These terms and conditions (“Terms”) apply to each eTraining course (“Course”) provided by Back Academy Limited, a limited company registered in England and Wales (company number 12695777) whose registered office is Back Academy Limited, The Printworks, Ribble Valley Enterprise Park, Hey Road Clitheroe, Lancashire, BB7 9WD (“Back Academy” or “we” or “us”).
Please read the Terms carefully before accessing the events and/or eTraining section of our website or the site or portal where the training is hosted (“Site”). By accessing the Site (which includes visiting, registering for, purchasing or accessing a Course) you acknowledge that you have read and understood the Terms, and accept and agree to the Terms. If you do not agree to the Terms, you must not access the Site.
We reserve the right to make changes to the Terms and will notify you of any amendments to the Terms by email. Your continued use of the Site will indicate your conclusive acceptance of the revised Terms.
Booking and payment
1.1 By making payment for a Course through our World Pay booking portal or any other third-party payment facility we may use from time to time, you acknowledge that you have read and understand the Terms which apply to the booking of a Course (“Booking”) and accept the Terms.
1.2 Confirmation of your payment for the Course will be emailed to you on receipt of your payment.
1.3 Your Booking will only be deemed to be accepted when Back Academy issues an email confirmation of your Booking which will include further details on accessing the Course.
1.4 Course registrations cannot be transferred to another Course or to a face-to-face course. Bookings are not transferable.
Cancellation of a course
2.1 Back Academy reserves the right to cancel or re-schedule any Course if necessary. In the case of cancellation by Back Academy a full refund of the Course fees will be made. In the event a Course is re-scheduled, the Course fees will be transferred to the new date. If you cannot attend on the revised date you should follow the cancellation procedure in clause 2.3.
2.2 No refund will be given if Back Academy has reason to believe that you have accessed or viewed any of the Course content that you have purchased.
2.3 All cancellations must be received in writing (by post or email) 48 hours before the Course commences. If you cancel within 48 hours of the start time for the Course, you will not receive a refund.
2.4 If you cannot access the Course online via the Site due to technical difficulties, Back Academy will not be able to provide a refund. It is your responsibility to test your system for any compatibility issues prior to Booking.
3.1 The Course content is the property of Back Academy and the Course content should only be viewed by the individual who has been sent the email confirmation following the Booking, pursuant to clause 1.3.
3.2 You understand that Back Academy shall retain all intellectual property rights for content on the Site and agree to use the Course content for your own learning. You may not copy, share, modify, transmit, distribute, or in any way, exploit the Course content for any other purpose.
3.3 Back Academy does not warrant that the Course content will be error free, nor free of viruses, or other harmful matter. The entire cost of any necessary service, repair, or correction, is your responsibility.
3.5 Back Academy may make improvements, or changes, to the Course content at any time without prior notification.
3.6 Back Academy will use all commercially reasonable efforts to provide uninterrupted access to the Course. However, in the event that you are be unable to access the Course due to circumstances beyond Back Academy’s control, Back Academy will take all commercially reasonable steps to ensure access is restored within a reasonable period of time and ensure that you receive the Course content. Such circumstances include, but are not limited to: acts of God, power outages, and the acts of computer hackers and others acting outside the law, software issues, server downtime, increased internet traffic or downtime, programming errors, regular maintenance of the system, and other related issues.
4.1 Your information will be held by us. For the purposes of the Data Protection Act 1998 and the General Data Protection Regulation ((EU) 2016/679) (“Data Protection Legislation”), we are the data controller, and we agree to comply with our obligations under the Data Protection Legislation.
4.2 We may store the personal data you have provided on our system but this personal data will not be kept for any longer than is needed. The length of time will depend upon whether we have a business need for keeping the information and/or if the law requires that we keep the information for a particular length of time.
4.3 You will ensure that you have all necessary and appropriate consents and notices in place to enable lawful transfer of any personal data to Back Academy in relation to the Booking.
4.5 We often record Courses. By booking the Course, you acknowledge that you understand that we may share recorded Courses with attendees and other third parties, and consent to us doing this.
Limitation of liability
5.1 The Course is an eTraining course and not bespoke legal advice tailored to your situation. If you require legal advice please contact us separately.
5.2 The Course is provided without warranty of any kind, express, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties’ rights are specifically excluded.
5.3 Back Academy does not warrant any particular result from use of the Site and we do not warrant that the information on the Site or any information found on a link located on the Site is accurate, complete or complies with any particular law or regulation, or that the operation of and your access to the Site will be uninterrupted, error-free, virus-free or completely secure.
5.4 Your use of the Site is at your sole risk and any content that you download is downloaded at your own discretion and risk. You are solely responsible for any damage to your computer and for any loss of data that results from the downloading of any such content, including any damage resulting from computer viruses.
5.5 Subject to clause 5.7, Back Academy’s total liability to you in respect of any losses arising from your Booking, including in respect of actions carried out by third parties on behalf of Back Academy, whether in contract, tort (including negligence or breach of statutory duty), or otherwise shall be limited to the price paid by you for the Course.
5.6 Subject to clause 5.7, Back Academy shall under no circumstances be liable to the you, whether in contract, tort (including negligence or breach of statutory duty), or otherwise, for loss of profits, loss of business; depletion of goodwill and/or similar losses, loss of contract, loss of use, loss of corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
5.7 Nothing in these Terms limits or excludes the liability of either party for death or personal injury resulting from negligence, or any damage or liability incurred by the other party as a result of fraud or fraudulent misrepresentation by that party.
6.1 These Terms set out the entire agreement between you and Back Academy and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between yourself and Back Academy, whether written or oral, relating to the Course.
6.2 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms.
6.3 These Terms shall be governed by and construed in accordance with the law of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales
6.4 You agree and accept that you are accessing the Course in your capacity as an employee, manager or owner of a trading business in order to carry out that business, and accordingly you are not an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession.