Terms and Conditions

Last updated: 12 November 2020

By using the website, booking onto our CPD or workshops and engaging with other Learning activities you agree to accept these terms and conditions. You also agree to accept the terms and conditions set by the University of Sheffield when making payments through the online store website.

 

CLAUSE

SUMMARY

01.

CPD Terms

02.

Purchase Orders

03.

Website Content

04.

Intellectual Property

05.

User Content

06.

Content Standards

07.

Take Down Policy

08.

Warranty Disclaimer and Liability

09.

General

 

1. CPD Terms

The CPD terms apply when you are booking onto a CPD activity, whether booked online, by email, on the phone, in person or by any other method. 

Booking on behalf of others

If you are making a booking on behalf of others then by agreeing to these CPD terms you confirm that you have authority to enter into these CPD terms on their behalf, including permission to release (and for us to store) any personal data that is required in order to make the booking.

Payment terms

The appropriate method of payment and deadline for payment to be received will be confirmed at the time of booking. Fees can be paid by using the University of Sheffield online shop (Visa, MasterCard, Delta or PayPal payments) or by BACS payments which should be accompanied by a remittance advice, including the invoice number, participant name and CPD identification code. The remittance advice should be sent to heated@sheffield.ac.uk or by mail to the HEaTED main office with a valid Purchase Order and invoicing.

Most CPD payments are due no later than 21 days prior to the start of the CPD activity. For late bookings, payment should be made as soon as the booking is received. For some activities, payment can be made on the day that you attend the CPD activity or just before the day of the course. 

If payment is made via the University of Sheffield online shop, when you proceed to payment you will be redirected to https://onlineshop.shef.ac.uk to make the payment. The University of Sheffield uses industry standard data encryption. We do not collect or retain your payment details.

If fees are not paid in accordance with the instructions provided, we reserve the right to either:

  • cancel the booking(s) and re-allocate the place(s) for the CPD activity to another participant(s); or
  • require payment on the first day of the CPD activity.

In the event of late payment, we reserve the right to charge interest on all outstanding amounts at the rate of 2.5% per calendar month or part thereof from the last date that payment was due to the date that payment is made.

All payments must be made in pounds sterling.

Fees

Details of fees are provided on the bookings page of the appropriate CPD activity. Services such as accommodation, meals, refreshments and the provision of CPD materials may be included within the fee or quoted separately.

Please note that your organisation will be charged the appropriate fee for the activity you apply for based on the organisation you belong to, irrelevant of any fee you may incorrectly select during the application process.

Discounts

Where a booking is made using any discount codes that are to be applied to any of the courses or CPD, these must be discussed with a member of the administration team first. The terms of the discount code will be clear on the CPD / courses page or communication about the discount code will be made prior to the activity.

Cancellations (made by you)

Cancellations must be made at least 21 days prior to the start of a CPD activity. If a booking is cancelled within 21 days, or if you fail to attend, the full fee remains payable. Any fees already paid will not be refunded. This equally applies to bookings made less than 21 days prior to the start date of a CPD activity.

Cancellations (made by us)

We reserve the right to cancel or reschedule CPD activities without prior notice and to amend or alter published programmes, fees, venues and lecturers, without liability. In these circumstances, you will be offered an alternative date for the same CPD activity, an alternative CPD activity, a credit note or a full refund. It is important therefore that you supply an up to date email address and notify us if this changes.

Transfers

If you are unable to attend, there is no charge to replace the original participant with a substitute. Please inform us of the substitute’s details.

If you wish to transfer a booking to an alternative date for the same CPD activity or to an alternative activity, a request must be made at least 21 days prior to the start of the original CPD activity. If the request is accepted, there will be no charge other than any additional cost of the alternative activity above that of the original CPD activity. 

Please note that all requests to transfer bookings are entirely at our discretion.

2. Purchase Orders

General

Unless terms are specifically agreed between the parties in writing, whether by written agreement, statement of work, contract for services or otherwise: –

  • All orders for services are placed, accepted and purchased subject to and upon these Terms to the exclusion of all other terms and conditions, written or verbal, express or implied (including any terms or conditions which the Supplier purports to apply under any acceptance, receipt or confirmation of order, specification or other documents and the Supplier waives any right which it might otherwise have relied upon in such terms or conditions);
  • All orders for services shall be deemed to be an offer by HEaTED to purchase services subject to these Terms. No order shall be accepted until the Supplier either expressly, by giving an unconditional notice of acceptance or impliedly by unconditionally fulfilling the order whether in whole or in part, accepts the offer; and
  • These Terms apply to all HEaTED’s purchases from the Supplier and any variation to these Terms shall have no effect unless expressly agreed in writing and signed for and on behalf of HEaTED.
  • In the event that there is an agreement between the parties in writing, the terms of that agreement shall take precedence over these Terms in respect of all orders for services placed, accepted and purchased under that agreement, only to the extent agreed between the parties and permitted by the agreement.
  • Any conflict between these Terms and the terms of an agreement between the parties shall be resolved in accordance with the precedence clause(s) of the agreement.

Quality and Defects

  • Any services shall be performed by (an) appropriately qualified, supervised and trained individual(s) to the highest standards of current practice and quality established in the Supplier’s industry.
  • In consideration of HEaTED’s agreement to pay for any services, the Supplier shall supply the services to HEaTED for the term agreed subject to and in accordance with these terms.
  • In supplying the services, the Supplier shall:
    • cooperate with HEaTED in all matters relating to the services and comply with all HEaTED’s instructions;
    • perform the services with all reasonable care, skill and diligence in accordance with good industry practice in the Supplier’s industry, profession or trade;
    • use staff who are suitably skilled and experienced to perform tasks assigned to them, and in sufficient number to ensure that the Supplier’s obligations are fulfilled in accordance with these terms;
    • ensure that the services shall conform with all descriptions and specifications set out in any relevant service specification or order form agreed between the parties;
    • comply with all applicable laws; and
    • provide all equipment, tools and vehicles and other items as are required to provide the Services.
    • The services shall comply with all applicable laws and regulations, including without limitation those relating to health and safety, manufacturing, handling and disposal.
    • It is the Supplier’s responsibility to ensure compliance and, if it is of the opinion that the services (as appropriate) do not comply, then it shall notify HEaTED forthwith.
    • With respect to services provided under this clause, HEaTED may by written notice to the Supplier at any time request a variation to the scope of the services. In the event that the Supplier agrees to any variation to the scope of the services, any charges shall be subject to fair and reasonable adjustment to be agreed in writing between HEaTED and the Supplier.

3. Website Content

The Content on the website may be out of date or may include omissions, inaccuracies or other errors. All Content is provided without warranty and is not subject to any checks of assurance of quality. We do not guarantee the availability of any Content.

The website may provide access via hypertext links to third party websites. By providing these links we are neither endorsing entities nor authorising any act which may be in breach of the intellectual property or any third party rights which are protected in law or by international treaties worldwide. We do not accept liability for any materials contained on a third-party website.

4. Intellectual Property

The Content featured on this website is subject to copyright protection unless otherwise indicated. The intellectual property rights in the Content belongs wholly to the original author or publisher of the Content. You agree to be bound by licensing arrangements associated with use of such Content.

You must not reproduce, distribute or communicate the Content of this website, unless and to the extent that the same is specifically permitted under any license to which it is subject. If you wish to use any material which is not subject to a license, you must obtain prior written consent from the author or publisher.  If reference to a copyright license is provided by us on this website then such license information should be used as a guide only; please contact the owner if you wish to reuse the Content.

You are permitted to download Content from this website, except where it is expressly stated that you are not permitted to do so. Systematic downloading of files is strictly prohibited. You must not use such downloaded files on any other website, network, repository or virtual learning environment without our prior written consent. If you wish to include material from this website on another website you may link to this website. In all cases, you must fully credit the author, this website, and the copyright status of the Content.

In relation to Content which is subject to copyright but where the rights holder cannot be traced (Orphan Works) we will take the appropriate steps to trace the rights holder before uploading such Content to our website. If you have found Content which you consider is illegally held or published on this website, please contact us in accordance with our take down policy, see clause 07.

5. User Content

The intellectual property rights in User Content will remain with you. To enable us to provide this website service, by adding User Content to this website you grant to us a non-exclusive, worldwide, free license to use, reproduce, publish and distribute your User Content in whole or in part on the website and confirm that such content does not infringe the intellectual property rights of third parties. The license granted will not be used by us for any purpose directed towards private monetary compensation or commercial advantage. Please be aware that the website includes groups where your User Content may be viewed by all Users whether or not they have a user account for the website.

If you wish to remove any User Content from the website please contact us. Should you remove your User Content from the website any licenses granted prior to removal shall survive.

6. Content Standards

You must comply with the spirit of these standards as well as the letter. You agree:

  • not to reproduce, duplicate, copy or re-sell any part of this website or HEaTED social media platforms or materials except as expressly allowed
  • not to access without authority, interfere with, damage or disrupt: any part of this website or HEaTED social media platforms ; any equipment or network on which this website or HEaTED social media platforms is stored; any software used in the provision of this website or HEaTED social media platforms; or any equipment or network or software owned or used by any third party
  • not to upload, post, email or otherwise message which contains software viruses or any other computer code that 

(i) either negatively impacts or damages software or hardware functionality or 

(ii) negatively affects a user’s access

  •  not to remove copyright notices from Content
  •  to ensure that content:
    1. is accurate (where it states facts) and does not contain information which is false or misleading
    2. must be genuinely held (where it states opinions)
    3. complies with applicable law in the UK and in any country from which it is posted
    4. does not contain information which is: harassing or invades another’s privacy, harms minors in any way, promotes bigotry, racism, hatred or harm against any group or individual or which is obscene
    5. does not infringe another’s rights, including but not limited to intellectual property or data protection rights (including the transmittance of personally identifiable information)
    6. does not constitute spam (such as unsolicited advertising)

We reserve the right to exercise our discretion in the removal and/or editing of any User Content which contravenes these standards without notice. We shall use reasonable endeavours to remove such User Content from the site as soon as reasonably practicable upon us becoming aware of it. We may at our discretion suspend or terminate your account at any time should you be in breach of these standards.

We will assess the risks for users when using any interactive service (for example forums and community groups), and we will decide in each case whether it is appropriate to use moderation (including what type of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on this website. 

7. Take Down Policy

We reserve an absolute right to exercise our discretion in the removal of any Content from the website.

Should you have any concerns or have a complaint in relation to the Content or should you consider such Content is in breach of your intellectual property rights then please contact us.

Upon becoming aware of any issues related to the Content we will promptly and amicably resolve such matters (to the satisfaction of both parties should there be a complainant), with the following possible outcomes:

  1. The material remains on the website unchanged.
  2. The material is replaced on the website with changes.
  3. The material is permanently removed from the website.

Where we and a complainant are unable to settle such a matter, the Content will remain unavailable through this website until a time when a resolution has been reached.

8. Warranty Disclaimer and Liability

Your use of this website is at your own risk and to the fullest extent permitted by law we hereby exclude all warranties, express or implied, and make no representation in relation to the Content of the website. We do not accept responsibility and shall not be liable to you or any third party for any losses, damages, claims, expenses or outcomes resulting from your use of this website or any third party website which may be linked to this website. 

Nothing in these terms and conditions shall operate to exclude liability for fraudulent misrepresentation or for death or personal injury caused by our negligence or any other liability which cannot be excluded or limited by the applicable law. 

You acknowledge that any breach by you of these terms and conditions may cause us significant and irreparable damage and, accordingly, you agree that you will indemnify and hold us and our officers, employees and agents harmless against all and any losses, damages, claims and/or expenses suffered as a result of a breach of these terms and conditions. Without prejudice to the foregoing, in the event of any breach by you of these terms and conditions, we shall be entitled to immediately suspend or terminate your access to the website and shall further be entitled to injunctive or other equitable relief.

9. General

We may need to change the terms and conditions. If we do so we will post an updated copy with the date of revision included within the title of the terms. If we consider the change is material we will post a notice on the website. Your continued use of the website indicates your acceptance of the current terms.

The validity or enforceability of the remaining terms shall not be affected by the holding of any provision of part of the terms and conditions to be invalid or enforceable.

These T&Cs shall be governed by and interpreted in accordance with the laws of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction.

We follow good business practice and have robust controls in place to prevent fraud, corruption and bribery.  We are committed to the highest standards of openness, integrity and accountability.