These Terms and Conditions are the standard terms that apply to the HR training and development provided by us, Woodcote Business Consultancy Limited (trading as WoodcoteHR), a company registered in England & Wales under number 14050519, whose registered office address is 55 Tally Ho Road, Ashford, Kent, England, TN26 1HL (referred to in these Terms and Conditions as “the Company/we/us/our”).
Please read these Terms and Conditions carefully and ensure that you understand them – you will need to agree that you have read and accepted them before purchasing a Course from us. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to order from us.
Definitions and Interpretation:
In these Terms and Conditions, the following expressions have the following meanings:
“Account” means your account to access the Course (where applicable);
“Consumer” is as defined by the Consumer Law Act 2015.
“Contract” means the legally binding contract formed in accordance with clause 2, which includes these Terms and Conditions;
“Course” means any e-learning course provided by us;
“Client/You/Your” means you, the person ordering from us;
“Delegate” means any person who participates in the Course, including but not limited to your employees, workers and contractors;
“Paid Content” means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code, downloadable content and any other form of information capable of being stored in a computer that appears on or forms part of the Course; and
“Session” means any session provided by us in line with the Course.
The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation. Words imparting the singular shall include the plural and vice-versa. Any reference to “writing” and “written” includes communication by email.
How the Contract is Formed Between You and Us
Your order constitutes an offer to us, all orders are subject to acceptance by us. We will confirm such acceptance in writing to let you know the order has been successfully confirmed. The contract between us will only be formed when we send you the order confirmation. Orders shall not be deemed confirmed until the payment is paid
Signing up creates a legally binding Contract between you and us and includes the acceptance of these Terms and Conditions, which will apply between us. No terms or conditions stipulated or referred to by you in any form whatsoever will in any respect vary or add to these Terms and Conditions unless otherwise agreed by us in writing. You are responsible for the accuracy of any information submitted to us and for ensuring that the Contract reflects your requirements.
The Contract will commence on the date of purchase and will continue for a term of 3 months unless otherwise agreed.
Your Account: Sharing of Accounts is not permitted unless we expressly authorise this in writing. You are required to keep your account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your account details in your internet browser. We also recommend the password you choose is strong and secure, containing a combination of letters, numbers and symbols, and is changed regularly.
The Course
The Paid Content will be available to you immediately when we send you our order confirmation.
We do not warrant that the Course will be uninterrupted or error-free; nor that the Course, and/or the information obtained by you from the Course will meet your requirements. In some circumstances, we may need to suspend access to the Paid Content (in full or in part) to fix technical problems, to make necessary changes, to update the content to comply with relevant changes in the law or other regulatory requirements, or to make more significant changes to the Paid Content. If we need to make more significant changes, we will use all reasonable endeavours to inform you at least 30 days before the changes are due to take effect.
If we need to suspend availability of the Paid Content for any of the reasons set out in clause 4.3, we will inform you in advance (or as soon as possible if we need to suspend availability for urgent or emergency reasons) and explain why this is necessary.
Price and Payment
The price payable for any Course is as specified on the site. Payment must be made before any Paid Content will be available to you. All prices quoted are exclusive of VAT, where applicable.
All payments made will go through an online payment gateway provider. No credit or debit card information is provided to us and completion of the transaction will be subject to you agreeing to this payment gateway provider’s terms and conditions. A separate contractual relationship is created between you and the payment gateway provider and we cannot be held liable for any errors, actions, omissions or incorrect charges that may be made by this third party. We may from time to time change our prices. Changes in price will not affect any Course that you have already paid for.
The time for the payment is of the essence of the Contract. If you do not make payment to us by the due date, then without prejudice to any other rights or remedies available to us, we will have the right to suspend your access to the Course and charge you interest on the overdue sum at the rate of 8% per annum above the Bank of England base lending rate from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. We will also charge for any costs we may incur in attempting to recover any outstanding sum.
Cancellation
Either party has the right to terminate the Contract immediately if the other party has committed a material breach of this Contract, unless such breach is capable of remedy, in which case the right to terminate immediately will be exercisable if the other party has failed to remedy the breach within 14 days after a written notice to do so; or goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
If we suspend or terminate your access to the Course as a result of your breach of these Terms and Conditions, you will not be entitled to any refund. Such suspensions or terminations can be appealed by contacting us in writing. If we suspend or terminate your access to the Course for any other reason that is not a material breach of the Contract, we will refund you on a proportional basis. Access to any Paid Content will cease immediately from the date of termination.
Any and all obligations of the parties which either expressly or by their nature continue beyond the termination, cancellation or expiration of this Contract will survive termination under this clause 6 on a pro-rata basis.
Problems with the Course
If the Paid Content has faults, you are entitled to request we fix the problem. If we cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund. Please note that we will not be liable if we informed you of the fault(s) or other problems with particular Paid Content before you accessed it, and it is that same issue that has now caused the problem or if you purchased the Paid Content for an unsuitable purpose that is not obvious or made known to us and the problem resulted from your use of the Paid Content for that purpose.
Any refunds due under this clause 7 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund, using the same payment method that you used when purchasing the Course, unless you specifically request that we make a refund using a different method.
Intellectual Property Rights
We reserve all copyright and any other intellectual property rights which may subsist in, or in connection with, the Course. We reserve the right to take such actions as may be appropriate to restrain or prevent infringement of such intellectual property rights.
You may do the following:
Retrieve, display and view any Paid Content on a computer screen, or other devices such as a tablet; andPrint Paid Content for your own personal use.
You must not otherwise reproduce, modify, copy, distribute or use for any commercial purposes any content without our written permission.
You must immediately bring to our attention any infringement or suspected infringement of any of the intellectual property rights licensed to you of which you are aware and at our request, you will take such action or assist us in taking such action as we may deem appropriate to protect the intellectual property rights.
Communications and Contact Details
We always use reasonable efforts to ensure that the Course is trouble free. If, however, there is a problem with the Course, we request that you inform us at the time and we will endeavour to resolve it.
In the event of any chargebacks, we will seek to recover the original fees plus any associated costs.
If you wish to contact us with questions or complaints, you may do so by email at support@woodcotehr.co.uk.
Liability and Indemnity
Nothing in these Terms and Conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
Subject to clause 10.1, we will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable. We may provide you with information and advice within the Course. However, we cannot be held responsible for any actions, or lack of actions, you may take as a result of our advice.
Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a Consumer, or any other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standards Office.
Data Protection
Both parties agree to comply with all applicable data protection legislation including, but not limited to, the Data Protection Act 2018, the UK General Data Protection Regulation and any subsequent amendments to them.
If you provide us with the personal data of any other person, you warrant that you have obtained the permission of that other person to pass their data to us. We will only collect, store and process it in order to provide the Course to you and will not use it in any other manner without consent.
For further information, please refer to our privacy policy, available on our website.
Events Outside Our Control (Force Majeure)
We will not be liable or responsible for any failure or delay in performing any of our obligations under the Contract if that failure or delay is caused by any event beyond our reasonable control. This includes, but is not limited to: power failure, internet service provider failure, industrial action, fire, flood, storms, earthquakes, acts of terrorism or war, pandemic, governmental action or any other event beyond our reasonable control.
Other Important Terms
We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable).
You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission. The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions will be valid and enforceable.
No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
Law and Jurisdiction
These Terms and Conditions and the relationship between you and us (whether contractual or otherwise) will be governed by, and construed in accordance with, the laws of England and Wales.
Any dispute, controversy, proceedings or claim between you and us relating to the Contract or these Terms and Conditions (whether contractual or otherwise) will be subject to the jurisdiction of the courts of England and Wales.