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Terms and Conditions

FITNESS TO PRACTISE LIMITED

TERMS AND CONDITIONS OF USE OF OUR SITE

THIS SITE IS FOR USE BY BUSINESSES ONLY

These terms and conditions govern your use of the Site. You must read and agree them before we can undertake any services for you and as a visitor you will be deemed to have read and understood them whilst on the Site

These terms and conditions change and we are unable to notify you personally of any changes. As a result you warrant that you will re-read them each time you visit the Site or acquire any services from us.

1) Definitions and Interpretation

In this Agreement the following terms will have the following meanings:

 “the Owner”     means   FITNESS TO PRACTISE LIMITED a company registered in England and Wales under company number 09050003 and whose registered office is at 2 The Peacocks Off Heather Drive Holt Norfolk NR25 6AL

 “the Site”                           means www.fitness2practise.co.uk

“Us” “We” “Our”              means either the Site or the Owner or both

 “You” “Your”                     are a visitor to our Site for any purpose whatsoever

“Account” means collectively the personal information, Payment Information and credentials used by Users to access any communications System on the Site;

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Site;

“Service” means collectively any online facilities, tools, services or information that we make available through the Site either now or in the future

“Services” means any of the services available to you through this Site;

“Payment Information” means any details required for the purchase of Services from this Site.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchase Information” means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;

 “System” means any online communications infrastructure that we make available through the Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” means any third party that accesses the Site and is not employed by us and acting in the course of their employment; and

2) Business Customers

These Terms and Conditions apply to business customers only and you warrant that you are not a consumer and are over the age of 18.

3) Intellectual Property

3.1 Subject to the exceptions in Clause 4 of these Terms and Conditions, all Content included on the Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is our property or that of our affiliates or other relevant third parties.  By continuing to use the Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

3.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Site unless otherwise indicated on the Site or unless given express written permission to do so by us.

4) Third Party Intellectual Property

4.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

4.2  You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Site or unless given express written permission to do so by the rights owner.

5) Links to Other Sites

This Site may contain links to other sites.  Unless expressly stated, these sites are not under our control or that of our affiliates.  We assume no responsibility for the content of such Sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Site does not imply any endorsement of the sites themselves or of those in control of them.

6) Links to this Site

If you wish to place a link to this Site on other sites may do so only to the home page of the site  without prior permission links to specific pages within the site must not be placed without our express written permission.

7) Use of Communications Facilities

7.1          When using the enquiry form or any other System on the Site you should do so in accordance with the following rules:

7.1.1      You must not use obscene or vulgar language;

7.1.2      You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

7.1.3      You must not submit Content that is intended to promote or incite violence;

7.1.4      Submissions made to the Site must be made using the English language we will delete and submissions made in other languages;

7.1.5      The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

7.1.6      You must not impersonate other people, particularly our employees and representatives or our affiliates; and

7.1.7      You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

7.2          You acknowledge that we reserve the right to monitor any and all communications made to us or using our System.

7.3          You acknowledge that we may retain copies of any and all communications made to us or using our System.

7.4          You acknowledge that any information you send to us through our System or post in any chat rooms or forums we host on the Site may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

8) Accounts

8.1          In order to procure Services on this Site you may be required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Site as we may not require payment information until you wish to make a purchase.  By continuing to use this Site you represent and warrant that:

8.1.1      all information you submit is accurate and truthful;

8.1.2      you have permission to submit Payment Information where permission may be required; and

8.1.3      you will keep this information accurate and up-to-date.

8.1.4      Your creation of an Account is further affirmation of your representation and warranty.

8.2          It is recommended that you do not share your Account details, particularly your username and password.  We accept no liability for any losses or damages incurred as a result of your Account details being shared by you.

8.3          If you have reason to believe that your Account details have been obtained by another without consent, you must contact us immediately and we will suspend your Account and cancel any unauthorised orders or payments that may be pending as soon as we can.  Please be aware that orders or payments can only be cancelled up until provision of Services has commenced.  In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, we accept no liability or responsibility and you should make contact with the third party service provider detailed in the Purchase Information.

8.4          We have the right to reject any User name and to require you to furnish an alternative.

9) Termination and Cancellation

9.1          Either we or you may terminate your Account at any time and subject always to the specific provisions of any Services you may buy from us.

9.2          Termination of the Account must be by written notice

10) Services, Pricing and Availability

10.1        Whilst every effort has been made to ensure that all descriptions of Services available from us correspond to the actual Services, we are not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.

10.2        We do not represent or warrant that such Services will be available.

10.4        All pricing information on the Site is correct at the time of going online.  We have the right to change prices and alter or remove any special offers from time to time and as necessary

10.5        In the event that prices are changed during the period between an order being placed for Services and us processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.

10.6        All prices on the Site do not include VAT. And a VAT invoice will be supplied on demand

11) Contract for and Provision of Services

11.1        No contract for the provision of any Services will come into existence between us and you until you have accepted the terms and conditions which we apply to that Service and we have accepted you as a client and if we do not accept you as a client, we will reimburse all payments you have made to us.

11.2        We will only provide any Services we offer when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.

11.3        Provision of all Services will be subject to the Terms and Conditions pertaining directly to those Services.

11.4        If Services are provided that are not in conformity with your order you must contact us within 5 days to inform us of the mistake.

12) Privacy

Our Privacy Policy forms part of these terms and conditions to the same extent as if it were incorporated herein

13) Disclaimers

13.1        We make no warranty or representation that the Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

13.2        No part of this Site is intended to constitute advice and the Content of this Site should not be relied upon when making any decisions or taking any action of any kind.

13.3        No part of this Site is intended to constitute a contractual offer capable of acceptance.

13.4        Whilst we use reasonable endeavours to ensure that the Site is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

14) Changes to the Service and these Terms and Condition

We reserve the right to change the Site, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Site following the changes.  If we are required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

15) Availability of the Site

15.1        The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

15.2        We accept no liability for any disruption or non-availability of the Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

16) Limitation of Liability

16.1        To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Site or any information contained within it and Users use the  Content at their own risk.

16.2        Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.

16.3        Nothing in these Terms and Conditions excludes or restricts our liability for any direct or indirect loss or damage arising out of the incorrect provision of Services.

16.4        Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and will not affect the validity and enforceability of the remaining Terms and Conditions.  This term will apply only within jurisdictions where a particular term is illegal.

17) No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this will not be construed as a waiver of that right or remedy.

18) Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions will prevail unless it is expressly stated otherwise.

19) Third Party Rights

Nothing in these Terms and Conditions will confer any rights upon any third party.

20)  Communications

20.1        All notices / communications will be given to us either by post to our Registered Office or by email to info@fitnesstopractise.co.uk.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

20.2        All notices / communications will be given by  us to the email address you registered with us and will be deemed received on the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday

21) Law and Jurisdiction

These Terms and Conditions and the relationship between you and us will be governed by and construed in accordance with the Law of England and Wales and we and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

Registered in England and Wales with Company Number 09050003. Registered Address 2 The Peacocks, Holt, Norfolk, NR25 6AL.