Terms and Conditions
Event booking Terms (updated September 2015)
1 Definitions and Interpretation
1.1. For the purpose of these Terms and Conditions, the following terms shall having the following meaning:
1.1.1. “Consumer” means any customer who is purchasing outside the course of his or her business or trade;
1.1.2. “Delegate”: means you or the individual attending or accessing the Event in person or online pursuant to these Special Conditions;
1.1.3. “Event”: means the training course, event, conference, seminar and/or networking event, reception e-learning course, web class and/or distance learning course or any other event subscribed to or to be supplied for attendance in person or online under these Special Conditions;
1.1.4. “Matter Outside Our Control”: has the meaning given to it at clause 3.1 of these Special Conditions; and
1.1.5. “Services”: means any training course, event, conference, seminar and/or networking event, reception, e-learning course, web class and/or distance learning course or any other event subscribed to or organised by ACE and any materials, information or data provided to you as part of or in connection with the provision of such services.
1.1.6 “We”: means the Association for Consultancy and Engineering (company number 00132142) whose registered office is at 12 Caxton Place, London, SW1H 0QL and the expressions “us” and “our” shall be construed accordingly.
2 Providing the Services
2.1. We will need certain information from you that is necessary for us to provide the Services, for example, your full name (or the full name of the Delegate(s)), any special dietary or accessibility requirements you (or the Delegate(s)) may have. We will contact you in writing to obtain and/or confirm this information or request it as part of the on-line booking process. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information (in our reasonable opinion), we may suspend the Services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the Services under this clause 2.1, you do not have to pay for the Services while they are suspended, but this does not affect your obligation to pay for any invoices we have already sent to you.
2.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
An order shall not be placed until full payment is received by us, unless we have agreed another arrangement with you separately in writing. After you place an order, you will receive an acknowledgement e-mail from us setting out the details of your order, which will signify our acceptance of the order and on receipt of our email a contract will be formed between us.
2.3. The price (where applicable) for the Services is stated on our order acknowledgement (as appropriate). All prices are in pound sterling and are exclusive of VAT, which will be added to or charged on invoices at the appropriate rates and paid by you.
2.4. We may vary the price where the cost to us of acquiring or supplying the Services is increased between the date of the order acknowledgement and delivery to account for, without limitation, increases in the cost of the Services, or arising from a change in exchange rate, a change in delivery date, quantities or delay caused by your instructions PROVIDED THAT we will notify you in writing in good time prior to delivery of such price increases. You may cancel your order within 7 working days of this notice if you are unhappy with the price increases.
2.5. Unless we agree otherwise in writing, you must pay for the Services at the time of booking by credit card or debit card.
2.6. If you do not pay us for the Services in accordance with these Terms and Conditions, we may, in addition to any other rights which we have under these Terms and Conditions:
2.6.1. charge interest on the outstanding amount (as well after as before judgment) on a day to day basis at an annual rate of 4% above Lloyds Bank Plc’s base rate from time to time applicable until the sum due is paid.
2.6.2. withhold further deliveries and/or suspend performance of the Services until arrangements as to payment or credit have been established on terms which are satisfactory to us.
2.6.3. immediately terminate the contract between you and us. We will contact you in writing to tell you this.
2.7. We may:
2.7.1. refuse your (or any Delegate(s)) admittance or access to the Event;
2.7.2. require you (or any Delegate) leave the Event; and/or
2.7.3. immediately terminate the Contract;
where we consider you (or any Delegate) are acting inappropriately.
2.8 For any e-learning courses, the access period runs from the date of purchase not from the first log on date. It is the Delegate’s responsibility to submit applications for examinations and access certificates of completion while enrolment is active online. No refund will be given for any failure to do so. Extensions of access will be made available at our absolute discretion.
3 Changes to the Services
3.1. We will not be liable or responsible for any change to the Services performed, failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by any act or event beyond our reasonable control (“Matter Outside Our Control”). A Matter Outside Our Control would include, by way of non-limiting example, an occurrence preventing our holding the Event at the intended venue or preventing the attendance at the Event of a key individual or supplier.
3.2. If a Matter Outside Our Control takes place that affects the performance of our obligations under these Terms and Conditions we will contact you in writing to let you know in advance that a Matter Outside Our Control has occurred (unless the problem is urgent or an emergency) and:
3.2.1. if (due to the Matter Outside Our Control) we are unable to provide the Event in accordance with our written acceptance of your Order we will contact you in writing to confirm the changes we have had to make to the Event. If you are a Consumer, you may, by notice in writing to us:
18.104.22.168. accept the change to the Services and attend the Event as changed by us; or
22.214.171.124. cancel the Contract if you no longer wish us to provide the Services. Please see your cancellation rights under clause 4 of these Terms and Conditions.
3.2.2. If we are unable to provide the Event to you, our obligations under these Terms and Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Matter Outside Our Control. You may, by notice in writing to us, cancel or exchange the contract if a Matter Outside Our Control takes place and you no longer wish us to provide the Services. Please see your cancellation rights under clause 4 of these Terms and Conditions.
4 Cancellation of the Services
4.1. Subject to the provisions of this clause 4 you may cancel an order for Services by emailing us at firstname.lastname@example.org ;
Or by writing to us at FAO: Membership Department, ACE, Alliance House, 12 Caxton Street, London SW1H 0QL
in the following circumstances:
4.1.1. if you are a Consumer, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel the contract between us for the supply of the Services within 14 days from entering into the contract. Unless we agree otherwise with you in writing, you will not be able to cancel in respect of the Services under this clause once the performance of the Event has begun even if it has begun during the said 14 day cancellation period.
4.1.2 at any time, whether or not you are a consumer, by notifying us in writing provided that you shall in the event of cancellation (except where clause 4.1.1 applies in relation to consumers) be liable to pay a cancellation charge in accordance with the following provisions which reflect a reasonable estimate of our losses arising as a result of the cancellation:
Events for which a charge is made to the Delegate for attendance:
126.96.36.199 notification of cancellation received over 45 days prior to the Event – No Cancellation Fee;
188.8.131.52 notification of cancellation received not less than 21 days and not more than 44 days prior to the Event – 50% of the price of the Event;
184.108.40.206 notification of cancellation received on or after the date of the Event or at any time up to 20 days prior to the date of Event – 100% of the price of the Event.
Events for which no charge is made to the Delegate for attendance:
220.127.116.11 In the event of failure to attend or notice given within 7 days of the Event:
2-3 hour Event – £50;
½ day Event – £100;
full day Event – £200;
two day Event – £400.
4.2. We will confirm your cancellation under clause 4.1 in writing to you and we shall pay any refund less the relevant Cancellation Fee to you within 30 days of Cancellation. If a balance is owed to us after application of the Cancellation Fee you will pay such balance within 14 days of demand.
4.3. Unless otherwise agreed by us in writing, you are not entitled to exchange your order for an Event to a different Event.
4.4. We may cancel an Order for the Services by writing to you (to the e-mail or postal address nominated by you in your Order) at any time. If we cancel your Order for the Services, we shall refund the price paid in advance by you for the Event, within 28 days of our notice of cancellation to you.
5 Change of Event Delegate
5.1 Subject to receipt by us of the full sum payable by you for the Event, you may change the Delegate attending the Event by notice in writing to either email@example.com or FAO Corporate Development Manager, ACE, Alliance House, 12 Caxton Street, London SW1H 0QL up to 24 hours prior to the Event. We will confirm in writing to you whether we are able to accept the Delegate change. For the avoidance of doubt:
5.1.1. we are not obliged to accept a Delegate change for any Event; and
5.1.2. for security purposes, Delegates may not be changed less than 24 hours prior to the Event.
6 Limitation of Liability
6.1 We accept no responsibility or liability for the views or opinions as expressed by the speakers, chairperson or other persons at the Event.
6.2 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of these Terms and Conditions for:
6.2.1 any losses which are not reasonably foreseeable by both parties when the contact is formed arising in connection with the supply of the Services or their use by you;
6.2.2 any losses which are not caused by any breach by us; and/or
6.2.3 business or trade losses.
6.3 Subject to condition 6.4 below, our entire liability in connection with these Terms and Conditions will not exceed the purchase price of the Services to which the claim relates.
6.4 Nothing in these Terms and Conditions shall limit our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors nor for any other matter which by law cannot be excluded.
7.1 We may freely assign, sub-contract or otherwise transfer in whole or in part the Services. You may not assign, sub-contract or otherwise transfer in whole or in part your rights and obligations under these Terms and Conditions without our written agreement.
8.1 All intellectual property in the Services and any materials or other documents or items provided in connection with the Services are and shall remain fully vested in us and cannot be used for your own commercial purpose. This does not apply to publications and data provided by third parties.
8.3 No waiver by us of any breach of these Terms and Conditions by you is considered as a waiver of any subsequent breach of the same or any other provision.
8.4 These Terms and Conditions are between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise save where otherwise permitted by law.
8.5 These Terms and Conditions are governed by the laws of England and the English courts shall have the exclusive jurisdiction to resolve any disputes arising out of or under it. However, if you are a consumer and a resident of Northern Ireland or Scotland, then you may bring proceedings in either of those jurisdictions as applicable.