TERMS AND CONDITIONS

Cutting Edge Psychology Ltd, trading as EC4H — Effective Communication for Healthcare

1. INTRODUCTION

Ec4h.org.uk (“site”) is owned and operated by Cutting Edge Psychology Ltd (also trading as EC4H Effective Communication for Healthcare), a company registered in Scotland under company number SC828991 and with our registered office at C/O Melbarry Accountants Limited, 30/5 Hardengreen Industrial Estate, Dalkeith, Scotland, EH22 3NX, and VAT number is 420260149.

Please read these terms and conditions carefully before placing an order. By purchasing services on our Site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions, please do not purchase services from our Site.

2. CHANGES TO TERMS

We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.

Please check these terms and conditions periodically for changes.

Your continued use of this Site and purchase of services on this Site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.

If the revised terms apply to any existing provision of services, we will notify you of the changes.

3. PRIVACY POLICY AND ACCEPTABLE USE POLICY

Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy ec4h.org.uk/privacy-policy/.

4. AGE RESTRICTION

You shall not purchase any services from our Site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract.

5. ACCEPTANCE OF ORDER

5.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email (Email Confirmation) or when we contact you to tell you that we are able to provide the services or products to you. We are not bound by the order unless we accept it in writing.

5.2 If there is any conflict between these Terms and any term of the order, the order will take priority.

6. ENTIRE AGREEMENT

These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

7. REPRESENTATIONS

7.1 You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.

7.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.

7.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

8. PROVISION OF SERVICES

8.1 We will supply the services to you from the date set out in the order for the period set out in the order.

8.2 We will make every effort to provide the services on time. However, there may be delays due to an Event Outside Our Control. See clause 13 below for our responsibilities when an Event Outside Our Control happens.

8.3 We will need certain information from you that is necessary for us to provide the services, for example, pre-course questionnaires. We will contact you in writing about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may suspend the services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked. If we suspend the services under this clause, you do not have to pay for the services while they are suspended, but this does not affect your obligation to pay any invoices we have already sent you.

8.4 We retain the right to provide substitute facilitators/practitioners and training assistants to those advertised, and to adapt experiential components of training as necessary to the course, its participants, and the available facilitators and assistants.

8.5 We may have to suspend the services if we have to deal with technical problems, or to make improvements agreed between you and us in writing to the services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the services while they are suspended under this clause but this does not affect your obligation to pay for any invoices we have already sent you.

8.6 If you (or your organisation) do not pay us for the services when you are supposed to, we may suspend the services with immediate effect until you have paid us the outstanding amounts (except where you validly dispute an invoice). We will contact you to tell you this. This does not affect our right to charge you interest.

8.7 If we supply a product to you as part of the services (such as an e-book, physical handouts, or any other form of physical or digital content or any other type of product whatsoever), we will own the copyright, design right and all other intellectual property rights in such product and any drafts, drawings or illustrations we make in connection with the product for you.

8.8 See clause 12 below for our Limitations of Liability.

8.9  As part of our services, we may ask you to complete evaluation forms, feedback surveys, or other assessments following your engagement with a course or service (“Evaluations”). By submitting an Evaluation, you agree that we may collect, retain, and use your responses, on an anonymised basis, for purposes including but not limited to: monitoring and improving the quality of our services; internal training and development; research; and promotional or marketing materials (including on our Site, in course materials, and in publications).

Where we use Evaluation content in this way, we will remove or anonymise any information that could reasonably identify you, unless you have separately and expressly agreed that we may attribute a comment or quote to you by name. If you do not wish your Evaluation to be used in this way, please notify us in writing at hello@cuttingedgepsychology.co.uk, and we will exclude your response from any such use.

9. CANCELLATION RIGHTS FOR CONSUMERS

9.1 Where a course place is purchased by an NHS organisation, employer or other organisation on behalf of an employee, the organisation is the contracting customer and the statutory cooling off period for consumers does not apply.

9.2 You have legal rights in relation to services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

9.3 Before we begin to provide the services, you have the following rights to cancel our services:

a) You may cancel any order for services and receive a full refund at any time up to 4 weeks before the scheduled start date of the relevant course or service, by emailing us at hello@cuttingedgepsychology.co.uk. We will confirm your cancellation in writing to you;

b) As a consumer (if you are purchasing the course for yourself) there is a 14-day cooling-off period. In addition to clause 9.3(a), and regardless of how close to the course start date you made your booking, you have the right to cancel your order and receive a full refund within 14 days of the date of our email confirmation of your order (the “cooling-off period”). This cooling-off period applies in full even where your course or service is scheduled to start within 4 weeks of your booking date, and even where it would otherwise fall within the “no refund” period described in clause 9.4 below — the cooling-off period is not cut short or overridden by clause 9.4.

c) If you cancel an Order under clause 9.3(a) or 9.3(b) and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you;

9.4 No refunds within 4 weeks of the course start date (subject to the cooling-off period). Except where the 14-day cooling-off period in clause 9.3(b) applies, you will not be entitled to a refund where you cancel, or notify us that you cannot attend, within 4 weeks of the scheduled start date of the relevant course or service. Where your right to a refund has ended under this clause 9.4, you may instead transfer your place to a colleague at no additional charge, by notifying us in writing before the course start date; we will confirm the transfer and update the booking accordingly. In addition, once a training session or other service has been delivered, you are not entitled to cancel the service or request a refund on the basis of your non-attendance, partial attendance (arriving late or leaving early), or dissatisfaction with the content, format, delivery, learning outcomes or perceived benefit of the services, provided that they have been delivered substantially in accordance with how they were advertised or described. By agreeing to these Terms and placing an order, you expressly acknowledge and agree that, outside the 14-day cooling-off period described in clause 9.3(b), you will not receive a refund for any cancellation made within 4 weeks of the course start date (though you may transfer your place to a colleague instead), and that once the services have been delivered you lose your right to cancel and receive a refund.

10. TERMINATION

10.1 We may terminate the contract for services at any time with immediate effect by giving you written notice if:

a) you do not pay us when you are supposed to. This does not affect our right to charge you interest on late payment; or

b) you break the contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing.

c) Circumstances beyond our control necessitate termination (please see clause 13)

11. PRICE AND PAYMENT

11.1 Prices of the services are specified on our Site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.

11.2 We are required to charge VAT. If there is a change in the rate of VAT between the date of the order and the date of delivery or performance, the rate of VAT that you pay will be adjusted, unless you have already paid full purchase price prior to the change in the rate of VAT takes effect.

11.3 Despite our best efforts, there may be incorrect prices on some of the services. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. We will not be liable to provide the services or products to you at the lower price that was incorrect.

11.4 Payment for services is to be made in advance on the website, as managed by Ticket Tailor, or by invoice, for which a PO is required as proof of expected payment.

11.5 If you (or your organisation) do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 8% plus the Bank of England base rate. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12. LIMITATION OF LIABILITY

12.1 Due to the nature of training and other services we provide (such as coaching, mediation, and psychological consultancy) and the complexities inherent in communication and leadership, we do not guarantee any particular results from using our services or attending our courses, or from using the approaches offered in our courses or other services.

12.2 We are not responsible for any belongings you bring to our courses or other services, and neither we nor any third-party venue will be liable for any loss, damage, theft or destruction of any of such belongings.

12.3 Where services are provided in third party venues, you agree to comply at all times with such venue’s policies and rules in relation to such venue (particularly fire safety and health and safety rules). You acknowledge that you will be required to leave the venue if you do not comply with such policies and rules (and we shall not be obliged to refund you any amounts paid in relation to the services).

12.4 You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred in connection with your participation in our services.

13. CIRCUMSTANCES BEYOND OUR CONTROL

13.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.

13.2 Circumstances Beyond Our Control includes any act or event beyond our reasonable control, including without limitation: insufficient numbers of people signing up to a course to make running that course viable, the training venue becoming unavailable or unusable and no alternative being available, lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.

13.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:

a) you will be notified as soon as reasonably possible; and

b) the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control.

13.4 If Circumstances Beyond Our Control occur and continue for more than [30] days and you do not wish us to provide the services, you may cancel the contract. We may cancel the contract if the Circumstances Beyond Our Control continues for more than [30] days.

14. NOTICE

14.1 Any notice to us should be in writing and sent to us by e-mail to hello@cuttingedgepsychology.co.uk, which is the single point of communication for EC4H and Cutting Edge Psychology Ltd.

14.2 Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the order.

15. MISCELLANEOUS

15.1 We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.

15.2 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.

15.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.

15.4 Each paragraph of these Terms are separate and distinct form other. If any court or relevant authority determines any clauses of these Terms is unlawful, then such determination will not affect other clauses and all other remaining clauses will remain in effect and full force.

15.5 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.

15.6 These Terms and any contract between you and us are governed by the law of Scotland. The courts of Scotland shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or any such contract, save that if you are a consumer resident elsewhere in the United Kingdom, you may also bring proceedings in the courts of the part of the United Kingdom in which you are resident.

16. CONTACT US

16.1 For any questions or queries relating to either EC4H (Effective Communication for Healthcare) or Cutting Edge Psychology Ltd, you can contact us by e-mail at hello@cuttingedgepsychology.co.uk. This is the single point of contact for both trading names.