TERMS and CONDITIONS

Website Terms and Conditions

Welcome to our website.

If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Cath Daley Ltd’s relationship with you in relation to this website and supersede all previous agreements in respect of your use of this website.

We may revise these terms and conditions at any time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website.  Please check this page regularly to ensure you are familiar with the current version.

1) Licence

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.  Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or download and view videos  from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

(a) republish material from this website (including republication on another website);

(b) sell, rent or sub-license material from the website;

(c) show any material from the website in public;

(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e) edit or otherwise modify any material on the website; or

(f) redistribute material from this website except for content specifically and expressly made available for redistribution such as our blog.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation, website or other areas agreed in writing with Cath Daley Ltd.

g)  If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

2)  Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

3)  Restricted access

Access to certain areas of our website is restricted.  We reserve the right to restrict access to  areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.

We may disable your user ID and password in our sole discretion without notice or explanation.

4) User generated content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

5) Disclaimer

a)     Whilst we take all reasonable steps to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the Products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

b)    The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, We provide you with this Website on the basis that We exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

6) Service Access

a)     Whilst we endeavour to ensure that this Website is normally available 24 hours a day, We will not be liable if for any reason this Website is unavailable at any time or for any period.

b)    Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control

7) Links to and from Other Websites

a)     Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

b) If you would like to link to this Website from another website or document , you may only do so with the written consent of Cath Daley Ltd.

8) Liability

a)     We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), Our directors, employees and agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

b)    Nothing in these terms and conditions shall exclude or limit Our liability for (i) fraud; (ii) misrepresentation as to a fundamental matter; or (iii) any liability which cannot be excluded or limited under applicable law.

c)     You agree to indemnify Us fully, defend and hold Us , and Our directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

9) Governing Law and Jurisdiction

a)     These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

b)    We do not warrant that materials / items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

10) Miscellaneous

a)  We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

b) If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

c)  Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

11) Registrations and authorizations

a)     The www.cathdaley.com website is operated and managed by Cath Daley  Limited.

b)    Cath Daley Ltd is a UK company registered in England and Wales

c)    Our company registration number is 06488534

d)    Our VAT registration number is 925 4595 01

12) Our details

Our registered address is

171 Liverpool Road,

Crosby,

Liverpool ,

Merseyside

L23 0QN

Email address : info@cathdaley.com

TERMS AND CONDITIONS FOR TRAINING SERVICES

1. DEFINITIONS

“Agreement” means these terms and conditions and (depending on the type of Training Services) (i) the Booking Form and Cath Daley Ltd’s acceptance of the Booking Form or (ii) the on-line booking or (iii) the Proposal.

“Booking Form” means the booking form issued to the Client by Cath Daley Ltd.

“ On-line booking” means a booking made via the Cath Daley Ltd. website (which is applicable only for open Training workshops).

“Charges” means the charges for the Training Services set out in the Booking Form, On-line Booking or theProposal.

“the Client” means the client identified in the Booking Form, On-line Booking  or the Proposal.

“Clause” means a clause in these terms andconditions.

“the Date(s) for the Training Services” means the date(s) upon which the Training Services are to take place as set out in the Booking Form, On-line Booking  or the Proposal.

“Delegates” means the numbers of the Client’s staff who are to receive the Training Services as set out in the Booking Form, On-line Booking  or the Proposal.

“Expenses” means expenses incurred in respect of travel and accommodation wholly and necessarily for the purposes of the Agreement as may be identified in a Proposal.

“Cath Daley Ltd” means Cath Daley Ltd

“Personal Data” means the data which relates to a living individual who can be identified from that data or from that data and other information and which is provided to Cath Daley Ltd. by the Client.

“Proposal” means the proposal for Training Services accompanying these terms and conditions (which is applicable only for bespoke

Training Services).

“the Trainer” means the person delivering the Training Services.

“the Training Location” means the place at which the Training Services are to be provided by Cath Daley Ltd.as set out in the Booking Form, On-line Booking or the Proposal.

“Training Services” means the training services set out in the Booking Form, On-line Booking  or the Proposal.

2. TRAINING SERVICES AND LOCATION

2.1 Cath Daley Ltd shall provide the Training Services on the Date(s) for the Training Services and in accordance with these terms and conditions.

2.2 Up until 72 hours before the Training Services are due to commence Cath Daley Ltd. may by notice in writing alter the Training Location provided that the new location is within 5 miles of the original location.

3. TRANSFERS, CANCELLATION AND

POSTPONEMENT

3.1 If a Delegate identified in a Booking Form, On-line Booking or a Proposal wishes to cancel or transfer to another course, the following fees shall be due:

Days notice of cancellation / transfer prior to the commencement of the Training Service                         % of Charges to pay

42 working days plus     25%

31-21 working days        50%

21-14 working days        75%

14 working days or less 100%

3.2 A substitute delegate may be provided at no cost.

3.3 Notification of any cancellation or transfer must be made in writing to Cath Daley at Cath Daley Ltd., 171 Liverpool Road, Crosby, Liverpool L23 0QN

4. DELEGATES

Delegates shall act reasonably throughout the training. Cath Daley Ltd.may remove a Delegate from a course, where, in the opinion of the Trainer, which shall be final, the Delegate is behaving unreasonably.

5. CHARGES AND PAYMENT

5.1 The Charges for Training Services which are subject to a Booking Form shall be due upon booking and shall be paid within 7 days of the

date of Cath Daley Ltd’s invoice.

5.2 The Charges for Training Services which are subject to On-line Booking shall be due upon booking

5.2 The Charges for the Training Services which are subject to a Proposal and related Expenses shall be due for 50% payment at time of booking and shall be paid within 7 days of the date of Cath Daley Ltd’s invoice. The outstanding balance shall be paid no less than 21 days before commencement of the Training Services.

5.3 The Client shall pay the Charges without deduction or set-off.

5.4 Sums due under this Agreement are exclusive of VAT which shall be payable by the Client.

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