In these Terms and Conditions (Terms), references to you and your refer to you, the customer; and to we, us and our refer to Tipton Training Limited. Please read these Terms carefully before paying for your annual subscription to receive our webinars (Webinars) via our website www.tiptontraining.co.uk (Website). Payment of the annual subscription fee indicates that you accept the following Terms.
1.1 In consideration for the payment of the annual subscription fee (as set out on our Website or in the order form) (Annual Subscription Fee), you will:
(a) receive secure password and log-in details for our Website which shall be required in order to access the members’ only area on the Website and to gain access to the Webinars;
(b) gain access to the Webinars for a period of twelve (12) months from the date of payment of the Annual Subscription Fee; and
(c) be entitled to a number of other benefits, as set out on our Website or as set out in the order form and as may be amended or updated from time to time,
together the Membership benefits.
1.2 The Membership benefits are personal to you for the term of your subscription and are non-transferable.
2.1 The term of your subscription shall commence on the date of payment of the Annual Subscription Fee and shall continue for a period of twelve (12) months.
2.2 We shall contact you prior to the expiry of your annual subscription and invite you to renew your subscription. If you do not renew your subscription, your entitlement to the Membership benefits shall automatically cease upon the expiry of your annual subscription.
3.1 You agree to pay the Annual Subscription Fee (including VAT where applicable) to Tipton Training Limited.
3.2 The amount of the Annual Subscription Fee is set out on the Website or on your order form. Reduced rates are available to students. In order to qualify for the student rate, we may require you to provide evidence that you are in full time education.
3.3 Once payment of the Annual Subscription Fee is received, you will be entitled to the Membership benefits set out above. In order to renew your subscription at the end of a year, we require payment of the Annual Subscription Fee. Membership benefits may be suspended until we receive payment of the Annual Subscription Fee.
3.4 We reserve the right to change the amount of the Annual Subscription Fee from time to time. In the unlikely event that the amount of the Annual Subscription Fee on the Website is incorrect, we will notify you as soon as we reasonably can.
3.5 Payment can be made by standing order, cheque, credit card or debit card. Cheques should be made payable to Tipton Training Limited.
4.1 You agree to:
(a) keep your log-in and password details secure and not to share your log-in or password details with any third party nor to permit any third party to have access to the Webinars; and
(b) comply with our Website Terms of Use.
5.1 If you are contracting as a consumer and enter into a contract with us by e-mail, fax or telephone or via our website, you may cancel your subscription within seven (7) working days beginning on the day after you receive an order confirmation from us, unless you access any of the Webinars or utilise any of the Membership benefits within such seven (7) day period, in which event your right of cancellation will cease. In order to cancel your contract, you must notify us in writing of your intention to do so within such seven (7) day period and send such notification to us by hand, post, fax or e-mail at one of the addresses set out in these Terms.
5.2 Where you have cancelled your contract with us in accordance with condition 5.1, you will receive a full refund of the Annual Subscription Fee already paid by you.
6.1 We are the owner or the licensee of the copyright, trade marks and all other intellectual property rights in the content of, and any materials or documents provided in connection with, the Webinars (Webinar Materials) and expressly reserve all rights in the same.
6.2 We grant to you a non-exclusive, non-transferable licence to access and to use the Webinar Materials for the sole purpose of research and study.
6.3 Unless we state otherwise, the reproduction and/or use of extracts of any of the content of the Webinar Materials is strictly prohibited. In particular, no part of the Webinar Materials may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service or used for any commercial purposes whatsoever without our prior written permission.
7.1 We shall use all reasonable efforts to ensure that the Webinars take place on the advertised dates and times. If, for any reason, a Webinar is unable to take place on the advertised date and time, a new date and time will be scheduled and will be posted on our Website.
7.2 The Webinar Materials are provided for reference purposes only and do not necessarily stand on their own and are not intended to be, nor should they be, relied upon for giving specific advice or providing specific treatment to a patient nor should they be used as a substitute for professional advice or judgement with respect to particular circumstances. Advice provided by us, or any of our presenters, during the Webinars is generic advice and does not take account of medical or other conditions that may affect a patient or the treatment they receive.
7.3 To the fullest extent permitted by law, neither we nor any of the presenters in any of the Webinars will be liable to you for any loss, injury, claim, liability or damage of any kind (whether direct or indirect) resulting in any way from:
(a) your use or misuse of the Webinar Materials or any advice or content contained therein;
(b) any errors in or omissions from the Webinar Materials; or
(c) the unavailability of or any interruption to the Webinars.
7.4 We shall have no liability for any losses or damages which may be suffered or incurred by you, whether the same arise in contract, tort (including negligence) or otherwise, which fall within any of the following categories:
(a) loss of profits;
(b) loss of anticipated savings;
(c) loss of business opportunity;
(d) loss of goodwill;
(e) loss of data; or
(f) any indirect loss, costs, damages, charges or expenses suffered by you which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time the contract between us is entered into.
7.5 Nothing in these Terms excludes or limits in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
8.1 We may terminate your subscription by written notice for any of the following reasons:
(a) if you to fail to comply with any of your obligations under these Terms or our Website Terms of Use and you fail to remedy (if capable of being remedied) such breach within seven (7) days of a request from us to remedy it; or
(b) if we suspect that you have disclosed or transferred your log-in and password details to a third party, or permitted a third party to access, the Webinars.
8.2 If we terminate your subscription pursuant to condition 8.1, your Membership benefits will automatically cease.
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
9.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action; or
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
(e) impossibility of the use of public or private telecommunications networks.
9.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to Tipton Training Limited at academy@tiptontraining.co.uk or Peter House, Oxford Street, Manchester, M1 5AN. We may give notice to you at either the e-mail or postal address you provide to us in the order form. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
12.1 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Terms which will continue to be valid to the fullest extent permitted by law.
12.2 We have the right to revise and amend these Terms from time to time and any changes will be posted to our Website.
12.3 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
12.4 A person who is not party to these Terms shall not have any rights under or in connection with them.
In these Terms and Conditions (Terms), references to you and your refer to you, the customer; and to we, us and our refer to Tipton Training Limited. Please read these Terms carefully before paying for your subscription to receive our webinars (Webinars) via our website www.tiptontraining.co.uk (Website). Payment of the first monthly subscription fee indicates that you accept the following Terms.
Important Notice: Your subscription is for a contract which continues for an initial fixed term of 12 months and thereafter on a rolling monthly basis. You are therefore committed to the subscription for a 12 month period. Once the 12 month period has expired, your subscription will automatically continue on a monthly basis unless terminated in accordance with condition 8 below.
1.1 In consideration for the payment of the monthly subscription fee (as set out on our Website or in the order form) (Monthly Fee), you will:
(a) receive secure password and log-in details for our Website which shall be required in order to access the members’ only area on the Website and to gain access to the Webinars;
(b) gain access to the Webinars for the duration of the Term of your subscription (as set out in condition 2.1 below); and
(c) be entitled to a number of other benefits, as set out on our Website or as set out in the order form and as may be amended or updated from time to time,
together the Membership benefits.
1.2 The Membership benefits are personal to you for the term of your subscription and are non-transferable.
2.1 The term of your subscription shall commence on the date of the order confirmation and shall continue for an initial period of twelve (12) months (Initial Term) and shall continue thereafter for one month periods unless and until terminated by you in accordance with condition 8.1 (Term).
3.1 You agree to pay the Monthly Fee (including VAT where applicable) to Tipton Training Limited each month during the Term. The first Monthly Fee shall be payable upfront and each Monthly Fee thereafter will be payable in advance. So for example, if you pay your first Monthly Fee on the 25th of a month, the next Monthly Fee will be due on the 25th of the following month. NOTE THAT YOU ARE CONTRACTUALLY OBLIGED TO PAY THE FIRST TWELVE MONTHLY FEES REGARDLESS OF WHETHER YOU CEASE TO USE THE MEMBERSHIP BENEFITS, EXCEPT WHERE YOU TERMINATE THE SUBSCRIPTION PURSUANT TO CLAUSE 8.1(a).
3.2 The amount of the Monthly Fee is set out on the Website or on your order form. Reduced rates are available to students. In order to qualify for the student rate, we may require you to provide evidence that you are in full time education.
3.3 If you are late in paying the Monthly Fee, then without prejudice to any other rights or remedies that we may have, we may:
(a) charge interest to you on the overdue payment at the rate of 3% a year above the base lending rate of HSBC plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay this interest together with the overdue amount; and
(b) suspend the Membership benefits until payment is received.
3.4 We reserve the right to change the amount of the Monthly Fee from time to time. We will give you at least 30 days’ notice of any proposed changes to the Monthly Fee and the date from which the change shall become effective by writing to you at the address set out in the order form. If you do not wish to accept an increase in the Monthly Fee, you may terminate your subscription in accordance with condition 8.1(a). In the unlikely event that the amount of the Monthly Fee on the Website is incorrect, we will notify you as soon as we reasonably can.
3.5 Payment can be made by standing order, credit card or debit card.
4.1 You agree to:
(a) keep your log-in and password details secure and not to share your log-in or password details with any third party nor to permit any third party to have access to the Webinars; and
(b) comply with our Website Terms of Use.
5.1 If you are contracting as a consumer and enter into a contract with us by e-mail, fax or telephone or via our website, you may cancel your subscription within seven (7) working days beginning on the day after you receive an order confirmation from us, unless you access any of the Webinars or utilise any of the Membership benefits within such seven (7) day period, in which event your right of cancellation will cease. In order to cancel your contract, you must notify us in writing of your intention to do so within such seven (7) day period and send such notification to us by hand, post, fax or e-mail at one of the addresses set out in these Terms.
5.2 Where you have cancelled your contract with us in accordance with condition 5.1, you will receive a full refund of the Monthly Fee already paid by you.
6.1 We are the owner or the licensee of the copyright, trade marks and all other intellectual property rights in the content of, and any materials or documents provided in connection with, the Webinars (Webinar Materials) and expressly reserve all rights in the same.
6.2 We grant to you a non-exclusive, non-transferable licence to access and to use the Webinar Materials for the sole purpose of research and study.
6.3 Unless we state otherwise, the reproduction and/or use of extracts of any of the content of the Webinar Materials is strictly prohibited. In particular, no part of the Webinar Materials may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service or used for any commercial purposes whatsoever without our prior written permission.
7.1 We shall use all reasonable efforts to ensure that the Webinars take place on the advertised dates and times. If, for any reason, a Webinar is unable to take place on the advertised date and time, a new date and time will be scheduled and will be posted on our Website.
7.2 The Webinar Materials are provided for reference purposes only and do not necessarily stand on their own and are not intended to be, nor should they be, relied upon for giving specific advice or providing specific treatment to a patient nor should they be used as a substitute for professional advice or judgement with respect to particular circumstances. Advice provided by us, or any of our presenters, during the Webinars is generic advice and does not take account of medical or other conditions that may affect a patient or the treatment they receive.
7.3 To the fullest extent permitted by law, neither we nor any of the presenters in any of the Webinars will be liable to you for any loss, injury, claim, liability or damage of any kind (whether direct or indirect) resulting in any way from:
(a) your use or misuse of the Webinar Materials or any advice or content contained therein;
(b) any errors in or omissions from the Webinar Materials; or
(c) the unavailability of or any interruption to the Webinars.
7.4 We shall have no liability for any losses or damages which may be suffered or incurred by you, whether the same arise in contract, tort (including negligence) or otherwise, which fall within any of the following categories:
a) loss of profits;
(b) loss of anticipated savings;
(c) loss of business opportunity;
(d) loss of goodwill;
(e) loss of data; or
(f) any indirect loss, costs, damages, charges or expenses suffered by you which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time the contract between us is entered into.
7.5 Nothing in these Terms excludes or limits in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
8.1 You may terminate your subscription with us:
(a) at any time upon giving written notice to us if we increase the Monthly Fee and you do not agree to such increase; or
(b) upon giving us 30 days’ notice following expiry of the Initial Term.
8.2 EXCEPT AS SET OUT IN CONDITION 8.1(a), IF YOU TERMINATE YOUR SUBSCRIPTION WITHIN THE INITIAL TERM, YOU WILL BE REQURIED TO PAY THE BALANCE OF MONTHLY FEES PAYABLE DURING SUCH 12 MONTH PERIOD.
8.3 We may terminate your subscription by written notice at any time for any of the following reasons:
(a) if you to fail to comply with any of your obligations under these Terms or our Website Terms of Use and you fail to remedy (if capable of being remedied) such breach within seven (7) days of a request from us to remedy it; or
(b) if any of your Monthly Fees remain unpaid for 30 days after falling due; or
(c) if we suspect that you have disclosed or transferred your log-in and password details to a third party, or permitted a third party to access, the Webinars.
8.4 In the event that we terminate your subscription pursuant to condition 8.3:
(a) we reserve the right to charge you the balance of Monthly Fees payable during the Initial Term; and
(b) your Membership benefits will automatically cease.
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
9.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action; or
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
(e) impossibility of the use of public or private telecommunications networks.
9.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to Tipton Training Limited at academy@tiptontraining.co.uk or Peter House, Oxford Street, Manchester, M1 5AN. We may give notice to you at either the e-mail or postal address you provide to us in the order form. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
12.1 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Terms which will continue to be valid to the fullest extent permitted by law.
2.2 We have the right to revise and amend these Terms from time to time and any changes will be posted to our Website.
12.3 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
12.4 A person who is not party to these Terms shall not have any rights under or in connection with them.
12.5 These Terms will be governed by the law of England and Wales. Any dispute arising in connection with the same shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.