This page (together with the documents referred to on it) tells you the terms and conditions on which we supply the AllergyWise® Online Training on our website www.anaphylaxis.org.uk (our site) to you. Please read these terms and conditions carefully before undertaking the AllergyWise® Online Training from our site. You should understand that by registering for the AllergyWise® Online Training, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to undertake the AllergyWise® Online Training from our site.
Information about us
www.anaphylaxis.org.uk is a site operated by Anaphylaxis UK (we). We are registered in England and Wales under company number 04133242 and are a charity registered in England and Wales under charity number 1085527 & Scotland SC051390. and with our registered office at 1 Alexandra Road, Farnborough, Hampshire GU14 6BU. All AllergyWise® online training payments are made through Anaphylaxis UK Trading Ltd company number 14399581. Our main trading address is 1 Alexandra Road, Farnborough, Hants GU14 6BU. Our VAT number is 709 0122 70.
Definitions and interpretation
In these Conditions the following expressions have the following meanings:
|AllergyWise® Online Training
||the online training of such name established by us which facilitates online training on managing serious allergies
||the date you first log onto the AllergyWise® Online Training program
||means the contract between us and you in relation to the Services and the Agreement entered into pursuant to condition 5
||the fee set out on the Order Form
||the agreement set out in condition 11
||the services to be provided by us pursuant to the Contract
||a period of twelve months starting on the Commencement Date
The headings to these Conditions are not to affect the construction or interpretation of the Contract.
The singular includes the plural and vice-versa in the Contract.
References to “writing” or in the Contract do not include e-mail.
By placing an order through our site, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are accessing our site from that country.
How the contract is formed between you and us
The contract is formed once payment has been accepted on our online training platform.
You will not have any right to cancel the Contract where you have logged onto the AllergyWise® Online Training website using your own individual log-on and password as this will constitute unsealing the product and no cancellation is permitted once the product has been unsealed.
Price and payment
- The price will be as quoted on our site from time to time, except in cases of obvious error.
- Payment must be by credit or debit card.
- The agreement shall subsist for the Term and the Contract will automatically terminate at the end of the Term.
Services and Fees
- In consideration of the payment by you of the Fees, we will authorise the Agreement to you and provide or procure the provision of the Services during the Term.
- We will provide or procure access to the AllergyWise® Online Training via the internet during the Term.
- You will be required to set up an individual log-on and password in order to access the AllergyWise® Online Training.
- You must keep your individual log-on and password confidential and not disclose it to any third party.
- We will on occasion need to prevent access to the AllergyWise® Online Training in order for maintenance or other work to be carried out but will use reasonable endeavours to warn you.
- Access to AllergyWise® Online Training may be prevented by reason of events beyond our control but in such cases we will use reasonable endeavours to restore it as soon as possible.
Use of Content
- You agree to indemnify us in respect of all damages, losses and expenses arising as a result of any action or claim that the Content or any other material posted to, linked to or sent from the AllergyWise® Online Training by you constitutes Inappropriate Content.
- Materials produced by us and/or presented in our training courses are and shall remain our absolute property. You may use Materials only for your own participation in the courses and for private use to support your learning. You must not disclose or use the Materials without our permission for any other purpose.
- Subject to you paying the Fee, we grant to you for the Term a limited, non-exclusive agreement for you to use the AllergyWise® Online Training in accordance with the Contract.
- All rights in respect of the AllergyWise® Online Training not expressly agreed with you under these Conditions are reserved to us and you agree not to take any action with respect to the AllergyWise® Online Training which is not expressly authorised under these Conditions.
- You do not have the right to use, incorporate into other products, copy, modify, translate or transfer to any other system or platform any part of the AllergyWise® Online Training or any modification, adaptation or copy of the AllergyWise® Online Training or any part thereof, nor to decompile, reverse engineer, or disassemble any of the software inherent to or otherwise forming part of the AllergyWise® Online Training, either in whole or in part, except as expressly provided in these Conditions.
- If you are in breach of condition 12.1 or condition 12.2, the Agreement will automatically terminate.
- You may not lease, sub-license, sell, assign or otherwise transfer the Agreement.
Intellectual PROPERTY RIGHTS
- You acknowledge that all intellectual property rights in or relating to the AllergyWise® Online Training (except the Content) are and will remain the exclusive property of us.
- We grant to you a non-exclusive agreement during the Term to use such intellectual property rights to the extent required to use the AllergyWise® Online Training in accordance with the Contract.
Limitation of Liability
- We do not exclude our liability to you for any matter for which it would be illegal for us to exclude or to attempt to exclude our liability.
- We give no warranties or representations with respect to the AllergyWise® Online Training or its content and, except as set out in condition 14.1, hereby exclude all conditions and warranties which, but for such exclusion, would or might subsist in favour of you.
- Subject to condition 14.1, we will be under no liability to you for any direct, indirect or consequential loss (all three of which terms herein include, without limitation, pure economic loss, loss of revenue, loss of business, loss of data, loss of savings, depletion of goodwill and like loss) arising out of or in connection with:
- the AllergyWise® Online Training or its content or the non-availability or failure of the AllergyWise® Online Training;
- any breach by us of the Contract.
- Subject to condition 14.1 and without prejudice to conditions 14.2 and 14.3, our aggregate liability under these Conditions for any injury, direct, indirect or consequential loss (other than for death or personal injury caused by our negligence as defined in section 1 Unfair Contract Terms Act 1977) will be limited to the total Fees paid by you.
- The structure, organisation and source code of the AllergyWise® Online Training are proprietary confidential information of us and you agree not to provide or disclose, any such information or other information of a confidential nature concerning the AllergyWise® Online Training in whole or in part to any third party both during the Term and after it.
- The provisions of condition 15.1 will not apply to any information which is:
- lawfully obtained free of any duty of confidentiality (otherwise than directly or indirectly from us);
- already in our possession, provided that you can show such possession from written records (other than as a result of a breach of this condition 15); or
- which you can demonstrate is in the public domain (other than as a result of a breach of this condition 15).
- To the extent that any information is necessarily disclosed pursuant to a statutory or regulatory obligation or court order such disclosure will not be a breach of this condition 16.
- These Conditions contain all the terms and conditions which we have agreed in relation to the Contract and supersede any prior written or oral, representations, warranties and agreements between us.
- We each acknowledge and agree that in entering into the Contract, it does not rely on, and shall have no remedy in respect of, any representation, warranty or agreement of any person (whether party to this agreement or not) other than as expressly set out in this agreement.
- Nothing in this condition 15 shall operate to limit or exclude any liability for fraud.
Governing Law and Jurisdiction
- The Contract will be governed by the law of England and the courts of England will have non-exclusive jurisdiction in respect of disputes relating to the Contract.
Your information and our confidentiality: We will only use or disclose your Confidential Information to deliver the training courses, or if we are required to disclose it by law. We may keep some Confidential Information to keep a record of what we did for you.