TERMS & CONDITIONS FOR CPD COURSE BOOKINGS
By submitting your application for a place on the University’s CPD Course (the “Course”) you agree to be bound by these terms and conditions if your application is successful.
1. Scope of the Contract
1.1. This agreement is made between the University of Durham whose registered address is at The Palatine Centre, Stockton Road, Durham, DH1 3LE (the “University”) and you, the individual detailed in your application. For the purposes of this agreement, the aforesaid organisation/individuals may be referred to individually as a “Party” and collectively as the “Parties”.
1.2. The details of the Course to be provided by the University will be as detailed in the course flyer produced by the University (the “Flyer”) which in addition to these terms and conditions, will form the entire agreement between the Parties for the Course (hereinafter the “Contract”).
1.3. The Flyer details all start and finish dates and times, details of the venue(s) in which sessions will be held, and all applicable charges payable for the Course (the “Fee”). The Flyer shall also include any special terms and conditions which may be applicable. In the event of any conflict between these terms and conditions and the Flyer, the latter shall take precedence.
1.4. You also agree that you will comply with any applicable University policies in relation to your participation in the Course.
2. Provision of the Course
2.1. Subject to the provisions of Clause 2.2 herein, in consideration of payment of the Fee, the University agrees to provide the Course to you as detailed in the Flyer.
2.2. You understand and acknowledge that you will participate on the Course as part of a larger group of individuals to whom the Course shall be delivered by the University, however, the University shall ensure that group numbers do not exceed a number which is reasonable in order for participants to fully participate in learning.
2.3. The University shall provide all course materials necessary for you to participate in the Course.
2.4. Copyright and all intellectual property in course materials provided to you by the University for use during the Course shall at all times remain the exclusive property of the University. No copying of course materials is permitted for any reason without the express written permission of the University.
2.5. The University warrants that the Course shall be delivered to you by appropriately qualified and trained personnel with reasonable skill, care and diligence and to such standards of quality as it is reasonable for you to expect in all the circumstances.
2.6. You understand that attendance at all sessions is important in order for you to gain the full learning benefit from the Course. In the event that you are unable to attend any of the sessions for any reason, the course leader should be promptly notified. No refund of the Fee, or any part thereof, shall be made for any part of the Course for which you may be absent, for any reason.
3. Withdrawal from the Course by a Participant
3.1. You are entitled to withdraw from the Course at any time by written notice to the University, however, no part of your Fee shall refundable by the University unless notice of such withdrawal is received by the University at least four (4) weeks prior to the commencement date of the Course. Refunds shall be payable by the University as follows:
3.1.1. Where notice of withdrawal is received by the University a minimum of four (4) weeks prior to the commencement date of the Course, a full refund shall be given by the University; General CPD Course/Terms and Conditions/July 2019/SC
3.1.2. Where notice of withdrawal is received by the University more than one (1) week, but less than four (4) weeks prior to the commencement date of the Course, it may be difficult for the University to find a replacement participant to fill your place and thus under these circumstances, you may only be entitled to a refund of fifty percent (50%) of your Fee.
3.2. The University shall use its best endeavours to mitigate any losses it may incur as a result of your late withdrawal from the Course, and thus following your withdrawal under the provisions of Clause 3.1.2 above, where the University is able to find another participant to fill your place on the Course following your withdrawal and thus incurs no financial loss as a result of your withdrawal from the Course, you may still be granted a full refund following withdrawal under the provisions of the aforementioned Clause 3.1.2.
4. Cancellation of the Course by the University
4.1. You understand and acknowledge that the Course shall only be provided by the University where the University’s minimum quota of participants is met. In the event that an insufficient number of participants register for the Course, the Course may be withdrawn by the University at any time by written notice. In the event that the Course is cancelled by the University due to an insufficient number of registered participants, the University agrees to provide you with a full refund of your Fee.
4.2. The University accepts no liability for any failure or delay in performance under this Contract including for cancellation or rescheduling of sessions on the Course to the extent said failures or delays are proximately caused by causes beyond the University’s reasonable control and occurring without its fault or negligence, including, without limitation, absence of course deliverers, failure of suppliers, subcontractors, and carriers, Acts of God, government restrictions, wars, insurrections, fire, flood, failure of utilities, and/or any other cause beyond the reasonable control of the University.
4.3. In the event that any of the sessions forming part of the Course are cancelled under the provisions of clause 4.2 above, the University shall use reasonable endeavours to re-schedule any cancelled session, however, in the event that this is not possible, no refund of the Fee or any part thereof shall be payable in compensation for such cancellation.
5. Health and Safety
5.1. When carrying out any activities during the Course, you shall comply with all instructions given by the University relating to health and safety.
6.1. No liability or responsibility is accepted by the University for the safety of or damage to or loss of any personal property belonging to you.
6.2. The University shall have no liability for personal injury or damage to property except to the extent that such liability may result from the University’s negligence.
6.3. Save insofar as such liability may not be lawfully excluded, the University shall have no liability or obligation under the Contract or otherwise in contract or in delict or in quasi-delict arising out of or connected with the performance of the Contract (including, but not limited to, loss, damage or delay of any nature whatsoever or howsoever caused whether direct or indirect or consequential and whether or not caused by the negligence of the University, its employees, agents or subcontractors) save as expressly provided in the Contract and, save as aforesaid, all warranties, terms, obligations or duties, express or implied by statute, common law or otherwise in relation to the Contract or any term or terms thereof or its or their performance are hereby excluded.
6.4. The total liability of the University under the Contract or otherwise (whether or not caused by the negligence of the University, its employees, agents or sub-contractors) arising out of or in connection with the performance or purported performance of or failure in the performance of the Contract shall not exceed the total Fee (excluding VAT) payable by you to the University under General CPD Course/Terms and Conditions/July 2019/SC the provisions of Clause 1 herein. The University expressly excludes liability for indirect or consequential loss or damage for loss of profit or goodwill which may arise out of or in connection with the performance or purported performance of or failure in the performance of the Contract.
7.1. The rights and remedies of the University expressed in these terms and conditions shall be in addition and without prejudice to any other rights or remedies which may be available to the University at common law or under statute.
7.2. These terms and conditions and the Contract supersede all prior representations by the University or any of its employees and override any other terms and conditions stipulated or incorporated or referred to by you in any negotiations, and the Contract and these terms and conditions are the only terms and conditions upon which the University agrees to perform the Contract, unless otherwise expressly agreed in writing by the University.
7.3. No modification or alteration of the Contract shall be enforceable, save as otherwise provided in these terms and conditions, unless agreed in writing by the University and you.
7.4. No waiver or delay on the part of the University to exercise any right or remedy available to it, in terms of the Contract or otherwise shall operate as a waiver of that or any other right or remedy nor shall any partial exercise preclude any other further exercise of that or any other right or remedy.
7.5. Any waiver by the University of any breach by you is not a waiver of any subsequent breach.
7.6. The Contract does not create, confer or purport to confer any benefit or right enforceable by any person not a party to it by virtue of the Contracts (Rights of Third Parties) Act 1999.
7.7. Should any provision of the Contract be found by any competent authority to be invalid, unenforceable or unreasonable, it shall be severed from the remainder of the Contract which shall continue in full force and effect.
7.8. The Contract is personal to you who shall not be entitled to assign or transfer in whole or part the benefit and/or the burden thereof without the University’s prior written consent.
7.9. All notices to be given by either Party to the other under the Contract shall be validly served only in writing and delivered personally or sent by first class prepaid post or facsimile to the respective addresses (or facsimile number) in the United Kingdom as the relevant party has notified for such purpose, and in the case of posting shall be deemed to have been properly served on the second day after the date of posting and in the case of facsimile shall be deemed to have been properly served on receipt of a successful transmission report.
7.10. The University warrants to you that all Personal Data (as defined in the Data Protection Act 2018) provided to the University in relation to the Contract, shall be handled by the University strictly in accordance with said Act as amended from time to time, and with the provisions of any other applicable data protection legislation.
7.11. These terms and conditions and the Contract shall not constitute and shall not be deemed to constitute any relationship of partnership or agency between the University and you.
7.12. The Contract shall be governed by and construed in all respects in accordance with the laws of England. The University and you hereby submit to the exclusive jurisdiction of the English courts.