TERMS AND CONDITIONS FOR TRAINING COURSES AND AREA HIRE
These terms and conditions are a legal agreement between you (you, Customer) and Morelli Group Limited (we, us, Morelli) for the provision by Morelli to you of a training course or courses or the booking of area hire. Please read them carefully and make sure you understand them. They set out the obligations between you and Morelli in respect of any booking you make for a training course or area hire.
By clicking on the “purchase” button on our website or by signing these terms and conditions where your request for the provision of a training course or area hire is made off-line you agree that these terms and conditions will bind you and any Delegate(s) of yours who attends the training course or uses any booked area.
If you do not agree to these Terms and Conditions, please do not purchase a training course or area hire from us.
1. Interpretation
In these terms and conditions, unless the context otherwise requires, the following expressions shall have the following meanings:
Area Hire the hire of a spray booth, demonstration room or conference room.
Charges the charges payable for the Training Course or Area Hire in accordance with our published price list from time to time.
Contract the contract between Morelli and the Customer for the supply by Morelli of a Training Course or Area Hire to the Customer in accordance with these terms and conditions.
Delegate an individual or representative of the Customer who the Customer notifies or appoints to attend the Training Course or is to use the Area Hire.
Training Course any training course offered from time to time by Morelli.
2. Basis of Contract
2.1 These terms and conditions apply to provision of any Training Course or Area Hire provided by us to you to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing save to the extent agreed otherwise in writing by a director of Morelli.
2.2 Your order to us for the provision of the Training Course or Area Hire constitutes an offer to purchase the Training Course or Area Hire in accordance with these terms and conditions. You are responsible for ensuring that the terms of your order are complete and accurate.
2.3 Your order will only be deemed to be accepted when we issue written acceptance of it. Once Morelli gives you written acceptance of your order the Contract shall come into existence. Save where otherwise expressly agreed in writing your order will only be accepted and we will only issue written acceptance once you have paid a deposit of 50% of the Charges.
2.4 Each order from you shall be deemed to be a separate offer by you for each Training Course or Area Hire, which we shall be free to accept or decline in our absolute discretion.
2.5 All course descriptions or advertising produced by us is produced for the sole purpose of giving an approximate idea of the courses referred to in them. They shall not form part of the Contract or have any contractual force.
3. Delegates
3.1 You will provide us with the full details of your Delegate or Delegates who are to attend the Training Course or use the Area Hire and in the case of Area Hire the details of the purpose of the Area Hire.
3.2 You are entitled, at any time, to substitute your Delegate with another person provided you give us, in writing, the full details of any such substitute prior to the Training Course commencing.
3.3 We have the right in our absolute discretion to refuse to allow a Delegate to attend the Training Course or to remove them from the Training Course or the Area Hire in the event that the Delegate is disruptive, abusive or a nuisance to other attendees or does not have the skills which we have advised are required for attendance at the Training Course.
4. Trainers
We will provide you with details of the Trainer who is scheduled to deliver the Training Course, but we reserve the right in our absolute discretion to change the Trainer who is to deliver the Training Course without notice.
5. Course Content
Due to the fluid nature of training courses, we reserve the right in our discretion to change the content of the Training Course from time to time.
6. Cancellation and Alteration of Course Dates and Venues
6.1 We reserve the right to alter or cancel published dates and change venues without liability however we will endeavour to provide reasonable notice of cancellation or change, except in an emergency or where the cancellation or change arises as a result of a Force Majeure Event (as defined in clause 10.2).
6.2 Where we alter or cancel the scheduled date for a Training Course or change the venue at which the Training Course is to be held and the dates and/or venue offered by us to reschedule the Training Course are not suitable for you then we shall refund to you in full all Charges paid by you for that Training Course. Where we are unable to provide the Area Hire on the date you have booked, and we cannot offer you an equivalent space, we will refund you all charges in full paid by you for the Area Hire. We shall not be liable for the costs of any accommodation or transportation, or other costs incurred by you or any Delegate in connection with any cancelled or rescheduled Training Course or change of venue or inability to provide the Area Hire.
7. Joining Instructions and Learning Objectives
7.1 Once we have received a 50% deposit payment and issued acceptance of your booking we will issue complete joining instructions for the Training Course. This includes a learning objectives questionnaire, a location map, venue details and course timings.
7.2 Learning objectives questionnaires have been designed to establish individual training needs. These questionnaires represent an essential part of our course refinement process and enable trainers to understand the individual needs of the delegates. Please ensure they are completed in the requested timescale.
8. Fees and Payment
8.1 Unless otherwise stated all prices are exclusive of VAT which shall be payable in addition to the course fee or area hire fee.
8.2 The price payable for a Training Course or Area Hire is that specified in our price list as updated from time to time. If no price is set out in the price list, then the fee shall be the amount as stipulated by us.
8.3 The Charges are payable in full within 14 days of the date of our invoice or before the date of the Training Course or Area Hire, whichever is the earlier. Bookings are not confirmed until a deposit of 50% of the Charges has been received.
8.4 Payment can be made by cheque payable to Morelli Group Ltd, credit/debit card, PayPal or BACS.
8.5 The Charges shall be paid without any set-off, deduction, counterclaim, and/or other withholding of monies. If you fail to pay the Charges when due, we reserve the right to terminate the Contract and/or your booking for the Training Course or Area Hire and/or charge interest on the amount outstanding at the applicable statutory rate set out under the Late Payment of Commercial Debts (Interest) Act 1998 (as amended from time to time). In any event, Morelli reserve the right to refuse admission if payment has not been received prior to the course commencing or the date on which the Area Hire is to take place.
9. Cancellations and Transfers
9.1 Where you are a consumer you have the right to cancel or to transfer your booking within 14 days of receiving your booking confirmation from us (cancellation period). Where you have given your consent to the Training Course or Area Hire taking place within the cancellation period you will lose your right to cancel once the Training Course or Area Hire takes place.
9.2 If you are not a consumer or where you are a consumer and do not exercise your cancellation rights as set out in clause 9.1 above the following charges apply if you cancel a Training Course:
(i) 29+ days before a course = 20% of the course fee.
(ii) 15-28 days before a course = 50% of the course fee.
(iii) 0-14 days before a course = 100% of the course fee.
9.3 If you want to transfer your Training Course to a different date or course you can do so provided that you:
(i) give us notice at least 28 days prior to the date on which the Training Course is due to take place; and
(ii) confirm your choice of course and transfer date at the time of making the transfer request.
9.4 Any transfers will incur a charge of 20% of the Charges for your original Training Course and the Charges applicable to your new booking will apply even if the transfer reservation is subsequently cancelled.
9.5 If you are not a consumer or where you are a consumer and do not exercise your cancellation rights as set out in clause 9.1 above the following charges apply if you cancel an Area Hire:
(i) 7+ days before the date for which the area has been hired = 100% refund.
(ii) 2-7 days before the date for which the area has been hired = 50% refund
(iii) 0-48 hours before the date for which the area has been hired = no refund.
10. Force Majeure
10.1 We will not be liable to you for any delay or non-performance of our obligations under this Contract from any Force Majeure Event (as defined in clause 10.2 below).
10.2 “Force Majeure Event” means any Act of God, war, insurrection, riot, act or threat of terrorism, strike, lightening, earthquake, fire, flood, storm or extreme weather event, theft, internet failure, denial of service attacks, malicious damage or any event or circumstance to the extent it is beyond the reasonable control of the relevant party.
11. Intellectual Property Rights
11.1 All intellectual property rights in materials provided by us and/or used in a Training Course including, without limitation, slides, hand-outs, training exercises and materials (Materials) shall be owned by us and/or our licensors.
11.2 We grant you a revocable, non-transferable licence to use the Materials for your own personal purposes only.
12.3 You are prohibited from reselling, licensing or otherwise transferring the Materials whether in their original form or altered, adapted, republished or reproduced and whether or not combined with other materials.
11.4 You are no permitted to remove any copyright notice from the Materials.
12. Our Liability
12.1 Where you are acting as a consumer, nothing in these terms and conditions shall exclude or limit your legal rights. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards.
12.2 Save where expressly stated otherwise in writing our Training Courses are not tailored or bespoke for specific individuals or businesses and therefore all warranties for fitness for purpose and all other express and implied warranties and other terms implied by statute or common law are excluded to the fullest extent permitted by law.
12.2 Nothing in these terms and conditions limits or excludes our liability for:
(i) death or personal injury caused by our negligence;
(ii) fraud or fraudulent misrepresentation;
(iii) anything which cannot be limited or excluded by law.
12.3 Our liability to you is limited to the Charges, and such to clause 12.2, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the Contract, for:
(i) loss of profits, sales, business or revenue;
(ii) loss or corruption of data, information or software;
(iii) loss of business opportunity;
(iv) loss of anticipated savings;
(v) loss of goodwill;
(vi) any special, indirect or consequential loss.
13. General
13.1 This Contract and any documents referred to in it constitutes the entire agreement between you and us and supersedes any previous arrangements, understandings or agreements between us, whether written or oral, relating to the subject matter of this Contract.
13.2 If any of the terms of this Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition, clause or provision will to that extent be severed from the remaining terms, conditions, clauses and provisions which will continue to be valid to the fullest extent permitted by law.
13.3 No failure or delay by us of any right or breach of these terms and conditions shall be considered a waiver of any subsequent breach or any other right or remedy.
13.4 We will handle your personal data in accordance with our Privacy Policy.
14. The Laws That Apply to this Contract and Where You Can Bring Legal Proceedings
14.1 These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation of the Contract (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
14.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).