Affinity Seminars – Terms & Conditions
"Company" shall mean the employer of the delegate or the company entering into this agreement for training.
"Course" shall mean any course of training arranged by Affinity.
"Delegate" shall mean any person accepted on a course.
"Investment" shall mean the consideration payable for any course and is subject to the addition of VAT at the prevailing rate. A course will have commenced when the first scheduled session is conducted.
2. Terms of Payment
An invoice will accompany confirmation by Affinity of registration.
The fees must be paid prior to the commencement of the course unless otherwise agreed in writing by an officer of Affinity. A delegate may lose a place on the course if payment has not been made.
3. Cancellation or alternatives
Should Affinity find it necessary to cancel or reschedule any course, the company / delegate will be offered an alternative course or a full refund of fees. Affinity reserves the right to provide an alternative venue and presenter or instructor to those published. Delegates may be substituted without penalty provided written notice is received prior to commencement of the course.
4. Cancellation / Reschedule fees
Should a delegate or company cancel or reschedule, Affinity reserves the right to charge a fee on the following basis:
More than 30 working days before the commencement of the course, 10% of the fees.
Between 30 and 21 working days before commencement of the course, 30% of the fees.
Between 20 and 11 working days before commencement of the course, 50% of the fees.
Within 10 working days of the course, 100% of the fees.
5. Consequential loss
Affinity does not accept responsibility for any claims for consequential loss suffered by the delegate and/or the company following the cancellation or postponement of a course. The liability of Affinity for the cancellation or postponement of any course shall be limited to the course fees.
Affinity reserves proprietary rights on all course notes and material provided for a company or delegate and no part of any course notes or material may be reproduced or transmitted in any form or by any means electronic mechanical photocopying recording or otherwise or stored in any retrieval system of any nature without the written permission of Affinity.
8. Acceptance of terms
No variation can be made to these terms without written consent of an officer of Affinity. These terms of business are deemed to be accepted by the company by virtue of the completion of the payment for a Seminar or Training Course.
9. Warranties and Liabilities
Affinity warrants that the courses will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with generally accepted industry standards and within the times referred to in the registration form.
10. Warranties and Liabilities
Except for the express limited warranties set out above, Affinity makes no warranty of any kind with respect to the courses and hereby expressly excludes all other warranties, conditions, all other terms or guarantees, written or oral, express or implied, statutory or otherwise including without limitation, any implied warranties, conditions, all other terms or warranty of merchantability, satisfactory quality or fitness for a particular purpose of the course or course material. Affinity shall have no liability to the company for any loss, damage, costs, expenses or other claims for compensation arising from any course material or instructions supplied by the Company which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Company. Except in respect of death or personal injury caused by Affinity's negligence, or as expressly provided in these Conditions, Affinity shall not be liable to the Company or the delegate by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Affinity, its servants or agents or otherwise) which arise out of or in connection with the provision of the course (including any delay in providing or failure to provide the course or their use by the Company and the entire liability of Affinity under or in connection with the Contract shall not exceed the amount of the charges for the provision of the course, except as expressly provided above. Affinity shall not be liable to the Company or be deemed to be in breach of the Contract by reason of any delay in performing or any failure to perform, any of Affinity's obligations in relation to the course, if the delay or failure was due to any cause beyond Affinity's reasonable control.
Either party may terminate (without limiting any other remedy) at any time by giving written notice to the other if the other commits any breach of these conditions and (if capable of remedy) fails to remedy the breach within 30 days after being required by written notice to do so, or if the other goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.
12. Applicable Law
English Law shall apply to the Contract and the parties agree to submit to the exclusive jurisdiction of the English courts.
These conditions constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
Affinity and the Company shall, at all times, in the performance of the Contract, conform with all applicable statutory and regulatory requirements including but not limited to the Data Protection Acts 1984 and 1998 and any statutory amendment or re-enactment of them. Affinity shall be entitled to assign or transfer the Contract and/or any rights hereunder at any time. The Company may not assign or transfer the Contract and/or any rights hereunder without Affinity's written consent and any attempt to do so without such consent shall be void. A notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision. If any provision of these conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected. This Contract is made solely for the benefit of Affinity and the Company and their respective successors and permitted assigns. No other person shall acquire or have any right under or by virtue of this Contract, whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise.