1. Definitions

These are the terms and conditions governing the provision of training and educational services by Centre for Mental Health Education or its subcontractors with the exclusion of any other oral or written statement or agreement.

• ‘Client or Customer’ means a company or individual that completes a course booking form or enters into a contractual arrangement.

• ‘Delegate’ means the party or parties named as attendees on the course booking form.

• ‘Invoice’ means an invoice for the charges delivered by Centre for Mental Health Education to the customer.

2. General

These Terms and Conditions shall apply to all training and educational services carried out in the provision of services by Centre for Mental Health Education to the Customer in accordance with any order confirmation authorised by the Customer. No additions to, or modifications of, these Terms and Conditions shall have effect unless expressly agreed in writing by both parties and expressed to be amendments to these Terms and Conditions. Centre for Mental Health Education employees or agents are not authorised to make any representations whatsoever concerning the provision of services unless confirmed by Centre for Mental Health Education in writing. The Customer acknowledges that it does not rely on, and waives any breach of, any such representations that are not so confirmed.

3. Acceptance of order

i. Bookings can be accepted at any time up to 48 hours before the course start date, subject to availability.

ii. An official confirmation must be received from the Customer in order to reserve a place. Prior to your confirmation, your place is only held provisionally.

iii. Confirmed bookings can be made by letter, fax or email (provisional bookings can be made by telephone, email or via our on-line service). Bookings will only be confirmed on receipt of written authorisation plus deposit or if booked within 14 days of the start date full payment.

4. Substitutions, Rescheduling and Cancellations

i. Delegate/Attendee substitutions may be made prior to the start of the course without penalty, providing Centre for Mental Health Education is informed in writing. It is the Customer’s responsibility, having referred to relevant Centre for Mental Health Education course information, to ensure the course is suitable for the participant’s requirements.

ii. Bookings rescheduled by the customer within one to seven days of the commencement date of the course will incur a 30% transfer fee plus any price difference in the new course fee.

iii. Bookings transferred by the customer more than seven days before the commencement date of the course will incur a 15% transfer fee, however the transfer must take place within 3 months of the commencement date of the original course.

iv. Transfer requests received once a course has commenced are not acceptable and will be considered to be a cancellation and will be subject the terms and conditions regarding cancellations.

v. In the event that a customer cancels a booking for which a transfer has taken place, this will incur a minimum 50% cancellation fee (see below).

vi. In all circumstances Centre for Mental Health Education require written notification of any transfers. vii. Cancellations by customers made more than thirty days before course commencement will not incur cancellation charges.

viii. Cancellations within one to seven days of course commencement will incur a 100% cancellation fee, between eight and thirty days will incur a 50% cancellation fee.

ix. In all circumstances Centre for Mental Health Education require written notification of any cancellations.

x. Centre for Mental Health Education undertakes to provide the training course on the date specified except when external circumstances prevent this. In these circumstances Centre for Mental Health Education will endeavour to re run the course on a mutually agreeable basis.

xi. Centre for Mental Health Education reserves the right to cancel a course, though we make every effort to ensure this does not occur. In the event of a course being cancelled by Centre for Mental Health Education, alternative dates will be proposed or a full refund of monies paid will be made to the customer. xii. Centre for Mental Health Education takes no responsibility for loss of profit and/or for any incidental, consequential special or indirect losses as a consequence of exceptional cancellations.

5. Sub-contracting

Centre for Mental Health Education reserves the right to assign or sub contract its training courses to other appointed and approved personnel

6. Pricing and Payment terms

i. All course fees are fixed and published by Centre for Mental Health Education, however Centre for Mental Health Education reserves the right to review and change prices.

ii. A (non-returnable) deposit of 20% will be payable upon receipt of written authorisation from the client.

iii. Payment of the course fee, together with the GST, should be received by Centre for Mental Health Education 30 days prior to the course start date or on booking, whichever is the later.

iv. No training services will be provided unless payment conditions have been satisfied.

v. All prices quoted are exclusive of GST, which will be charged at the prevailing rate.

vi. Payment can be made by Bank transfer, bank cheque, cash or money order. Credit card payments may incur up to a 2% surcharge on the gross amount.

7. Course content

Our course listing is provided for information purposes only and does not constitute an offer for a particular course or programme. Centre for Mental Health Education constantly strives to improve the content of its courses and therefore reserves the right to modify the specification of a course without notice to the Customer. A course title, duration, cost, content and location are liable to change at any time.

8. Delegate/Attendee Suitability

i. It is the Customer’s responsibility to ensure that the course is suitable for their requirements. All delegates/attendees should have read and understood the course outline and met the necessary prerequisites.

ii. Centre for Mental Health Education reserves the right to ask a delegate/attendee to leave the training event if the delegate/attendee does not meet the course prerequisites.

iii. Centre for Mental Health Education urges clients to support this policy, which is designed to protect the Customer’s investment.

iv. All delegates/attendees will be required to abide by any site rules and regulations operating at the course location.

9. Force Majeure

Centre for Mental Health Education shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from, hindered in or delayed in the provision of services through any circumstances beyond its reasonable control including but not limited to strikes, lock outs, accidents, war, fire, acts of God, reduction in or unavailability of power, break down of plant or machinery or shortage or unavailability of raw materials from normal sources of supply.

10. Limitation of Liability and Indemnities

i. Except as may otherwise be expressly provided in these Terms and Conditions, all warranties, conditions, terms, undertakings and representations of any kind whatsoever, express or implied, whether by statute, common law or otherwise, are hereby excluded by Centre for Mental Health Education to the fullest extent permitted by law and Centre for Mental Health Education shall have no other obligation, duty or liability whatsoever in contract, tort, statute or otherwise to the Customer.

ii. Centre for Mental Health Education represents and warrants that the services provided will be performed in a professional and skilful manner consistent with the professional standards and the general customs and practices of the industry.

iii. Centre for Mental Health Education’ maximum aggregate liability for any and all losses, claims, demands, damages, costs and/or expenses of any kind whatsoever arising out of or in connection with any order confirmation and/or these Terms and Conditions (whether in contract, tort, by statute or otherwise) shall not, in total, exceed the amount actually paid by the Customer to Centre for Mental Health Education for the services which are the subject of the order confirmation in question.

iv. Without prejudice to the generality of the foregoing, Centre for Mental Health Education shall not be liable to the Customer (whether in contract, tort, by statute or otherwise) for loss of profits and/or for any incidental, consequential, special or indirect loss or damage arising out of or in connection with any order confirmation and/or these Terms and Conditions, including but not limited to:

(a) loss of use;

(b) loss of goodwill;

(c) loss and/or corruption of data;

(d) loss of information;

(e) loss of business;

(f) loss of goods;

(g) loss of anticipated savings;

(h) loss of revenue;

(i) downtime;

(j) any damage relating to the procurement by the Customer of any substitute services.

v. For the avoidance of doubt, neither the types of loss and/or damage specified in sub-clauses 12.5 (a) through (j) inclusive above nor any similar types of loss and/or damage shall constitute direct loss for the purposes of these Terms and Conditions and/or any order confirmation.

vi. For the avoidance of doubt, nothing in these Terms and Conditions and/or any order confirmation shall restrict and/or exclude in any way Centre for Mental Health Education’ liability for (a) death or personal injury resulting from the negligence of Centre for Mental Health Education, its officers and/or employees; and/or (b) fraudulent misrepresentation. The Customer is liable for any loss, damage or injury to Centre for Mental Health Education staff or their property which may arise whilst working at the Customer location and is due to negligence or breach of statutory duty by the Customer.

vii. Centre for Mental Health Education accepts no liability for the failure of any third party hardware, software and/or systems which may be the subject of any Centre for Mental Health Education services: this includes failure to meet its operating specification.

viii. No part of the training material may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means, electronic, mechanical, photocopying, or otherwise, without prior permission in writing of Centre for Mental Health Education or the copyright owner.

ix. All Intellectual Property Rights for any product or service remain the property of Centre for Mental Health Education unless otherwise stated or agreed.

Disclaimer:

The information contained in all Centre for Mental Health Education coursework & literature is distributed on an “As Is” basis, without warranty. While every precaution has been taken in the preparation of the training courses and associated literature, neither the author nor Centre for Mental Health Education shall have any liability to any person or entity with respect to any loss or damage caused or alleged to be caused directly or indirectly by the instructions contained in the coursework or by the computer software and hardware products described in it.