These Terms (together with the documents referred to within) are the terms on which Capital People (“We”, “Us” and “Our”) supply the Course to You and the terms on which You may make use of the Course Materials provided by Us to You as part of the Course.
Please read these Terms carefully before You book the Course with Us and check that all details on the Booking Form are complete and accurate before You submit the Booking Form.
When the following words with capital letters are used in these Terms, this is what they will mean:
Booking
means your booking for the Course as set out in the booking form
Booking Confirmation
has the meaning set out in clause 2.3
Booking Form
means the booking form submitted by You to Us
Commencement Date
means the date of commencement of the Course as specified by Us to You
Capital People
Capital People is the trading name of Capital People Consultants Limited, registered in England and Wales under company number 04096994, registered office and trading address at Capital Building, Tyndall Street, Cardiff, CF10 4AZ
Consumer
means an individual and not a business
Content
means the written content made available to Delegates
Course
means the training course to be provided by Capital People to the Delegate(s) details of which are set out in the Booking Confirmation
Course Materials
means the course materials, operating manuals and other documentation and Content made available by Us to You to be used in connection with the Course
Delegate(s)
means the delegate(s) of the Course as authorised by, and registered with, Us in accordance with these Terms
IPR
means all rights to inventions, copyright and related rights, moral rights, trademarks and service marks, trade names, rights to goodwill or to sue for passing off or unfair competition, database rights, rights in confidential information (including know-how and trade secrets), 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
Privacy Policy
means Our privacy policy available from Us on request or available from Our website
Venue
means the venue at which the Course is provided as set out in the Booking Confirmation
You and Your
means either (i) the business booking the Course for a Delegate or (ii) the Delegate, whichever the case may be
2.1 When a completed Booking Form is received by Us from You with your payment details, the requested number of spaces will be reserved for Delegates on the Course. The aggregate Course fees shall be set out on the Booking Form and confirmed by Us prior to acceptance of Your Booking.
2.2 When You submit your Booking Form, this does not mean that We have accepted your booking for the Course. Our acceptance of the Booking will take place as described in clause 2.3. If We are unable to supply you with the Course, We will inform you of this in writing and We will not process the Booking Form.
2.3 These Terms will become binding on You and Us when We issue you with a written acceptance of the Booking (“Booking Confirmation”), at which point a contract will come into existence between You and Us.
2.4 By submitting the Booking Form to Us, You agree that You accept these Terms and that You shall abide by them. If You are a business booking for Delegates to attend the Course, You procure that you shall ensure that the Delegate shall abide by these Terms.
2.5 Failure by You to provide payment details may result in the rejection of the Booking. We reserve the right to reject any Booking for the Course prior to acceptance for any reason whatsoever and shall not be required to disclosure the reasons for rejecting the Booking.
2.6 Payments of the Course fees must be made by credit or debit card in advance of the Commencement Date, unless You wish to pay on receipt of an invoice, this will be raised in advance of the Commencement Date. You will be required to make payment by credit or debit card for any bookings received less than fourteen (14) days before the Commencement Date.
2.7 You are responsible for the full payment of the Course fees until such time as funding has been received from the Welsh Government (if funding is applicable). The Course fees exclude VAT unless expressly stated otherwise. If the rate of VAT changes between the date of the Booking and the Commencement Date, We will adjust the rate of VAT that you pay, unless you have already paid the Course fees plus VAT in full before the change in the rate of VAT takes effect.
Subject to clause 2.6, Our payment terms are strictly fourteen (14) days from date of invoice unless stated otherwise by Us on the invoice. If you do not make any payment due to Us by the due date for payment, We may charge interest on the outstanding sum(s) at 8% per annum from the date of the invoice(s). If we take court proceedings against you because you do not pay our invoices, we will also seek payment of the costs we incur in those proceedings.
3.1 Except for Consumer Bookings made pursuant to clause 3.2, to cancel the Booking You must give Us notice in writing, by email, post or fax prior to the Commencement Date and for cancellations:
3.1.1 giving more than four (4) weeks’ notice prior to the Commencement Date, no charge will apply and You shall receive a full refund for payments made by You to Us (if any);
3.1.2 giving not less than two (2) weeks and not more than four (4) weeks’ notice prior to the Commencement Date, will result in a administration charge equal to fifty per cent (50%) of the aggregate Course fees payable by You to Us. The administration charge shall be invoiced by Us following receipt of the cancellation notice from You. We reserve the right to deduct the administration charge from any payments received by Us from You and we shall account to You for the remaining balance; or
3.1.3 giving less than two (2) weeks’ notice prior to the Commencement date of the course will not attract a refund and we shall be entitled to retain all payments of Course fees made by You.
3.2 Bookings made and paid for by Consumers may be cancelled by giving Us notice in writing by email, post or fax at any time prior to the Commencement Date and You would be entitled to a full refund in respect of any payments made to Us.
3.3 We reserve the right to cancel a Course if there is insufficient Delegate numbers to ensure a high quality training event or if the trainer is ill.
3.4 In the event where We may have to cancel a course, we:
3.4.1 wherever possible, will contact you in advance to tell you that We will be cancelling a Course, unless an emergency requires us to cancel the Course on the day of the Course;
3.4.2 We will offer the You and/or the Delegate(s) a place on the next available Course. Alternatively, You may ask for a refund which we will pay to you in full.
4.1 Transfer to another Course can be made subject to the following conditions:
4.1.1 only one transfer is allowed per Delegate;
4.1.2 the transfer request must be sent in writing by email, post or fax prior to the Commencement Date;
4.1.3 payment is made to Us for the original Course, upon receiving payment We will provide a free space for each transferred Delegate on the next available Course unless agreed otherwise with You; and
4.1.4 once Candidates have been registered for exams (if any), a substitute Delegate will not be permitted.
5.1 We shall supply the Course to you on the dates and at the Venue set out in the Booking Confirmation. Where You are to provide the Venue, You shall be responsible (at Your cost) for preparing and maintaining the relevant Venue for the Course and shall provide Us, our agents, subcontractors, consultants and employees such access to the Venue as We may require, in a timely manner and at no charge, for the purposes of providing the Course.
5.2 We shall supply the Course using reasonable care and skill.
We use every effort to complete the Course on time. However, there may be delays due a Force Majeure Event.
See clause 11.1 for Our responsibilities when a Force Majeure Event happens.
5.3 We will need certain information from You that is necessary for Us to provide the Course, for example, the complete name(s) of Delegates. We will contact You about this. If You do not, after being asked by Us, provide Us with the information, or You provide Us with incomplete or incorrect information, We will not be liable for any non-performance or delay where You have not provided this information to Us after We have asked.
5.4 We reserve the right to remove any Delegates from the Course who arrive late or are absent if We feel, in our sole opinion, that they will have insufficient knowledge to complete and pass successfully within the Course time remaining.
5.5 Where a Delegate’s demeanour and or general behaviour affects other Delegates or results in the disruption of the Course, that Delegate may be removed from the Course.
5.6 If We are required to take action against Delegates under clause 5.5 and 5.6, the full Course fees remain payable if You are a business.
5.7 For reasons beyond our control, We reserve the right to alter the Course cost, content, lectures, times, date(s) and Venue of the Course prior to the Commencement Date.
6.1 If you have any concerns about service, you should initially raise them with the people who have provided the service. Alternatively, you can contact Rachel Forsey, our Head of Client Care, by email to r.forsey@capital-people.co.uk. They will investigate and try to resolve the issue to everyone’s satisfaction.
6.2 If that fails, or you would like to make a formal complaint, contact Elin Pinnell (our Managing Director) by e-mail at complaints@capital-people.co.uk or by post to our Cardiff office. Our Complaints Policy can be found on our website.
7.1 As between You and Us, all IPR and all other rights in the Course Materials shall be owned by Us or Our licensor. Subject to clause 8.2., We licence all such rights to You free of charge and on a non-exclusive, worldwide basis to such extent as is necessary to enable You to make reasonable use of the Course Materials for the purposes of completing the Course.
7.2 We acknowledges that, where We do not own any of the Course Materials, Your use of rights in Course Materials is conditional on Us obtaining a licence from the relevant licensor or licensors on such terms as will entitle Us to license such rights to You.
8.1 This clause 8 only applies if you are a business.
8.2 We only supply the Course and Course Materials for domestic and private use. You agree not to use the Course or the Course Materials for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.3 We shall under no circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Booking.
8.4 Our total liability to You in respect of all other losses arising under or in connection with the Booking, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the aggregate Course fees paid by You to Us.
9.1 This clause 9 only applies if you are a Consumer.
9.2 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by You and Us at the time We accepted Your booking.
9.3 We only supply the Course and Course Materials for domestic and private use. You agree not to use the Course or the Course Materials for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.4 We do not exclude or limit in any way Our liability for:
9.4.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; or
9.4.2 fraud or fraudulent misrepresentation.
10.1 By booking the Course with Us You consent that We may:
10.1.1 process Your personal data (including sensitive personal data) that We collect from You in accordance with Our Privacy Policy;
10.1.2 inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us; and
10.1.3 in the event that the Course is subject to external examination, be granted access to review and retain the Course assessment results and (if required) be granted access to Your electronic outlook calendar for the purposes of scheduling appointment and assessment dates relating to the Course. For the avoidance of doubt, We shall not be responsible for scheduling appointment and assessment dates relating to the Course.
11.1 Force majeure
11.1.1 For the purposes of these Terms, Force Majeure Event means an event beyond Our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving Our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Our suppliers or subcontractors.
11.1.2 We shall not be liable to You as a result of any delay or failure to perform Our obligations under these Terms as a result of a Force Majeure Event.
If the Force Majeure Event prevents Us from providing any of the Course for more than three (3) weeks, We shall, without limiting Our other rights or remedies, have the right to terminate the Course immediately by giving written notice to You.
11.1.3 Severance.
(a) If any part of these Terms is unenforceable (including any provision in which We exclude our liability to You) the relevant part shall be considered to be severable and the enforceability of any other part of these Terms will not be affected.
(b) In the event that any of the Terms shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining Terms, which shall continue to be valid to the fullest extent permitted by law. You acknowledge and agree to be bound by the terms of Our Privacy Policy.
11.1.4 Assignment and other dealings. We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
11.1.5 Third Party Rights. Except for Our affiliates, directors, employees or representatives, a person who is not a party to these Terms has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
11.1.6 Breach. If We choose to ignore a breach of any of these Terms on one (1) occasion, We may still take issue with You if You breach the same or any other Term after that breach.
11.1.7 Entire Agreement. These Terms, together with Our Privacy Policy, set out the whole of Our agreement relating to the supply of the Course to You by Us. Nothing said by any person on Our behalf should be understood as a variation of these Terms or as an authorised representation about the nature or quality of the Course offered by Us. Save for fraud or fraudulent misrepresentation, We shall have no liability for any such representation being untrue or misleading. Governing Law and Jurisdiction. These Terms shall be governed by and interpreted in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to resolve any disputes between Us.