TERMS AND CONDITIONS FOR EDIALUX PROFESSIONAL TRAINING
Edialux Professional (a trading brand of Pelsis Limited (company number 01576542)) (“Edialux Professional, we and us”) is part of the Pelsis Group.
1. OUR CONTRACT WITH YOU
1.1 Our Contract 1.2 Entire Agreement
2.1 Registration with Edialux Professional
2.2 Booking a training course
These terms and conditions (“Terms”) apply to any booking by you and the provision of professional training courses (“Training”) by us to you (“Contract”). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2. REGISTRATION AND BOOKING
Before you book onto a training course we require you to register to create an account and provide certain information about yourself and the business. In doing this, you agree to provide true, accurate, current and complete information as prompted by the relevant registration form.
2.2.1 Training courses can be booked via the booking forms available on the Edialux Professional website. On submission of the booking form you will receive an email confirming your selection, but please note that this does not mean that your booking has been accepted. Our acceptance of your booking will take place as described in paragraph 2.2.2. All bookings are subject to availability and payment of the booking fee.
2.3 Prices, discounts and sales taxes
2.4 Payment
2.2.2 Our acceptance of your booking takes place when we send an email to you to accept it (“Booking Confirmation”) along with joining information, at which point and on which date the Contract between you and us will come into existence. The Contract will relate only to those Edialux Professional training courses confirmed in the Booking Confirmation.
2.3.1 In consideration of us providing the Training you must pay our fees (“Fees”) in accordance with this paragraph 2.3.
2.3.2 The Fees are the prices quoted on our site at the time you submit your booking. We reserve the right to change our Fees from time to time, but this will not affect any booking you have already placed.
2.3.3 Unless otherwise stated, the Fees include: a) tuition on the day(s); b) all relevant course materials in hard copy (but please note that under no circumstances will any electronic version be provided, whether before, during or after the training course); and c) refreshments and lunch.
2.3.4 All prices are exclusive of VAT, and this will be charged at the appropriate rate.
2.4.1 Once a delegate has completed the booking form we will request payment of the Fees. The relevant booking fee (if applicable) must be paid at the point of booking via Worldpay’s secure online payment process. If you have an applicable discount it must be stated at the time of booking as discounts cannot be applied retrospectively.
2.4.2 Payment of the Fees must be made within 30 days of the course start date. Special arrangements may be separately agreed in the case of late bookings. Delegates will not be entitled to attend the Training in the event Fees are not paid in accordance with the Contract.
2.4.3 We cannot produce separate invoices for Fees or accept payment by instalments.
2.4.4 All major credit and debit cards are accepted. A receipt will be sent to you by email from Worldpay confirming payment.
2.5 Personal Information
3.1 Edialux Professional training courses
2.4.5 Please note that if you do not provide accurate details (including type of card and number) or if your credit card company does not authorise payment, your application will be deemed void. Edialux Professional will not accept any liability for costs incurred as a result of applications deemed void in this manner.
2.4.6 Sales taxes (VAT) are charged at the applicable rate depending on the product and/or customer.
2.5.1 We will use any personal information you provide to us to: a) facilitate bookings and payment; b) provide necessary updates; c) allow registration with the qualification provider, i.e. RSPH; and d) Inform you about similar training that we provide, but you may stop receiving these at any time by contacting us at market@pelsis.com.
2.5.2 We will process your personal information in accordance with applicable data protection legislation and our privacy policy https://www.edialux.co.uk/contentpage/privacy-policy, the terms of which are incorporated into this Contract.
3. LEARNING
3.1.1 Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the Training described in them. They will not form part of the Contract or have any contractual force.
3.1.2 We shall use reasonable endeavours to supply the Training in accordance with these Terms in all material respects but reserve the right to change the course content of any Training at any time and without notice.
3.1.3 We reserve the right to amend the specification of the Training and/or the terms of the Contract if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Training.
3.1.4 We shall use reasonable endeavours to meet any specified training dates, but any such dates shall be anticipated dates only and may be subject to alteration.
3.2 Ownership and intellectual property rights
3.3 Special requirements
3.4 Health and safety
3.5 Behaviour
3.2.1 “Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
3.2.2 All Intellectual Property Rights in or arising out of or in connection with the Training, together with all Edialux Professional training materials and all materials available from Edialux Professional, including the design, graphics and text of all printed materials (the “Training Materials”), are and shall be legally and beneficially owned by Edialux Professional absolutely. The Training Materials and information provided therein is for the sole use of the delegate and may not be dealt with (including but not limited to being copied, reproduced, uploaded, posted, displayed, further distributed or linked to) in any way, in whole or in part, without Edialux Professional’s prior written consent. Any such dealings are strictly prohibited and will constitute an infringement of Edialux Professional’s Intellectual Property Rights.
Edialux Professional will make every effort to accommodate special requirements that have been notified in advance on the booking form.
You must comply with all health and safety rules and regulations and any other reasonable security requirements that apply at the premises at which the training courses are provided. Edialux Professional reserves the right to remove any delegate from a training course who does not comply with such requirements. In these circumstances, Edialux Professional will neither refund any fees nor reimburse any other costs.
Edialux Professional reserves the right to remove any delegate from a training course whose behaviour is deemed inappropriate by Edialux Professional and its trainers. In these
3.6 Trainers
3.7 Liability
circumstances, Edialux Professional will neither refund any fees nor reimburse any other costs.
Edialux Professional shall provide such trainers to present the training course as it, in its sole discretion, deems fit and Edialux Professional shall be entitled at any time to substitute any trainer with any other person who, in Edialux Professional’s sole discretion, it deems suitably qualified to present the relevant course.
3.7.1 The contents of the training courses are intended for general guidance only and do not form any part of the Contract. It is your responsibility to ensure the content meets your requirements. Any opinions expressed are those of individual trainers and not necessarily those of Edialux Professional.
3.7.2 Nothing in the Contract limits any liability which cannot be legally limited, including liability for: a) death or personal injury caused by negligence; b) fraud or fraudulent misrepresentation; and c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
3.7.3 Subject to paragraph 3.7.2, we will not be liable to you, whether in contract tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for: a) loss of income or revenue; b) loss of sales or business; c) loss of profits or contracts; d) loss of anticipated savings; e) loss of data or information; f) loss of or damage to goodwill; g) wasted management or office time; and h) any indirect or consequential loss.
3.7.4 Subject to paragraph 3.7.2, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 100% of the total Fees paid under the Contract.
3.7.5 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 6 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
4.1 Cancellation of a training course
4.2 Transferring your place on a training course
4.3 Cancellation of course by Edialux Professional
4.4 Force Majeure
4. CANCELLATION
4.1.1 If you notify Edialux Professional by email that you wish to cancel a training course not less than 30 days before the start date of a course, you will be entitled to a full refund. Refunds will be processed within 30 days of receiving your request via bank transfer to the original payer.
4.1.2 If you withdraw for any reason less than 30 days before the start date of a course, no refund will be issued but you may transfer your place on the course to a substitute (subject to availability). Substitutions should be notified to Edialux Professional at least two weeks prior to the course start date. If you fail to attend the course on which you are booked without giving prior notice to Edialux Professional, you will not be entitled to a refund of the course fees or a transfer.
There is no charge for transferring your booking to the same course on an alternative date provided you notify Edialux Professional not less than 30 days before the start and if there is availability. However, a transfer fee of 20% of the course fee (plus VAT) will be payable if the notice is received less than 30 days before the start of the original course. If you transfer your booking you will not receive any refund, and you will not be entitled to transfer more than once. You must make any request to transfer a course in writing, which may be sent by email to: training@edialux.co.uk
Edialux Professional reserves the right to cancel or arrange an alternative date for a training course. In such circumstances, we will use reasonable endeavours to provide notice of such cancellation or change. In the event of a date change, alternative course dates will be provided to transfer course bookings to with no transfer fee. In the event of a cancellation or if no alternative course date is suitable then Edialux Professional will refund in full the cost of the course.
4.4.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (“Force Majeure Event”).
4.4.2 If a Force Majeure Event Outside takes place that affects the performance of our obligations under the Contract: a) we will contact you as soon as reasonably practicable to notify you; and b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. We will provide alternative course dates to transfer course bookings to with no transfer fee.
4.4.3 If no alternative date is appropriate for the customer or the Force Majeure Event continues for more than 3 months, then Edialux Professional will refund in full the cost of the training course.
5. TERMINATION, CONSEQUENCES AND SURVIVAL
5.1 Termination
5.5.1 Without limiting any of our other rights, we may suspend the performance of the Training, or terminate the Contract with immediate effect by giving written notice to you if:
a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;
b) you fail to pay any amount due under the Contract on the due date for payment;
c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;
d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
e) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
5.2 Consequences of Termination
On termination of the Contract you must return all of training materials and any which have not been fully paid for. If you fail to do so, then we may enter your premises and
take possession of them. Until they have been returned, you will be solely responsible for their safe keeping and must not use them for any purpose unconnected with the Contract.
5.3 Survival
Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
6. GENERAL
6.1 Variation. Subject to paragraph 3.1.3, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
6.2 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
6.3 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
6.4 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
6.5 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.
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