Terms and Conditions
COURSE, BUNDLE & SUBSCRIPTION TERMS AND CONDITIONS
Version: July 7 2020
These terms and conditions apply to the sale of any course, bundle or subscription. Please read these terms and conditions carefully before purchasing. By ordering a course, bundle or subscription, you are confirming your agreement to be bound by these terms and conditions.
Order
1.1 When you place an order for a course, bundle or subscription, you are offering to purchase that course, bundle or subscription on these terms. Best Practice Health Care Ltd. reserves the right to decline or cancel your order, or any part of your order.
1.2 Following receipt by Best Practice Health Care Ltd. of your order for a course, bundle or subscription you will receive an email confirming that your order has been received by Best Practice Health Care Ltd. Your order will be subject to acceptance by Best Practice Health Care Ltd. of your offer to purchase in accordance with Clause 1.3 below.
1.3 A legally binding agreement shall not come into existence until Best Practice Health Care Ltd. has accepted your offer to purchase a course, bundle or subscription by:
(i) sending you a separate order acceptance confirmation email which will be effective upon sending to you at the email address you have provided, and
(ii) receiving payment for the course, bundle or subscription in cleared funds from yourself or if applicable your employer in accordance with Clause 2.6 below.
1.4 Best Practice Health Care Ltd. reserves the right to withdraw at any time courses advertised for sale on the website and/or the brochure.
1.5 From time to time at the discretion of Best Practice Health Care Ltd., workshops will be provided for all students on a course, bundle or subscription and these terms and conditions shall apply thereto.
Payment Terms
2.1 The fee for any course, bundle or subscription at any given time will be displayed on the website. Fees are quoted in Euro, exclusive VAT and exclusive of any additional charges.
2.2 If you purchase a course, bundle or subscription on the Website:
2.2.1 the fee including VAT and any delivery charges payable in relation to delivery of Study Materials, if applicable, will be shown prior to completion of the online transaction; and
2.2.2 Best Practice Health Care Ltd. will debit the fee from your credit card or debit card on or after the day you make an order for a course, bundle or subscription. Credit or debit card details are collected over a secure link and an authorised amount verification is taken immediately. Your order will be confirmed only upon receipt of the fee in cleared funds by Best Practice Health Care Ltd. and will be subject to acceptance of your offer to purchase by Best Practice Health Care Ltd. in accordance with Clause 1.3.
2.3 In the unlikely event that due to a technical error, the amount of the fee displayed on the website is incorrect, Best Practice Health Care Ltd. will notify you as soon as it reasonably can. If the correct amount of the fee is higher than the amount displayed on the website, Best Practice Health Care Ltd. will contact you to notify you of the correct fee, so you can decide whether or not you wish to continue with your order of the course, bundle or subscription at the increased fee.
2.4 Pursuant to Clause 2.3 if you decide you want to cancel your order Best Practice Health Care Ltd. will give you a full refund in respect of any amount you have already paid in accordance with Clause 3. If the correct fee is lower, Best Practice Health Care Ltd. will refund you the difference only between the amount which you have paid and the correct fee payable.
2.5 The provision of the course, bundle or subscription is contingent upon Best Practice Health Care Ltd. having received cleared funds in respect of the fee for the relevant course, bundle or subscription. Without prejudice to Best Practice Health Care Ltd.'s rights and remedies under these terms, if any sum payable is not paid in cleared funds on or before the due date (being the date the course, bundle or subscription is booked), Best Practice Health Care Ltd. reserves the right, forthwith and at Best Practice Health Care Ltd.'s sole discretion, to suspend the provision to you and refuse you entry to the relevant course, bundle or subscription.
2.6 A student, upon accepting a place on the course, bundle or subscription, will become liable immediately for the full fees due. On accepting a place, Best Practice Health Care Ltd. provide access to an on-line learning to aid preparation for the course, bundle or subscription and to support continuous professional development (CPD).
2.7 Students may be offered payment options set out in a fee schedule. Once a payment plan has been agreed, this cannot be changed by the student, except for in extenuating circumstances that are agreed with Best Practice Health Care Ltd. in writing. Best Practice Health Care Ltd. reserves the right to charge an administration fee to alter the payment schedule.
2.8 In the case of annual subscriptions, the minimum subscription period is 12 months. Subscriptions must be paid in full annually.
2.9 Any student who fails to settle the charges within the prescribed dates will be liable to suspension from the course, bundle or subscription and will then have his/her registration cancelled after 14 days written notice from Best Practice Health Care Ltd. Suspension from the course, bundle or subscription means a total prohibition on attendance at the residential courses and access to the course, bundle or subscription platform. . It can take five working days to reinstate full access to all course, bundle or subscription platforms from the date payment is applied to the student’s account.
2.10 A student who has not settled all outstanding debts or other financial obligations to Best Practice Health Care Ltd. or educational partner will be liable to suspension and cancellation of registration and, in any event, will not be permitted to continue with the course, bundle or subscription, bundle or subscription and will not be refunded any payments already made, nor have the marks for any examination or assessment they have taken ratified by the board of examiners.
2.11 You are liable for all transactions carried out by you or by anyone carrying out a transaction with your authority or express or implied consent, regardless of when the transaction is processed to your account.
2.12 You should check your statements and records carefully. If you believe a transaction is wrong or unauthorised you should contact us immediately.
2.13 All bank charges must be paid by the student.
Cancellation Policy
3.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("Consumer Contracts Regulations") you may cancel your purchase of the course, bundle or subscription within a period of 14 calendar days ("Cancellation Period") from the date on which the contract is concluded.
3.2 You must inform Best Practice Health Care Ltd. of your decision to cancel by using one of the following methods within the Cancellation Period:
Submit a support ticket at https://bestpracticehealthcare.freshdesk.com/
3.3 On cancellation you will be entitled to a full refund of the Fees;
3.4 If you cancel a course, bundle or subscription after the Cancellation Period, no refund will be payable.
3.5 The student has the right to cancel within 14 days from the date of purchase of the course, bundle or subscription however, no refunds will be given once the start button of the course, bundle or subscription has been pressed.
3.6 In the event of cancellation, the student shall not be permitted any further access to the course material.
3.7 Best Practice Health Care Ltd. may cancel a course, bundle or subscription at any time for any reason and in that event shall be liable only to repay to the student the amount of the course, bundle or subscription fee paid by him or her and Best Practice Health Care Ltd. shall not be liable for any loss or damage or consequential loss howsoever arising and suffered by the student as a result of the said cancellation.
3.8 Best Practice Health Care Ltd. reserves the right to use its discretion to determine whether to make refunds and/or deferrals in exceptional circumstances which fall outside Clause 3 and to charge an additional fee in any such event to cover the administration costs incurred by Best Practice Health Care Ltd. Any such additional fees will be communicated to you before you make your decision.
3.9 Your order of a course, bundle or subscription is personal to you and you will not be permitted to transfer your enrolment on a course, bundle or subscription to any other student.
Data Protection
4.1 Best Practice Health Care Ltd. will process the information it receives from you or otherwise holds about you in accordance with these Terms and the privacy policy (insert link?). You consent to the use by Best Practice Health Care Ltd. of such information in accordance with these Terms and Best Practice Health Care Ltd.'s Privacy Policy. Best Practice Health Care Ltd. will use such information including but not limited to:
4.1.1 Perform its obligations and enforce its rights under these Terms;
4.1.2 contact you by email, telephone or post to inform you about other products or services which may be of interest to you;
4.1.3 communicate with your sponsor regarding your progress, results and attendance;
4.1.4 inform you of feedback and examination results;
4.1.5 Best Practice Health Care Ltd. may share your information with its agents and service providers for these purposes; and
4.1.6 as set out in further detail in Best Practice Health Care Ltd.'s privacy policy (insert link?)
Intellectual Property
5.1 All content included, such as, text, graphics, logos, button icons, images, audio clips and software on the Site ("Content") is our property or the property of our suppliers and/or licensors (unless expressly indicated otherwise) and is protected by applicable copyright and/or other intellectual property laws.
5.2 All trademarks displayed on the Site are trademarks of Best Practice Health Care Ltd. or their respective owners. Nothing contained on the Site should be construed as granting any license or right of use of any trademark displayed on the Site without the express written permission of Best Practice Health Care Ltd. or third-party owner.
5.3 At all times, Best Practice Health Care Ltd. and/or its licensors, remain the owner of the intellectual property in the Courses and the Study Materials. No course, bundle or subscription and/or Study Materials content, nor any part thereof may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior written permission of Best Practice Health Care Ltd.
5.4 In consideration of receipt by Best Practice Health Care Ltd. of the Fee, Best Practice Health Care Ltd. grants to you a non-exclusive, non-transferable licence to use the Study Materials content for the sole purpose of studying for the Classroom Course and/or the Online course, bundle or subscription. For Online Study Materials the licence granted is to use the Online Study Materials on one computer only.
5.5 You may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the Study Materials. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Study Materials or create derivative works based on the whole of or any part, or which incorporate, the Online Study Materials into any software program or distribute this Content in any way except as expressly provided for on the Site or expressly authorised in writing by Best Practice Health Care Ltd. Strictly on the condition that you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices and all advertisements), you may:
(i) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or
(ii) if you are an Internet service and/or access provider, supply the Content to your subscriber.
5.6 You must not use the Site in any manner or for any purpose which is unlawful or in any manner which violates any right of Best Practice Health Care Ltd. or which is prohibited by the Terms and Conditions.
5.7 Use of the Study Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either Best Practice Health Care Ltd.'s copyright or Best Practice Health Care Ltd. 's other intellectual property rights, and/or the copyright or other intellectual property rights of Best Practice Health Care Ltd.'s licensors.
LINKS TO OTHER WEBSITES
5.8 The Site contains hyperlinks and other pointers to Internet web sites operated by third parties. These linked web sites are not under the control of Best Practice Health Care Ltd., and Best Practice Health Care Ltd. is not responsible for the contents of any linked web site or any hyperlink contained in a linked web site. Best Practice Health Care Ltd. provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked web site by the Best Practice Health Care Ltd.
5.9 You may link to the home page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 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 to the Site in any website that is not owned by you. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.
5.10 If you wish to make any use of content on the Site other than that set out above, please contact support@bestpracticehealthcare.ie
Limitation of Liability
6.1 We will make all reasonable effort to ensure that the Site is available 24 hours a day, seven days a week. However, electronic services are subject to interruption or breakdown. You hereby acknowledge and agree that the Site is available for use ‘as is’ and ‘as available’, with no warranties of any kind whatsoever and that, without prejudice to the generality of the foregoing, we make no warranty regarding, and shall have no responsibility for, the accuracy, availability, reliability, security, fitness for purpose or performance of the Site or the contents thereof.
6.2 You acknowledge and agree that we may temporarily suspend access to the Site for any reason without notice, including but not limited to where there is a breakdown, error, defect or malfunction of any part of the Site.
6.3 Except as expressly set out in these Terms and Conditions, all representations, warranties, terms and conditions whether express or implied in relation to the Site or the information contained herein are hereby excluded to the fullest extent permitted by law.
6.4 Due to the fact that we cannot guarantee that the Website will be fault free or that the information contained on the Website will be correct, you agree that we shall not be liable for any loss or damage whatsoever arising out of or in connection with the Site or the contents thereof, whether under theories of contract, tort (including negligence), strict liability or otherwise.
6.5 You expressly acknowledge and agree that Best Practice Health Care Ltd. does not exert control over users of the Site (including individuals referred to on the Site as guests and experts) and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
Disclaimer
7.1 The course, bundle or subscription are for training purposes only. Best Practice Health Care Ltd. will not accept any responsibility to any party for the use of the tuition provided and/or the contents of the Study Materials for any purpose other than training for educational purposes, including but not limited to the giving of advice by you to any third party.
7.2 While every care has been taken in preparing material for publication on this website Best Practice Health Care Ltd. and its owners, staff and contributors expressly disclaim all legal or other liability which may arise as a result of any inaccuracy, statement, error or omission of whatsoever nature contained in any Best Practice Health Care Ltd. content
7.3 Best Practice Health Care Ltd. endeavours to ensure the accuracy of information given and of claims made in articles and advertisements. Nevertheless, no responsibility is accepted in respect of such information or claims. Any opinions expressed by contributors are entirely their own and do not purport to be the views of anyone other than Best Practice Health Care Ltd.
7.4 The information on this site is strictly for educational purposes only. The information should not be relied upon in determining diagnosis, medical treatment, legal rights or other decisions. Readers should verify all information and date before treating patients or employing any therapies described in this educational activity.
7.5 We strongly recommend that readers independently verify any information that they choose to rely on.
7.6 The information on this website should not supersede the user’s own clinical judgment in relation to patient care.
7.7 Nothing on Best Practice Health Care Ltd. should be construed as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine.
7.8 Completing our course, bundle or subscription does not prove competency in any first aid or CPR Skill.
7.9 The APP or Website does not offer medical advice, and nothing contained in the content is intended to constitute professional advice, medical diagnosis or treatment.
7.10 We would strongly advise that you speak with a suitably qualified professional before using any of the recommendations on this site.
7.11 The information on this should not be construed as medical advice and we would strongly advise that you speak with a suitably qualified professional if you suffer from any ailment and/or symptoms.
7.12 The information contained on this site and/or within the lectures given are for educational purposes only and are entirely at the risk of the user. Best Practice Health Care Ltd. will not be liable, directly or indirectly, to the user or any third party for any damage resulting from the use of the information contained or implied on the website or in the lecture notes.
7.13 Best Practice Health Care Ltd. are not a medical practice and nothing on this website constitutes medical advice or is a substitute for seeking medical advice and emergency assistance. The information contained herein are a guide only and not to be treated as medical advice or opinion.
7.14 You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider.
7.15 If you are suffering from any medical matter you should seek immediate medical attention.
7.16 The information on this site is for educational and guide purposes only and is given in good faith without express or implied warranty.
Governing Law
These Terms and Conditions will be governed by and construed in accordance with the laws of Ireland and you hereby submit to the exclusive jurisdiction of the Irish Courts. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect.
Variations
Best Practice Health Care Ltd. reserves the right to amend the Terms and Conditions at any time. Since you are bound by these Terms and Conditions, you should periodically refer to them in this document and elsewhere on the Site. The Site will specify the latest date on which the Terms and Conditions have been amended.