1.0 General & Preliminary.
All agreements entered into whether oral or written shall be deemed to incorporate these Terms & Conditions and shall exclude all and any other Terms & Conditions stipulated by any other party or third party unless specifically agreed in writing & referenced as a change to these Terms & Conditions.
This page sets out the terms and conditions under which you may access and make use of the services provided by HSC Futures Ltd t/a HSC Short Breaks. By making a booking, you agree to be bound by these Terms and Conditions.
In these Conditions: –
“HSC Short Breaks” is HSC Futures Ltd t/a HSC Training of 75 London Road, Kilmarnock KA3 7BP. “The Client” is any individual, sole trader, partnership, limited liability partnership, limited company, public limited company, Charity, Local government body, Central government body or any other legal entity with whom HSC Training contracts.
“The Agreement” means any agreement between HSC Short Breaks & the Client.
HSC Short Breaks may assign, sub-contract or sub-let the fulfilment or performance of the Agreement or any part thereof.
The Client shall not assign the benefit or burden of the Agreement without the written consent of HSC Short Breaks which will not be unreasonably withheld.
A booking agreement exists when a formal purchase order is presented to HSC Short Breaks from the client by telephone, fax, email or via the website with an explicit instruction of a booking. This can be to HSC Short Breaks directly or one of its representatives.
The services offered by HSC Short Breaks can only be used by Clients who have first read these Terms and Conditions and accepted them unconditionally by clicking on the appropriate box provided for the purpose. It is not possible to proceed with the booking process without this acceptance. Clients undertake to fulfil the obligations contained within these Terms and Conditions.
The agreement between the Client and HSC Short Breaks comes into force as soon as HSC Short Breaks provides written confirmation of a booking to the Client by letter or email.
The Client shall provide payment in the following manner.
In the case of goods; including all and any postage or other delivery charges, taxes and or duties must be received in the form of cleared funds at HSC Short Breaks bank in advance of dispatch.
In the case of bookings and other services; payment is due on the completion of a formal booking as described in 2.0 above. HSC Short Breaks reserves the right to suspend access to property for clients who have failed to make full payment on or before the start date of the booking.
HSC Short Breaks may at their discretion and following appropriate credit reference checks, apply credit terms of the supply of certain products and services. Payment terms will be described in quotation documentation. If The Client fails to make full payment within the period provided, then the account shall bear interest at the rate of 4% above the bank base rate of The Bank of England until full payment is received including all and any taxes and or duties in the form of cleared funds at HSC Short Breaks bank.
In the event of any costs being incurred by HSC Short Breaks as a result of debt recovery or litigation proceedings to secure payment of any outstanding accounts, The Client shall accept liability for payment of these costs.
All payments are to be made payable in pounds sterling, no other currencies are accepted.
4.0 Refunds / Cancellation / Postponement
HSC Short Breaks refund policy complies with the EU Distance Selling Directive (2000) and is part of UK law under the Consumer Protection Regulations (2000) that relate to distance selling. The law applies to all UK based transactions where the consumer doesn’t meet the vendor. These regulations do not govern contracts between businesses.
How To Cancel Within 7 Days Of Purchase
Should you wish to cancel your purchase within the 7 day cooling off period, please do so in writing (not telephone) by emailing us at firstname.lastname@example.org or writing to us at the following address:
75 London Road,
Refunds Following Cancellation
If you do cancel your purchase within the 7 day cooling off period then we will refund your payment. If you paid by credit or debit card from our website, you refund will be made directly to your credit or debit card within 30 days of your cancellation. If you paid by any other means then your refund will be made by cheque, this will be posted to you within 30 days of your cancellation.
The Client may make one postponement of a booking and transfer to a later course at any time by giving notice in writing by letter, email or fax. HSC Short Breaks may apply administration charges for postponement in the following scale:
More than 4 weeks notice: No charge
3 to 4 weeks notice: 25% of booking fee
2 to 3 weeks notice: 50% of booking fee
Less than 2 weeks notice: 75% of booking fee
If you fail to notify of non-attendance, a new booking will have to be booked and full payment will be due.
In the event of non-attendance where payment has been received, there shall be no refund and in the event of non-attendance where the fee has not been received, the fee will remain due and payable.
HSC Short Breaks complies with the law and operates the following refund policy in respect of the cancellation of individual bookings.
4.1 Delay or Failure to Perform on our part.
We shall not be liable to you if we are prevented or delayed in the performing of any of our obligations to you if this is due to any cause beyond our reasonable control including (without limitation):
4.3.1 An act of God, explosion, flood, fire or accident;
4.3.2 War or civil disturbance;
4.3.3 Strike, industrial action or stoppages of work;
4.3.4 Any form of government intervention;
4.3.5 A third party act or omission;
4.3.6 Failure by you to give us a correct delivery address or notify us of any change
If your behaviour is deemed to be unacceptable or causes damage your course may be terminated and you may be asked to leave the premises. Your application form and contact details will be retained pending further enquiry.
No whole or part refunds will be made under these circumstances.
4.3 Intellectual property
All and any intellectual property rights of any kind what so ever in any design, know-how, software, or technology which are used, developed or created by HSC Training in the course of producing and delivering the course materials are and shall remain the exclusive property of HSC Training.
In consideration of the supply by each party of any Confidential Information, HSC Short Breaks and the Client agree that they shall protect the confidentiality of the Confidential Information and shall not disclose or use any Confidential Information received by them except as provided below:
Either party may only disclose Confidential Information, to those of its directors, officers, advisors, agents, representatives and employees who
(i) need to know the Confidential Information for the purpose of carrying out the agreed work in relation to the Business; and
(ii) are informed that the information constitutes Confidential Information for the purposes of this Agreement and expressly agree to be bound to the other party by the terms and conditions of this Agreement;
(iii) with the written consent of the other party;
(iv) which at the time it was provided to that party was in the public domain or which has come into the public domain other than as a result of that party’s breach of this undertaking;
(v) which it is required by law (or any regulation having the force of law) or sub-poena or legal process to disclose or is required by that party’s regulatory authorities.
At the request of one party, the other party shall promptly return all Confidential Information originally provided by the requesting party together with all copies in existence.
Neither party makes any representation or warranty as to the accuracy or completeness of the Confidential Information.
We shall only store and use the information you supply to us or which is supplied to us for the purposes of carrying out our contract with you. We will only share the data you provide us with the awarding body to facilitate the booking process and the publication of examination results. Your data will not be shared with any other third parties. You agree that we may select and publish your feedback about HSC Training on our website.
We may contact you from time to time to inform you of relevant services and offers which may be of interest to you. If you do not wish to receive such information, please let us know by emailing us at email@example.com or telephoning us on 0345 017 7480; or writing to us at the address noted above. You may also unsubscribe from our mailing list by clicking the unsubscribe link at the bottom of the email
4.4 Variation, Waiver & Representation.
No variation, alteration or waiver of these Conditions shall be of any effect unless made in writing and signed by a director of HSC Short Breaks. Any failure by either party in exercising any right, power, or privilege secured within these Terms and Conditions will not act as a waiver nor will any single or partial exercise preclude any further exercise of any other right, power or privilege.
4.5 Prevalence of Conditions & Severance.
These Conditions shall prevail over any other terms of agreement or purchase in all cases & circumstances what so ever and no term in The Client’s terms of agreement or purchase to the contrary or inconsistent effect to these Conditions shall not have any force or affect what so ever.
If at any time one or more of the provisions of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
5.0 Governing Law
These Terms and Conditions are governed by Scottish Law and The Client agrees to be bound by them and further agrees to submit to the exclusive and enduring jurisdiction of the Scottish courts in connection with any dispute.
7.0 Amendments to the Terms
We reserve the right to amend these Terms from time to time. When we make a change we will update this page of the Website. If we do so, the updated version will be effective as soon as it is uploaded on to this Website. The date of the last revision to these Terms is provided at the end of the Terms. We recommend that you visit this page each time you visit the Website to ensure that you are aware of and are complying with any changes that we have made to these Terms. If you continue to use the Website you will be deemed to have accepted those changes from the point at which these changes come into effect