Terms and Conditions of Use
Terms and Conditions of Use
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™ and 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 whether for training, events, days, advertising in the Concordia Equestrian Magazine, or memberships can be made by telephone or through Our Websites. These Terms and Conditions along with any applicable policies and procedures shall apply to all services provided by AAHEP (including under the Athena and Concordia brands) to any person or organisation who books them (“Customer”, “Customers” or “You”), whether booked with Us directly or through Our Websites and confirmed in writing by Us, including Athena Training Programmes and other training, courses, qualifications and education; registration and membership of any AAHEP register (including the AAHEP Accredited Register); Athena membership and any other membership; events and days; advertising in the Concordia International Equestrian Magazine; and services provided onsite (together, the “Services”). The Services are either Business Services or Consumer Services as set out in clause 6.
AAHEP and the Customer are referred to individually as a “Party” or collectively the “Parties”.
AAHEP Materials: has the meaning given in clause 13.1.
Agreement: has the meaning given under clause 8 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 as well as animal assisted qualifications and any membership arising out of the same.
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).
Business Customer: has the meaning given in clause 6.1.
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.
Business Services: has the meaning given in clause 6.1.
Charges: the charges payable by You to AAHEP for Our provision to You of the Services (including in relation to any Athena Training Programme or other training, registration, application and/or membership of AAHEP, any event or day, and any advertising), 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.
Consumer Customer: has the meaning given in clause 6.3.
Consumer Services: has the meaning given in clause 6.3.
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).
By making a Booking with Us, you warrant that you are at least 18 years of age.
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.
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.
In the event that you make a Booking on behalf of a business or other organisation (including where the organisation is sending individuals to attend any Services), You confirm that you have authority to bind that business or organisation, and that business or organisation shall be the Customer and shall be responsible for payment of the Charges and for the compliance of its attendees with these Terms and Conditions.
6.1 The following Services are offered and supplied only on a business-to-business basis to persons acting for purposes relating to their trade, business, craft or profession (including a trade, business, craft or profession which is being established) and are not offered or supplied to consumers (“Business Services”): (a) all Athena Training Programmes and any other training, courses, qualifications or education delivered by Athena as the training and education arm of AAHEP, which are designed exclusively to equip participants to incorporate horses and other animals into a new or existing professional practice; (b) registration and membership of any AAHEP register including the AAHEP Accredited Register; (c) any Athena membership; (d) advertising in the Concordia International Equestrian Magazine; and (e) any Services booked by or on behalf of a company, firm, partnership or other organisation, including where that organisation books Services for its staff or other individuals. A Customer who books Business Services is a “Business Customer”.
6.2 By making a Booking for any Business Services, You warrant, represent and confirm that You are entering into the Agreement in the course of, or for the purposes of, Your existing or intended trade, business, craft or profession (or, where applicable, on behalf of an organisation) and not as a consumer, and You acknowledge that We rely on this confirmation in accepting Your Booking and in setting the Charges and these Terms and Conditions. Statutory rights which apply only to consumers (including those under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) do not apply to Business Services, and clauses 8.9 and 8.10 do not apply to Bookings for Business Services.
6.3 Any Services other than those described in clause 6.1, including Services provided onsite and events or days, which are booked by and supplied to an individual (and not to or on behalf of a company or other organisation) who is acting for purposes wholly or mainly outside that individual’s trade, business, craft or profession are supplied on a business-to-consumer basis (“Consumer Services”), and a Customer who books Consumer Services is a “Consumer Customer”. Where these Terms and Conditions apply to Consumer Services, nothing in them shall exclude, restrict or affect any statutory rights which a Consumer Customer has under the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or any other Applicable Law which cannot be excluded or limited by contract, and any provision of these Terms and Conditions shall apply to Consumer Services only to the extent permitted by such Applicable Law.
6.4 We may ask You to provide reasonable evidence of Your existing or intended professional practice or of the organisation on whose behalf You are booking (such as a business name, registration, professional qualification or business plan) before or after issuing a Booking Confirmation for Business Services, and We may refuse or cancel any Booking for Business Services where We reasonably believe that You are acting as a consumer. You shall indemnify Us in accordance with clause 11.4 against any loss We suffer as a result of any inaccuracy in the confirmation given under clause 6.2.
6.5 In relation to Consumer Services, and in compliance with the Digital Markets, Competition and Consumers Act 2024: (a) the price shown for Consumer Services on the Website, in any advertising or in any quotation will be the total price, inclusive of VAT and of any fees or charges that are payable in all cases, and We will not add any mandatory fee or charge that was not included in that price; (b) We will not engage in any unfair commercial practice, including any misleading action or omission, aggressive practice or misleading statement as to the availability, urgency or popularity of any Services; and (c) We will not publish, commission or facilitate fake or concealed incentivised consumer reviews, and We take reasonable and proportionate steps to prevent and remove such reviews in accordance with Our reviews policy published on the Website.
6.6 Memberships and registrations that renew automatically are Business Services and are not offered to consumers. If any Consumer Services are offered on a recurring or automatically renewing basis, We will comply with the subscription contract requirements of the Digital Markets, Competition and Consumers Act 2024 as and when they are in force, including by providing clear pre-contract information, reminder notices before renewal, cooling-off rights and a straightforward means of ending the subscription.
6.7 Where any Business Services are booked by an individual, We may treat that individual as a Business Customer on the basis of the confirmation given under clause 6.2, but Our marketing and pricing of Business Services will not mislead any person as to the nature of the Services or the basis on which they are supplied.
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.
8.1 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.
8.2 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.
8.3 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.
8.4 We may send you an invoice at any time after we have sent you a Booking Confirmation confirming Your Booking with Us.
8.5 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.
8.6 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.
8.7 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.
8.8 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.
8.9 If you are a Consumer Customer booking Consumer Services at a distance (for example online, by email or by telephone) or away from Our business premises, you have a legal right to cancel your Booking with AAHEP within 14 days of the date of the Booking Confirmation without giving any reason, and We will refund any payment received from you within 14 days of your cancellation. This right does not apply to Business Services.
8.10 If, at your express request, Consumer Services begin within the 14 day cancellation period and you then cancel, you must pay Us an amount in proportion to the Consumer Services provided up to the time you told Us that you were cancelling. If the Consumer Services have been fully performed within the cancellation period at your express request, you will lose the right to cancel.
8.11 If you would like to cancel your Athena Training Programme 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.
9.1 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.
9.2 Services: we warrant that:
9.3 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 17.2) for advising on, or failing to advise on, or doing, or failing to do, anything else.
9.4 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.
9.5 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 17) if for any reason the Services are unavailable for any time or for any period.
9.6 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.
9.7 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 17.2, We shall not have any Liability for any delays or failures to accurately perform Our obligations:
9.8 Times and time zones: Any start times, finish times, session lengths, durations or schedules shown on the Website, in any Booking Confirmation or in any other materials are estimates only and may vary. All Athena Training Programmes, courses, events and other Services are run at the times advertised in UK time (Greenwich Mean Time or British Summer Time, as applicable at the relevant date). It is Your responsibility to convert advertised times to Your local time zone where You attend from outside the UK, and We shall have no Liability (subject to Clause 17.2) for any failure by You to attend or join any Services as a result of any time zone or time conversion error.
9.9 Changes to tutors and presenters: We may advertise the tutors, trainers, assessors, presenters, speakers or other individuals expected to deliver particular Services. Due to illness, unavailability or other unforeseen circumstances, We reserve the right to replace any advertised individual with another suitably qualified and experienced individual. We will use reasonable endeavours to notify You of any such change as soon as reasonably practicable. A change of individual will not entitle You to cancel Your Booking or to a refund, save that where You are a Consumer Customer and the change materially affects the Consumer Services You booked, Your statutory rights are not affected.
10.1 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.
10.2 Except where expressly stated in these Terms and Conditions, and save in respect of any statutory rights of a Consumer Customer which cannot be excluded, 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.
11.1 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.
11.2 Your responsibilities: You must immediately on becoming aware:
11.3 Restrictions: You must not, whether yourself or in conjunction with anyone else:
11.4 Indemnity: Where You are a Business Customer, 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 to the extent arising out of or in connection with any breach by You (or, where You are an organisation, by any individual attending the Services on Your behalf) of these Terms and Conditions. Where You are a Consumer Customer, You shall be responsible for losses We suffer as a result of Your breach of these Terms and Conditions only to the extent such losses were reasonably foreseeable.
11.5 Insurance: Where You are a Business Customer practising professionally (including as an AAHEP register or Accredited Register member), 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 professional indemnity insurance and public liability insurance (and, where You employ staff, employer’s liability insurance as required by law), in each case at the levels specified in the applicable AAHEP register standards, membership requirements or Booking from time to time.
11.6 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.
11.7 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 Customer, shall pay statutory interest (Late Payment of Commercial Debts (Interest) Act 1998) on such sum to AAHEP as identified and invoiced to the Customer by AAHEP. In the case of a Consumer Customer, 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 this clause 11.7. AAHEP expressly reserves its right to do so at any stage from the due date. Please also see the AAHEP Fees and Costs Policy.
11.8 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 11.7 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.
11.9 Increase in Charges: We may increase any Charges on not less than 30 (thirty) days’ notice to You, with the increase taking effect from the next payment date for the Charges in accordance with Clause 11.7 and the AAHEP Fees and Costs Policy. For the avoidance of doubt, this shall include annual increases to membership and registration fees, but no increase shall apply to Charges for any Booking already confirmed by a Booking Confirmation. If You do not accept the increase notified to You, You have the right to terminate the provision of the affected Services between Us before the increase takes effect and, where You are a Consumer Customer, We will refund any Charges paid in advance for Services not yet provided.
11.10 VAT: Prices for Business Services as listed on the Website or quoted by email exclude VAT, which will be charged where applicable at the current rate chargeable in the UK. Prices for Consumer Services are shown inclusive of VAT (where applicable) and of any other mandatory charges. If Your use of the Services is for business purposes and your business is located in a country outside the UK, it is your responsibility to assess and submit VAT (or any local equivalent) to the appropriate authority.
The Parties acknowledge that We process personal data as a controller in accordance with the UK GDPR, the Data Protection Act 2018 (each as amended, including by the Data (Use and Access) Act 2025) and the AAHEP Data Protection Policy and privacy notice available on the Website(s). Where You are a Business Customer and provide Us with personal data of any individual (including any individual You send to attend the Services), You confirm that You have a lawful basis for doing so and have provided that individual with any information required by data protection law. AAHEP is registered with the UK Information Commissioner’s Office under Registration Reference: ZB191328.
13.1 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, including all course content, manuals, handbooks, workbooks, slides, videos, recordings, assessments, assessment criteria, frameworks, models, methodologies, curricula and other materials provided or made available by or on behalf of AAHEP in any form (“AAHEP Materials”).
13.2 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).
13.3 You may use the AAHEP Intellectual Property Rights solely for Your own learning and professional development, and for the purposes of Your own professional practice, 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.
13.4 You undertake that You will not, whether directly or indirectly:
13.5 Nothing in the undertaking set out under clause 13.4 above shall prevent You from:
provided that You do not use or rely upon any AAHEP Intellectual Property Rights to deliver any competing training, educational programmes or registers.
13.6 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.
13.7 Recording and sharing: You shall not record (by audio, video, screen capture or otherwise) any Services, sessions or AAHEP Materials without Our prior written consent, and You shall not share, upload, post, forward or make available any AAHEP Materials, recordings or log-in details to or with any person who has not booked the relevant Services.
13.8 Confidentiality: You shall keep confidential all Confidential Information of AAHEP, including the AAHEP Materials and any unpublished methods, know-how, assessment content, business information and member, learner or tutor information, and shall not use or disclose it except as necessary to receive the Services or as permitted by these Terms and Conditions. This clause does not apply to information which is or becomes publicly available other than through Your breach, which You lawfully receive from a third party free of any duty of confidence, or which You are required by law to disclose.
13.9 Non-solicitation: Where You are a Business Customer, You shall not, during the Term and for 12 (twelve) months after the termination or expiry of the Services, directly or indirectly solicit or entice away (or attempt to do so) any tutor, trainer, assessor, employee or contractor of AAHEP with whom You had dealings in connection with the Services, or any learner or member of AAHEP whose details You obtained through the Services, for the purpose of establishing or operating any training programme, course, qualification, accreditation or register which competes with AAHEP. Nothing in this clause prevents You from practising professionally or delivering services to Your own clients.
13.10 Return of materials: On termination or expiry of these Terms and Conditions, any Booking or any membership or registration, You shall, on Our request, promptly cease using and return or permanently delete all AAHEP Materials and Confidential Information in Your possession or control, save for any certificate issued to You and any copy You are required by law to retain.
13.11 Organisations: Where You are an organisation, You shall ensure that each individual attending the Services on Your behalf complies with this clause 13, and You shall be responsible for any breach by any such individual.
13.12 Remedies and survival: You acknowledge that damages alone may not be an adequate remedy for breach of this clause 13 and that AAHEP shall be entitled to seek injunctive or other equitable relief, in addition to any other remedy. Any breach of this clause 13 shall entitle Us to suspend or terminate the Services, any membership or registration and any licence to use the AAHEP Trade Marks, and, subject to Our applicable policies, to withdraw any accreditation or certification issued in reliance on the Services. This clause 13 shall survive termination or expiry of these Terms and Conditions and any Booking.
14.1 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.
14.2 We may provide You with immediate notice to either suspend or terminate these Terms and Conditions and/or any Booking entered into under the same between Us in the event that You:
14.3 Event Outside Our Control: We may suspend and/or terminate these Terms and Conditions and/or any Booking entered into under the same in accordance with Clause 19.2.
15.1 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:
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.
17.1 This Clause 17 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.
17.2 We shall not exclude or limit our Liability for:
17.3 Subject to Clause 17.4, 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.
17.4 For the avoidance of doubt, We exclude any Liability in respect of any:
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, the above exclusions apply whether such losses are direct, indirect, consequential or otherwise.
17.5 Subject to Clause 17.2, 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 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.
The limitation of Liability under this Clause 17.5 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 17.2) directly or indirectly for any act or omission of You or any third party.
17.6 Clauses 17.3, 17.4 and 17.5 apply in full to Business Customers. Where You are a Consumer Customer: (a) We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of these Terms and Conditions or Our failure to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable; (b) as Consumer Services are provided for domestic and private use only, We have no Liability to You for any loss of profit, loss of business, business interruption or loss of business opportunity; and (c) nothing in this Clause 17 limits or excludes Your statutory rights, including Your rights under the Consumer Rights Act 2015 in relation to services.
18.1 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.
18.2 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 9.00 am 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.
19.1 Subject to Clause 17, 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.
19.2 If an Event Outside Our Control takes place that affects the performance of Our obligations under this Agreement:
19.3 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.
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.
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.
22.1 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.
22.2 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).
22.3 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.
22.4 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.
22.5 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.
22.6 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.
22.7 Subject to clause 22.9 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.
22.8 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.
22.9 Subject to the dispute resolution procedure provided for under clause 22.7 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, save that a Consumer Customer who lives in Scotland or Northern Ireland may also bring proceedings in the courts of Scotland or Northern Ireland respectively.
| Version | Date | Initials | Description |
|---|---|---|---|
|
v4.00
|
|
JG |
Business and consumer services update
|
|
v2.00
|
|
JG |
Updated to add Concordia
|
|
v1.00
|
|
JG |
Initial Draft
|