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Terms and Conditions - Midshore Consulting

Terms and Conditions

This document outlines the Terms & Conditions of which you adhere to by using this website or engaging with us.

Notes:

Within this document we make references to other documents which can be found at the following links:

 

Midshore Consulting Limited is hereinafter referred to as “Us”, We”, “Midshore”.

Registered address: Greenways, Courtil de Bas Lane, St Sampson, Guernsey, GY2 4XJ

Last updated: 25/05/2018

Company registration number: 62327

 

General Terms & Conditions

By using our website or engaging with us, you will be asked to read these terms and conditions, and by checking the relevant boxes you therefore understand agree to the terms and conditions below.

These terms and conditions are designed to govern your use of our website and to explain the way in which your interactions can with us affect you.

  1. Agreement
    1. By using the website or engaging with Midshore, you agree to be bound by the following terms:
  2. Amendments
    1. Midshore reserves the right to amend these terms from time to time. You will be notified of any amendments made by notification on the website. However, it is your responsibility to check for such changes.
      1. If you have already engaged with Midshore, you will be notified of any changes by the most appropriate method of communication.
    2. These changes will apply to the use of the website from the date specified above within the section headed “Notes”.
    3. If you do not accept the terms and conditions, you should not engage with Midshore and should no longer use this website.
  3. Intellectual property
    1. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website. This also includes but is not limited to:
      1. Any information available on any texts / website / content unless otherwise stated.
      2. Any third-party information, unless otherwise stated.
    2. As such, no part of this website or any part of texts and content may be used in whole or part, in any manner without the permission of the copyright owner.
  4. Data Privacy and data processing
    1. Our data privacy policy can be found at: https://www.midshoreconsulting.com/data-protection-privacy-policy/
    2. Midshore aims to ensure that individuals are aware that their data is being processed, and that they understand:
      1. How their data is being used
      2. How to exercise their rights
      3. How to complain
    3. You should read our Data Privacy Policy for full details on this.
  5. Data Retention
    1. Our data retention policy can be found at: https://www.midshoreconsulting.com/data-retention-policy/
  6. Cookie Information
    1. Our cookie policy can be read within our Data Privacy Policy.
  7. Indemnity
    1. You agree to fully indemnify, defend and hold our directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
  8. Third-party links
    1. As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
  9. Eligibility
    1. Persons under the age of 18 should not use this website.
  10. Information
    1. The information contained in this website is for general information purposes only. The information is provided by Midshore and third-parties where noted.
    2. You should not rely on this information and do so only at your own risk.
  11. Acceptance
    1. Upon reading these terms and checking the affirmative box or giving proper confirmation that these terms have been read and understood, these terms form the entire basis of any agreement reached between you and Midshore.
  12. Law and Jurisdiction
    1. These terms shall be governed by and construed in accordance with the laws of the Bailiwick of Guernsey and any disputes shall be decided only by the Guernsey Courts.

Course / Event / Training Specific Terms and Conditions

The following Terms apply specifically to bookings made with Midshore in respect of both live and online training.

  1. Study Materials
    1. Course notes will be supplied to delegates at the start of the course.
    2. Under no circumstances are course notes transferable.
  2. Course Attendance
    1. Delegates must bring the relevant course joining instructions to all sessions of the course. Failure to do so may lead to Delegates being refused entry to the course.
    2. Failure of a Delegate to attend a course will result in the Employer being notified of non-attendance. If a Delegate fails to attend, they will not be eligible for a refund and an administrative re-booking fee of £30 will be applied.
    3. The Employer may substitute a different Delegate up to 2 business days prior to the commencement of the course without charge. Any change within 2 business days prior to the commencement of the course will be made subject to a £30 administration fee.
  1. Intellectual Property
    1. Midshore Consulting Limited grants the Delegate a non-transferable, non-exclusive license to use Midshore Consulting Limited’s course materials under the terms of this Agreement.
    2. This license terminates on termination of this Agreement.
    3. The Delegate warrants that they shall only use Midshore Consulting Limited’s course materials for their own educational purposes and shall not, without Midshore Consulting Limited’s prior written consent, copy, make available, re-transmit, reproduce, sell, disseminate, license, distribute, publish, broadcast or otherwise circulate Midshore Consulting Limited’s course notes (or any part of them) to any person other than in accordance with this Agreement.
    4. The Delegate and the Employer shall fully indemnify Midshore Consulting Limited in respect of any infringement of intellectual property rights arising as a result of their use of Midshore Consulting Limited’s course materials in breach of this Agreement.
  2. Change of contact details
    1. Midshore Consulting Limited must be notified in writing of any change in an Employer’s or Delegate’s contact details.
  1. Security
    1. Personal possessions are the sole responsibility of the Delegate and Midshore Consulting Limited accepts no responsibility for anything that is lost or stolen from its training venues. Delegates are advised to keep valuables with them at all times.
  1. Notices
    1. Any notices required to be served by Midshore Consulting Limited under this Agreement will be deemed properly served in sent via prepaid postage to the postal address, or emailed to the email address, notified by the Employer or the Delegate, at Midshore Consulting Limited’s discretion.
  2. Limitation of Liability
    1. The liability for Midshore Consulting Limited for direct losses arising out of their negligence (other than in respect of liability for death or personal injury), breach of contract or any other cause of action arising out of or in connection with this Agreement shall be limited to the cash receipts from the Delegate or Employer for the course.
    2. Midshore Consulting Limited shall not be liable for any direct or consequential loss whether arising from negligence, breach of contract or otherwise.
  1. Warranty
    1. Midshore Consulting Limited warrants that course materials will be of satisfactory quality but does not warrant that course materials will be error free.
    2. Midshore Consulting Limited warrants that it will perform any services under this Agreement with reasonable skill and care.
    3. These warranties are provided in lieu of all other warranties express or implied which are hereby excluded to the fullest extent permitted by law.
  2. Data Protection
    1. Employers and Delegates agree that, in relation to information held from time to time, Midshore Consulting Limited may:
      1. Use the information to perform their obligations and enforce rights under this Agreement
      2. Use the information to inform Employers and Delegates about courses, products or services which may be of interest to them.
      3. Use the information to inform Employers and Delegates with feedback.
      4. Communicate with Employers about Delegate’s progress and attendance.
    2. Employers and Delegates have the right to receive details of the personal information held by Midshore Consulting Limited.
    3. In the event that Employers and Delegates do not wish to receive correspondence from Midshore Consulting Limited, a written request should be sent to Midshore Consulting Limited’s correspondence address.
    4. Our Data Protection and Retention policies apply to all data held or processed by Midshore.
  3. Validity
    1. If any provision is held to be invalid or unenforceable by any tribunal of competent jurisdiction, the remaining provisions shall not be affected and shall be carried out as closely as possible according to the original intent.
  4. Jurisdiction
    1. The parties to this Agreement irrevocably submit to the exclusive jurisdiction of the Guernsey Courts for the determination of disputes arising under this Agreement.
  5. Promotions & Discounts
    1. Any promotions or discounts listed on our website are only valid during the dates displayed. If no date is displayed, we reserve the right to refuse the promotion displayed.
    2. Where promotions are displayed any other discounts usually available do not apply. This includes multiple user discounts when booking training through our MOT platform.

General Payment Terms and Conditions

  1. Invoice Terms
    1. Full payment must be made within 14 calendars days of the invoice date.
    2. In the case of bookings, no booking will be considered complete until payment has been received.
      1. Cancellation within 14 calendar days prior to the start of a course will result in a 50% refund.
      2. Cancellation within 7 calendar days prior to the start of a course will result in no refund
  2. Late Payment Terms
    1. Midshore reserve the right to levy a suitable administration charge (Generally 2%) for late payments of an invoice or booking.
  3. Payment Methods
    1. Acceptable payment methods for services, goods or any other materials are:
      1. Bank Transfer
      2. Cheque
      3. Cash
      4. PayPal
    2. Where a third-party payment provider is used you should already have accepted their relevant Terms and Conditions and Data Privacy Policies, the information you share with them is passed on to us in order to complete the transaction. Therefore your contract is with the third-party agent, we accept no liability for loss or corruption of data in this insatance.
Definitions:

Midshore – Midshore Consulting Limited
Content Text, imagery, documents, logo, icon, website, design, advertisements etc
Website(s) www.midshoreconsulting.com / www.midshoreonlinetraining.com
MOT / MOT Platform – Midshore Online Training / www.midshoreonlinetraining.com
Texts – Any document or communication with Midshore
Terms this or any other document related to
Course Courses are pre-written training, be it taken online or live
Training – Training is educational information delivered either live, online or in any other format
Event – Events are any activity held on a specific organised date, regardless of if they are free or incur a fee

Contact Information

Should you have any questions regarding any of our policies, please send them to enquiries@midshoreconsulting.com.