This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) and services (Services) listed on our website (our site) to you. Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
If necessary please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1.Information about us
1.We operate the website www.technical-recreational-coaching.co.uk We are Technical Recreational Coaching - 'Tec Rec Coaching Ltd’, a company registered in England and Wales under company number 10832977 and with our registered office at The Moorings 15 Cecil Avenue Ashurst Southampton SO40 7BG.
2.GOODS AND SERVICES availability
1.Our site is only intended for use by people resident in the UK and Channel Islands only (Serviced Countries). We do not accept orders from individuals outside those countries. If you are outside the Countries mentioned above and you do wish to attend a course we will accept your booking only if you contact us first by either phone or email to discuss your requirements, we can not be held responsible for flights, travel costs, hotels, exchange rates and costs for transfering fees between Banks.
3.Your status
By placing an order for Products and/or Services through our site, you warrant that:
a.you are legally capable of entering into binding contracts;
b.you are at least 18 years old;
c.you are resident in one of the Serviced Countries; and
d.you are accessing our site from that country.
How the contract is formed between you and us AND YOUR RESPONSIBILITIES DURING THE PROVISION OF THE SERVICES
0.After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product and/or the Services. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation) and/or the Services will be provided. The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
1.The Contract will relate only to those Products and/or Services whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products and/or Services which may have been part of your order until the dispatch of such Products and/or Services has been confirmed in a separate Dispatch Confirmation.
2.You must accept responsibility for the proper conduct of yourself and any members or your party. We reserve the right in our absolute discretion to terminate without further notice the Contract between us and you if you refuse to comply with the instructions or orders of the skipper or any of our staff and/or agents and/or if your behaviour or competence in our or their opinion is likely to cause distress, danger or annoyance to the crew, other customers, staff any third party or property. Upon such termination our responsibility for your course ceases and we shall not be liable for any extra costs incurred by you.
Insurance
0.We will have and maintain public liability and employer’s liability insurance, however we do not insure for personal accident.
Consumer rights - Cancellation
0.If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products and/or booked the Services. In this case, you will receive a full refund of the price paid for the Products and/or Services in accordance with our refunds policy (set out below).
1.To cancel a Contract, you must inform us in writing. In the case of Products, you must also return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
Bookings / Cancellation.
0.To help you find the right course, please read each course description carefully. Once you've made your choice of course and dates, and have read the booking conditions, please make your booking with the appropriate payment. Bookings cannot be accepted without prior and appropriate payment. All course payments must be made prior to arrival.
1.We reserve the right to cancel your booking for the Services at any time and will refund you all sums already paid. If you wish to cancel your course this must be done in writing and will be effective from the date that it is received by us. If you cancel at least 30 days prior to your course start date you will have the option to rebook a new course or we will refund you 100% of the course fees paid less any payment charges (if relevant) eg PayPal. If you cancel less than 30 days prior to the course start date we will refund 50% of the course fee less any payment charges if we are unable to re sell your place, if you cancel less than 14 days prior to the course start date we are unable to refund 50% (mentioned above) of your course fee unless we are able to resell your place on the course. Refunds will be made after the commencement of the course.
Availability and delivery OF THE products and/or services
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances. We may change the specification of the vessel at any time in our absolute discretion.
Risk and title in the products
0.The Products will be your responsibility from the time of delivery.
1.Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Price and payment
0.The price of the Products and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
1.Product and Services prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
2.If a pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
3.Payment for all Products and/or Services must be by credit or debit card through PayPal. or Invoice
Our refunds policy
0.If you return a Product to us and/or cancel the Services:
a.because you have cancelled the Contract between us, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us.
b.for any other reason (for instance, because you have notified us in accordance with the Contract that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
1.We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
Warranty
We warrant to you that any Product purchased from us through our site (other than any Products which are sold described as “second hand”) will, on delivery and for the following 12 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. Any Products which are sold as seen will not be supplied with a warranty; however this does not affect your statutory rights.
Notices
All notices given by you to us must be given to Technical Recreational Coaching at info@technical-recreational-coaching.co.uk We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Transfer of rights and obligations
0.The contract between you and us is binding on you and us and on our respective successors and assignees.
1.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.
2.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.
Events outside our control
0.We will not be liable or responsible for any failure to perform, breakdown of craft/equipment or delay in performance of any activity, any of our obligations under a Contract that is caused by events outside our reasonable control,(Force Majeure Event).
1.A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
1.inclement weather, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
2.impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and
3.impossibility of the use of public or private telecommunications networks.
2.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. If we are unable to perform the Services due to Force Majeure we will rearrange the date of the relevant course at later date.
Waiver
0.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 will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
1.A waiver by us of any default will not constitute a waiver of any subsequent default.
2.No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Severability
If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
Entire agreement
0.These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
1.We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
2.Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
3.Nothing in this clause limits or excludes any liability for fraud.
Our right to vary these terms and conditions
0.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.
1.You will be subject to the policies and terms and conditions in force at the time that you order products from 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 orders 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 Dispatch Confirmation (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 Products and/or the date you booked the Services).
Accessing our site
0.Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
1.From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
2.If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
3.You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
0.We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
1.You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
2.You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
4.You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
5.If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Reliance on information posted
0.Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
1.Our site changes regularly. We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Our liability
0.The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy.
1.Nothing in the Contract excludes or limits our liability for:
.death or personal injury caused by our negligence;
a.fraud or fraudulent misrepresentation;
b.any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
c.defective products under the Consumer Protection Act 1987;
d.any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
2.Subject to clause 23.2 and to the extent permitted by law, we and third parties connected to us hereby expressly exclude:
•All conditions, warranties and other terms which might otherwise be implied by law;
•Any liability for any loss or damage caused by us or our agents in circumstances where there is no breach of legal duty or care owed to any user by us or by any of our employees or agents, such loss or damage is not a reasonably foreseeable result of any such breach and any increase in loss or damage resulting from breach by a user of any term of the Agreement.
3.Subject to clause 23.2 and 23.3, our liability to you is limited:
.in the case of the Services to 110% of the price paid or payable by you for the Services;
a.in the case of the Products, the price of the Products.
Information about you and your visits to our site
0.By using the services on our website, you consent to the collection, use and disclosure of your personal information (Personal Information) in the manner described below.
1.Personal Information may be requested whenever you choose to request information about our services. The type of Personal Information we may request will be tied to the type of service you are using but may include:
•your name and contact information (including e-mail address) and any other details you provide to us; and
•records of any correspondence when you contact us.
2.Where you provide us with information which identifies individuals other than yourself (for example, their name and address), you confirm that you have the consent of those people to provide us with that information.
3.We use Personal Information to communicate with you by email and/or post regarding the services you request and to inform you of site changes. We use your e-mail and mailing address to inform you of site changes and provide you with the services you request.
4.Opt out: You will be given the opportunity to opt out of receiving any communication from us.
5.E-mail reminders and opt in: From time to time we may send you information about our services, special offers, or other information which we think you might find interesting. In order to receive these e mails from us you must opt in to receive communications from us. If at any point you decide to opt out we will not be able to send you any information.
Viruses, hacking and other offences
0.You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
1.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 our site will cease immediately.
2.We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
0.You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site other than that set out above, please address your request to info@corprate-energising.com
Links from our site
0.Where our 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.
Jurisdiction and applicable law
0.The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
1.These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Third party rights
0.A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
Your concerns
0.If you have any concerns about material which appears on our site, please contact us at the address above.
RYA Interactive
To enable access to your online course we need to share some of your personal data with the RYA via your user profile in www.ryainteractive.org. This learning management website is hosted and maintained by a third party called Learning Pool, who will not use your personal information for any reason other than enabling your course.
Your name and email address will be entered on www.ryainteractive.org in order to create your user account. On your first access to the site, you will be asked to enter your address and date of birth. You will have access to the site for one year in order to complete your online course. During this period, your personal information will be held on the website by Learning Pool and be available to this training centre and the RYA for the purpose of managing your course.
Instructional support will be provided by this training centre for a period of One Year from the date of your course booking.
On completion of your course, your name, email, date of birth and address will be transferred to the RYA's central database for the purpose of recording details of the course and any certification you gain as a result of it. This information allows the RYA to record your certification, to update any records they may already hold about you or your qualifications and to verify your certificate if required. After one year from the date of your enrolment on the course, your user account will be removed from www.ryainteractive.org.
Full details of how the RYA will deal with your personal information will be displayed when you first access www.ryainteractive.org.