Website Terms and Conditions

1. Using the Site

Reference to ‘you’, ‘your’ and ‘yours’ are references to the persons accessing the Site. References to ‘we’, ‘us’ and ‘our’ are references to Vertical Access Ltd.

www.verticalaccess.co.uk and any other website owned or operated by VERTICAL ACCESS LTD (hereinafter referred to as ‘the Site’) is maintained for your personal use and viewing. Your access and use of this Site constitutes your acceptance of these Terms and Conditions which takes effect from the date on which you use this Site. If you do not accept these Terms and Conditions you are not authorised to use or continue using the Site.

We may at any time revise these Terms and Conditions, in whole or in part, without notice. Please check these each time you use the Site. You agree to review the Terms and Conditions regularly and your continued use of this Site following the posting of any changes will signify your acceptance of these changes.

Access to Site is on a temporary basis and we reserve the right to amend or withdraw the service without notice. We will not be liable if for any reason a Site is unavailable at any time and for any period.

These Terms and Conditions are to be read by you together with any terms, conditions and disclaimers provided in the pages of the Site. In the event of any conflict, the terms and conditions and disclaimers provided in the pages of the Site shall prevail over these Terms and Conditions.

You are not entitled (nor will you assist others) to set up links from your own websites to the Site (whether by hypertext linking, deep linking, framing, tagging or otherwise) without the prior written consent of VERTICAL ACCESS LTD, which we may at our absolute discretion, and without providing a reason, grant or withhold.

Where a Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

2. Intellectual property

The contents of the Site are protected by copyright, trademark rights, database rights, patent rights, design rights and any other text, graphic, audio, video or images, contents, software, data and information. You may imprint, copy, down load or temporarily save extracts from the Site only for your own personal information.

We allow you onto this Site in return for you agreeing not to adapt, alter or create any derivative work from any of the material contained in this Site.

The names, images and logos identifying VERTICAL ACCESS LTD are registered to us. The copying and use, in any manner, of the VERTICAL ACCESS LTD logo, name or images is not permitted without prior written consent of VERTICAL ACCESS LTD.

All other trademarks, brand names, course names and titles and copyright used on this Site are used under licence granted by their respective holders. No permission is given by VERTICAL ACCESS LTD in respect of the use of any of them and such use may constitute an infringement of the holder’s rights.

If you print off, copy or download any part of a Site or breach these Terms and Conditions, you right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

3. Your use of the Site

Use of the Site is at your sole risk. The material displayed on the Site is provided without any guarantees, conditions, or warranties as to its accuracy. VERTICAL ACCESS LTD shall not be liable for any direct, indirect or consequential loss or damage incurred whatsoever and howsoever arising as a result of your use of inability to use, results of the use of or reliance on the information contained on the Site or any website linked to it to the maximum extent permitted by law.

Further, VERTICAL ACCESS LTD will not be liable for:

  • The accuracy or reliability of the information or content of the Site;
  • Problems including compatibility and damage or corruption of your Hardware, software or installation;
  • The security of the Site;
  • Interruption in availability or errors of the Site;
  • The Site content failing to meet your requirements; or,
  • The accuracy, functionality or performance of any third party software that may be used in connection with the Site.

The Site is intended for those who access it within the United Kingdom we cannot therefore guarantee that the Site and its content complies with or is suitable for use in other places. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Messages sent over the Internet cannot be guaranteed to be completely secure as they are subject to possible interception, loss or alteration. We are not responsible for them and will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to us or any message sent by us to you over the internet.

We are concerned about the safety and privacy of our users, particularly children. Parents/guardians who wish to allow their children access to and use the Site should supervise such access and use. By allowing your child access to the Site you are allowing your child access to all services including email, forums and/or other message or communication facilities. It is therefore your responsibility to determine which services are appropriate for your child.

4. Viruses

Whilst VERTICAL ACCESS LTD makes all reasonable attempts to exclude viruses from the Site, it cannot ensure such exclusion and no liability is accepted for any loss, disruption or damage to our data or your computer system which may occur whilst using material off the Site.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unathorised access to the Site, the server on which the site is stored or any server, computer or database connected to the Site. You must not attack the Site via denial-of-service attach or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In event of such a breach, your right to use the Site will cease immediately.

You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or destructive properties. Thus, you are recommended to take all appropriate safeguards before downloading information from the Site.

5. Third Party Websites

VERTICAL ACCESS LTD is not responsible for the contents or reliability of any other websites to which we provide a link and does not necessarily endorse the views expressed with them. Listing should not be taken as endorsement of any kind. We cannot guarantee that these links will work at all times and have not control over the availability of the linked pages. In particular VERTICAL ACCESS LTD is not responsible for any privacy policies on external websites and we recommend you read the relevant statements on any other website you visit. VERTICAL ACCESS LTD is not responsible for the direct or indirect consequences of you linking to any other website from the Site.

By breaching this provision, you would commit a criminal offence under the computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

6. Data Protection

We process information about you in accordance with our Privacy Policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

7. Governing Law and Jurisdiction

These Terms and Conditions are governed by and interpreted in accordance with the laws of England and Wales and the English Courts will have exclusive jurisdiction in respect of any dispute which may arise although we retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant Country.

8. Questions and Complaints

We are committed to providing a high quality, accessible and responsive service to all users. If you have any questions or complaints relating to the Site please contact us in writing to: VERTICAL ACCESS LTD, Tame Bank, Unit E211 Warmco Industry Park, East Gate, Manchester Road, Mossley OL5 9AY, e-mail info@verticalaccess.co.uk

 

 

 

 

 

IRATA- Course Terms And Conditions

If you are purchasing or booking an IRATA Course, Programme (as defined below) the following Terms & Conditions will apply:

1. About these Terms and Conditions

1.1 These Terms and Conditions (the “Conditions”) form the whole of our ‘Agreement’ with you.

1.2 In these Conditions ‘we’ and ‘us’ means VERTICAL ACCESS LTD; ‘you’ means the individual or organisation Booking a Course, Course, Service, under these Conditions; ‘Booking’ means a request by you to book a Course with us; ‘Consumer’ means any natural person who, in contracts to which the Consumer Protection (Distance Selling) Regulations 2000 apply, is acting for purposes which are outside his business; ‘Course’ means a IRATA course; ‘Credit Account’ means a pre-arranged credit account with us; ‘Delegate’ means an individual enrolled on a Course by you; ‘Equal Opportunities and Diversity Policy’ means our policy to ensure that no individual receives less favourable treatment than any other on the grounds of sex, race, colour, nationality, ethnic origin, religion/belief, age, marital status, sexual orientation, political belief, disability, irrelevant offending background or for any other reason which cannot be objectively justified; ‘Reasonable Adjustments’ means reasonable adjustments either in accordance with relevant equal opportunities legislation or as part of what we deem to be good practice.

1.3 These Conditions replace all other terms and conditions previously applicable and shall apply to any Booking to the exclusion of any other terms and conditions.

2. Booking

2.1 Subject to clause 2.2, you may make a Booking on line at www.verticalaccess.co.uk, by telephoning our Course Bookings team or by completing our Booking form, where applicable, and returning it by either fax or post to our Course Bookings Team.

2.2 Booking a Course shall be regarded as an offer by you to book a Course under these Conditions.

2.3 As soon as reasonably practicable you shall provide us with the name of the Delegate(s) and any special requirements they may have particularly with regard to diet, mobility and access.

2.4 Substitution of a Delegate will be allowed up to the commencement of the Course without charge subject to clause 2.3.

3. Confirmation

3.1 Acceptance of your offer will take place on sending you written confirmation of your Booking. Our acceptance of your Booking brings into existence a legally binding Agreement between us.

3.2 Joining instructions will be forwarded to you prior to the Course start date. If you do not receive the joining instructions within 7 days of the Course start date you must notify us immediately.

4. Price

5.1 A standard Course price is as listed in our published price list. We reserve the right to change prices listed without notice.

5.2 The price of a bespoke Course is as confirmed by us in writing.

5.3 Course prices do not include meals (unless we notify you otherwise), travel, accommodation, parking costs or any other cost incurred as a result of or in connection with a Course.

5.4 Value Added Tax will be added to all taxable supplies at the current rate.

 

6. Payment

6.1 All payments must be made in UK sterling (GBP) and reference our invoice number where provided.

6.2 Other than where we agree to payment being made through an active Credit Account, payment must be received within 14 days of the date of our pro forma invoice or immediately if the Booking is made less than 21 days prior to the Course start date.

6.3 Where payment is to be made through a Credit Account, payment shall be made within 30 days of the date of invoice.

6.4 No payment shall be deemed to have been received until we have received cleared funds.

6.5 Without prejudice to any other right or remedy available to us if payment is not received when due we shall be entitled to:

  • 6.5.1 Cancel the Agreement;
  • 6.5.2 Suspend the delivery of any other Course to you;
  • 6.5.3 Withhold the issue of any applicable Course certificate;
  • 6.5.4 Include interest on the amount outstanding from the date when such payment is due until the date of actual payment (both after as well as before judgment) at a rate per annum of 4 per cent above the base rate from time to time. If we must recover the outstanding payment recovery costs are to be paid by you.

7. Transfer

7.1 If you wish to transfer to an alternative date for the same Course your request must:

  • 7.1.1 Be received no less than 14 days before the original Course start date; and
  • 7.1.2 State the date to which you wish to transfer to (which must be within twelve months of the original Course start date).
  • 7.2 The transfer option set out in clause 7.1 can only be used once.
  • 7.3 If you transfer to an alternative Course date you may not cancel your Booking under clause 8.

8. Cancellation by you

8.1 In the event you are a Consumer:

  • 8.1.1 You have the right to cancel the Agreement and receive a refund. You must inform us in writing if you wish to cancel within seven working days, starting on the day after the Agreement is concluded (the ‘Cooling Off Period’).
  • 8.1.2 If the Course start date occurs within the Cooling Off Period your cancellation rights will end when the Course starts.
  • 8.1.3 Your statutory rights are not affected.

8.2 Subject to clause 8.1, if you wish to cancel a Booking and your cancellation is received:

  • 8.2.1 More than 14 days before the Course start date we shall refund you the Course price (as applicable);
  • 8.2.2 Between 14 and 7 days before the Course start date we shall refund you 50% of the Course price (as applicable);
  • 8.2.3 Less than 7 days before the Course start date no refund shall be made.

9. Cancellation by us

9.1 All Courses are subject to availability and demand and it is your responsibility to confirm the status of a Course with our Course Bookings team prior to the Course start date.

9.2 We reserve the right at any time:

  • 9.2.1 To cancel Courses and refund in full. No further liability will be accepted.
  • 9.2.2 To vary Course dates, programmes, speakers and venues.

9.3 We shall endeavour to inform you as soon as possible of any Course cancellation or variation.

9.4 Although every effort has been made to ensure the accuracy of information contained within our literature and materials, including any Course description, we do not accept responsibility for any errors or omissions. We reserve the right to cancel any Booking for a Course where any such error or omission has occurred, even after we have accepted such a Booking.

10 Delegates

10.1 Prior to a Delegate attending a Course it is your responsibility to bring these Conditions to their attention.

10.2 You agree to indemnify us in respect of any loss, damage or injury caused to the property of us, our employees or any third party by the conduct, act or omission of a Delegate.

10.3 Delegates shall be required to comply with all the rules, procedures, policies and guidelines in place at the Course venue and/or our premises, including but not limited to health and safety and security procedures and our ‘Dignity and Respect’ guidelines.

10.4 Delegates are not allowed to bring the following on to our premises.

  • 10.4.1 Alcohol; or
  • 10.4.2 Any object that could be used to threaten or injure another person (including any knife or other type of sharply bladed or pointed object or gun or other firearm).

10.5 If we consider that a Delegate is not adhering to our Equal Opportunities and Diversity Policy and/or our ‘Dignity and Respect’ guidelines such Delegate may, at our sole discretion, be required to leave the Course and our premises (if applicable) immediately. We shall not be liable for any refund or compensation in such circumstances.

10.6 If we consider that:

  • 10.6.1 A Delegate is under the influence of drink or illegal substances, in possession of illegal substances, misusing legal substances, unsuitably dressed or behaving in a threatening, abusive or otherwise unacceptable manner; (summary of Alcohol, Drug and Substance Misuse and Weapons Policy) and/or
  • 10.6.2 A Delegate is a risk to the health and well-being of themselves and/or others; and/or
  • 10.6.3 A Delegate’s Course attendance times are unacceptable;

such Delegate shall be required to leave the Course and our premises (if applicable) immediately. Other than where a Delegate is required to leave for a reason outside their reasonable control, we shall not be liable for any refund or compensation in such circumstances.

10.7 Prior to making a Booking it is your responsibility to ensure that a Delegate has the:

  • 10.7.1 Physical ability; and/or
  • 10.7.2 Communication skills; and/or
  • 10.7.3 Literacy and/or numeracy skills;

that is/are required for a Delegate to attend and complete the Course on which they have been enrolled and for which we are not able to make Reasonable Adjustments.

10.8 If a Delegate does not possess the physical ability and/or the skills set out in clause 10.7 either

  • 10.8.1 In our reasonable opinion; and/or
  • 10.8.2 The Delegate’s opinion

and we have not been able to make Reasonable Adjustments such Delegate shall be required to leave the Course and our premises (if applicable) immediately. We shall not be liable for any refund or compensation in such circumstances.

10.9 If you and/or a Delegate have any doubts relating to the physical ability of a Delegate, reference should be made to a medical doctor. The onus is entirely with you and/or the Delegate to ensure that the Delegate has the physical ability required to attend a Course.

10.10 Subject to clause 6.5.3, for those Courses where a Course certificate is ordinarily issued, a Course certificate shall be issued to a Delegate who has, in our opinion, successfully completed and attended any such Course and, if relevant, attained a sufficient level of competence.

10.11 You shall forward on any issued Course certificate to the applicable Delegate.

11 Liability

11.1 Nothing in this Agreement is intended to limit liability for death or personal injury caused by our negligence.

11.2 Subject to clause 11.1 we shall not be liable to you:

11.2.1 For any indirect, special or consequential loss of any nature whatsoever; or

11.2.2 For any loss of profits, business, contracts, revenue, goodwill, contracts or anticipated savings or for any administrative inconvenience or disappointment.

11.3 Subject to clause 11.1, our liability to you in contract, tort or otherwise is limited to the Course price.

11.4 We accept no liability for any reliance placed upon the contents of any Course literature supplied. The said material is intended for reference purposes only and is not intended, nor should it be used, as a substitute for professional advice and judgement or to provide legal advice with respect to particular circumstances.

11.5 We shall not be liable for any loss or damage caused to a Delegate’s vehicle on our premises unless caused by our wilful misconduct.

11.6 We shall not be liable to you and/or a Delegate for any loss or damage to property caused by an event outside our reasonable control (including the misconduct or negligence of another delegate) or where the Delegate remains in exclusive charge of the property concerned. Delegates are recommended to have insurance in place to cover loss, damage or theft of their personal effects and money.

11.7 We shall not be liable to you for any delay or for the consequences of any delay in performing our obligations under this Agreement if such delay is due to any cause or circumstance beyond our reasonable control (including without limitation strikes and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident) and we shall be entitled to a reasonable extension of time for performing such obligations.

12 Data Protection

12.1 By booking a Course you consent to our processing the personal data you provide for the purposes set out in clause 12.3.

12.2 Where you provide us with an individual’s personal data you warrant and represent that you do so with their consent and that you have informed them of our identity and the purposes set out in clause 13.3 for which their personal data will be processed.

12.3 We may use the personal data you provide for the purposes of administration (including Delegate registration and recording of qualifications); statistical analysis; customer services and keeping you and/or a Delegate informed of our courses and services and those of third parties which we think may be of interest to you (if you and/or a Delegate do not wish to be contacted in this way you and/or a Delegate can contact us at any time). We may need to share such personal data with associated bodies and service providers for these purposes.

12.4 We may disclose personal data in order to comply with a legal obligation.

13 General

13.1 Without waiver or limitation of any rights or remedies we shall be entitled to set-off any and all monies owed by us to you against any and all monies owed by you to us under this or any other contract.

13.2 A person who is not a party to this Agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

13.3 The headings in this Agreement shall not affect its interpretation.

13.4 If any part of this Agreement is held to be illegal or unenforceable (including any provision in which we exclude our liability to you) the validity and enforceability of any other part of the Agreement will not be affected.

13.5 The Agreement between us shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes between us.

14 How to contact us

15.1   You can us by:
Email:  info@verticalaccess.co.uk
Phone: 01457 838 722

Fax: 01457 833881
Post: VERTICAL ACCESS LTD, Tame Bank, Unit E211 Warmco Industry Park, East Gate, Manchester Road, Mossley, OL5 9AY
Our office hours are 0900 – 1730 Monday to Friday excluding public holidays (in England and Wales)