Standard Consumer eCommerce Terms and Conditions for the Purchase and Sale of Services
1. Definitions and Interpretation
1.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
"Contract” means the Agreement for the purchase and sale of Services, as explained in Clause 2;
“Delegate” means the person attending the course;
"Price" means the price payable for Services;
"Services" refers to any service which we may supply and which you may request via our Website;
“You/Your/Yours” means you, the person accessing this Website and ordering any Services from the Website;
"We/Us/Our" means The Human Diver Ltd, a company registered in England and Wales under company number 12016784 whose registered office is at 4 Snell Ave, Malmesbury, Wilts, SN16 9FX, United Kingdom.
“Website” means our Websites https://www.thehumandiver.com on which we offer our Goods or Services.
1.2. Each reference in this Contract to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.
2. The Contract
2.1. These terms and conditions should be read and accepted by you prior to your purchase. You accept that by purchasing any of our Services, you agree to be bound by these terms and conditions.
2.2. When ordering from this Website you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
2.3. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide is from your own credit or debit card and that you have sufficient funds to make the payment.
2.4. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
2.5. A contract between us will not be formed until we send you confirmation by e-mail your payment has been accepted and a place reserved for you on your chosen course.
2.6. This Contract will begin on the date of confirmation of acceptance on the course (Commencement Date) and will be considered to be completed upon receipt of full Payment from You and delivery of the services by Us.
2.7. The Parties agree to do everything necessary to ensure that the terms of this Contract take effect.
2.8. Any amendment or modification of this Contract or additional obligation assumed by either Party in connection with this Contract will only be binding if evidenced in writing, signed by each Party or an authorised representative of each Party.
3. Description of Services
3.1. Services are as described on Our Website.
4. Price and Payment
4.1. Prices and payment plans are as described on Our Website.
4.2. If there is less than 8 weeks until the course start date the only payment option available at the time of booking will be payment in full.
4.3. If you have opted to use one of Our payment plans We will automatically request payments from the card details You have provided on the dates agreed. Should any of these requests be refused we will exercise our right to cancel as per clause 7.8 and Your place on the course will be forfeit.
4.4. All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. We also reserve the right to alter the Services available for sale on the Website and to discontinue any service.
4.5. To ensure that shopping online is secure, your debit/credit card details will be encrypted by our third-party payment handler to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also do security checks to confirm it is you making the order.
4.6. Any discounts offered by Us to You for the provision of services are offered against published price lists or standard rates in force at the date of quote, and such discounts or offers are unable to be used in conjunction with any other offers available at that time.
5. Alterations / cancellations of Courses
5.1. It may be necessary for Us to change the content and timing of a course, the trainer, the date or the venue. In the unlikely event of the course being cancelled by Us, a full refund will be made unless You transfer Your booking to an alternative date/venue for the course. For all bookings, Our liability shall be limited to the amount of the fee actually paid to Us by the You. For this reason, You are encouraged to not to book travel or accommodation more than two weeks prior to any course date.
5.2. In the unlikely event of a replacement course being cancelled by Us, a full refund will be made.
6.1. Delegate substitution may be made at any time. We must be notified, as soon as possible, in writing of the change of delegate and provide with the new delegates full contact details.
7.1. You have a statutory right to cancel this contract within 14 days without giving any reason.
7.2. This statutory right does not apply if you have booked a Course date that is within 14 days of the Commencement date.
7.3. The cancellation period will expire 14 days from the day of conclusion of the Contract (the Commencement Date).
7.4. We will extend your right to cancel up to the date of the course, however any cancellation made after statutory cancellation period and less than 8 weeks before the course date will be subject to a cancellation fee of 10% of the total course fee and will be deducted from any refund of payments made to which you are entitled. All refunds are made back to original card the payment was taken from.
7.5. To exercise this right to cancel you must inform Us, The Human Diver Ltd, of your decision to cancel by a clear statement (e.g. a letter sent by post or email). You may use the attached model cancellation form, but it is not obligatory.
7.6. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
7.7. We reserve the right to terminate the Contract with immediate effect in the event of any of the following:
7.7.1. that You become bankrupt or enter into some form of insolvency arrangement.
7.7.2. that You (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.
7.8. In the event that either Party breaches a material provision under this Contract, the non-defaulting Party may terminate this Contract immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
7.9. All notices of termination of the Contract should be submitted to the other Party in Writing.
8. Events Outside of Our Control (Force Majeure)
8.1. We shall not be liable for any delay or failure to perform any of Our obligations if the delay or failure results from events or circumstances outside Our reasonable control. These include, but are not limited to, acts of God, power failure, internet service provider failure, industrial action, war, fire, explosion, acts of terrorism, governmental action, epidemic or other natural disaster, or any other event that is beyond Our control, and We shall be entitled to a reasonable extension of Our obligations. If the delay persists for such time as We consider unreasonable, We may, without liability on Our part, terminate the contract.
8.2. If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 6.1 or 6.3 above.
9. Limitation of Liability
9.1. Great care has been taken to ensure that the information available on this Website is correct and error free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
9.2. We disclaim any and all liability to you for the supply of the Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
9.3. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
9.4. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
10. Communication and Contact Details
10.1. If you wish to contact Us with questions or complaints, you may contact Us by telephone at +44 7966 483832 or by email at [email protected] or in writing to our trading address; 4 Snell Avenue, Malmesbury, Wilts, SN16 9FX.
11. Intellectual property rights (including copyright)
11.1. All materials (“The Human Diver Materials”) provided for in The Human Diver Ltd Courses including graphics, code, text products, software, audio, music and design are owned byThe Human Diver Ltd. No content in whole or in part of theThe Human Diver Ltd Materials may be copied, reproduced, uploaded, posted, displayed, linked to or used in any way without the prior written permission of The Human Diver Ltd. Any such use is strictly prohibited and will constitute an infringement of the copyright and other intellectual property rights ofThe Human Diver Ltd, or in the case of material licensed toThe Human Diver Ltd, the owner of such materials.
12. Data Protection
12.1. All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
12.2. We may use your personal information to:
12.2.1. Provide goods and services to you;
12.2.2. Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
12.2.3. In certain circumstances, and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
12.2.4. We will not pass on your personal information to any other third parties without first obtaining your express permission.
12.3. Neither party shall without the written consent of the other (the giving of which consent shall be at the sole discretion of that party) advertise, publicly announce or provide to any other person information relating to the existence or details of the Contract or use the other party’s name in any format for any promotion, publicity, marketing or advertising purpose.
13. Other Important Terms
13.1. In the event that any of the provisions of the Contract are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Contract.
13.2. The Contract between You and Us for the sale Services shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by You, without Our prior written consent.
13.3. No failure or delay by Us in exercising any of Our rights under this Contract means that We have waived that right, and no waiver by Us of a breach of any provision this Contract means that We will waive any subsequent breach of the same or any other provision.
14. Governing Law and Jurisdiction
14.1. This Contract shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.