In this document the following words shall have the following meanings:
- ‘NCFED’ shall be used to refer to NCFED Limited trading as The National Centre For Eating Disorders.
- ‘Agreement’ means these Terms and Conditions here below
- ‘Customer’ means the organisation or person who purchases counselling services or professional training from NCFED.
- ‘Contract’ refers to the agreement which exists between NCFED and its Customers and ‘Service’ means any counselling or training which is purchased by a Customer.
- ‘Intellectual Property Rights’ means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable.
- ‘Trainings’ shall mean any one of the professional training courses run by NCFED for Customers.
- ‘Assessment’ refers to a one hour counselling session which is offered by a therapist affiliated to the NCFED
- ‘Recovery workshop’ refers to an event which is led by an NCFED Affiliate counsellor.
These Terms and Conditions shall apply to all contracts for the supply of goods and services by the NCFED to the Customer.
Should you wish to make a complaint about any of the products and services from NCFED , please send this to: Sam Storey – Complaints Manager, National Centre for Eating Disorders Ltd. , 54 New Road, Esher, Surrey KT10 9NU or contact us via firstname.lastname@example.org
4. BOOKING POLICY
Payment for all courses must be received in full prior to commencement, including any instalments agreed under our interest-free payment plan. Your place is secured once full payment has been made.
5. PRICE, PAYMENTS AND REFUNDS
- We are not liable to refund fee differences that may arise due to customers booking at different times, discounts etc.
- Invoiced amounts shall be due and payable as described on the invoice. NCFED is entitled to charge interest on overdue invoices from the date when payment becomes due at the rate of 1% per annum above the base rate of the Bank of England.
- Should a purchase order be required for payment of the invoice, it is the delegate’s responsibility to ensure NCFED have the full details and agreed purchase order before our products or services are supplied.
- Payment must be received in full prior to commencement of training events including any instalments agreed under the NCFED interest-free payment plan. A training place is only secured once full payment has been made.
- In the event that a booking is cancelled, an administration charge will be incurred. This will depend on the notice of cancellation as detailed below:
- Refunds for Assessments where cancellation is 30 days after purchase – no refund.
- Refunds in the event that no suitable counsellor is found within 30 days of purchase only – full refund.
Training & Workshop Refunds
- Cancellations: Refunds are only given for cancellations 21 days prior to the course commencement date, subject to an administration fee of £50.
- If a customer does not turn up to a training without notice or fails to complete the training – no refund.
- A transfer to another course is possible without penalty. Requests for transfers must be made prior to the original training start date. No charge is made in such circumstances. The original fee or any part thereof will be non refundable and its full value will be allocated to other trainings offered by NCFED.
- Cancellations and transfer requests must be made in writing to email@example.com
In special circumstances only, NCFED may waive the cancellation fee but is not obliged to do so.
- For the avoidance of doubt no description, specification or illustration contained in any product pamphlet or other sales or marketing literature of NCFED and no representation written or oral, correspondence or statement shall form part of the contract.
- 2 No use of the NCFED logo is permitted at any time other than with written permission by the Principal of NCFED
- 3 Copyright and intellectual property rights; please see item 17 below.
7. DELIVERY OF SERVICES AND DISCLAIMERS
- All counsellors and other Providers of Services on the NCFED counsellor lists and trainer lists are not employees of the NCFED. Each provided their information to the NCFED and we publish this information in good faith. NCFED is not liable for any errors or omissions in the information which has been given to us.
- Where NCFED training Awards are displayed, these are verifications that the Member has trained and been certified to that level by NCFED. Any information that is displayed and refers to activity and/or qualifications achieved outside of NCFED cannot be verified by NCFED.
- NCFED cannot guarantee the availability of any counsellor on the counsellor lists and will refund the initial fee a customer pays for a counsellor who may have left our lists, or we will attempt to find another suitable counsellor.
- A customer with a complaint against any counsellor on the NCFED counsellor lists should in the first instance notify the professional organisation to which the therapist belongs. In the event of a complaint a customer may also notify NCFED at firstname.lastname@example.org although NCFED has no role in adjudicating such complaint.
- NCFED is not liable for any additional travel and accommodation costs a customer may incur should a training dates or venue be altered in the event of an unforeseen emergency. NCFED will always attempt to give customers adequate notice of changes to a venue or date.
8. CUSTOMER’S OBLIGATIONS
- To enable NCFED to perform its obligations under this Agreement the Customer shall co-operate with NCFED and also provide NCFED with any information reasonably required;
- In the event that the Customer or any third party, not being a sub-contractor of the NCFED shall omit or commit anything which prevents or delays NCFED from undertaking or complying with any of its obligations under this Agreement, then NCFED shall notify the Customer as soon as possible and:
- NCFED shall have no liability in respect of any delay to the completion of any project; if applicable, the timetable for the programme will be modified accordingly;
- NCFED shall notify the Customer at the same time if it intends to make any claim for additional costs.
9 LIMITATION OF LIABILITY
- Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of NCFED to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.
- In no event shall NCFED be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.
- Nothing in these Terms and Conditions shall exclude or limit NCFED’s liability for death or personal injury resulting from NCFED negligence or that of its employees, agents or sub-contractors.10. INTELLECTUAL PROPERTY RIGHTS All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of NCFED, and the Customer shall do all that is reasonable necessary to ensure that such rights vest in NCFED by the execution of appropriate instruments or the making of agreements with third parties.
11. INDEPENDENT CONTRACTORS
- NCFED and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties.
- NCFED may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided to the Customer and such engagement shall not relieve NCFED of its obligations under this Agreement or any applicable Specification Document.
The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of NCFED.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at anytime subsequently to enforce all Terms and Conditions of this Agreement.
Any notice to be given by either party to the other may be served by email, fax. Personal service or by post to the address of the other party as may from time to time be communicated to the other by email, by writing or by telephone, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
15. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
16. NO THIRD PARTIES
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
17. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
18. CONTENT; COPYRIGHT AND TRADEMARK NOTICE
- All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, “Content”), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to NCFED, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws.
- Except as expressly provided in the Terms & Conditions, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without NCFED’s prior express written consent.
- Except as expressly provided herein, customers are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Content, and NCFED reserves all rights not expressly granted hereunder. NCFED expressly disclaims all responsibility and liability for uses by others of any Content obtained on or in connection with the Site.
19. USE OF SITE AND PERSONAL SECURITY
- You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then legal action will be initiated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process.
- You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
NCFED is not responsible for the contents or reliability of any other websites to which we provide a link. We cannot guarantee that these links will work at all times and have no control over the availability of the linked pages.