Terms and Conditions of Use

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Terms and Conditions of Sale

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Some basic terms to help guide you through the terms and conditions with ease.

Association for Animals, Horticultural & Equine Practitioners CIC (Registered England and Wales No: 11914686), is located at High Lees Farmhouse, Wagon Lane, Paddock Wood, TN12 6PT (“AAHEP” “aahep” or “We” or “Us” or “Our”).

Both AAHEP® and aahep® are registered trademarks in the UK. AAHEP is the leading independent voice for professional standards in Animal, Horticultural & Equine Practice, championing safe, ethical and evidence-informed practitioners. AAHEP also holds the first and currently only UK National Accredited Register regulated under an independent governmental body accountable to UK Parliament, the Professional Standards Authority.

ATHENA® and Athena® are registered trademarks of AAHEP in the UK, Europe and Australia. Athena is the training and education brand of AAHEP. “Athena”, “Athena Herd”, “Athena Awarding”, “Athena Learning” and “Athena Community” are all trading names of AAHEP. Athena has a separate website athenaherd.org and is the name of the global leading training provider of Equine Assisted Services (referred to as “EAS”, “Equine Assisted Learning”, “Equine Facilitated Learning”, “Equine Therapy”, “Equine Assisted Psychotherapy”, “Equine Facilitated Psychotherapy”, “Equine Assisted Occupational Therapy”, “Equine Facilitated Occupational Therapy”) offering qualifications in Equine Assisted Services and Donkey Assisted Services.

Concordia International™, Concordia Equestrians™, Concordia International Equestrian Magazine™ are all recognised trade marks of AAHEP. Concordia has its own website to which these Terms and Conditions apply: concordiaequestrians.org.

All enquiries can be made by telephone or through Our Websites. These Terms and Conditions along with any applicable policies and procedures shall apply to all provisions of services whether you (“Customers” or “You”) book with Us directly or through Our Websites which are confirmed in writing by Us (“Services”).

AAHEP and the Customer are referred to individually as a “Party” or collectively the “Parties”.

1. Definitions and Interpretation

Agreement: Has the meaning given under clause 7 below.
Applicable Law: In England any and all applicable laws, regulations and industry standards or guidance and any applicable and binding judgment of a relevant court of law.
Athena Training Programme(s): Includes for example Athena’s Equine Assisted Services Foundation Certificate, Equine Assisted Services Practitioner Diplomas, PG Cert in Equine Assisted Services.
Booking: Is the making by You of a booking for the provision of Services from Us either through the relevant Website or with Us directly. For the avoidance of doubt, the completion and submission to us of an application form either in relation to any registration, application or membership under AAHEP or the Athena Training Programmes, event or day constitutes a Booking.
Booking Confirmation: Is the confirmation sent to You by Us upon acceptance of Your Booking for Services. For the avoidance of doubt, this includes a place offer made by Us to You and payment by You of any application or registration fee or non-refundable payments (where stipulated) and/or non-refundable deposits to secure your place on a specific Athena Training Programme, event, day, application fee or membership fee. Save for applicable law, once you begin any Athena Training Programme or event or day with Us or have paid a non-refundable deposit, application, registration or membership fee under AAHEP, you are no longer eligible for a refund. Nor can you withhold any amounts due and payable to AAHEP. Specifically with regard to Athena Training Programmes, it is unlikely that AAHEP, due to the small and limited nature of the places available on the Athena Training Programmes, would be able to recover the loss by offering your cancelled place to a replacement learner. This is a genuine estimate of loss. We will take reasonable steps to reduce Our loss.
Breach of Duty: The breach of any: (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty); and/or (iii) policy and procedure.
Business Day: Means any day (other than a Saturday or a Sunday) on which banks are open in the City of London for the transaction of normal banking business.
Business Hours: 09:00am until 17:00 on Business Days by appointment only.
Charges: The charges payable by You to AAHEP in relation to registration, application and/or membership of AAHEP or any Athena Training Programmes for Our provision to You of the Services, as set out in each Booking Confirmation sent to You by Us and otherwise on the Website at the time that you make a Booking with Us and We provide You with Booking Confirmation in relation to the same.
Confidential Information: Any information in any form or medium obtained by or on behalf of either Party from or on behalf of the other Party in relation to these Terms and Conditions which is expressly marked as confidential or which a reasonable person would consider to be confidential, whether disclosed or obtained before, on or after the date of these Terms and Conditions, together with any reproductions of such information or any part of it.
Deposits: Payment of deposits or payments made to AAHEP on the acceptance by the same of a Booking taken on a non-refundable basis. The retention of a deposit or payment made to AAHEP is a genuine estimate of loss. We will take reasonable steps to reduce our loss; however, administrative charges need to be covered and places on training courses are limited.
Event Outside Our Control: Any act or event beyond Our reasonable control, including pandemics, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
Intellectual Property Rights: Copyright and related rights, trade marks and service marks, trade names and domain names, rights under licences, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, patents, rights to inventions, rights in designs, rights in computer software, database rights, rights in Confidential Information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Liability: Liability in or for breach of contract, breach of duty, torts (including negligence and intentional torts), deliberate breach (including deliberate personal repudiatory breach), misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions and/or any Booking made under the same, including liability expressly provided for under these Terms and Conditions and/or any Booking made under the same or arising by reason of the invalidity or unenforceability of any term between Us (and, for the purposes of this definition, all references to “these Terms and Conditions” shall be deemed to include all of Our policies and notices).
Website(s): AAHEP — aahep.uk; Athena — athenaherd.org; Concordia Equestrians — concordiaequestrians.org.

References to “Clauses” are to clauses of these Terms and Conditions.

The headings in these Terms and Conditions are inserted for convenience only and shall not affect the interpretation or construction of these Terms and Conditions.

Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include the other gender and the neutral, and references to persons shall include an individual, company, corporation, firm or partnership.

Reference to “written” or in “writing” includes the electronic form.

References to “includes”, “including”, “in particular” or “for example” or like words shall be deemed to be followed by the words “without limitation”; and references to any statute or statutory provision shall include any subordinate legislation made under it, any provision which it has modified or re-enacted (whether with or without modification) and any provision which subsequently supersedes it or re-enacts it (whether with or without modification).

2. Age Restriction

By making a Booking with Us, you warrant that you are at least 18 years of age.

3. Terms and Conditions

These Terms and Conditions shall apply to all use of Our Websites and Bookings placed by You to AAHEP. AAHEP reserves the right to provide you with a Booking Confirmation in relation to the same. When you submit a Booking to Us, this shall always constitute your unqualified acceptance of these Terms and Conditions. These Terms and Conditions shall prevail over any separate terms put forward to Us by You. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing or orally, are expressly waived and excluded.

4. Entire Agreement

These Terms and Conditions shall apply to all Bookings made by You to Us and confirmed by Us with a Booking Confirmation in writing along with Our Data Protection Policy, Cookie Policy and any other AAHEP Policy applicable to the provision of the Services including for example the AAHEP and Athena Brand Guides. This constitutes the entire agreement between You and Us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of Us which is not set out in these Terms and Conditions.

5. Authority

In the event that you make a Booking on behalf of a business, You confirm that you have authority to bind any business on whose behalf you use the Website to submit a Booking.

6. Conflict

In the event of any conflict between the provisions of these Terms and Conditions and the provisions of the Booking, then the Booking Confirmation prevails over these Terms and Conditions.

7. Placing a Booking and Forming an Agreement

7.1 By contacting Us either through the Website or directly, you will be able to select those Services in relation to which you would like to submit a Booking to Us.

7.2 On submitting a Booking to Us we will contact you in relation to Your requirement and once we are satisfied with the details We will provide You with the Booking Confirmation in writing with details of how to make a payment to Us. Unless otherwise stipulated on the Website or agreed in writing by Us, all Deposits and Charges are payable in the currency agreed between Us.

7.3 The Deposits and Charges are payable by You in advance as specified in the Booking Confirmation. Payment of Deposits and Charges must be made to Us only in accordance with that agreed and identified between us. We shall not be bound to supply any Services to You (nor issue any Certificate or Membership logo) until we have received the necessary cleared funds for the Training Programme or event or application and membership fee in full.

7.4 We may send you an invoice at any time after we have sent you a Booking Confirmation confirming Your Booking with Us.

7.5 Until we have sent You a Booking Confirmation, we reserve the right to refuse to process your Booking, and You reserve the right to not go ahead with your Booking.

7.6 If, after submitting your Booking, you realise that you have made a mistake in your Booking, please contact us as soon as possible either directly or through the Website.

7.7 When you submit a Booking to Us You agree that you do so subject to these Terms and Conditions and the relevant policies current as at the date on which you submit your Booking. It is your responsibility to review the latest Terms and Conditions and Our applicable policies on the Website each time you submit a Booking to Us.

7.8 Your Booking is an offer to purchase Services from Us, and it remains an offer until We issue our Booking Confirmation and you pay the Deposit to Us. If you would like to cancel your Booking, which needs to be notified to Us within a reasonable amount of time in advance of the Services to be provided, We will as far as reasonably practicable, look to move you to an alternative Athena Training Programme. This is your sole recourse with AAHEP.

8. Provision of the Services

8.1 Term: Following the date of the Booking Confirmation, these Terms and Conditions will continue in force until otherwise terminated in accordance with these Terms and Conditions or superseded as notified by Us from time to time.

8.2 Services: We warrant that:

We shall use Our reasonable skill and care in providing the Services;
Our employees, agents, contractors and subcontractors have the necessary skill to provide the Services;
the Services will be provided in a professional, competent and workmanlike manner;
We have all necessary consents, rights and permissions to enter into, and perform Our obligations under, these Terms and Conditions; and
We shall comply with all Applicable Laws in relation to the exercise of Our rights and performance of Our obligations under these Terms and Conditions.

8.3 No warranty: We do not warrant that the Services will meet Your individual requirements. We are not responsible for any people, equipment, deliverables or services that we are not expressly stipulated to provide under these Terms and Conditions. You are responsible for any people, equipment, deliverables and services that you need to obtain from someone other than Us. Except for any matter in relation to which we specifically agree in writing to advise or do, We shall not be responsible, or have any Liability (subject to Clause 14.2) for advising on, or failing to advise on, or doing, or failing to do, anything else.

8.4 Independent contractors: Individuals engaged by AAHEP provide services in an independent capacity unless stated otherwise. AAHEP does not endorse or adopt personal views expressed by contractors in training sessions, publications, media, appearances or online content and such views shall not be attributed to AAHEP.

8.4 No guarantee: We do not warrant that the Services will meet Your individual requirements. Whilst We use our reasonable endeavours to make the Services available, We shall not have any Liability (subject to Clause 14) if for any reason the Services are unavailable for any time or for any period.

8.5 Improvement: We reserve the right, at any time, to carry out repairs, maintenance or introduce new facilities and functions in respect of all or any part of the Services.

8.6 Timescales: We shall use Our reasonable endeavours to perform our obligations under these Terms and Conditions within any timescales set out between Us. For the avoidance of doubt, time is not of the essence and, in particular, subject to Clause 14.2, We shall not have any Liability for any delays or failures to accurately perform Our obligations:

if We have used those endeavours; or
if caused by any failure or delay on Your part or by any breach by You of these Terms and Conditions or any other agreement between Us and You.
If there is any slippage in time, We shall use our reasonable endeavours to reschedule delayed tasks to a mutually convenient time.

9. Exclusions

9.1 Except as specifically stipulated in these Terms and Conditions, We shall not be responsible for providing or achieving any particular results or outcomes within a particular time frame.

9.2 Except where expressly stated in these Terms and Conditions, We exclude all conditions, warranties, terms and obligations, whether express or implied by statute, common law or otherwise, to the fullest extent permitted by law in respect of the Services.

10. Your Obligations

10.1 Correct information: You must only submit to Us either directly or through the Website information (whether contact details or otherwise) which is accurate and not misleading and you must keep it up-to-date and inform Us of any changes.

10.2 Your responsibilities: You must immediately on becoming aware:

10.2.1 co-operate with Us;
10.2.2 provide Us with any information We reasonably require in respect of the Services from time to time;
10.2.3 report any faults or suspected faults with or in the Services to Us;
10.2.4 report to Us any abuse of the Internet (including spam, hacking and phishing) that you consider to have taken place through the use of the Services by any person, and you shall include in such report as much information as you are able to provide to Us relating to the type of abuse that you have witnessed;
10.2.5 be responsible for ensuring that You have the knowledge and expertise necessary to access and make use of the Services;
10.2.6 be responsible for ensuring and you hereby warrant and undertake to Us that Your use of the Services:
- (a) does not infringe the privacy rights or Our Intellectual Property Rights or those of any third party;
- (b) does not harm Us or bring Us or Our name into disrepute;
- (c) is not for the purposes of sending spam or other unsolicited emails;
- (d) is not for the purposes of breaching or circumventing the security of any network or Internet user;
- (e) does not impose an unreasonable or disproportionately large load on Our infrastructure or the Services (whether or not the Services have “unlimited” elements, such as in relation to Internet traffic or disk usage);
- (f) does not interfere with another user’s use of the Services or similar services;
- (g) is not defamatory, obscene, abusive, malicious, indecent, harassing or discriminatory;
- (h) conforms in all respects with all Applicable Law; and
- (i) does not contain any material detrimental to Us or any other user of the Services or similar services, including any viruses, trap doors, back doors, Trojan horses, time bombs, easter eggs, worms, cancelbots or other computer programming routines that are intended to detrimentally interfere with, damage, expropriate or surreptitiously intercept any system, data or personal information;
10.2.7 promptly comply with Our reasonable requests from time to time in connection with these Terms and Conditions;
10.2.8 ensure that the Services are sufficient and suitable for Your purposes and meet Your individual requirements;
10.2.9 at all times, use strong processes and controls to protect the security of personal data; such controls must enforce access to personal data on a need-to-know basis and also protect against unauthorised observation, change, deletion, corruption, contamination, acquisition or transmission, while at rest or in transit;
10.2.10 where applicable, have plans and processes in place for maintenance, oversight and continuous improvement within your organisation; management and responsibility for information security must be a clear priority within Your organisation; and
10.2.11 where applicable, ensure that all Your staff are appropriately aware and trained in information security processes and protocols as may be considered reasonable in your industry and operations.

10.3 Restrictions: You must not, whether yourself or in conjunction with anyone else:

10.3.1 manipulate Bookings or transactions in ways that are unfair to Us or other users of the Website and/or the Services; and
10.3.2 use or access the Website and/or the Services in contravention of any Applicable Law.

10.4 Indemnity: You shall indemnify and hold us harmless against all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties, fines and legal and other reasonable professional costs and expenses) suffered or incurred by Us arising out of or in connection with any breach by You under these Terms and Conditions. This indemnity shall apply whether or not you have been negligent or at fault.

10.5 Insurance: Where applicable, You shall take out and maintain in force at Your own cost during the Term of the Agreement between Us and for a period of 6 (six) years after the termination or expiry of the Services such insurance as would usually be effected and maintained by a reasonably prudent person performing equivalent functions and services to You including without limitation: (i) Professional indemnity insurance of no less than five million pounds sterling (£5,000,000) for any one claim arising out of a single event and without limit as to the number of claims during the period of insurance; (ii) Public Liability Insurance of no less than two million pounds sterling or the amount specified in a Booking whichever is greater; (iii) Employer’s Liability Insurance of no less than ten million pounds sterling (£10,000,000); (iv) Cyber Insurance; (v) Data Protection Law breach Insurance.

10.6 Suspension of Services: We reserve the right to suspend Our provision of the Services to You if Your use of the Services (including attendance at a site) is having a detrimental impact on Our other customers. Following the decision to suspend any Services, We will contact You with details of the suspension and invite You to remedy the situation if appropriate.

10.7 Charges: In consideration of the provision and performance of the Services to the Customer, the Customer shall pay AAHEP by bank transfer to the account identified by AAHEP from time to time by the due date as stated on the invoice. If any amount, in the absence of a dispute, is not paid to AAHEP by the due date identified in the invoice, the Customer, in the case of a business, shall pay statutory interest (Late Payments of Commercial Debts (Interest) Act 1998) on such sum to AAHEP as identified and invoiced to the Customer by AAHEP. In the case of the Customer being a consumer, AAHEP may also charge interest on any balance outstanding at the annual rate of four per cent above the Bank of England base rate calculated daily. We will email you to let you know if we intend to do this pursuant to clause 10.8 below. AAHEP expressly reserves its right to do so at any stage from the due date. Please also see the AAHEP Fees and Costs Policy.

10.8 Late payment: We will send you a reminder for payment of Charges following Us sending an invoice to You. If you have not paid any invoice within 14 days of Us having sent that reminder to You, We will have the right, subject to the application of interest pursuant to clause 10.7 above, to either suspend or terminate the provision of the Services with You without notice in accordance with these Terms and Conditions. Other AAHEP policies shall also apply including the AAHEP Sanctions Policy.

10.9 Increase in Charges: We may increase any Charges at any time on notice to You of 3 (three) Business Days, with the increase taking effect from the next payment date for the Charges in accordance with Clause 10.7 and the AAHEP Fees and Costs Policy. For the avoidance of doubt, this shall include annual increases to the Services. If You do not accept the increase notified to You, You have the right to terminate the provision of Services between Us in accordance with these Terms and Conditions.

10.10 VAT: The price of the Services as listed on the Website or quoted by email excludes VAT; however, where applicable, you will be charged VAT at the applicable current rate chargeable in the UK. If Your use of the Services is for business purposes and your business is located in a country either in or outside of the European Union that is not in the UK, it is your responsibility to assess and submit VAT (or any local equivalent) to the appropriate authority.

11. Data Protection

The Parties acknowledge that We process personal data in accordance with the AAHEP Data Protection Policy available on the Website(s).

AAHEP is registered with the UK Information Commissioner’s Office under Registration Reference: ZB191328.

11.14 Intellectual Property Rights

11.14.1 What We own: You acknowledge that AAHEP owns all Intellectual Property Rights in the Services and any rights arising out of any works arising in connection with the Services.

11.14.2 AAHEP grants to You a non-exclusive non-transferable licence to use the Services to the extent necessary for You to receive the provision of the Services from Us and as applicable as provided under either the AAHEP and Athena Brand Guide (provided as appropriate).

11.14.3 You may use the AAHEP Intellectual Property Rights solely for Your own personal learning and professional development in connection with the Services. You shall not copy, reproduce, distribute, publish, adapt, commercialise, licence or otherwise exploit Our Intellectual Property Rights except where expressly authorised in writing by AAHEP.

11.14.4 You undertake that You will not, whether directly or indirectly:

(a) use the Intellectual Property, or any part of it, to establish, promote, deliver or support any training programme, course, qualification, accreditation or educational offering which is the same as, substantially similar to, or competes with AAHEP;
(b) use the Intellectual Property to assist any third party to establish or operate a competing training organisation, programmes or registers;
(c) represent or imply that any independently run training, course or programme is affiliated with, endorsed by, derived from, or equivalent to that run under AAHEP.

11.14.5 Nothing in the undertaking set out under clause 11.14.4 above shall prevent You from:

(a) practising professionally in Your field; or
(b) delivering services to Your clients within the scope of Your professional competency,

provided that You do not use or rely upon any AAHEP Intellectual Property Rights to deliver any competing training, educational programmes or registers.

11.14.6 AAHEP is the absolute legal and beneficial owner of the name, logo and any other name or logo owned by the same and used by AAHEP from time to time including “AAHEP®”, “aahep®”, “Athena®”, “Concordia Equestrians™” and the Concordia International Equestrian Magazine™ (“AAHEP Trade Mark(s)”). You shall not have any right to use or reproduce any AAHEP Trade Mark save for the licence expressly granted either pursuant to these Terms and Conditions or applicable Services Agreement, policies and procedures including both the AAHEP Brand Guide and Athena Brand Guide.

11.15 Termination by Us on Notice

11.15.1 We may terminate these Terms and Conditions and/or any Booking entered into under the same between us in relation to the provision of Services at any time by giving You not less than 30 (thirty) days’ notice.

11.15.2 We may provide You with immediate notice to terminate these Terms and Conditions and/or any Booking entered into under the same between Us in the event that You:

(a) do not make any payment to Us when it is due and you still do not make payment within 14 (fourteen) days of Us reminding you that payment is due and payable;
(b) do not, within a reasonable amount of time of Us asking for it, provide Us with information that is necessary for Us to provide the Services;
(c) are in breach of any of Your obligations under these Terms and Conditions including any Policies and Procedures including for example Our Sanctions Policy included within the same;
(d) are unable to pay Your debts when they fall due;
(e) have a petition for administration or winding up proceedings;
(f) have a receiver or manager appointed over any of Your property or assets;
(g) are the subject of a bankruptcy petition;
(h) enter into any composition with creditors generally; and/or
(i) take or suffer any steps preparatory to the situations set out in Clauses 11.15.2(c) to 11.15.2(h), or if any distress or execution is levied or threatened on any of your property or assets.

11.16 Event Outside Our Control

We may terminate these Terms and Conditions and/or any Booking entered into under the same in accordance with Clause 16.2.

12. On Termination

12.1 In the event that these Terms and Conditions and/or any Agreement between us in relation to the provision of Services is cancelled or terminated:

12.1.1 we will cease to provide any relevant Services to You, and any licences specifically with regard to use of any AAHEP Trade Mark under either the AAHEP Brand Guide and/or Athena Brand Guide shall also cease; and
12.1.2 the accrued rights, remedies, obligations and liabilities of Us and You as at cancellation or termination shall not be affected, including the right to claim damages for any breach of these Terms and Conditions and/or any Booking entered into under the same which existed at or before the date of cancellation or termination.

13. Post-Termination

Termination of these Terms and Conditions shall not affect the coming into force, or continuance in force, of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.

14. Limitation of Liability

14.1 This Clause 14 prevails and sets forth Our entire Liability, and your sole and exclusive remedies, in respect of performance, non-performance, purported performance, delay in performance or mis-performance of these Terms and Conditions and/or any Booking entered into under the same.

14.2 We shall not exclude or limit our Liability for:

Our fraud; or
death or personal injury caused by Our Breach of Duty; or
any breach of the obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or
any other Liability which cannot be excluded or limited by applicable law.

14.3 Subject to Clause 14.4, we do not accept and hereby exclude any Liability for Breach of Duty other than any Liability arising pursuant to these Terms and Conditions and/or any Booking entered into under the same.

14.4 For the avoidance of doubt, We exclude any Liability in respect of any:

14.4.1 indirect or consequential losses, damages, costs or expenses;
14.4.2 loss of actual or anticipated profits;
14.4.3 loss of contracts;
14.4.4 loss of use of money;
14.4.5 loss of anticipated savings;
14.4.6 loss of revenue;
14.4.7 loss of goodwill;
14.4.8 loss of reputation;
14.4.9 loss of business;
14.4.10 ex gratia payments;
14.4.11 loss of operation time;
14.4.12 loss of opportunity;
14.4.13 loss caused by the diminution in value of any asset; or
14.4.14 loss of, damage to, or corruption of, data;

whether or not such losses were reasonably foreseeable or We or Our agents or contractors had been advised of the possibility of such losses being incurred. For the avoidance of doubt, Clauses 14.4.2 to 14.4.14 (inclusive) apply whether such losses are direct, indirect, consequential or otherwise.

14.5 Subject to Clause 14.2, our total aggregate Liability arising out of or in connection with all claims in aggregate (including warranty claims and losses relating to the breach of warranty) shall be limited to the greater of:

100% of all amounts paid in aggregate, by You to Us under these Terms and Conditions and any Agreement between us in the 12 months prior to the date on which the claim first arose; or
£4,000.

The limitation of Liability under this Clause 14.5 has effect in relation both to any Liability expressly provided for under these Terms and Conditions and/or any Booking entered into under the same and to any Liability arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions and/or any Booking entered into under the same.

You acknowledge and agree that We only provide the Services to You on the express condition that we will not be responsible, nor shall we have any Liability (subject to Clause 14.2) directly or indirectly for any act or omission of You or any third party.

15. Notices

15.1 Any notice given to either Us or You by the other under or in connection with this Agreement shall be in writing, addressed (as applicable) to Us at our registered office or addressed to You at such address as you may have specified to Us from time to time, and shall be delivered by email, personally, sent by pre-paid first class post, recorded delivery or commercial courier.

15.2 A notice shall be deemed to have been received: if sent by email or delivered personally, when sent or left at the last notified address provided done on a Business Day during Business Hours. If not, the next Business Day shall be the date of receipt. If sent by pre-paid first class post or recorded delivery, at 9.00am on the second Business Day after posting; and, if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed provided done on a Business Day during Business Hours. If not, the next Business Day shall be the date of receipt.

16. Events Outside Our Control

16.1 Subject to Clause 14, We will not have any Liability or be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions and/or any Booking entered into under the same between Us that is caused by an Event Outside Our Control.

16.2 If an Event Outside Our Control takes place that affects the performance of Our obligations under this Agreement:

16.2.1 We will contact you as soon as reasonably possible to notify You of the Event Outside Our Control; and
16.2.2 Our obligations under these Terms and Conditions and/or any Booking entered into under the same will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Our responsibilities under these Terms and Conditions and/or any Booking entered into between Us under the same, we will restart the performance of those responsibilities as soon as reasonably possible after the Event Outside Our Control is over.

16.3 We shall have a right to terminate these Terms and Conditions and/or reschedule any Booking made under the same in the case of an Event Outside Our Control, in which case such termination and/or rescheduling of any Booking by Us shall have immediate effect.

17. Retention of Records

We shall keep a record of your Booking and these Terms and Conditions until 6 (six) years after You submit Your Booking to Us through the Website. However, for your reference in future, We recommend that You print and keep a copy of these Terms and Conditions and/or any Booking entered into under the same including the Booking Confirmation.

18. Compliments and Complaints Policy

We value your satisfaction with the Website and the Services. If You have a compliment or a complaint, please contact us either directly and/or through the Website and we will send you over a copy of our Compliments and Complaints Policy and Form. If You feel that Your complaint was not addressed to Your satisfaction, then you may escalate pursuant to Our Compliments and Complaints Policy.

19. General

19.1 A person who is not Us or You shall not have any rights under or in connection with these Terms and Conditions and any Booking entered into under the same.

19.2 These Terms and Conditions are personal to You. You may not assign, transfer, charge or otherwise encumber, create any trust over, or deal in any manner with, these Terms and Conditions and/or any Booking entered into under the same or any right, benefit or interest under it, nor transfer, novate or sub-contract any of your obligations under it, without Our prior written consent (such consent not to be unreasonably withheld or delayed).

19.3 We may transfer Our rights and obligations under these Terms and Conditions and/or any Booking entered into under the same to another organisation, and We will always inform You if that happens, but this will not affect Your rights or Our obligations under these Terms and Conditions and/or any Booking.

19.4 If We fail to insist that You perform any of Your obligations under these Terms and Conditions and/or any Booking entered into under the same, or if We do not enforce our rights against You, or if we delay in doing so, that will not mean that We have waived our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that we will automatically waive any later default by You.

19.5 Each of the provisions of these Terms and Conditions operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.

19.6 Nothing in these Terms and Conditions and/or any Booking entered into under the same shall constitute a partnership or employment or agency relationship between Us and You.

19.7 Subject to clause 19.9 below, any question, dispute or difference, which may arise concerning the construction, meaning, effect or operation of these Terms and Conditions and/or any Booking entered into under the same or any matter arising out of or in connection with the same shall be escalated internally between the Parties to resolve the matter in the first instance.

19.8 These Terms and Conditions and/or any Booking entered into under them and any dispute or claim arising out of or in connection with the same (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

19.9 Subject to the dispute resolution procedure provided for under clause 19.7 above, You submit to the exclusive jurisdiction of the English courts to settle any dispute or claim arising out of or in connection with these Terms and Conditions or its subject matter or formation.

Version	Date	Initials	Description
v2.00	17 March 2023	JG	Updated to add Concordia
v1.00	12 January 2019	JG	Initial Draft