Terms & Conditions
ALTRUIST - TERMS AND CONDITIONS
SECTION 1: INTRODUCTION
Welcome to the Altruist Enterprises website!
Altruist Enterprises UK Limited (Altruist, We, Our and Us) has a purpose-built website that offers its Users (You) access to purchase a whole host of training solutions and services via Our website https://altruistuk.com (Our Site).
For more details on Our range of services please visit the "Services" section of Our Site.
Please note that your access and use of Our Site is governed by the applicable terms and conditions that are set out in Sections 2 and 3 (below).
ANY INFORMATION PROVIDED VIA OUR WEBSITE IS INTENDED FOR GENERAL INFORMATION PURPOSES ONLY. ADDITIONALLY, OUR SERVICES ARE NOT INTENDED TO PROVIDE YOU WITH ANY MEDICAL ADVICE. IF ANY MEDICAL ADVICE IS FOR WHATEVER REASON REQUIRED, YOU SHOULD ALWAYS CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL.
THE USE OF OUR SERVICES IS AT YOUR OWN RISK. IF ANY USE OF OUR SERVICES IS CAUSING YOU ANY PHYSICAL OR MENTAL DISTRESS, PLEASE STOP USING OUR SITE AND SERVICES AND SEEK MEDICAL ATTENTION AS SOON AS POSSIBLE.
ALTHOUGH WE MAKE REASONABLE EFFORTS TO UPDATE THE INFORMATION PROVIDED VIA OUR SITE, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT SUCH INFORMATION IS ACCURATE, COMPLETE OR UP TO DATE OR THAT CONTENT AND SERVICES ARE SUITABLE FOR YOUR NEEDS. WE ARE A TRAINING COMPANY AND AS SUCH CANNOT GIVE YOU ANY MEDICAL ADVICE. IF YOU HAVE ANY COMPLIANTS OR FEEDBACK YOU CAN CONTACT US USING THE CONTACT DETAILS SET OUT IN SECTION 2 BELOW.
Please read these terms and conditions carefully before using Our Site
1 WHAT'S IN THESE TERMS?
These terms tell any user (You or User) the rules for using Our Site. If You do not agree to these terms, You must not use Our Site.
2 WHO WE ARE AND HOW TO CONTACT US
2.1 Our Site is operated by Altruist Enterprises UK Limited. We are registered in England and Wales under company number 08398023 and have Our registered office at Icentrum, Holt Street, Birmingham, England B7 4BP. Our VAT number is 305 3495 17.
2.2 To contact Us, please email firstname.lastname@example.org or telephone Us on 0121 271 0550.
3 BY USING OUR SITE YOU ACCEPT THESE TERMS
4 THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
4.1.1 Our terms and conditions of business (available at section 3);
5 HOW YOU MAY USE OUR SITE
5.1 You may use Our Site for lawful purposes only. You may not use Our Site:
5.1.1 in any way that breaches any applicable local, national or international law or regulation;
5.1.2 in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
5.1.3 to send, knowingly receive, upload, download, use or re-use any material which does not belong to You or that You have not right to use;
5.1.4 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
5.1.5 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
5.2 Furthermore, You agree not to access without authority, interfere with, damage or disrupt:
5.2.1 any part of Our Site;
5.2.2 any equipment or network on which Our Site is stored;
5.2.3 any software used in the provision of Our Site; or
5.2.4 any equipment or network or software owned or used by any third party.
6 HOW YOU MAY USE MATERIAL ON OUR SITE
6.1 We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.2 Subject to paragraphs 6.4 and 6.5 below, You may:
6.2.1 print off, download and/or embed copies, extracts or links of any page(s) from Our Site for your own personal use; and/or
6.2.2 draw the attention of others within your network to content posted on Our Site.
6.3 You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
6.4 Our status (and that of any identified contributors) as the authors of content on Our Site must always be acknowledged.
6.5 You must not use any part of the content on Our Site for commercial purposes without obtaining a licence to do so from Us or Our licensors.
7 WE MAY SUSPEND OR WITHDRAW OUR SITE
7.1 We do not guarantee that Our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Site for business and operational reasons. We will try to give You reasonable notice of any suspension or withdrawal.
8 WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
8.1 Where Our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by Us of those linked websites or information You may obtain from them.
8.2 We have no control over the contents of those sites or resources.
9 RULES ABOUT LINKING TO OUR SITE
9.1 You may link to any pages on Our Site, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it.
9.2 You must not:
9.2.1 establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists;
9.2.2 establish a link to Our Site in any website that is not owned by You
9.3 We reserve the right to withdraw linking permission without notice.
9.5 If You wish to link to or make any use of content on Our Site other than that set out above, please contact Us via email at email@example.com or telephone Us on 0121 271 0550.
10 HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS
If You wish to complain about content uploaded by other Users, please contact Us via email at firstname.lastname@example.org or telephone Us on 0121 271 0550.
11 LIMITATION OF LIABILITY
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE 11 WHICH CONTAINS LIMITATIONS ON OUR LIABILITY
11.1.1 death or personal injury caused by negligence;
11.1.2 fraud or fraudulent misrepresentation; and
breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
11.2 You agree not to use Our Site for any commercial or business purposes, and We have no liability for:
11.2.1 loss of profits, sales, business, or revenue;
11.2.2 business interruption;
11.2.3 loss of anticipated savings;
11.2.4 loss of business opportunity, goodwill or reputation; or
11.2.5 any indirect or consequential loss or damage; and
11.2.6 subject to clause 11.1 and to the maximum extent permitted by applicable law, if We are found to be liable to You by any court or other competent authority (whether such liability arises in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any losses, damages, costs or expenses that You incur or suffer, Our liability will be limited to the total Fees earned by Altruist in respect of the Services provided to You in the twelve (12) months preceding the date on which the relevant claim arises.
12 HOW WE MAY USE YOUR PERSONAL INFORMATION
13 WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
13.1 We do not guarantee that Our Site will be secure or free from bugs or viruses.
13.2 You are responsible for configuring your information technology, computer programmes and platform to access Our Site. You should use your own virus protection software.
13.3 You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.
14 WE MAY MAKE CHANGES TO THESE TERMS
15 WE MAY MAKE CHANGES TO OUR SITE
We may update and change Our Site from time to time to reflect changes to Our services, Our Users' needs and Our business priorities. We will try to give You reasonable notice of any major changes.
16 WE MAY TRANSFER THESE TERMS OF AGREEMENT TO SOMEONE ELSE
17 WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
SECTION 3: TERMS AND CONDITIONS OF BUSINESS
This section 3 sets out an overview of the Services that are provided through Our Site along with the applicable terms and conditions.
Please carefully read these terms and conditions and make sure that You understand them before proceeding with booking Our Services, in particular the liability and indemnity exclusion at Clause 14.
By submitting a booking request, You are expressly agreeing to and will act in accordance with these terms and conditions.
Please note as part of these terms and conditions, also included are:
i. Schedule 1 – Description of Services, summarising important information about the delivery of Our Services;
ii. Schedule 2 – Order Process, highlighting the process of ordering Our Services; and
iii. Schedule 3 – Cancellation, setting out the instructions You must comply with in order to cancel any of Our Services.
1 These Terms
Please read these terms and conditions carefully before You submit your order. These terms and conditions tell You who We are, how We will provide Our services to You (e.g. deliver Courses and provide access to Our resources), how You and We may change or end the contract, and other important information. By submitting an order to us or similar (including submitting a booking form), You are agreeing to these terms and conditions. If You do not agree to these terms and conditions, You should not submit an order.
2 Information about us and how to contact us
2.1 We are Altruist Enterprises UK Limited, a company registered in England and Wales. Our company registration number is 08398023 and Our registered office is at Icentrum, Holt Street, Birmingham, England B7 4BP. Our registered VAT number is 305 3495 17.
2.2 How to contact Us. You can contact us by email email@example.com or telephone on 0121 271 0550.
2.3 How We may contact you. If We have to contact You, We will do so by telephone or by writing to You at the email address or postal address You provided to Us in Your order.
2.4 "Writing" includes emails. When We use the words "writing" or "written" in these terms and conditions, this includes emails.
3 Our contract with you
3.1 If You are entering into the contract on behalf of an organisation in order to enrol one or more employees, agents, contractors, or other individuals (Delegates) in a Course, You represent and warrant that You have full capacity and authority to enter into this agreement and, if You are entering into the contract on behalf of an organisation, that You are a duly authorised representative of that organisation.
3.2 Once You place your order in accordance with the process outlined at Schedule 2 – Order Process, We will review your or your Delegates' enrolment in the relevant Course and will email You if such enrolment is accepted. At that point a contract will come into existence between You or your organisation (as applicable) and us (the contract). The contract incorporates these terms and conditions.
3.3 If We are unable to accept your or your Delegates' enrolment in a Course, We will inform You of this by email and will not charge You for the Course. This might be because the Course is fully booked or no longer available, or because You or your Delegates' do not meet Our enrolment criteria (which We may determine as We think appropriate from time to time in Our discretion). If You have already paid any amounts for the Course, We will refund You what You have paid.
3.4 Our order process allows You to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
4 Your rights to make changes and cancel your order
4.1 How do You change Your or Your Delegates' Course enrolment?
4.1.1 If You wish to make a change to Your or Your Delegates' Course enrolment, please contact Us. We will let You know if the change is possible, which will be decided at Our sole discretion.
4.1.2 If it is possible, We will let You know about any changes to:
(a) the price of the Course;
(b) the timing of supply; or
(c) anything else which would be necessary as a result of Your requested change,
before making such change. We will then ask You to confirm whether You wish to go ahead with the change and proceed accordingly.
4.1.3 If We cannot make the change, or the consequences of making the change are unacceptable to You, You may terminate the contract, and Your or Your Delegates' enrolment in the Course, in accordance with Our cancellation and refund policy, set out in clause 11.
4.2 Can You transfer Your or Your Delegates' enrolment to another Delegate?
4.2.1 Subject to clause 4.3, if You wish to transfer Your or Your Delegates' enrolment to another Delegate, Course, You may do so, provided always that:
(a) You notify Us at least 72 hours in advance of the Course start date;
(b) We are able to accommodate such transfer, which is to be decided at Our sole discretion; and
(c) We may charge You an amount equal to £40 (plus VAT) per Delegate transferred as an administration fee if such notice of transfer is received less than 14 days in advance of the Course start date.
Under no circumstances shall You be able to make any transfer less than 72 hours in advance of the Course start date.
4.2.2 Substitutions for the MHFA Services (defined below) will be subject to Your Delegates receiving and transferring the MHFA Materials (defined below) to any new Delegates in time for the relevant MHFA Services Course which We will not be responsible for. We accept no liability and will not be required to issue any refund, in full or in part, if any of Your Delegates are not able to take part due to not receiving the MHFA Materials in time.
4.3 Can You add additional Delegates to Your order?
4.3.1 If You wish to add additional Delegates, You may do so provided that:
(a) You provide Us with full details of such additional Delegates (including their names and email addresses) at least 7 days in advance of the commencement date of the relevant Course; and
(b) such additions do not result in the total Delegates exceeding 16 Delegates per Course.
These conditions are required to ensure Our Materials (defined below) arrive in time, and that We are able to provide the best Services to You.
4.3.2 Once any additional Delegates are confirmed, We will issue a separate invoice to You for the cost of the additional Delegates in accordance with clause 13.
4.3.3 If a Delegate is added pursuant to this clause 4.3, but does not attend the relevant Course, You will pay the costs associated with this additional Delegate pursuant to clause 11.3.
4.4 If You are a consumer, and not a company, You may terminate the contract, and Your enrolment in a Course within 14 days of the date You place Your order, by written notice to Us, and We will issue You with a refund of any Fees You have paid in advance in respect of your enrolment.
4.5 Can You terminate the contract and unenroll your Delegates from a Course?
You may terminate the contract and Your or Your Delegates' enrolment in a Course at any time by written notice to Us, provided that Our cancellation and refund policy, set out in clause 11, will apply.
5 Our rights to make changes and suspend the Course
5.1 After You have enrolled in a Course, We may change the Course content:
5.1.1 to reflect changes in relevant laws and regulatory requirements; or
5.1.2 to implement minor changes or improvements.
5.2 In addition, We may on occasion need to make more significant changes to the Course. We will notify You of any such changes. If, after We notify You of such changes, You no longer wish to participate in the Course, We will cancel your or your Delegates' enrolment and issue You with a refund of any Fees paid, in accordance with Our cancellation and refund policy, set out in clause 11. If We materially change the Course after it has started and You wish to discontinue your enrolment in the Course, We may retain a portion of Fees that reflects services provided to You up to the date You terminate your enrolment.
5.3 We may update the Course content from time to time, provided that the Course content shall always substantially match the description of it that We provided to You before You enrolled in the relevant Course (unless the description is changed in accordance with this clause 5).
5.4 We may have to change the Course timing or suspend the provision of a Course to:
5.4.1 deal with technical problems or make minor technical changes; or
5.4.2 update the Course to reflect changes in relevant laws and regulatory requirements.
5.5 We will use reasonable endeavours to contact You in advance to tell You We will be changing the Course timing or suspending provision of your Course. If Our supply of a Course is delayed by an event outside Our control, this will be governed by clause 16.
5.6 If You do not pay any part of the Fees for your Course when You are supposed to and You still do not make payment within seven days of us reminding You that payment is due, We may suspend your or your Delegates' enrolment in the Course until You have paid us the outstanding amounts. We will contact You to tell You We are suspending your or your Delegates' enrolment in the Course. As well as suspending your or your Delegates' enrolment in the Course We can also charge You interest on your overdue payments, pursuant to clause 13.8.
6 Providing the Course
6.1 You or your Delegates will only be issued with a Course certificate and certified in respect of the methods We teach during the Courses (Our Methods), once We have determined that You or your Delegates (as applicable) successfully meet all the Course criteria and provided that You have fully participated in the Course, have paid all Fees, and completed the feedback form received by email after completion of the relevant Course. The Course criteria will be communicated to You or your Delegates (as applicable) during the Course.
6.2 The Course is scheduled to begin on the date, and will be of the duration, specified in the information made available to You once You have placed your order, or provided to You by email. In some circumstances We may need to change the dates during which the Course will be provided. Please refer to clause 5 for further information.
7 Your responsibilities
7.1 It is your responsibility to ensure that:
7.1.1 you and your Delegates (if applicable) co-operate with us in all matters relating to the Course;
7.1.2 you and your Delegates (if applicable) provide us with such information and materials as We may reasonably require in order to provide the Course, and ensure that such information is complete and accurate in all material respects;
7.1.3 you and your Delegates (if applicable) comply with Our policies, all applicable laws, regulations, regulatory requirements, by-laws, codes of practice, British Standards and EU or international standards from time to time applicable, and Our standards and directions relating to the Course and Our Methods;
7.1.4 you and your Delegates (if applicable) keep all of materials, equipment, documents and other property We provide to You (Our Materials) in safe custody at your own risk, maintain Our Materials in good condition until returned to us, and not dispose of or use Our Materials other than in accordance with Our written instructions or authorisation.
7.3 If You or your Delegates do not give us this information within a reasonable time of us asking for it, or if You or your Delegates give us incomplete or incorrect information (such as an incorrect address):
7.3.1 we will not be responsible for this error and any losses suffered as a result in the event that Delegate is unable to attend the relevant Course;
7.3.2 we may make an additional charge of a reasonable sum to compensate us for any extra work that is required if We are able to rectify the error in time for the relevant Course; and
7.3.3 no refund will be payable in the event We are unable to rectify the error in time for that Delegate to attend the relevant Course.
7.4 We will not be responsible for not providing any part of the Course or access to your Delegates if this is caused by You or your Delegates not giving us the information We need within a reasonable time of us asking for it.
8 Intellectual Property Rights
8.1 All intellectual property rights in or arising out of or in connection with Our Services will be owned by us (or Our licensors, as applicable) (Content). For clarity, Content shall include any digital content (including text, graphics, images, audio, and video) comprising any training, instruction, session or Course, or any other materials or other information related thereto, provided by us (or Our contractors) through Our Services.
8.2 You acknowledge and agree, and will procure that your Delegates (if applicable) acknowledge and agree, that:
8.2.1 all right, title and interest (including intellectual property rights) in and to Our Materials and Our Methods remain vested in us and that You and your Delegates do not have any rights to Our Materials and Our Methods other than as specifically set out in these terms and conditions; and
8.2.2 any intellectual property rights arising out of or in connection with the Course, including but not limited to any improvements, updates, modifications or adaptations to Our Materials and Our Methods, will be owned by us.
8.3 We agree to grant You a non-exclusive, royalty-free licence:
8.3.1 during the term of your Course to use Our Materials and other items We give You for the sole purpose of participating in the Course; and
8.3.2 during the term of your membership to access and use Our Content for your own information.
8.4 You and your Delegates (if applicable) may not sub-license, assign or otherwise transfer the rights granted to You under this clause 8.
8.5 You must, and must procure that your Delegates (if applicable) will:
8.5.1 not remove any copyright or trade mark notices on Our Materials, Our Content or cause or permit anything to be done which may damage or endanger Our Methods, Our Materials, Our Content or any other intellectual property of us or Our title to them or assist or allow others to do so;
8.5.2 not sell, commercialise, copy, adapt, reverse engineer, modify, display, transmit, create derivative works of, or distribute Our Materials, Our Methods or Our Content, except as expressly permitted pursuant to these terms and conditions;
8.5.3 notify us of any suspected infringement of Our intellectual property rights of which You become aware;
8.5.4 take such reasonable action as We shall direct, at Our expense, in relation to any such infringement;
8.5.5 compensate us for any use by You or your Delegates of Our Methods, Our Materials, Our Content or Our other intellectual property rights otherwise than in accordance with these terms and conditions;
8.5.6 on the expiration or termination of the contract for whatever reason, immediately cease all use of Our intellectual property rights, except to the extent expressly permitted otherwise under these terms and conditions;
8.5.7 not use, or seek to register, Our trademarks or any derivation of them without Our consent; and
8.5.8 not use any other trade mark or logo with or in relation to Our Materials, Our Methods or Our Content.
8.6 You will not, and will procure that your Delegates (if applicable) will not, do, or omit to do, or permit to be done, any act that will or may weaken, damage or be detrimental to Our trademarks or other intellectual property rights, or the goodwill associated with them. Any goodwill derived from your use of Our Methods, Our Materials, Our Content or other intellectual property will accrue to us. You will not, and will procure that your Delegates will not, apply for, or obtain, registration of any marks that are similar to Our trade marks in any country in the world.
8.7 You grant, and will procure that your Delegates (if applicable) grant, to us and Our affiliates a worldwide, perpetual, irrevocable and royalty-free licence to use and incorporate into Our Methods, Our Materials and Our Content any suggestion, enhancement, request, feedback, recommendation or correction provided by You or your Delegates relating to Our Courses or use of the Services.
You undertake that You will not, and You will procure that your Delegates will not, during the term of the contract or afterwards, disclose to any person any confidential information concerning Our business, affairs, customers, clients, suppliers, intellectual property, Our Materials. Our Methods or Our Content and that You will use the same degree of care that You use to protect the confidentiality of your own confidential information in respect of Our confidential information. You may disclose Our confidential information as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority, provided that You give us prior notice of the disclosure (to the extent legally permitted) and reasonable assistance, at Our cost, if We wish to contest the disclosure. You may only use Our confidential information for the purpose of fulfilling your obligations and exercising your rights under these terms and conditions.
10 Our rights to end the contract
10.1 We may end the contract and terminate your or your Delegates' enrolment in a Course at any time by writing to You if:
10.1.1 you do not make any payment to us when it is due, and You still do not make payment within 7 days of us reminding You that payment is due;
10.1.2 you or your Delegates do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Course;
10.1.3 you or your Delegates do comply with Our code of conduct, policies, manuals and any other instructions We issue from time to time with respect to Our Methods or Our Materials;
10.1.4 you or your Delegates have, or We reasonably believe You or your Delegates have, infringed Our intellectual property rights or other rights;
10.1.5 you or your Delegates have acted in a way that We reasonably believe will or may bring us into disrepute; or
10.1.6 you or your Delegates have engaged, or We reasonably suspect You have engaged, in any illegal, fraudulent, or abusive activity in connection with the contract or your or your Delegates' enrolment in a Course.
11 Consequences of termination and refund policy
11.1 If You terminate the contract or your or your Delegates' enrolment in a Course in one of the circumstances set out in clause 4.4, 5.2 or 5.5, We will refund all Fees You have paid in advance in respect of your or the relevant Delegates' enrolment in a Course.
11.2 Please note that in order to make a cancellation, You must adhere to the process and instructions set out at Schedule 3 – Cancellations.
11.3 If You terminate the contract or your or your Delegates' enrolment in a Course without cause or in one of the circumstances set out in these terms and conditions (except under clause 4.4, 5.2 or 5.5), the following refund policy applies:
11.3.1 if You notify us in writing that You are cancelling your or your Delegates' enrolment in a Course either:
(a) 4 weeks in advance of the Course start date, or
(b) before the delegate registration link has been issued by Us,
(whichever is earlier), We shall refund all Fees, save for £150 plus VAT which We will be entitled to retain as a cancellation fee; and
11.3.2 if You notify us in writing that You are cancelling your or your Delegates' enrolment less than 4 weeks in advance of the Course start date, You are not entitled to a refund, and We shall be entitled to retain 100% of the Course Fees (plus VAT). If You have not yet paid 100% of the Course Fees (plus VAT), We will invoice You for an amount equal to the difference between the amounts You have paid (if any) and 100% of the Fees (plus VAT), for the Course.
11.4 If a Delegate fails to attend a Course and has not given prior notice in writing to Us within the 4 week cancellation period stated above, the full Fees will remain payable, and no transfer will be allowed to any other Delegate for attendance.
11.5 Part-completion of a Course is not allowed and if a Delegate fails to attend any session of a Course, they will not receive their certification and will be required to complete the full Course again if they wish to receive the relevant certification.
11.6 On termination of the contract or your or your Delegates' enrolment in a Course for any reason:
11.6.1 except to the extent expressly provided otherwise in these terms and conditions, all rights and licences granted to You and your Delegates pursuant to these terms and conditions will cease, and You will immediately cease all use of Our intellectual property rights; and
11.6.2 you will immediately pay all amounts due and outstanding to us as at the date of termination; and
11.6.3 you will, and will procure that your Delegates will, immediately return any of Our confidential information and Our Materials in your possession or control.
11.7 On termination or expiry of the contract for any reason, clauses 3.1, 8, 9, 11, 14, 16 and any other clause that by its nature is intended to survive termination or expiry of the contract, will survive such termination or expiry.
12 If there is a problem with the Course
If You have any questions or complaints about the Course, please contact us. You can email Our team at firstname.lastname@example.org or telephone on 0121 271 0550.
13 Price and payment
13.1 In consideration for the provision of the Services, You shall pay Us the Fees in accordance with this clause 13.
13.2 The fees will be the price indicated on the order pages when You placed your order or otherwise communicated to You in writing (which is exclusive of VAT) (the Fees).
13.3 Our invoice shall be issued when We receive a completed booking form, before the Delegate registration link is completed.
13.4 The Fees, which shall be payable within 14 days of receipt of Our invoice to a bank account nominated in writing by Us, shall include the following:
13.4.1 the cost of expenses incurred in connection with the Services, including but not limited to shipping costs; and
13.4.2 the cost to Us of Our Materials procured from third parties for the provision of the Services.
13.5 If You dispute any Fees (in each case a Disputed Fee):
13.5.1 You shall notify Us in writing within ten days of receipt of the relevant invoice, specifying the Disputed Fee and the reason the Fees are a Disputed Fee;
13.5.2 You shall provide all evidence as may be reasonably necessary to verify the Disputed Fee;
13.5.3 You shall pay to Us all amounts not disputed by You; and
13.5.4 You and Us shall negotiate in good faith to attempt to resolve the dispute promptly.
13.6 All amounts payable by You exclude amounts in respect of value added tax (VAT), which You shall additionally be liable to pay to Us at the prevailing rate (if applicable), subject to receipt of a valid VAT invoice.
13.7 We accept payment for Our Services by BACs or by cheque (made out to Altruist Enterprises, iCentrum, 6 Holt Street, Birmingham, B7 4BP), except that payment for the Public Services can also be made by credit and debit card payments.
13.8 If You do not make any Course payment to us by the due date We may charge interest to You on the overdue amount at the rate of 4% per annum and We may elect to suspend the delivery of the Services until payment has been made. 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 us interest together with any overdue amount.
13.9 All amounts due from You to Us shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14 Liability and indemnification
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE 14 WHICH CONTAINS LIMITATIONS ON OUR LIABILITY
14.1 To the fullest extent permitted by law, except as expressly provided otherwise in these terms and conditions, We exclude all warranties, representations, terms, conditions or other commitments of any kind, that may apply to Our Courses, Content or Services, whether express or implied, statutory or otherwise, and We specifically disclaim all implied warranties, including (without limitation) any warranties, representations, terms, conditions or other commitments of merchantability or fitness for a particular purpose or of satisfactory quality or of reasonable skill and care.
14.2 We are not liable:
14.2.1 under the contract for any indirect or consequential losses or for any loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, or loss of or damage to goodwill (in each case whether direct or indirect);
14.2.2 for any accidents or misuse of training carried out by any delegates after they have completed the Course;
14.2.3 for the content of any MHFA Materials;
14.2.4 for any loss of personal property; and/or
14.2.5 for any sites that are not owned or controlled by Us (including where Courses are hosted by MHFA).
14.3 Subject to clause 14.4 and the maximum extent permitted by applicable law, Our total liability to You arising under or in connection with:
14.3.1 the contract; or
14.3.2 the access or use of, or inability to access or use, the Services (or any part thereof),
whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the Fees paid by You in the 12 month period preceding the date on which the relevant claim or claims arise.
14.4 Nothing in the contract excludes or limits Our liability for death or personal injury caused by Our negligence; for fraud or fraudulent misrepresentation; or for any other liability which by law cannot be excluded or limited.
14.5 You will indemnify us full and keep us indemnified against all losses, damages, costs (on a solicitor and own client basis), claims, expenses and liabilities suffered or incurred by us arising out of or in connection with any breach by You or your Delegates (as applicable) of the contract or any misuse by You or your Delegates of Our Methods or Our Materials, or any claim, demand, suit or proceeding made or brought against us by a third party arising from any breach by You or your Delegates (as applicable) of Our policies, code of conduct, manuals or any other instructions given by us in connection with Our Methods or Our Materials.
15 Data Protection and Privacy
15.1 For the purposes of this clause 15, Applicable Data Protection Laws shall mean all applicable data protection and privacy legislation in force from time to time in the UK including without limitation the UK GDPR (as defined in section 3(10) (supplemented by section 205(4)) of the DPA 2018); the Data Protection Act 2018 (and regulations made thereunder) (DPA 2018); and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended; and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the information commissioner or other relevant regulatory authority and which are applicable to a party.
15.3.1 provide the Services;
15.3.2 process your payment; and
15.3.3 inform You about similar services that We provide, but You may stop receiving these at any time by contacting Us.
16 Force Majeure
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations that is caused by any act or event beyond Our reasonable control (Event Outside Our Control).
16.2 If an Event Outside Our Control takes place that affects the performance of Our obligations:
16.2.1 We will contact You as soon as reasonably possible; and
16.2.2 Our obligations will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. We will use all reasonable endeavours to re-commence the affected Services as soon as possible after the Event Outside Our Control is resolved.
16.3 You may cancel the Services if it is affected by an Event Outside Our Control which has continued for more than sixty (60) days. To cancel please contact Us in accordance with Schedule 3 – Cancellation and specify that You are relying on this clause 16 – Force Majeure. If You opt to cancel, We will refund any paid Fees in accordance with clause 6, less any Fees reasonably and actually incurred by Us in performing the Services up to the date of the occurrence of the Event Outside Our Control.
16.4 In the event the relevant trainer for the Services You have sought is unavailable due to an Event Outside Our Control, We will endeavour to source a substitute and, if required, rearrange the relevant Course for the soonest alternative date possible, and in the event the Course is not rearranged within sixty (60) days of the original Course date, You shall be able to cancel and We will refund any paid Fees in accordance with clause 6, less any Fees reasonably and actually incurred by Us in performing the Services up to the date of the original Course date.
17.1 We may assign or transfer Our rights and obligations under the contract to another organisation. You may only assign or transfer your rights or your obligations under the contract to another person if We agree to this in writing.
17.2 These terms and conditions constitute the entire agreement between You and us in respect of its subject matter and supersede and extinguish all previous agreements, assurances, representations and undertakings between You and us, whether written or oral, relating to its subject matter.
17.3 A person who is not a party to the contract shall not have any rights under or in connection with it (including under the Contracts (Rights of Third Parties Act 1999).
17.4 Each of the clauses of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
17.5 Nothing in the contract is intended to, or shall be deemed to, establish any partnership or joint venture between You and us, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
17.6 No failure or delay by a party to exercise any right or remedy provided under the contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
17.7 The contract, the relationship between You and us and any non-contractual rights and the performance of the obligations in connection with the contract, shall be governed and construed in accordance with the laws of England and Wales and You and We irrevocably submit to the exclusive jurisdiction of the English Courts.
Schedule 1 – Description of Services
1 Nature of services
1.1 We offer the following services
1.1.1 Training Courses open to the general public and organisations that wish to train 1 – 7 members of staff (Public Services);
1.1.2 Mental Health First Aid Courses are licensed by MHFA England including, but not limited to; Mental Health First Aid, MHFA Half Day, MHFA Refresher, Youth MHFA, Youth MHFA Half Day, Youth MHFA Refresher (MHFA Services); and
1.1.3 Training Courses delivered and tailored to a particular organisation to a minimum of 8 delegates. Including, but not limited to; Managers Mental Health Training, Employee Mental Health Awareness, Resilience and Stress Management, Train the Trainer for Mental Health at Work (Private Services),
together, the Services.
1.2 The typical start time for delivery of Our Courses is 9:30am or 1:00pm, but this is indicative only and the relevant start time will be confirmed by Us ahead of the relevant Course.
2 Completion of Course
2.1 Delegates must complete the full training Course including the self-guided learning and instructor-led session(s) to pass the applicable Course.
2.2 On completion of the Course, Delegates will receive a feedback survey via the email they have provided, and Delegates must complete the Course feedback survey in order to receive their certificate.
3 Session recordings
3.1 We do not typically provide any recordings of Our Courses or any associated sessions for the following reasons:
3.1.1 to protect Our intellectual property rights; and
3.1.2 to cultivate an open environment during Our Courses and associated sessions so that Delegates feel comfortable to engage with the content and share their thoughts,
however, We retain the right to do so at Our discretion, though We would aim to notify You in advance of doing so.
Schedule 2 – Order Process
1 All Services
1.1 Following receipt of an enquiry for Services, We will send You Our online booking form for You to complete.
1.2 Once You complete the booking form and submit it, Our acceptance of your order will take place when We confirm the booking, and You receive an electronic invoice sent to the "finance contact" who You specify in the booking form (unless paid for directly via credit or debit card, as set out below).
1.3 At this point a contract will come into existence between You and Us and We will also confirm your order via email.
1.4 If We are unable to accept your order, We will inform You of this by email and will not charge You for the Services.
1.5 We will assign an order number to your order and tell You what it is when We accept your order. Please use the order number whenever You contact Us about your order.
At least 4 weeks before the Course commencement date, You will receive a Delegate registration link, where You will be required to enter all Delegate names and email addresses (the number of Delegate names and email addresses must be equal to the number of Delegates stated in the booking form).
1.6 Our invoice shall be issued when We receive the completed booking form, before the Delegate registration link is completed; for Public Services, You can pay immediately when You make the booking via Our Site.
1.7 Following completion of the Delegate registration link, the specified Delegates will receive joining instructions via email, which will include:
1.7.1 Course date and time, Zoom / Microsoft Teams link, trainer details, and electronic Course materials for online Courses; and
1.7.2 Course date and time, location, trainer details, and information regarding materials for Courses in person.
1.8 Please note, We operate up to a 6-week lead time for all Course bookings.
1.9 Please also note, the order process above will apply for all Services save as set out below.
2 Public Services
All Public Services may be booked via Our Site and either:
2.1.1 paid for directly by credit card or debit card. Delegates will automatically receive a tax invoice from Arlo (Our training management provider), which can be used to raise a purchase order, but no other invoice will be issued; or
2.1.2 paid via an invoice. Delegates will receive a separate invoice with Our bank details and a purchase order number (if required), before receiving a full invoice which will be payable in accordance with clause 13.4.
3 MHFA Services:
3.1.1 Online evaluation forms and certificates for MHFA Services are sent by MHFA England and if You have not received:
(a) your evaluation form or certificate, please email email@example.com; or
(b) your materials, please email firstname.lastname@example.org,
and include Course name, "Altruist Enterprises", Course date and time;
3.1.2 For MHFA Services delivered online:
(a) within the Course joining instructions, Delegates will receive a Mental Health First Aid England registration link and Delegates must complete this to register as a candidate to receive their hard copy materials and certification;
(b) hard copies of the Mental Health First Aid Manual, Workbook and Action Plan ‘Z’ Card will be sent directly to the postal address entered into the online registration form (and accessible versions e.g., large print can be accommodated) (together the MHFA Materials); and
(c) you will be unable to participate in the training if You do not have access to the hard copy materials.
3.1.3 For MHFA Services delivered in person, Delegates are registered by Us and bulk hard copy materials are sent directly to the training venue, as specified in the booking form, unless otherwise agreed between You and Us.
Schedule 3 – Cancellation
Right to cancel
If You are a consumer, You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right to cancel, You must inform Altruist of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model cancellation form (on page 2), but it is not obligatory.
Your communication concerning your exercise of the right to cancel should be sent to:
We would advise this is sent by Recorded Delivery, but this is not obligatory
Altruist Enterprises UK Limited
To meet the cancellation deadline, it is sufficient for You to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If You cancel this contract, We will reimburse to You all payments received from you.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which We are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of the reimbursement.
If You requested to begin the performance of services during the cancellation period, You shall pay us an amount which is in proportion to what has been performed until You have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract.
(Complete and return this form only if You wish to withdraw from the contract)
To: Katie Buckingham
Altruist Enterprises UK Limited, Icentrum, Holt Street, Birmingham, B7 4BP
Telephone number : 0121 271 0550
E-mail address email@example.com
I/We [*] hereby give notice that I/We [*] cancel my/our contract With Altruist for the supply of Services.
Ordered on [*]:
Name of consumer(s):
Address of consumer(s):
Brief description of Services ordered:
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate