1 Website
You agree that your use of Positive Response Training & Consultancy Ltd’s website or any part of it is subject to the following terms. In these terms of use “us”, “our” or “we” means Positive Response Training & Consultancy Ltd (company registered number 7988506, VAT: 137754588) registered office at Waterside Court, Falmouth Road, Penryn, Cornwall, TR10 8AW. You are deemed to have agreed to and accepted the following terms if you continue to browse and use our website or any part of it.
Content and use
1.1 The content of our website is for your general information and use only. It is subject to change without notice.
1.2 Neither we nor any such third parties provide any warranty or guarantee as to the accuracy, timelines, performance, completeness or suitability of the information and materials found or offered on our website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
1.3 Your use of any information or materials on our website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our website meet your specific requirements.
1.4 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. It is protected by intellectual property laws including, but not limited to, copyright.
1.5 All trademarks reproduced in this website, which are not the property of, or licensed to the Operator, are acknowledged on the website.
1.6 You may view, and use, download and store the material on our website for personal and research use only. Commercial use is not permitted. You may not download for storage material from our website unless specifically directed to do so by us. The re-distribution, re-publication, or otherwise making available of the material on this website to third parties is prohibited.
1.7 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
Linking
2.1You may find that our website is linked to or from other website(s) through hypertext or any other computer links. We have no control over and shall not be responsible for the content of such linked website(s). These links are provided for your convenience.
2.2 Any purchase of goods and services made through third parties’ websites shall be subject to those third parties’ terms and conditions.
Interactive Facilities
3.1 You may find that there are facilities and areas on our website which allow you and/or third parties to communicate, post, transfer or store information, data and material. We are not responsible for such information, data or material communicated, posted, transferred or stored on our website. In particular, we do not warrant the quality or accuracy of such information, data or material and are not liable if it contains any Offending Material (defined below). Your use of such information, data and material is solely at your own risk and is subject to all applicable laws, regulations and codes of practice. “Offending Material” means any material, data, images or information which is:
3.1.1 in breach of any law, regulation, code of practice or acceptable use policy; or
3.1.2 false, inaccurate, abusive, indecent, defamatory, obscene or menacing or otherwise offensive; or
3.1.3 in breach of confidence, copyright or other intellectual property rights, privacy or any other right of any third party.
3.2 You agree not to use and not to let any other person use such facilities and areas to communicate, post, transfer or store any Offending Material. It shall be irrelevant whether you are aware of such Offending Material.
Purchase of goods or services
4.1 You may find that we advertise or promote goods and services. Your offer to purchase or acquire such goods or services shall be subject to the relevant terms and conditions.
4.2 Any and all descriptions and representations made in relation to third parties’ goods and services on our website have been provided based on information and materials supplied by the respective third parties, or on an “as-is” basis. We may have not tested nor used such goods or services and all purchases or dealings carried out with such third parties are at your own risk. We have no responsibility or liability for any loss or damage that you suffer as a consequence thereof.
Liability
5.1 We do not guarantee that use of this website will be compatible with all hardware and software which may be used by visitors to the site.
5.2 Except as set out in clause 5.3, we will be under no liability to you whatsoever whether in contractor, tort (including negligence), breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with the use of this website or the use, accessing, downloading or relying on any information or the materials contained in this website, including, without limitation, as a result of any computer virus.
5.3 These terms and conditions do not exclude our liability (if any) to you for personal injury or death resulting from our negligence, for fraud or for any matter which it would be illegal for us to exclude or to attempt to exclude our liability.
Privacy
6.1 Our privacy policy can be seen on this site. This privacy policy forms part of these terms and conditions.
Jurisdiction and Acceptance of these Terms and Conditions
7.1 This website is controlled and operated by us from our offices in England. The formation, existence, construction, performance, validity in all aspects whatsoever of these terms and conditions, or of any term of these terms and conditions, or any dispute in relation to the materials contained in this website shall be governed by English law. The English and Welsh courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website.
7.2 Your continued use of this website indicates your acceptance of these terms and conditions.
2 Trading Terms and Conditions
All contracts for the sale of products or services made by Positive Response Training & Consultancy Ltd are deemed to incorporate these Terms and Conditions of Sale which shall prevail over any other document or communication between the parties unless otherwise agreed in writing.
For the purposes of this document the term Training shall include training courses, seminars and workshops, the term Service shall include consultancy, design work, support and related reports and presentations, the term Product shall include all Training and Services, and the term Customer shall include any individual or organisation who has entered into a contract with us for the supply of Product. “Us”, “our” or “we” means Positive Response Training & Consultancy Ltd (company registered number 7988506, VAT: 137 7545 88) registered office at Waterside Court, Falmouth Road, Penryn, Cornwall, TR10 8AW.
1.Acceptance of Orders
Orders must be placed by the issue of a valid purchase order or other written communication properly authorised by the Customer. Orders must include details of where we should send our invoice. We reserve the right not to accept any Customer order.
2. Duties and Taxes
Any relevant duties or taxes including VAT will be added to the cost of all sales at the prevailing rate.
3. Payment Terms
3.1 If credit terms have not been agreed, invoices must be paid at least 3 weeks in advance of any Training or Service being delivered.
3.2 Our standard credit terms are as follows:
3.3 If any invoice becomes overdue the Customer’s full outstanding balance with us becomes due and payable. We reserve the right to charge interest on overdue invoices at 3% per annum above the base rate in force calculated on a daily basis. Payment shall be deemed to have been received only when the full amount has been credited to our bank account without recourse.
4. Travel, Subsistence, Venue and Catering Costs
4.1 Travel and subsistence costs for staff engaged in delivery of Services or Training where it is necessary to work away from our offices shall be invoiced at cost unless otherwise agreed in writing.
4.2 Time spent travelling where it is necessary to work away from our offices shall be considered to be time worked on the delivery of Services or Training and shall be chargeable unless otherwise agreed in writing.
4.3 The costs of any venue, hotel accommodation or catering booked by us to deliver Training or Services shall be invoiced at cost unless otherwise agreed in writing.
4.4 Where delivery of Training is made on Customer premises, or premises booked by the Customer, all responsibility for logistics rests with the Customer. In the event that the training facilities or any required audio/visual aids are unavailable any subsequent consequential expenses for provision of alternative facilities or audio/visual aids shall be borne by the customer.
4.5 Where any dependencies on Customer staff or materials are indicated in the Plan for a Service engagement, any expense or cost of additional effort required to meet the contracted delivery schedule consequent on failure to satisfy the dependency will be borne by the Customer.
5. Property and Title
5.1 Any material or information supplied by us, together with the copyright, design rights or any other intellectual property rights shall remain the property of us unless otherwise assigned by agreement.
5.2 Any material or information produced by us on behalf of the Customer shall be severally and independently owned unless otherwise agreed in writing.
5.3 Risk of damage to or loss of Training materials shall pass to the Customer at the time of delivery or in the event that the Customer wrongfully fails to take delivery of the Product, at the time when the company has tendered delivery of the Product.
6. Cancellation
6.1 Training
6.1.1 Cancellations, postponements or amendments can be accepted in writing, by email, as follows:
The email must be sent or copied to training@positive-response.co.uk by 1pm on the deadline day. For example, for a care staff course commencing on a Wednesday the email must be received by 1pm on the Wednesday 3 weeks before.
Positive Approaches to Challenging Behaviour Training – 3 weeks before first day of course.
Positive Approaches to Challenging Behaviour self-directed training materials – You must give 3 months’ notice if you do not want to continue to use the materials. The licence fee is payable until the end of your notice period.
PBMpro care staff Training – 3 weeks before first day of course.
PBMpro Trainer Training/refresher at our venue – one delegate – 3 weeks before first day of course.
PBMpro Trainer Training/refresher at our venue – two or more delegates – 6 weeks before first day of course.
PBMpro Trainer Training/refresher at Your venue – if only Your delegates are attending – 3 weeks before first day of course (subject to the minimum number of four delegates remaining on a refresher or six delegates remaining on a trainer course, in which case 6 weeks). If external delegates are also attending and You are cancelling the venue – 6 weeks before first day of course.
We reserve the right to charge the Customer in full for any Training cancelled by the customer without required notice. You should request an acknowledgement of the cancellation.
6.1.2 We reserve the right to charge the Customer in full for any Training cancelled by us in respect of non-attendance of staff by the Customer.
6.1.3 We reserve the right to charge the full unrecoverable cost of any travel arrangements, venue, catering or hotel bookings resulting from any cancelled Training regardless of notice period.
6.2 Service
6.2.1 Cancellations in writing (by email, as in Training above) are accepted up to 3 weeks before commencement of the Service engagement. After that but prior to the agreed start date, a minimum cancellation fee of 50% of the price is payable in the case of a Fixed Price contract.
6.2.2 Cancellation subsequent to the agreed start date of a Fixed Price contract renders the contract price payable for the full contract or contract stage as outlined in the tender document, whichever is applicable.
6.2.3 Cancellation of a Time and Materials contract with less than 3 weeks’ notice renders a cancellation fee equivalent to the contracted time planned in addition to any time already due to be billed.
6.2.4 We reserve the right to charge the full unrecoverable cost of any travel arrangements, venue, catering or hotel bookings resulting from any cancelled Service contract regardless of notice period.
7. Warranty
All Training and Services are furnished as-is and with all faults and deficiencies. We make no warranty to the Customer with regard to the materials supplied or content including but not limited to implied merchantability or fitness for a particular purpose. There are no warranties, obligations or liabilities of us express or implied arising by law or otherwise with respect to any bug, error, omission, defect, deficiency or nonconformity in any Training, Services or materials supplied.
8. Liability
8.1 We shall not under any circumstances be liable for any indirect or consequential damages however caused.
8.2 Our liability in respect of any breach or non-performance of any order shall be limited to the refund of the invoice value to which the claim relates.
8.3 In the event that we are prevented from carrying out our obligations under a contract as a result of any cause beyond our reasonable control, such as, but not limited to, Acts of God, War, Strikes, Flood, Terrorism and Failure of third parties to deliver goods, we shall be relieved of our obligations and liabilities under such contract of sale for as long as such fulfillment is prevented.
9. Miscellaneous
9.1 If any provision herein is held to be invalid illegal or unenforceable the validity and enforceability of the remaining provisions shall not in any way be affected or impaired.
9.2 Waiver by us of any of the terms herein or the granting of time or indulgence by us to the Customer shall in no way affect our rights hereunder.
9.3 The headings are for clarification and do not form part of the terms and conditions.
9.4 Any notice or demand to be given hereunder shall be in writing and shall be delivered by hand or by first class post. If posted any notice shall be deemed to have been delivered 48 hours after posting.
9.5 The law of England shall apply to these terms and conditions.