Terms and Conditions
Please read these terms and conditions
carefully. They contain important information about your rights and
obligations. You can print out these terms and conditions by clicking on the
print icon on your browser.
General
Introduction
1
Please read these terms and conditions
carefully before using the website operated by Auridian Consulting Limited
(‘Auridian,’ ‘our’, ‘we’ or ‘us’) (Company Number 3010447, VAT number
653391725). In particular, we draw your attention to the Liability section. By
clicking on the ‘ Accept’ button at the bottom of these terms and conditions on
this site (‘our website’) you agree to be legally bound by these terms and
conditions as they may be modified and posted on our website from time to time.
2
Without prejudice to the above, by using or
accessing our website you agree to be legally bound by these terms and
conditions of use as they apply to your use of or access to our website.
3
If you do not wish to be bound by these terms
and conditions then you may not use our website.
Nature of our website
4
Our website is a place for you to select and
order various courses, books and content in both physical and electronic
formats (the ‘Products’), which can be accessed via our site. Our website
describes the Products in more detail.
5
Please note that our website is available only
to individuals that can form legally binding contracts under applicable law.
Although the contents of our website are aimed at users aged 18 and above, you
must be over 18 years to purchase the Products, using the payment method
displayed on our website. If you do not qualify, leave our website now.
Buying products on our
website
6
To
order a product you will need to follow the ordering procedures set out in our
online shop. Details of our prices for the Products, and the procedures for
payment and delivery are displayed on our website.
7
Any
times or dates stated on our website for delivery are estimates only. Auridian
will make all reasonable effort to deliver goods within the time specified, but
does not accept liability for any failure to deliver within that time.
8
On
submitting an order, we will send you an order confirmation email. Once you
have replied to this we will issue you with an invoice and you have the option
to pay by credit card, cheque or bank transfer. The price of any Product is the
price in force at the date and time of your order. We may change the price of
any Product before you place an order. We try to ensure that our prices
displayed on our website are accurate but the price on your order will need to
be validated by us as part of the acceptance procedure (see clause 12 below).
We will inform you if a Product’s correct price is higher than that stated in
your order and you may cancel the order and decide whether or not to order the product
at the correct price. The prices are exclusive of delivery costs and applicable
taxes.
9
Should
you pay by credit card, you will be issued with an electronic invoice. Auridian
does not store any card details as a third party payment service provider processes
all payments.
10 Whilst the website currently offers
alternative payment options, Auridian reserves the right to demand payment
through a specific payment channel as a condition of doing business.
11
Orders placed that do not involve electronic payment at the
time of ordering will be issued with an invoice subsequent to the order.
12
Auridian is entitled to refuse any order placed by you. If you
have paid by credit card, we will refund you the payment if for whatever reason
we do not wish to accept your order. We do not need to give a reason for order
refusal.
13
Orders will be fulfilled by the date set out in the Invoice
or, if the Invoice does not contain such a date, within 30 days.
14 If relevant, if the Product you
order is unavailable, we will notify you. We do not supply a substitute of an
equivalent quality and price (‘Substitute Product’) without your prior
consent.
15
You undertake that all details you provide to us for the
purpose of purchasing goods or services which may be offered by us on our
website will be correct.
Modifications to website
16 We reserve the right to make changes
or corrections, alter, suspend or discontinue any aspect of our website or the
content or services available through it, including your access to it. Unless
explicitly stated to the contrary, any new features including new content, the
sale of new Products and/or the release of new software tools or resources
shall be subject to these terms and conditions.
17 Please note that although we try to
ensure that the content of our website is accurate, it may contain
typographical errors or other inaccuracies.
Information you provide to
us
18 The following applies to any
information you provide to us, for example during any registration or ordering
process:
18.1
You
authorise us to use, store or otherwise process any personal information which
relates to and identifies you, including but not limited to your name and
address, to the extent reasonably necessary to provide the services which are
available through our website by us, our partners, successors (including the
purchaser of the whole or part of our business), associates, sub-contractors or
other third parties (together our ‘Partner Companies’). These Partner Companies
may be located in countries outside the EEA that do not have laws to protect
your information. Details of the companies and countries involved in your case
will be provided on request. If you would like to request such information or
review or modify any part of your personal information then you should e-mail
us at [info@auridian.com].
18.2 If you obtain or choose to buy
Products through our website then we may collect information about your buying
behaviour and if you send us personal correspondence such as e-mails or letters
or post reviews or other messages on the bulletin boards or in the chat areas
if any are set up in due course on the Site then we may collect this
information into a file specific to you (together, the various purposes set out
in this paragraph and in our privacy policy shall be known as ‘the Purposes’).
All such information collected by us shall be referred to in these terms and
conditions as ‘Personal Information’.
18.3 You must ensure that the Personal
Information you provide is accurate and complete and that all ordering or
registration details (where applicable) contain your correct name, address and
other requested details.
19
By accepting
these terms and conditions, you agree to the processing and disclosure of the
Personal Information for the Purposes. If you would like to review or modify
any part of your Personal Information then you should e-mail us at
[info@auridian.com].
20 Our web site uses cookies for the duration of
your visit to our site. This is often referred to as a session-only cookie. A
cookie is a small file that is placed on the users computer. In the case of
session-only cookies it is deleted at the end of your visit. The reason for the
use of cookies is to keep track of the contents of your shopping basket as you
move between products and in general to measure the popularity of our web
pages. The cookie is deleted at the end of the session.
Applicability of online
materials
21 Unless otherwise specified all
content and materials published on our website are presented solely for your
own use and must not be resold.
22 Our website is controlled and
operated by us from our offices in England. Where content published on the
website is supplied by third parties, you understand that we do not control or
endorse such content in any way. All content which is offered by third parties
that are not affiliated with or otherwise connected with us, is published in
good faith but we do not (to the extent permitted by applicable law) accept
responsibility for the accuracy or otherwise of such content (whether published
on or offline) and the use of such content, except for content which relates
directly to Products you purchase.
23 We have used
our reasonable endeavours to ensure that our website complies with UK laws.
However, we make no representations that the materials on our website are
appropriate or available for use in locations outside the UK. Those who visit
our website from other locations do so on their own initiative and are
responsible for compliance with all applicable laws. If use of our website
and/or viewing of it, or use of any material or content on our website or
services, or products offered through our website are contrary to or infringe
any applicable law in your jurisdiction(s), you are not authorised to view or
use our website and you must exit immediately.
24 Auridian
makes no representations and gives no warranties, express or implied that
making the Products available in any particular jurisdiction outside the UK is
permitted under any applicable non-UK laws or regulations. Accordingly, if
making the Products or any part available in your jurisdiction or to you (by
reason of nationality, residence or otherwise) is prohibited, those Products
are not offered for sale to you. You accept that if you are resident outside
the UK, you must satisfy yourself that you are lawfully able to purchase the
Products. Auridian accepts no liability, to the extent permitted by applicable
law, for any costs, losses or damages resulting from or related to the purchase
or attempted purchase of the Products by persons in jurisdictions outside the
UK or who are nominees of or trustees for citizens, residents or nationals of
other countries.
Copyright and monitoring
25 The
contents of our website are protected by international copyright laws and other
intellectual property rights. The owner of these rights is Auridian Consulting
Limited, its affiliates or other third party licensors. All product and company
names and logos mentioned in our website are the trademarks, service marks or
trading names of their respective owners, including us. You may download
material from our website for the sole purpose of placing an order with
Auridian or using our website as a shopping resource. However, you may not
modify, copy, reproduce, republish, upload, post, transmit or distribute, by
any means or in any manner, any material or information on or downloaded from
our website including but not limited to text, graphics, video, messages, code
and/or software without our prior written consent, except where expressly
invited to do so, for example in order to complete any test or questionnaire.
Linked sites
26 Auridian makes no representations
whatsoever about any other websites which you may access through our website or
which may link to our website. When you access any other website you understand
that it is independent from Auridian and that we have no control over the
content or availability of that website. In addition, a link to any other
website does not mean that Auridian endorses or accepts any responsibility for
the content, or the use of, such a website and Auridian shall not be liable for
any loss or damage caused or alleged to be caused by or in connection with use
of or reliance on any content, goods or services available on or through any
other website or resource. Any concerns regarding any external link should be
directed to its website administrator or web master.
Availability of our
website
27 We will try to make our website
available but cannot guarantee that our website will operate continuously or
without interruptions or be error free and can accept no liability for its
unavailability. You must not attempt to interfere with the proper working of
our website and, in particular, you must not attempt to circumvent security,
tamper with, hack into, or otherwise disrupt any computer system, server,
website, router or any other Internet connected device.
Liability
28 We promise that for any Product you purchase
from our website:
- we have the right to sell the
Product to you;
- the Product will correspond
with the description we have given to you; and
- the Product will be of
satisfactory quality; and
- will be fit for any other
purpose for which you have bought it and you notified Auridian of this
purpose before purchase, and Auridian has not informed you that the
product is not fit for that purpose;
29 Subject to this, however, Products
are not sold as being fit for any particular application or for use under
specific conditions, unless expressly agreed in writing. We also promise that
any service we provide to you will be provided with reasonable skill and care.
30 We exclude all other express or
implied terms, conditions, warranties, representations or endorsements
whatsoever with regard to any products (including without limitation the
Products), our website or any information or service provided through our
website.
31 We will do our best to ensure that all materials
and information published on our website are accurate, but please note that all
content, materials and information on our website are provided on an ‘as is’
basis and you assume total responsibility and risk for your use of our website
and use of all information contained within it.
32 We accept no liability for any
indirect or consequential loss or damage, or for any loss of data, profit,
revenue or business (whether direct or indirect) in each case, however caused,
even if foreseeable. In circumstances where you suffer loss or damage arising
out of or in connection with the viewing, use or performance of our website or
its contents other than as a direct result of purchasing Products (which shall
be subject to the exclusions and limitation of liability set out in these terms
and conditions), we accept no liability for this loss or damage (except where
we have been negligent) whether due to inaccuracy, error, omission or any other
cause and whether on the part of Auridian or our servants, agents or any other
person or entity.
33 If we are liable to you for any
reason, our liability will be limited to the amount paid by you for the Product
concerned. This limit does not apply to any liability we may have for death or
personal injury resulting from our negligence or for our fraudulent
misrepresentation.
34 You are responsible for ensuring
that your computer system meets all relevant technical specifications necessary
to use our website and is compatible with our website. You also understand that
we cannot and do not guarantee or warrant that any material available for
downloading from our website will be free from infection, viruses and/or other
code that has contaminating or destructive properties. You are responsible for
implementing sufficient procedures and virus checks (including anti-virus and
other security checks) to satisfy your particular requirements for the accuracy
of data input and output.
35 The limitations and exclusions in this clause
do not affect your non-excludable statutory rights and only apply to the extent
permitted by applicable law.
Other General
13.1 We may assign, transfer, novate or
subcontract any or all of our rights and obligations under these terms and
conditions at any time.
36 13.2 We may alter these terms and conditions
from time to time and post the new version on our website, following which all
use of our website will be governed by that version. You must check the terms
and conditions on the website regularly.
37 13.3 These
terms and conditions together with the privacy policy, any order form and
payment method instructions, if any, are the whole agreement between you and
Auridian. You acknowledge that you have not entered into this agreement in
reliance upon any statement, warranty or representation made by Auridian or any
other person and you irrevocably and unconditionally waive any rights to claim
damages and/or to rescind these terms and conditions by reason of any
misrepresentation (other than a fraudulent misrepresentation) that is not
contained in the terms and conditions, privacy policy, order form and payment
method instructions.
38 If any provision or term of these terms and
conditions shall become or be declared illegal, invalid or unenforceable for
any reason whatsoever, such term or provision shall be divisible from the other
terms and conditions and shall be deemed to be deleted from them.
39 These terms and conditions and your
use of our website are governed by English law and you submit to the
non-exclusive jurisdiction of the English court.
40 13.6 Except
in respect of a payment obligation, neither you nor Auridian will be held
liable for any failure to perform any obligation to the other due to causes
beyond your or Auridian’s respective reasonable control.
41 13.7 Failure
or delay by either party enforcing an obligation or exercising a right under
these terms and conditions does not constitute a waiver of that obligation or
right.
42 Auridian is a registered company
registered at Companies House, company number 3010447 and VAT number 653391725.
43 These terms and conditions do not confer any
rights on any person or party (other than you and/or us) pursuant to the
Contracts (Rights of Third Parties) Act 1999.
Notices
44 All notices shall be given:
- to us via e-mail at info@auridian.com or by post at PO Box 465, Amersham,
Bucks, HP6 6XW UK; or
- to you at either the e-mail or
postal address you provide during any ordering process.
45 Notice will be deemed received when
an e-mail is received in full (or else on the next business day if it is
received on a weekend or a public holiday in the place of receipt) or 3 days
after the date of posting.
Replacement
These
terms and conditions replace all other terms and conditions previously
applicable to the use of our website and/or sale of the Products.
In
respect of purchases, please click on the ‘terms and conditions’ acceptance
button in the order form prior to submitting the order.
Courses - Public courses
Booking courses
46
We provide a
confirmation of course bookings in the form of joining instructions, when payment
is made.
Cancellations
47 Where you wish to cancel a training
course booked on line on our Site such cancellations must be in writing, not
sent by email. IT is your responsibility to confirm that Auridian has received
the cancellation notification. Those received 10 days before the event will be
refunded less an administrative charge, currently £20 +VAT (£23.50) per person.
48 No refund can be made on
cancellations after the 10-day limit. However substitute delegates may attend.
Responsibility for Staff
on Courses
49
You will be
held liable if any employee of yours who comes on the course booked with us
accidentally or otherwise, damages venue property.
50
Where you
book a course on our site Auridian reserves the right to change venue, cancel
or postpone any training course. All monies received in respect of a cancelled
course will be returned or credited. We
will endeavour to give reasonable notice of adjustments. In the event that an
adjustment is required, Auridian’s liability will not exceed refunding monies
paid in respect of the adjusted course, in addition to the liability provisions
in the Liability section.
Courses - On site
We also
deliver our courses on our clients’ sites. The associated terns are detailed as
part of the associated proposals.
Physical Products
51 Where you purchase as a consumer and
goods or services are not specifically customised for you then under distance
selling legislation for physical books only you may return any such Products
you have purchased within 7 working days of delivery for any reason (including
if you simply change your mind). To do so you must notify us in writing or
other durable medium (including e-mail) within those 7 working days. You will
then be entitled to a refund from Auridian, which will be paid as soon as
possible, but in any event within 30 days. You must arrange for and pay the
costs of returning the Products to Auridian – on request, we will collect the
Products from you, but the cost of this will be charged to you and we may
deduct this from the refund. While in your possession, you must keep any
Products you intend to return to us in good condition. This right does not
apply when you purchase in the course of a business, where you purchase
Products to download electronically from us whether purchased as a consumer or
not nor for training courses/services.
52
For physical
products if:
- the Product delivered is not
what you ordered (including any Substitute Products), or does not
correspond with its description;
- the Product delivered is not of
a satisfactory quality; or
- the Product is not fit for any
other purpose for which you have bought it and you notified us of this
purpose before purchase, and Auridian has not informed you that the
Product is not fit for that purpose;
- Auridian will, at its option,
deliver to you a replacement Product or refund to you the price paid and
your reasonable costs of returning the Products.
53 For physical products despatched to you
delivery will be made to the address specified on the order by you and risk
passes to you on delivery and title passes when we have been paid in full.
Claims for damage or partial delivery or complete loss of consignment must be
notified within thirty (30) days of the date of invoice.
IT Resource Centre
This is an information service that is accessible from
Auridian’s website. Terms and conditions will be posted shortly.
Auridian Consulting Limited
Terms and Conditions
Version 5.0 July 2007
