Welcome to the Smarter Brain Company website Terms and Conditions for
These terms and conditions apply to the use of this website at www.smarterbrain.co.uk.
By accessing this website and/or placing an order, you agree to be bound
by these terms and conditions. Using this website indicates that you accept
these terms regardless of whether or not you choose to register with us
or order from us. if you do not accept these terms, do not use this
The www.smarterbrain.co.uk website is operated by The Smarter Brain Company
Ltd, a company registered in England and Wales, whose registered office
32 The Ridgeway, Worcester, Worcestershire, United Kingdom, WR5 2DA.
Our company registration number is 425 8945.
Our VAT registration number is 792 6742 86
We are a member of the following trade associations/professional bodies:
Federation of Small Businesses
Our contact details are as follows:
Trading address: 32 The Ridgeway, Worcester, Worcestershire, United
Kingdom, WR5 2DA.
You will be able to access most areas of this Website without
registering your details with us. Certain areas of this Website
are only open to you if you register.
We may revise these terms and conditions at any time by updating
this posting. You should check this Website from time to time to
review the then current terms and conditions, because they are binding
on you. Certain provisions of these terms and conditions may be
superseded by expressly designated legal notices or terms located
on particular pages of this Website. If you do not wish to accept
any new terms and conditions after we have given notice, you should
not continue to use this Website.
ORDERING FROM US
You are deemed to place an order with us by ordering via our
online checkout process. As part of our checkout process you will
be given the opportunity to check your order and to correct any
errors. We will send you an order acknowledgement, detailing the
course you have booked.
Our acceptance of an order takes place when we send you a confirmation
We may refuse to accept an order:
where places are not available;
where we cannot obtain authorisation for your payment;
if there has been a pricing or product description error;
if you do not meet any eligibility criteria set out in our
terms and condition
All prices include VAT (where applicable) at the current rates.
We reserve the right to express the price exclusive of VAT, but
we shall show VAT separately and include it in the total price.
Our prices are reviewed periodically and the next review will
be on 17/03/2007.
The Smarter Brain Company reserves the right to cancel or alter
the dates or provision of service, the venues and the individual
or organisation providing the service. In the event of cancellation,
bookings will normally be transferred to the next available course
unless the client specifically requests otherwise.
The purchase price of the training course is non-refundable. If
you are unable to attend, you can apply to attend on another advertised
date. There is no charge for this, other than a £20 administrative
charge. The provisions of this clause does not affect your statutory
The applicant acknowledges that all course material, program material
or copies thereof are the property of the Smarter Brain Company
(or it's representatives) and remain the property of the Smarter
Brain Company, and are subject to copyright in favour of the Smarter
Brain Company (or it's representatives). Neither the applicant nor
his/her representatives will copy the whole or any part of those
materials without the written consent of the Smarter Brain Company.
You are permitted to print and download extracts from this Website
for your own use on the following basis:
no documents or related graphics on this Website are modified
in any way;
no graphics on this Website are used separately from accompanying
any of our copyright and trade mark notices and this permission
notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual
property rights in all material on this Website (including without
limitation photographs and graphical images) are owned by us or
our licensors. For the purposes of these terms and conditions, any
use of extracts from this Website other than in accordance with
clause 5.1 above for any purpose is prohibited. If you breach any
of the terms in these terms and conditions, your permission to use
this Website automatically terminates and you must immediately destroy
any downloaded or printed extracts from this Website.
Subject to clause 6.1, no part of this Website may be reproduced
or stored in any other website or included in any public or private
electronic retrieval system or service without our prior written
Any rights not expressly granted in these terms are reserved.
While we endeavour to ensure that this Website is normally available
24 hours a day, we will not be liable if for any reason this Website
is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair or for
reasons beyond our control.
VISITOR MATERIAL AND CONDUCT
Other than personally identifiable information, which is covered
material you transmit or post to this Website will be considered
non-confidential and non-proprietary. We will have no obligations
with respect to such material. We and our nominees will be free
to copy, disclose, distribute, incorporate and otherwise use such
material and all data, images, sounds, text and other things embodied
therein for any and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from this
Website any material:
that is threatening, defamatory, obscene, indecent, seditious,
offensive, pornographic, abusive, liable to incite racial hatred,
discriminatory, menacing, scandalous, inflammatory, blasphemous,
in breach of confidence, in breach of privacy or which may cause
annoyance or inconvenience;
for which you have not obtained all necessary licences and/or
which constitutes or encourages conduct that would be considered
a criminal offence, give rise to civil liability, or otherwise
be contrary to the law of or infringe the rights of any third
party, in the UK or any other country in the world; or
which is technically harmful (including, without limitation,
computer viruses, logic bombs, Trojan horses, worms, harmful
components, corrupted data or other malicious software or harmful
You may not misuse the Website (including, without limitation,
We will fully co-operate with any law enforcement authorities
or court order requesting or directing us to disclose the identity
or locate anyone posting any material in breach of clauses 8.2 or
LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on this website are provided solely
for your convenience. If you use these links, you leave this Website.
We have not reviewed all of these third party websites and do not
control and are not responsible for these websites or their content
or availability. We therefore do not endorse or make any representations
about them, or any material found there, or any results that may
be obtained from using them. If you decide to access any of the
third party websites linked to this Website, you do so entirely
at your own risk.
If you would like to link to this Website, you may only do so
on the basis that you link to, but do not replicate, the home page
of this Website, and subject to the following conditions:
you do not remove, distort or otherwise alter the size or
appearance of the Smarter Brain Company logo;
you do not create a frame or any other browser or border environment
around this Website;
you do not in any way imply that we are endorsing any products
or services other than our own;
you do not misrepresent your relationship with us nor present
any other false information about us;
you do not otherwise use any Smarter Brain Company trade marks
displayed on this Website without our express written permission;
you do not link from a website that is not owned by you; and
your website does not contain content that is distasteful,
offensive or controversial, infringes any intellectual property
rights or other rights of any other person or otherwise does
not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in
this clause 9.2 for breach of these terms and to take any action
we deem appropriate.
You shall fully indemnify us for any loss or damage we or any
of our group companies may suffer or incur as a result of your breach
of clause 9.2.
To register with www.smarterbrain.co.uk you must be over eighteen
years of age.
Each registration is for a single user only. We do not permit
you to share your user name and password with any other person nor
with multiple users on a network.
Responsibility for the security of any passwords issued rests
with you and if you know or suspect that someone else knows your
password, you should contact us immediately.
We may suspend or cancel your registration immediately at our
reasonable discretion or if you breach any of your obligations under
these terms and conditions.
While we endeavour to ensure that the information on this Website
is correct, we do not warrant the accuracy and completeness of the
material on this Website. We may make changes to the material on
this Website, or to the products and prices described in it, at
any time without notice. The material on this Website may be out
of date, and we make no commitment to update such material.
The material on this Website is provided "as is" without
any conditions, warranties or other terms of any kind. Accordingly,
to the maximum extent permitted by law, we provide you with this
Website on the basis that we exclude all representations, warranties,
conditions and other terms (including, without limitation, the conditions
implied by law of satisfactory quality, fitness for purpose and
the use of reasonable care and skill) which but for these terms
and conditions might have effect in relation to this Website.
We, any other party (whether or not involved in creating, producing,
maintaining or delivering this Website), and any of our group companies
and the officers, directors, employees, shareholders or agents of
any of them, exclude all liability and responsibility for any amount
or kind of loss or damage that may result to you or a third party
(including without limitation, any direct, indirect, punitive or
consequential loss or damages, or any loss of income, profits, goodwill,
data, contracts, use of money, or loss or damages arising from or
connected in any way to business interruption, and whether in tort
(including without limitation negligence), contract or otherwise)
in connection with this Website in any way or in connection with
the use, inability to use or the results of use of this Website,
any websites linked to this Website or the material on such websites,
including but not limited to loss or damage due to viruses that
may infect your computer equipment, software, data or other property
on account of your access to, use of, or browsing this Website or
your downloading of any material from this Website or any websites
linked to this Website.
Nothing in these terms and conditions shall exclude or limit our
death or personal injury caused by negligence (as such term
is defined by the Unfair Contract Terms Act 1977);
misrepresentation as to a fundamental matter; or
any liability which cannot be excluded or limited under applicable
If your use of material on this Website results in the need for
servicing, repair or correction of equipment, software or data,
you assume all costs thereof.
You agree to indemnify us fully, defend and hold us, and our officers,
directors, employees and agents, harmless from and against all claims,
liability, damages, losses, costs (including reasonable legal fees)
arising out of any breach of the terms and conditions by you, or
your use of this Website, or the use by any other person using your
GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed
in accordance with English law. Disputes arising in connection with
these terms and conditions shall be subject to the exclusive jurisdiction
of the English courts.
We do not warrant that materials/items for sale on the Website
are appropriate or available for use outside the United Kingdom.
It is prohibited to access the Website from territories where its
contents are illegal or unlawful. If you access this Website from
locations outside the United Kingdom, you do so at your own risk
and you are responsible for compliance with local laws.
You may not assign, sub-license or otherwise transfer any of your
rights under these terms and conditions
If any provision of these terms and conditions is found by any
court of competent jurisdiction to be invalid, the invalidity of
that provision will not affect the validity of the remaining provisions
which shall continue to have full force and effect.
Only the parties to these terms and conditions may seek to enforce
them under the Contracts (Rights of Third Parties) Act 1999.