Website Terms & Conditions of Sale
1 Information about us
www.dsru.org is a website (“the Website”) operated by DSRU Education & Research Limited (“DSRU”, “us”, “we” or “our”). We are registered in England and Wales under company number 04213474 and with our registered office at Bursledon Hall, Blundell Lane, Southampton, SO31 1AA. Our VAT number is 805622546.
2 Your status
2.1 By placing an order through our Website, you warrant that:
2.1.1 you are legally capable of entering into binding contracts;
2.1.2 you are at least 18 years old; and
2.1.3 the information you have provided in your booking (which includes personal and financial information) is true and accurate.
3 How the contract is formed between you and us
3.1 After making a booking for one or more of our courses (“Course” or “Courses”), you will receive an e-mail from us acknowledging that we have received your booking. Please note that this does not mean that your booking has been accepted. Your booking constitutes an offer to us to buy a Course. All bookings are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your booking has been accepted and a place reserved for you in relation to the relevant Course (“the Booking Acceptance”). The contract between us (“the Contract”) will only be formed when we send you the Booking Acceptance.
3.2 The Contract will relate only to those Courses whose acceptance we have confirmed in the Booking Acceptance. We will not be obliged to reserve any places for you in relation to other Courses which may have been part of your booking until the acceptance of the booking of such Courses has been confirmed in a separate Booking Acceptance.
4 CHANGES TO THE CONTRACT
4.1 We reserve the right to change the venue at which a Course is to be held and/or the speaker(s) participating in a Course at any time. In the event of a change of venue, we will write to notify you as soon as may be practicable.
4.2 DSRU accepts no liability for any changes made to either the venue at which a Course is to be held or the speaker(s) participating in a Course.
4.3 If you are unable to attend a Course, you shall be entitled to send any other person as your substitute/replacement. If your substitute/replacement elects to undertake HMT/PMST (Higher Medical Training/Pharmaceutical Medicine Speciality Training), a supplementary fee will be payable. The person who made the booking is responsible for any supplementary fee. The details of the person replacing you must be notified to DSRU in writing in advance of the Course.
5 Price and payment
5.1 The price of any Courses will be as quoted on our Website from time to time, except in cases of obvious error.
5.2 These prices exclude VAT.
5.3 Prices are liable to change at any time, but changes will not affect bookings in respect of which we have already sent you a Booking Acceptance.
5.4 It is always possible that, despite our best efforts, some of the Courses listed on our Website may be incorrectly priced. We will normally verify prices as part of our acceptance procedures so that, where a Course’s correct price is less than our stated price, we will charge the lower amount when sending you a Booking Acceptance. If a Course’s correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before sending you the Booking Acceptance, or reject your booking and notify you of such rejection.
5.5 We are under no obligation to provide the Course to you at the incorrect (lower) price, even after we have sent you a Booking Acceptance, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
5.6 Payment for a Course must be made by you prior to your attendance at that Course.
5.7 You can pay by:
5.7.1 submitting your credit or debit card details when making your booking on our Website; or
5.7.2 printing off the booking form and either posting, faxing or e-mailing it to us, using the contact details provided at clause 11 below. Upon receipt of your booking form, we will send you an invoice, which can be paid by credit/debit card, cheque or bank transfer.
5.8 If you make a payment using your credit or debit card online and at the time of booking and we subsequently reject your booking, we will refund your payment.
6 Our CANCELLATION policy
6.1 To cancel a Contract, you must inform us in writing. Notice should be given to us in accordance with the provisions of clause 11.
6.2 If you are contracting as a consumer, you may cancel a Contract within seven working days, beginning on the day after we send you the Booking Acceptance. In this case, you will receive a full refund of the price paid for the Course cancelled.
6.3 If you are contracting as a business customer or you are a consumer wishing to cancel after the initial seven-day period:
6.3.1 we will give you a refund of 90% (but retain the final 10%) of the price of the Course if you cancel not less than one month prior to the date of the Course;
6.3.2 we will give you a refund of 75% (but retain the final 25%) of the price of the Course if you cancel more than one week but less than one month prior to the date of the Course; or
6.3.3 the price paid by you for the Course will remain payable and will not be refunded if you cancel not more than one week before the date of the Course.
6.4 We will usually refund any money received from you using the same method originally used by you to pay for your Course. If you did not pay online at the time of making your booking, we will invoice you for the portion of the fee for which you remain liable.
7 Our liability
7.1 We exclude all liability for any and all direct and indirect losses, costs or expenses which you may incur or suffer as a result of:
7.1.1 our breach of contract, representation, statement or tortious act or omission;
7.1.2 any changes referred to at clause 4.1;
7.1.3 any cancellations made due to a “Force Majeure Event” (defined in clause 13); and
7.1.4 any use made by you of our Course materials.
7.2 Nothing in the Contract seeks to exclude or limit our liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Copyright in all our Course materials belongs to DSRU or its licensors. Course Materials are provided for your personal use only. Nothing in the Contract shall be deemed to grant you a licence to use, copy or reproduce our Course materials in any format, without our prior written consent.
9 DATA PROTECTION AND PRIVACY
10 Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11.1 All notices given by you to us must be posted to DSRU at the address given at clause 1 above, sent by e-mail to email@example.com or sent by fax to +44 (0) 23 80408609. We may give notice to you at either the postal or e-mail address or fax number which you provide to us when placing a booking.
11.2 Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail or fax is sent, or three days after the date of posting of any letter.
11.3 In proving the service of any notice, it will be sufficient to prove:
11.3.1 in the case of a letter, that such letter was properly addressed, stamped and placed in the post;
11.3.2 in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee; or
11.3.3 in the case of a fax, that such fax was sent to the specified fax number of the addressee.
12 Transfer of rights and obligations
12.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
12.2 Without prejudice to clause 4.3, you may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
13 Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
13.2 A Force Majeure Event includes any act, event, omission or accident beyond our reasonable control and includes (without limitation) the following:
13.2.1 strikes, lock-outs or other industrial action;
13.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
13.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
13.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
13.2.5 impossibility of the use of public or private telecommunications networks; and
13.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16 Entire agreement
16.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
16.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17 Our right to vary these terms and conditions
17.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
17.2 You will be subject to the policies and terms and conditions in force at the time that you book Courses with us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to bookings previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Booking Acceptance (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Booking Acceptance).
18 Law and jurisdiction
Contracts for the purchase of Courses through our Website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the English courts.