the Supplier by the execution of appropriate instruments or the making of agreements with third parties.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
Complaints will be dealt with fairly, confidentially and speedily. All complaints will be acknowledged within 7 days.
17 GUARANTEE ITEM DESCRIPTIONS
17.1 We are providing this website and its contents on an “as is” basis and make no (and expressly disclaim all) representations or warranties of any kind, express or implied, with respect to our website and the services or products to the fullest extent permitted by law. In particular we do not represent or warrant that the information contained within the services or products is accurate, complete or current. We make every effort to ensure that information contained in our website, databases products and pricing is accurate. However, we can accept no liability for errors or omissions in such information.
18 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, , the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Supplier.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal unenforceable provision eliminated.
21 CHANGES TO TERMS AND CONDITIONS
The Supplier shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Customer upon making a purchase.
22 NO THIRD PARTIES
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
23.1 Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Service Specification or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
24 ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties
25 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English Courts.