This page (together with the documents referred to on it) tells you the terms and conditions ("Terms and Conditions") on which we supply any of our membership services ("Services") listed on our website www.cpdfoundation.com ("our Site") to you. Please read these Terms and Conditions carefully before booking any Services from our Site. You should understand that by making a booking, you agree to be bound by these Terms and Conditions.

You should print a copy of these Terms and Conditions for future reference.

Please click on the button marked "I Accept" at the end of these Terms and Conditions if you accept them. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to book any Services from our Site.

1. INFORMATION ABOUT US

www.cpdfoundation.com is a site operated by Continuing Professional Development Limited ("We" or "Us"). We are registered in England and Wales under company number 01550341 and with our registered office at 3rd Floor, 24 Chiswell Street, London, EC1Y 4YX. Our main trading address is 3rd Floor Market Towers, 1 Nine Elms Lane, London SW8 5NQ. Our VAT number is 245985224.

2. MEMBERSHIP REGISTRATION

2.1 If you wish to become a member, you are required to pay the relevant subscription fee and register with us by completing and submitting the form on our "registration" page ("Membership Request").

2.2 Once you have registered with us, you can log into your account using your username and password selected by you during registration.

2.3 After submitting your details on our registration page, you will receive an email from us acknowledging that we have received your Membership Request. Please note that this does not mean that your Membership Request has been accepted. Your Membership Request constitutes an offer to us to purchase an annual membership. All Membership Requests are subject to acceptance by us and we will confirm such acceptance to you by sending you an email confirmation ("Confirmation"). The contract between us ("Contract") will only be formed when we send you confirmation, and will only relate to those services mentioned in the confirmation.

2.4 We reserve the right to refuse any Membership Request in our absolute discretion without giving any reason.

2.5 The booking of other Services shall be in accordance with the terms set out below.

3. BOOKING OF SERVICES

3.1 After making a booking, you will receive an e-mail from us acknowledging that we have received your booking request. Please note that this does not mean that your booking has been accepted. Your booking constitutes an offer to us to purchase a Service. All bookings are subject to acceptance by us, and we will confirm such acceptance to you by sending you a Confirmation. The Contract will only be formed when we send you the Confirmation.

3.2 The Contract will relate only to those Services we have confirmed in the Confirmation. We will not be obliged to supply any other Services which may have been part of your booking until such Services have been confirmed in a separate Confirmation.

4. OUR STATUS

4.1 Please note that in some cases, we accept bookings as agents on behalf of third parties. The resulting legal contract is between you and that third party, and is subject to the terms and conditions of that third party, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.

4.2 We may also provide links on our Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that services and/or products you purchase from third parties through our Site, or from companies to whose website we have provided a link on our Site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.

5. CONSUMER RIGHTS

5.1 You may cancel an online Contract at any time within seven working days, beginning on the day after you received the Confirmation by informing us in writing within such time. In this case, you will receive a full refund of the price paid for the Services in accordance with our refunds policy (set out below). You will not have any right to cancel a Contract for the supply of any Services after this time.

5.2 This provision does not affect your statutory rights.

5.3 Notwithstanding clause 5.1, if you download and complete our membership form and return it to us, you will not have the right to cancel or to receive a refund.

6. AVAILABILITY

Any booking for a course is subject to availability. We reserve the right to vary or cancel a course where the occasion necessitates. We accept no liability if, whatever reason the course does not take place.

7. PRICE AND PAYMENT

7.1 The price of any Services will be as quoted on our Site from time to time, except in cases of obvious error.

7.2 These prices include VAT, which will be added to the total amount due as set out in our invoice. If you are a company, the VAT invoice will be sent separately to your accounts department at the end of the month.

7.3 Prices are liable to change at any time, but changes will not affect bookings in respect of which we have already sent you a Confirmation.

7.4 Our Site contains a number of Services and it is always possible that, despite our best efforts, some of the Services listed on our Site may be incorrectly priced. We will normally verify prices as part of our confirmation procedures so that, where a Services' correct price is less than our stated price, we will charge the lower amount to you. If a Services' correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Confirmation, or reject your booking and notify you of such rejection.

7.5 We are under no obligation to provide the Service to you at the incorrect (lower) price, even after we have sent you a Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

7.6 Online Payment for all Services must be by credit or debit card. We accept payment with Visa, Delta, Visa Electron, MasterCard, Maestro or Solo. We will not charge your credit or debit card until we send your Confirmation. Alternatively, please download and complete the membership form and return it to us with a cheque made payable to "Continuing Professional Development Limited". We also accept BACS transfers (at our sole discretion) for offline payments but please contact us at info@cpdfoundation.com to arrange.

8. OUR REFUNDS POLICY

8.1 When you cancel your Contract with us:

8.1.1 within the seven-day cooling-off period (see clause

7.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Service in full.

8.1.2 for any other reason (for instance, because you have notified us in accordance with paragraph 17 that you do not agree to any change in these terms and conditions or in any of our policies), we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund.

8.2 We will usually refund any money received from you using the same method originally used by you to pay for the service purchased.

8.3 Our Refund Policy only applies to Contracts and payments made through our Site.

9. OUR LIABILITY

9.1 Neither we nor our presenters will be liable by reason of breach of contract, negligence or otherwise for any loss or consequential loss occasioned to any person acting, omitting to act or refraining from acting in reliance upon the course material or presentation of the course or, except to the extent that any such loss does not exceed the price of the Service, arising from or connected with any error or omission in the course material or presentation of the course.

9.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the price of the Service you purchased and this includes any losses which are a foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

9.3 This does not include or limit in any way our liability:

9.3.1 For death or personal injury caused by our negligence;

9.3.2 Under section 2(3) of the Consumer Protection Act 1987;

9.3.3 For fraud or fraudulent misrepresentation; or

9.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

9.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:

9.4.1 loss of income or revenue; 9.4.2 loss of business;

9.4.3 loss of profits or contracts;

9.4.4 loss of anticipated savings;

9.4.5 loss of data;

9.4.6 loss of data; or

9.4.7 waste of management or office time, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

9.5 Where you purchase any Service from a third party through our Site, the seller's individual liability will be set out in the seller's terms and conditions.

10. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11. NOTICES

11.1 All notices given by you to us should be given at 3rd Floor Market Towers, 1 Nine Elms Lane, London SW8 5NQ. We may give notice to you at either the e-mail or postal address you provide when making a booking, or registering with us. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

12. TRANSFER OF RIGHTS AND OBLIGATIONS

12.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

13. EVENTS OUTSIDE OUR CONTROL

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").

13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

13.2.1 Strikes, lock-outs or other industrial action.

13.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

13.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

13.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

13.2.5 Impossibility of the use of public or private telecommunications networks.

13.2.6 The acts, decrees, legislation, regulations or restrictions of any government.

13.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

14. WAIVER

14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

14.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.

15. SEVERABILITY

If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

16. ENTIRE AGREEMENT


16.1 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

16.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.

17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

17.1 We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

17.2 You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Confirmation).

18. LAW AND JURISDICTION

Contracts for the purchase of Services through our Site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.Contracts for the purchase of Services through our Site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.