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Terms & Conditions
- Thursday March 14, 2019
Important notice: Please read carefully before buying training courses from this website.
This is a legal agreement between you (you) and the Institute of Highway Engineers of Floor 4, Euston House, 24 Eversholt Street, London, NW1 1DB, United Kingdom (we) for your purchase of IHE training courses and training materials (“Training Courses” and “Training Materials” respectively), which includes printed materials and online documentation.
By clicking on the “book now” button on the event page, you agree to these terms which will bind you and (if you are an employer) your employees. If you do not agree to these terms, we shall not sell Training Materials to you and you must discontinue the purchasing process now.
1.1 These terms and conditions (the Terms and Conditions) shall apply to the provision of the Training by IHE to the Customer.
2.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions shall have the following meanings:
Agreement: these Terms and Conditions and the completed Online Booking Process.
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
IHE: the IHE entity, namely the Institute of Highway Engineers of Floor 4, Euston House, 24 Eversholt Street, London, NW1 1DB, United Kingdom.
Charges: the charges payable by the Customer for the Training in accordance with clause 6 (Charges and payment).
Contract for Services: The document sent by IHE to Customer, following an indication by Customer that it wishes to obtain training services from IHE, setting out the details of the Training to be provided and the basis upon which IHE proposes to provide them.
Delegate(s): an individual or representative scheduled by the Customer to attend the Training.
Customer: the person or firm who purchases the Training from IHE.
Customer Data: the data provided by the Customer for the purpose of facilitating the Training.
Data Protection Legislation: means:
(a) The General Data Protection Regulation (GDPR), the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003; and
(b) any other legislation in force from time to time relating to privacy and/or the Processing of Personal Data and applicable to the provision and receipt of Training under these Terms and Conditions; and
any statutory codes of practice issued by the Information Commissioner in relation to such legislation.
In-House: Training provided by IHE at the Customer’s premises for the Customer’s Delegates.
Online Booking Process: The booking process available through the following websites or its links: https://www.theihe.org/all-training/
Personal Data: has the meaning given to it in the Data Protection Legislation.
Processing: has the meaning given to it in the Data Protection Legislation.
Public: Training provided by IHE at a physical location or online for all Customers and Delegates.
Training: the training, either In-house or Public, to be supplied by IHE to the Customer as described in the Contract for Services or as part of the Online Booking Process.
Training Materials: any materials or documents provided by IHE as part of the Training.
2.2 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
3. BASIS OF THESE TERMS AND CONDITIONS
3.1 These Terms and Conditions shall come into effect when the Customer completes the Online Booking Process
3.2 Save for terms pertaining to the relevant Training in the Online Booking Process or the Contract for Services, any descriptive matter or advertising issued by IHE, and any descriptions contained in IHE’s catalogues, brochures or on their website, are issued or published for the sole purpose of giving an approximate idea of the Training described in them; They shall not form part of these Terms and Conditions nor have any contractual force.
3.3 These Terms and Conditions apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
4. SUPPLY OF THE TRAINING
4.1 IHE shall use reasonable endeavours to supply the Training to the Customer in accordance with these Terms and Conditions in all material respects but reserves the right to change the course content of any Training Course at any time and without notice.
4.2 IHE shall use reasonable endeavours to meet any specified training dates, but any such dates shall be anticipated dates only and may be subject to alteration. Any alteration shall be given with a minimum of two weeks’ notice to the Customer. Please ensure that you book flexible accommodation in case of any alterations.
4.3 IHE reserves the right to amend the training if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Training, and IHE shall notify the Customer in any such event.
4.4 Notwithstanding the above sub-clauses, IHE reserves the right to cancel Training at any time, without incurring additional liability to the Customer or any Delegates. In such circumstances, IHE will offer (at its sole discretion) alternative dates, a full refund, or a credit note.
5. CUSTOMER’S OBLIGATIONS
5.1 The Customer shall:
5.1.1 co-operate with IHE in all matters relating to the Training;
5.1.2 provide IHE, its employees, agents, consultants and subcontractors, with any information which may reasonably be required by IHE in the organisation of the Training, including, but not limited to, details in respect of the Delegate(s) and ensure that such information is complete and accurate in all material respects; and
5.1.3 where Training is being delivered at its premises, provide IHE with (i) access, training space and any equipment necessary for the delivery of the Training; and (ii) such facilities as are reasonably notified to the Customer in advance.
6. CHARGES AND PAYMENT
6.1 Unless otherwise stated, the Charges for the Training shall be calculated on a per Delegate basis.
6.2 The Customer shall pay any invoice submitted by IHE within 30 calendar days of the date of the invoice, and in any event prior to the Training taking place, to a bank account provided on the invoice by IHE.
6.3 Failure by the Customer to pay any Charges when they fall due may (at IHE’s discretion) result in:
6.3.1 the Delegates’ place on the Training being withdrawn;
6.3.2 IHE ceasing to provide the Training; and/or
6.3.3 IHE withholding any certification due to the Delegates from the Training.
6.4 All sums payable to IHE under this agreement:
6.4.1 are exclusive of VAT, and the Customer shall in addition pay an amount equal to any VAT chargeable on those sums on delivery of a VAT invoice; and
6.4.2 shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
7.1 The Customer may cancel Public Training on 30 calendar days’ notice to IHE. Cancellations must be provided in writing to the IHE via firstname.lastname@example.org. Public Training may not be cancelled or rescheduled within 30 days of the start date of the Public Training. Replacement delegates can be sent.
7.2 The Customer may cancel In-House Training on 45 calendar days’ notice to IHE. Cancellations must be provided in writing to the IHE via email@example.com. In-House Training may not be cancelled or rescheduled within 45 days of the start date of the In-House Training.
7.4 Training may only be cancelled by the Customer in accordance with this clause 7. If a Customer or Delegates fail to attend all or part of any Training, full payment of the Charges shall be required.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 All intellectual property rights in or arising out of or in connection with the Training, including any associated Training Materials shall be owned by IHE.
8.2 No reproductions, scans or copies (wholly or in part) shall be made of the Training Material without the prior written consent of IHE.
9. CUSTOMER DATA
9.1 As between the parties, the Customer shall own all right, title and interest in and to all of the Customer Data.
9.2 The Customer grants IHE an irrevocable, unlimited and royalty-free licence to use the Customer Data provided to IHE for the purposes of providing the Training.
9.3 Each party warrants that for the purposes of this Agreement it:
9.3.1 shall comply with the provisions of the Data Protection Legislation, including without limitation that it:
(a) shall use Personal Data in accordance with the permissions or consents obtained from the data subjects (as defined in the Data Protection Legislation) or otherwise in accordance with the Data Protection Legislation;
(b) shall communicate to the other party the terms of any permissions or consents obtained from the data subjects;
(c) shall have in place appropriate technical and organisational security measures against unauthorised or unlawful Processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data and shall take all reasonable steps to ensure the reliability of its personnel who have access to such Personal Data and to impose obligations of confidentiality upon such personnel and to ensure that such personnel are aware of their responsibilities under the Data Protection Legislation;
(d) shall comply with any request or notice it receives from a data subject in its capacity as a data controller;
9.3.2 shall upon request provide such assistance as is reasonably necessary to the other party to enable that party to comply with its obligations as a data controller (as defined in the Data Protection Legislation);
9.3.3 shall inform the other party as soon as reasonably practicable of the discovery of any actual or suspected data-breach relating to the Processing of Personal Data in connection with this Agreement;
9.3.4 shall, except to the extent prohibited by applicable law, inform the other party upon receipt of a complaint from a data subject or if approached by any regulatory body in connection with its compliance with the Data Protection Legislation in connection with this Agreement;
9.3.5 shall, except to the extent prohibited by applicable law, consult the other party in good faith as to the timing, manner and content of any response to a complaint from a data subject or approach by any Regulatory Body in connection with compliance with the Data Protection Legislation in connection with the Agreement.
10. LIMITATION OF LIABILITY
10.1 Nothing in these Terms and Conditions limits any liability which cannot legally be limited, including, but not limited to, liability for:
10.1.1 death or personal injury caused by negligence;
10.1.2 fraud or fraudulent misrepresentation; and
10.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
10.2 Subject to clause 10.1:
10.2.1 IHE shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, loss of income, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising;
10.2.2 IHE’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the Agreement shall be limited to the total Charges paid for the Training.
10.3 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 and 4 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms and Conditions.
10.4 This clause 10 shall survive termination of the Agreement.
11. FORCE MAJEURE
IHE shall have no liability to the Customer under the Agreement if it is prevented from or delayed in performing its obligations under the Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of IHE or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Customer is notified of such an event and its expected duration.
Subject to clause 4.3, no variation of the Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).