Terms of Service
By using our service, you agree that you have read, understand and agree to these terms. You also agree to review our terms and conditions periodically to be aware of any modifications that we may make from time to time. Your continued use of this site will be deemed your conclusive acceptance of any modified terms and conditions.
Your attention is particularly drawn to the provisions of clause 10 (Limitation of liability).
Please note that our courses (whether e-learning, classroom based or webinar) are designed to be used only by appropriate health care professionals. We do not offer courses designed to be used by the general public. A little knowledge in the wrong hands can be dangerous.
1. About us
Company details. NES Hand Therapy Training LLP (company number OC417514) (we and us) is a limited liability partnership registered in England and Wales and our registered office is at Brookleigh, Milley Road, Waltham St Lawrence RG10 0JR.
2. Our contract with you
2.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
3. Placing an order and its acceptance
3.1 Placing your order. Please follow the onscreen prompts to place an order. You may only submit an order using the method set out on the site. Each order is an offer by you to buy an on-line educational course, a classroom based course or the participation in a webinar (Services) subject to these Terms.
3.3 Acknowledging receipt of your order. After you place your order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.
3.4 Accepting your order. Our acceptance of your order takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation. You will then be given a code and will be able to use this code to access the course.
3.5 If we cannot accept your order. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you the full amount.
3.6 Time limited courses. If access to the e-learning course is time limited then if you fail to complete the course in the time available will not be eligible for a refund.
3.7 Cancellation. In certain circumstances you may be able to cancel your order. In respect of an order for a classroom course you may cancel your order by giving us written notice to that effect that we receive not less than 3 weeks prior to the date that the course is scheduled to commence. In relation to an e-learning course or webinar you may cancel your order at any time prior to the Order Confirmation being sent by us. Upon proper cancellation we will refund to you any fees paid by you (subject to deduction of any administration expenses).
4. Our services
Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
5. Your obligations
5.1 The use of any training material on our course and access to the course itself is restricted only to the person who we have supplied the log in details to for the authorised course. That user shall not copy, share, modify, transmit, distribute, or in any way, exploit the materials or share the course with any third party and shall use the course solely for their own individual training. Use for any other purpose is expressly prohibited.
5.2 It is your responsibility to ensure that:
(a) you comply with all applicable laws, including health and safety laws;
(b) the person or persons who participate in the course or webinar are health care professionals and able to properly understand and safely implement and techniques and advice given in the course. It is your responsibility to use any information gained from using our Services strictly within the bounds of your own profession and within the rules of Professional Conduct governing your profession and in accordance with all laws;
(c) you have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of our web site and the courses that we offer.
5.3 Services in UK only
You may place an order for the Services from an address outside the UK, but the Services are delivered in accordance with the laws of England and Wales.
5.4 By accepting these Terms you hereby indemnify us and hold us harmless from and against all claims, liabilities, costs and damages incurred by us whatsoever arising out of a breach by you of any of your responsibilities set out in these Terms.
6.1 In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 6.
6.2 The Charges are the prices quoted on our site at the time you submit your order.
6.3 If you have ordered and we have agreed to supply a bespoke course for you then the Charges will be as agreed between us and you.
6.4 Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services, you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
7. How to pay
7.1 Payment for the Services is in advance. You can pay for the Services using PayPal, by cheque or by direct bank transfer.
7.2 We will send you an electronic invoice within seven days of acceptance of your order.
7.3 If you fail to make a payment under the Contract by the due date, then, without limiting our remedies you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 7.3 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
8. Intellectual property rights
8.1 All intellectual property rights (for example copyright in course materials, videos, manual, photographs etc) in or arising out of or in connection with the Services will be owned by us.
9. How we may use your personal information
9.1 We will use any personal information you provide to us to:
(a) provide the Services;
(b) process your payment for the Services;
(c) notify BAHT, when appropriate, that you have attended a BAHT Validated course and the results of your examination; and
(d) inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
10. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
10.1 Nothing in the Contract limits or excludes our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
10.2 Subject to clause 10.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of or damage to goodwill; and
(e) any indirect or consequential loss.
10.3 Subject to clause 10.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total Charges paid under the Contract.
10.4 Subject to clause 10.1, by placing an order for the Services and entering into a Contract you accept that the e-learning and classroom courses and webinars are designed to be used only by health care professionals and we can therefore accept no liability for any claim or losses arising out of the use of our courses by non-trained or non-healthcare professional persons. It is your responsibility to use any content or learning that we provide you with in accordance with your own Professional Code of Conduct and professional standards.
10.5 The web site is provided on an “as is, as available” basis without warranty of any kind, expressed, implied or statutory. We do not warrant any particular result from use of our courses, software or web site.
10.6 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, including without limitation the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
10.7 This clause 10 will survive termination of the Contract.
11. Events outside our control
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control for example, but without limitation, any interruption of the world wide web; the fact that the hardware or software that you use may be incompatible with our web site; acts of God; power outages or acts of computer hackers (Event Outside Our Control).
11.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
11.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us in writing. You will need to provide satisfactory evidence to us that you have been unable to access the Services as the result of an Event Outside Our Control. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.
12. Data Protection & Privacy
12.1 We may send out newsletters which contain news of services, competitions or items of interest to our clients. We may send these by post or by e-mail. Your details will only ever be used by us. We will always treat your personal details with the utmost care and will never exchange, sell or disclose your details to any other third party.
13.1 Assignment and transfer.
We may assign or transfer our rights and obligations under the Contract to another entity which means (amongst other things) that we can subcontract the preparation and/or delivery of a course to a third party.
13.2 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
13.3 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.4 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
13.5.1 When we refer to “in writing” in these Terms, this includes email.
13.5.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
13.5.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission.
13.5.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
13.5.5 Unless you notify us in writing your address and email address for service will be those details that you gave to us when you placed your order.
13.5.6 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
13.6 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.