Terms and conditions of Supply of Services and Website Terms of Use
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Terms and Conditions of Supply of Services
Introduction
These terms and conditions apply between any person firm company or other entity specified in any booking form you submit to us (“You” and/or “Your”) and Angela Gould trading as Building Motivation and Attainment in Mathematics of PO Box 1223 Warrington WA1 9FN (“Us/we/Our”) for the booking of the Maths Activity Day and/or Maths Teacher Meetings as specified in the booking form you have submitted to us; whichever shall be applicable (“the Services”). Please read these terms and conditions very carefully as they contain very important information about the Services and the terms upon which we have agree to provide them to you. By submitting your booking form you agree to be bound by these terms and conditions and if you do not agree to bound by these terms then we will not be able to accept your booking form.
PLEASE SEE CONDITION 11 BELOW – LIMITATION OF LIABILITY
1 By submitting your booking form you will be making an offer to purchase the Services on the terms and conditions as detailed in this document but which remains subject to us accepting your offer. A binding contract between us will only come into effect when we have confirmed in writing to you that we have accepted your booking form. When we have confirmed in writing that we have accepted your booking form a legally binding contract will come into effect (“the Contract”). These terms alone will apply to (and will form part of) the Contract and they supersede any previously issued terms and conditions and no other terms or conditions which you put forward will form part of the Contract unless those terms have been expressly agreed by us in writing and signed by us or on our behalf.
2 The price for the Services will be specified in your booking form (“your fees”) and payment of these fees are to be made in accordance with the booking form except where the services being purchased are Maths Teacher Meetings in which case the remainder of this condition 2 shall apply. If you have booked to attend a Maths Teacher Meeting we will request that you pay your fees for your attendance at the relevant Maths Teacher Meetings at the time you make your booking and payment must be received in full and in cleared funds by us. If we do not receive cleared funds prior to the Maths Teacher Meeting taking place we may require you to pay before being allowed to enter the Maths Teacher Meeting or we may refuse you entry to the Maths Teacher Meeting and in the event we refuse you entry no refunds of any proportion of your fees already paid (if any) shall be refundable and the balance of your fees will be due and payable. If you have paid your fees for the Maths Teacher Meeting and you have to cancel your booking then we will refund all your fees paid minus 20% in respect of administration costs subject to you giving us notice of the cancellation 28 days or more before the relevant Maths Teacher Meetings is to take place. If you give us notice less than 28 days but more than fourteen days before the date the relevant Maths Teacher Meetings is to take place then we will refund 50% of your fees paid to cover our administration costs. If you cancel less than 14 days before the Maths Teacher Meeting or you fail to attend the Maths Teacher Meeting then we will retain all your fees and you will not be entitled to a refund and in the event you owe us any fees in respect of the Maths Teacher Meeting these fees will be immediately due and payable however, we are happy to allow you to appoint another individual who will attend in your place provided you confirm this individuals details to us in writing no later than 48 hours before the relevant Maths Teacher Meetings takes place. Any cancellations or notifications of replacement delegates must be sent to us by email to data.bmam@gmail.com
3 The prices for the Services are correct at the time of publication however, we reserve the right to change the prices at any time but any changes will not affect any booking forms which have been confirmed by us in accordance with condition 1 above. The prices for the Services do not include VAT and if VAT becomes payable for the Services then you will have to pay the VAT on top of the prices stated for the Services.
4 In the event you fail to pay in accordance with these terms and/or the booking term we may charge interest on any sums outstanding at the rate of 2% a year above the base lending rate of Halifax Plc and this interest will be calculated from the date the sums were due to paid until we receive the payment in full. In the event we choose to charge interest it will not limit any of our other rights which we may have by virtue of your failure to pay. Any payments which you are to make under the Contract have to be made without set-off or counterclaim and are to be paid in full without any deductions.
5 Sometimes we may change the services we have agreed to provide and we reserve our right to makes any changes to the services which we deem to be reasonably necessary which may include (but will not be limited to) changing the location the Services are to be provided, the format, any speakers which may have been appointed by us, any participants if applicable, content or any other aspect of the Services and we may make this change for any reason. In the event we do make any such changes we will not be liable to you in any way.
6 Unfortunately it is sometimes necessary to change the date we have agreed to provide the Services or sometimes cancel them and we may do this at our sole discretion. If we do change the date or cancel the services for any reason (unless it is due to a Force Majeure Event in which case condition 7 will apply) we will do the following:
(a) If you have booked a Maths Activity Day we will liaise with you to arrange a mutually convenient date where the Maths Activity Day can proceed and in the event this is not possible you will not have to pay any fees due or in the event you have already paid these fees then we will either refund them to you or if you would prefer we will provide your with a credit note which can be redeemed by you for the purchase of the Services in the future. These will be your sole remedies in respect of any change of date or any cancellation of the Maths Activity Day.
(b) If you have booked to attend one of our Maths Teacher Meetings we will offer you the option of attending any rearranged Maths Teacher Meetings that we may organize however, if you notify us that you do not wish to attend the rearranged Maths Teacher Meeting then you will be entitled to a full refund of any fees you have paid in respect of the Maths Teacher Meeting or if you would prefer a credit note equivalent to the amount of fees you have paid to us. This will be your sole remedy in respect of any change of date or cancellation of any Maths Teacher Meeting.
7 Force Majeure means an event or sequence of events which are beyond a party's reasonable control preventing or delaying it from performing its obligations under the Contract including (but not limited to) speaker or participant withdrawal or cancellation an act of God, act of terrorism, fire, flood, lightning, earthquake or other natural disaster; war, riot or civil unrest, strike, lockout or boycott or other industrial action; interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service; (Force Majeure). If a Force Majeure event does occur and we believe that the event will adversely impact upon us providing the Services then we may (at our sole discretion) either:
a. Provide alternative facilities or venue where applicable; or
b. Reschedule the Services
Any fees you have paid to us already will be used to meet the costs of any rearranged or reschedule services and you will not be able to claim any compensation in respect of the same. Alternatively, if we are unable or choose not to rearrange or reschedule the Services then your only remedy will be either a refund or a credit note in respect of your fees which you have already paid to us minus 20% in respect of an administration charge. If we do rearrange or reschedule the Services then these terms shall apply in respect of those rearranged/rescheduled services. For the avoidance of doubt failure to pay is not Force Majeure.
8 Where we require access to your premises in order for us to provide the Services you will ensure that we are afforded access to those premises and any other premises where we are going to provide the Services. If we need to speak with or liaise with any of your personnel or any other individuals in order to provide the services you will afford us with reasonable access to those individuals as well as providing us with any facilities information and assistance which we may reasonably require in order to provide the Services. You must ensure that we are supervised at all times if we are in schools and/or working with children if you fail to ensure that we have constant supervision by a member of staff then we reserve the right to suspend the services being provided. You must co-operate with us and follow any of our reasonable instructions which we give in relation to the services and it is your obligation to obtain and maintain any necessary licences and/or consents which are needed for us to provide the Services. If we are unable to perform the Services because you have failed to do something you are required to do under this condition 8 then we will be entitled to suspend and/or cancel the Services and we will not be liable for any costs or losses you suffer as a result of such action and we may choose to charge you any costs or losses which we suffer as result of your failure to comply with your obligations subject to the provisions of condition 11.
9 If we provide any materials documents or any of our property which are necessary for the services you must keep them safe and must not dispose of them without our prior written consent. If we have given you written materials or any documents you acknowledge that they may be subject to Intellectual Property Rights and where we own those rights, we retain ownership of them and you must only use those materials and/or documents for your own purposes. You are not allowed to copy and distribute those materials unless you have received confirmation from us in writing that you may do so.
10 Any personal information you have given to us will be held by us on a database and we will deal with that personal information in accordance with our privacy policy a copy of which you can request or which you can review at www.bmam.co.uk. We do not however give your information to third parties for direct marketing purposes although we may contact you with information about the Services; if you do not want us to contact you then please let us know by sending us an email to data.bmam@gmail.com
11 We do not exclude any liability to you for death or personal injury which is caused by our negligence or for fraud or any fraudulent misrepresentation; Neither we nor you will be liable for loss of data or use, any form of indirect, consequential or special loss; or any loss of or failure to realise expected profit, revenue or savings or any other form of pure economic loss, whether or not such loss is direct or indirect; and, in each case, however arising. Other than as set out, we limit our total liability (however arising) in respect of or in connection with the Services, and otherwise in connection with the contract, to the total price of the Services which are the subject of the Contract with you.
12 If we are unable to provide or are delayed in performing any of our obligations under the Contract because of a Force Majeure event then we will not be in breach of the Contract and no loss or damage will be claimed by you as a result of such an event. We will be entitled to suspend our obligations under the agreement during any such period of delay and/or non-performance and we will both use reasonable endeavours to mitigate the effect of any such Force Majeure Event. The provisions of this condition 12 are subject to the provision of condition 7.
13 If you have booked to attend one of our Maths Teacher Meetings please note that we reserve the right to refuse admission to or remove any person from a Maths Teacher Meeting including (without limitation) any person who fails to comply with these terms and conditions or anyone who we believe or suspects presents a security risk nuisance or annoyance to the Maths Teacher Meetings.
14 You acknowledge that we are not entering into any form of partnership by entering into the Contract and we remain separate and distinct and are in no way principal and agents, partners or employee and employer. No other person other than you and we shall have the right (whether under the Contracts (Rights of Third Parties) Act 1999 (the “Act” or otherwise) to enforce these terms and conditions between us.
15 These terms and the Contract constitutes the entire agreement between us both and no other terms apply and the Contract will be governed by the law of England and Wales and any disputes will be submitted to the exclusive jurisdiction of the courts of England and Wales. If for any reason any part of these terms is found by a court, tribunal or other administrative body of competent jurisdiction to be unenforceable or invalid for any reason, then that provision is to be severed from these terms and the remaining provisions of the terms will otherwise remain in full force.
16 Please note that we reserve the right to amend these terms from time to time but you will remain subject to the terms which were in force when you submited your booking form.
Website Terms of Use
You should read these terms and conditions carefully before using our website ('the Site'). By accessing or using the Site, you agree to be bound by these terms and conditions and our Privacy Policy (please click on tab on main menu to view the Privacy Policy). No proposed changes to these terms and conditions are valid or have any effect. If you do not agree with or accept any of these terms and conditions, you should cease using the Site immediately.
Please note that no sale of products or services takes place on this website. Any sales or supplies made by us will be governed by separate terms and conditions in addition to these Terms and will be provided to you for your acceptance before you place an order.
This website is intended for and directed to residents of the United Kingdom over the age of 18 years.
1. Availability and conditions of use
1.1 The Site is made available to you by us. Whilst we make every effort to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site's continued availability at all times or uninterrupted use by you of the Site. We reserve the right to suspend or cease the operation of the Site from time to time at our sole discretion.
1.2 As a condition of your use of the Site, you agree:
a. not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions; and
b. not to defame, disparage any body or in a manner which is obscene, derogatory or offensive; and
c. to be responsible for ensuring that your use of the Site is consistent with all applicable laws and regulations.
1.3 We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.
2 Ownership, use and intellectual property rights
2.1 The Site and all content within the Site is owned and operated by us and/or our licensors. We and our licensors reserve all rights.
2.2 The Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, revise, perform, reproduce, publish, license, deep-link, create derivative works from, transfer, or sell any information or content obtained from the Site unless expressly authorised by us.
2.3 Any intellectual property rights (including without limitation all patents, copyright, database rights and trademarks (whether registered or unregistered) subsisting in any content or material on the Site belongs to us and/or our licensors. All rights are reserved for the benefit of ourselves and/or our licensors. Nothing in these terms and conditions grants you any rights in the Site or the content within the Site.
3 Software
3.1 Any software that is made available for downloading from the Site is our copyrighted work and/or that of our licensors.
3.2 You may only use such software in accordance with the terms of the end user license agreement, if any, which accompanies or is included with the software. You are authorised and will not be able to install any software unless you agree to be bound by the end user license agreement.
3.3 The software is made available for downloading solely for your use in a non-commercial manner. Any reproduction or redistribution of the software not in accordance with the end user license agreement is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
3.4 The software is warranted, if at all, only according to the terms of the end user licence agreement. Except for the warranties which may appear in the end user licence agreement, we hereby disclaim all warranties, conditions and other terms (whether express or implied) with regard to the software, including all implied warranties and conditions of satisfactory quality and fitness for a particular purpose.
4 Submissions
4.1 We appreciate hearing from our customers and welcome your comments regarding our products, including our online services. Our company policy does not encourage you to submit or send to us any unpatented ideas, advertising or marketing suggestions, patent applications, models, prototypes, or any information, written or oral, which you regard as confidential (collectively referred to as 'Unwanted Submissions'). While we value your feedback on our services and products, we request that you restrict your comments to our services and products and do not submit any Unwanted Submissions.
4.2 Please note that any submission (including any Unwanted Submission) made to us is deemed to be our property and we are entitled to utilise any such submission in any manner we see fit. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.
5 Posting of information
5.1 Except for any personal information we may collect from you which is governed by our privacy policy (click tab on the main menu to view the Privacy Policy), any communication or material you post or transmit to us or the Site is, and will be treated as, non-confidential and non-proprietary. By transmitting or posting any communication or material, you agree that we and any of our affiliates may use your communication for any purpose, including reproduction, transmission, publication, broadcast, and posting. Although we reserve the right to monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any content posted on any of these functionalities nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information on such functionalities. We shall have the right at any time and for any reason to remove any communication or material posted on the Site.
6 Disclaimers
6.1 While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up to date, or fit or suitable for any purpose. Any reliance you place on the information on the Site is at your own risk. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights.
6.2 Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial, legal advice or any other type of advice and should not be relied on for any purposes.
7 Hyperlinks and third party sites
7.1 The Site may contain hyperlinks or references to external third party websites. Any such hyperlinks or reference is provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
8 Warranties and limitation of liability
8.1 You agree that your use of the Site is on an 'as is' and 'as available' basis. Consequently we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any content and information on the Site, or as to satisfactory quality, or fitness for particular purpose.
8.2 To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of:
8.2.1 any error or inaccuracies in any information or material within or relating to the Site;
8.2.2 the unavailability of the Site for whatsoever reason; and
8.2.3 any representation or statement made on the Site.
8.3 Under no circumstances shall we be liable to you for any loss or damage suffered (including without limitation direct or indirect losses) arising from your use of, or reliance on, the Site (including the downloading or any software, program or information).
8.4 We do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.
9 Indemnity
9.1 If you are in breach of any of these terms and conditions, you agree to indemnify and hold us harmless in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities incurred by us in relation to or arising from such a breach.
10 General
10.1 We reserve the right to vary these terms and conditions from time to time without notifying you. By continuing to use and access the Site you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
10.2 These terms and conditions contains the entire understanding and agreement between us and you in relation to your use of the Site and supersedes and replaces any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.
10.3 Should any part of these terms and conditions for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.
10.4 These terms and conditions are governed and construed in accordance with the laws of England and Wales and you consent to the exclusive jurisdiction of the courts of England.
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Registered as a Limited Company in England and Wales, company number 8503455
Registered Office: BMAM, Yarmouth House, Trident Business Park, Daten Avenue, Warrington WA3 6BX