Course Booking Terms and Conditions
Please read these terms and conditions before confirming your Course Booking with Summit Medical Education.
1. Definitions
In these Terms and Conditions the following terms have the following meanings:
“Booking” means any contract for the provision of services by way of a Summit Medical Education course which You make through the Website;
“Course” means the courses as advertised by Summit Medical Education through the Website, and as selected by You from time to time;
“Course Provider” means Summit Medical Education as the provider of the Course as stated within the applicable part of the Website;
“Summit Medical Education” means Summit Medical Education Ltd of 4 Greenfield Road, Holmfirth, West Yorkshire, HD9 2JT (registered in England No. 14025998);
“Training Materials” means all the content provided by the Course Provider;
“Venue Provider” means the owner and/or operator (as applicable) of the venue where any Course is to be provided (if such Course is not provided at the Course Provider's own premises);
“Venue Provider Terms” means the terms and conditions or requirements, if any, governing the Venue Provider's hosting of Courses at its premises, as may be notified to you in advance of or during the Course, including but not limited to any relevant health and safety requirements;
“the Website” means the website available at www.summitmed.co.uk;
“You” means you, the user of the Website and/or Participant on the Course, and “Your” shall be construed accordingly.
2. General Terms and Conditions
2.1. Any person wishing to make a Booking for a Course through the Website must be 18 years of age or over.
2.2. If You make a Booking for a Course You will enter into a contract with the Course Provider and must accept these terms and conditions. These terms and conditions shall apply to the supply of the Course booked by You through the Website, to the exclusion of all other terms and conditions with the exception of the Summit Medical Education Privacy Policy (which shall also apply) and, if You make a Booking, the relevant details listed on the Website in relation to the Course.
2.3 By ticking the terms and conditions box as part of Your booking of the Course via the Website you acknowledge that You have read, understand and accept these Terms and Conditions.
2.4 You agree that you will abide by the Venue Provider Terms as may be notified to you in advance of or during the Course.
3. Booking mechanics and payment for a Course
3.1 For all Bookings, You must pay for the Course purchased through the Website by credit card or debit card. A request by You to purchase a Course using the payment process on this Website is an offer made subject to these Terms and Conditions.
3.2 Once You have offered to purchase the Course then, subject to checking that Your credit card or debit card payment has been processed correctly, Summit Medical Education will accept Your payment and confirm Your Booking by email.
3.3 The Booking contract shall consist of these Terms and Conditions and the email Summit Medical Education sends You on behalf of the Course Provider confirming acceptance of Your offer and the details of the Course.
3.4 When Summit Medical Education accepts Your offer to make a Booking, Summit Medical Education will charge Your credit or debit card with the total cost of the Course.
3.5 While Summit Medical Education tries to ensure that all prices on the Website are accurate, errors may occur. If Summit Medical Education discovers an error in the price of the Course You have ordered, the Course Provider will inform You as soon as possible and give You the option of reconfirming Your order at the correct price (and credit or debit Your account as applicable) or
cancelling Your purchase. If the Course Provider is unable to contact You, You agree that the Course Provider may treat the purchase as cancelled and You will receive a full refund from the Course Provider. If You choose to cancel after You have already paid the incorrect price for the purchase, You will receive a full refund from the Course Provider.
4. Cancellation, transfers and refunds
4.1 If You wish to cancel your Booking, you must cancel the Booking by contacting the Course Provider directly not less than 28 days prior to the start of the Course.
4.2 If You request to cancel a Booking not less than 28 days prior to the start of the Course, You will be refunded the full costs of the Course purchased. If You request to cancel a Booking less than 28 days before the start of the Course You will not be eligible to receive a refund for the Course purchased.
4.3 Subject to clause 4.1 above, if a purchase of a Course is cancelled, the Course Provider will process the refund within 14 days of receiving Your cancellation request.
4.4 If You are unable to attend a Course and wish to transfer Your place to a colleague, this can be done by contacting Summit Medical Education not less than 7 days before the Course starts and providing the name and email address of the new Participant. You are responsible for any transfer of costs to the new Participant and a refund will not be provided by Summit Medical Education.
4.5 On occasion, unforeseen circumstances may require the Course Provider to cancel a course. In such circumstances You will be given as much notice as possible and Summit Medical Education will either (1) provide a free transfer to another Course date for individual Participants and refund any fees where individuals cannot attend such an alternate course, or (2) provide a full refund of fees paid within 14 days.
4.6 A minimum of 3 Bookings is required for a Course to go ahead. If a Course has less than 3 Bookings then the Course Provider may cancel the Course and either refund the full costs of the Course purchased, or provide a free transfer to another Course date. A decision will be made not less than 7 days before the Course starts.
5. Training Materials and other intellectual property of Summit Medical Education
5.1 You hereby acknowledge and agree that all information made available to You as a result of Your or another Participant’s Booking or Your or another Participant’s attendance on the Course, including but not limited to the Training Material and related documentation, video content, etc, is proprietary to and owned exclusively by Summit Medical Education. You agree that you shall not copy or duplicate in any way, nor share, nor sell, market, or commercialise any such material, create derivative products or applications based on such material or otherwise use the material in any manner unrelated to the training supplied pursuant to this agreement.
6. Limitation of liability
6.1 So far as is reasonably practicable the Website is made available by Summit Medical Education on a 24-hour, 7-day basis. As it is technically impossible to provide a fault-free uninterrupted service, the Website is provided ‘as is’ and 'as available' without warranties of any kind, express or implied (other than warranties not capable of exclusion as a matter of law). Whilst Summit Medical Education will use reasonable efforts to ensure that the Website booking facility is available at all times, to keep unavoidable interruptions to a minimum and to give notice at log-in of anticipated interruptions, there will inevitably be times when it is unavailable.
6.2 Summit Medical Education shall not be liable to You for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection Your use of the Website, or from any misrepresentation, whether innocent or negligent, except to the extent that such liability may not be lawfully excluded.
6.3 Notwithstanding anything else contained in this Agreement, Summit Medical Education shall not be liable to You for: (i) loss of profits or contracts or goodwill or statutory penalties or indirect or consequential loss, whether arising from negligence, breach of contract or howsoever caused; (ii) any and all costs related to the procurement of any substitute service(s); (iii) third party claims of any kind; or (iv) any loss or damage arising from Your failure to use the Website strictly in accordance with the terms of this Agreement.
7. Data Protection Act 2018
7.1 Summit Medical Education confirms that it will process Your personal data in accordance with the Data Protection Act 2018. You agree that Summit Medical Education may process Your personal data to process the Booking and provide the Course (as applicable) and for any other purpose You agree to.
7.2 Your financial information (bank account and credit or debit card details) will not be stored by Summit Medical Education. Summit Medical Education uses a payment service provider which is accredited as a Level 1 service provider and merchant, which is the highest level of compliance.
8. General
8.1 Force Majeure. Summit Medical Education shall be liable for any failure to fulfil its obligations caused by circumstances beyond its reasonable control, including any period during which access to the Website is suspended, provided that such party has made reasonable efforts to fulfil its obligations under this Agreement.
8.2 Entire Agreement. These terms and conditions, together with the Summit Medical Education Privacy Policy, set out the whole of our Agreement relating to use of the Website to purchase or otherwise contract for the Course where you make a Booking and there only in respect of the provision of the Course by the Course Provider. Nothing said by any person on our behalf should be
understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods/services offered by Summit Medical Education. Except for fraud or fraudulent misrepresentation, Summit Medical Education shall not have any liability for any such representation being untrue or misleading.
8.3 Non-attendance or partial attendance. Summit Medical Education reserves the right not to issue a full certificate of attendance in cases where Participants have not fully attended all sessions of the Course. In all such cases, the full course fee remains payable.
8.4 Variation. Summit Medical Education shall have the right to modify the terms of this Agreement at any time and the updated terms and conditions will be posted on the Website. If you continue to use the service, you will be deemed to have accepted any such modification.
8.5 Severance and waiver. In the event that any provision of this Agreement is held to be illegal, invalid, void or unenforceable, it shall be severed from the remaining provisions of this Agreement which shall continue in full force and effect. Failure or neglect by either party to enforce any provision of this Agreement shall not be construed nor shall be deemed to be a waiver of a party's
rights under this Agreement and shall not prejudice that party's rights to take subsequent action.
8.6 Assignment. You shall not, without the prior written consent of Summit Medical Education, assign, sub-license, sub-contract or otherwise transfer to any third party any of its rights or obligations under this Agreement.
8.7 Third Party Rights. Each party agrees that no term of this Agreement will be enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
8.8 Governing Law and Jurisdiction. These terms and conditions are subject to the laws of England and Wales and you, and Summit Medical Education irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales.
8.9 Validity of terms. If any provision of these terms is found to be invalid by any Court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect.
8.10 Contacting Summit Medical Education. If you need to contact Summit Medical Education about these terms and conditions or the service provided through the Website you may do so by completing the contact us form on the Website.