Privacy Notice

Our next Pathway to Partnership Programme starts on 11th September 2024

Qualitas Consortium Ltd. Privacy Notice

This privacy notice is provided to inform about how and why your personal data is used so that we can be as transparent as possible, and to ensure that you are aware of your rights under data protection legislation.

The Company

We are Qualitas Consortium Ltd. and we are the Data Controller. Our correspondence address is 57 London Road, High Wycombe, Buckinghamshire, England, HP11 1BS We can be contacted on 01494 292229 or [email protected]

The purpose for processing your data and our basis for doing so.

We process your personal data so we can engage with you to offer and provide our services to you. We also process your personal data to maintain communication, to send information about services updates and market our activities. We may also use your data to send you questionnaires and diagnostic activities as part of service delivery.

We process your name and contact data as well as job title and details of the organisation you work for.

When we process your personal data, we must establish our legal basis under the UK GDPR, and that legal basis can be different depending on circumstances in which we process it.

We process your personal data when undertaking any due diligence under Article 6.1.f – Legitimate interest as we have a legitimate interest in ensuring we engage with bone fide organisations. We may obtain personal data from sources such as Companies House and other such sources. To engage with you commercially, we will process your data under Article 6.1.b – performance of a contract or to take steps at your request, prior to entering a contract.

If you fail to provide the information required, we will be unable to provide the agreed services to you.

We will also use your data to communicate with you and to provide you information on our services. Where we communicate marketing information to you as a business to business activity, we use Article 6.1.f – ‘legitimate interest’ as we have a legitimate interest in maintaining contact with you and to market our services. As with any legitimate interest processing, you have the right to object to this and you can do so by contacting us using the information provided above.

If we send direct email marketing information to you as an individual subscriber, having already collected your contact details in the process of a sale or negotiation of a sale of services, then we will comply with the requirements of the ‘soft opt in’ under the Privacy and Electronic Communications Regulations 2003. You will be given the opportunity to opt out when we initially collect your data and subsequently in each email thereafter.

We collect data through our website analytics some of which may identify you, such as an IP address. Our Cookie Policy details the cookies we use and you can manage your preferences through our cookie consent platform.

Recipients of your data

As a general principle, we will not transfer your personal data to other recipients without your permission. There are some exceptions to this:

It is possible, that we might be obliged to disclose personal information in response to a court order or other lawful obligation. Our lawful basis for this is Article 6.1.c -legal obligation.
In the unlikely circumstance you do not pay your bills, we may pass your details to a debt collection organisation. Our lawful basis for this is Article 6.1.f – legitimate interest, as we have a legitimate interest in collecting our fees.
We may from time to time utilise the services of partner organisations to support our diagnostic and analytical projects and share your data with them. Our lawful basis for this is Article 6.1.b – performance of a contract.
We may share your data as part of a sale, transfer, or merge part of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. We would do this as under the basis of Article 6.1.f – legitimate interest as we have a legitimate interest in developing our business.

Data processed by third parties on our behalf.

We use the services of other organisations in the processing your data. We use cloud-based email and document storage, customer relationship management and video conference platforms. Our website processes limited personal data such as through our contact form. We also provide limited personal data to organisations that perform maintenance and service work on our behalf. We also utilise the services of an external accounting company for our finance purposes.

Those organisations that process personal data on our behalf are subject to a data processing contract as required by Article 28 of the UK GPDR. This ensures that your data is handled in accordance with the UK GPDR.

Transferring your data outside of the UK

We transfer personal data outside of the UK by virtue of our cloud hosted platforms. Where this occurs, we depend on EU / UK adequacy decisions or for a transfer to the USA, standard contractual clauses.

Retention periods

We will retain your data only for the time we require it for the purposes stated and / or where we have a legal obligation or other legitimate purpose. We will retain the personal data of our clients for 7 years. We will retain personal data processed for the purposes of marketing activity for 2 years after the last communication from you.

Your rights

The UK GDPR provides you with several rights in relation to the data of your we process. The rights relevant to our activities are:

You have the right to get access to and copies of your personal data.
You can ask us to rectify any inaccurate information we may be holding.
You can request we restrict our processing of your data.
You can ask us to erase your personal data where we process under a legitimate interest basis (although we may have to retain some for legal reasons).
You have the right to object to processing we undertake under a legitimate interest basis.

If you want to exercise any of these rights, please contact us using the above contact details.

You also have the right to lodge a complaint about our processing with a supervisory authority — the UK’s Information Commissioner’s Office.

The Information Commissioner’s Office
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Helpline number: 0303 123 1113

Consultancy Services Terms and Conditions

Qualitas Consortium terms & conditions

Your attention is particularly drawn to the provisions of clause 12 (Limitation of liability).

About us
- Company details. Qualitas Consortium UK Limited (company number 09730277) (we and us) is a company registered in England and Wales and our registered office is at 57 London Road, High Wycombe, Buckinghamshire, HP11 1BS. We operate the website https://qualitasconsortium.uk/.
- Contacting us. To contact us, telephone our customer service team at 01494 292229 or email us at [email protected]. How to give us formal notice of any matter under the Contract is set out in clause 2.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your booking.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Our contract with you
- What these terms cover. These are the terms and conditions (Terms) on which we supply our staff survey services to you (Staff Survey).
- Our contract. These Terms apply to the booking by you to carry out the Survey (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
- Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
- These Terms and the Contract are made only in the English language.
- Your copy. You should print off a copy of these Terms or save them to your computer for future reference.
Placing a booking and its acceptance
- Placing your booking. Please follow the onscreen prompts to place your booking. You may only submit a booking using the method set out on the site. Each booking is an offer by you to buy the Staff Survey specified in the booking subject to these Terms.
- User access to Staff Survey. Placing a booking permits a user access to the Survey for those members of staff that are employed by your practice and the copying and/or distribution of the Staff Survey is not permitted without our written instruction or authorisation.
- Correcting input errors. Our booking process allows you to check and amend any errors before submitting your booking to us. Please check the booking carefully before confirming it. You are responsible for ensuring that the terms of the Staff Survey that you have selected are as you expect and are complete and accurate.
- Acknowledging receipt of your booking. After you place your booking, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your booking has been accepted. Our acceptance of your booking will take place as described in clause 5.
- Accepting your booking. Our acceptance of your booking takes place when we send an email to you to accept it (Booking Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Staff Survey confirmed in the Booking Confirmation.
- If we cannot accept your booking. If we are unable to supply the Staff Survey for any reason, we will inform you of this by email and we will not process your booking.
Our Staff Survey
- Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the Staff Survey. They will not form part of the Contract or have any contractual force.
- Compliance with Staff Survey specification on our website. Subject to our right to amend the specification (see clause 3) the Staff Survey will be supplied to you in accordance with the specification for the Staff Survey appearing on our website at the date of your booking in all material respects.
- Changes to Staff Survey specification. We reserve the right to amend the specification of the Staff Survey if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Staff Survey.
- Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Booking Confirmation, but any such dates are estimates only and failure to provide the Staff Survey by such dates will not give you the right to terminate the Contract.
Your obligations
- It is your responsibility to ensure that:
  - the terms of your booking are complete and accurate;
  - you cooperate with us in all matters relating to the Staff Survey;
  - you provide us with such information and materials we may reasonably require in booking to enable you to carry out the Staff Survey, and ensure that such information is complete and accurate in all material respects;
  - you comply with all applicable laws, including health and safety laws;
  - you keep all of our materials, equipment, documents and other property (Our Materials) in safe custody at your own risk, maintain Our Materials in good condition until returned to us, and not dispose of or use Our Materials other than in accordance with our written instructions or authorisation;
  - you do not reproduce, copy, distribute, modify, decompile, disassemble, decode or redesign any part of the Staff Survey; and
  - you ensure that your computer software and systems are sufficiently up to date and compatible with the application utilised by us to deliver our Staff Survey.
- If our ability to provide the Staff Survey to you is prevented or delayed by any failure by you to fulfil any obligation listed in clause 1 (Your Default):
  - we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to provide the Staff Survey; and
  - it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.

Staff Survey in UK only
- Unfortunately, we are unable to provide the Staff Survey for primary care individuals who practice outside of the UK.
Charges
- In consideration of us providing the Staff Survey you must pay our charges (Charges) in accordance with this clause 7.
- The Charges are the prices quoted on our site at the time you submit your booking.
- We take all reasonable care to ensure that the prices stated for the Staff Survey are correct at the time when the relevant information was entered into the system. However, please see clause 7 for what happens if we discover an error in the price of the Staff Survey you booked.
- Our Charges may change from time to time, but changes will not affect any booking you have already placed.
- Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Staff Survey you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
Complaints

If a problem arises or you are dissatisfied with the Staff Survey, please contact us at [email protected]

Intellectual property rights
- All copyright and other intellectual property rights in or arising out of or in connection with the Staff Survey, including but not limited to any presentation or webinar content forming part of the Staff Survey including Our Materials, will be owned by us (subject to clause 10.2) and no part may be copied or reproduced without our prior written consent.
- We may incorporate third party materials such as models and questionnaires as part of the Staff Survey and Our Materials. Where used, the third party creator will be fully cited and referenced. You agree to indemnify us in respect of any claim against us for infringement of the intellectual property rights in any third party materials which arises from your use of said materials beyond the scope of these terms.
- We agree to grant you a fully paid-up, UK based, non-exclusive, royalty-free licence during the term of the Contract to the deliverables specified in your booking for the purpose of the designated recipient or number of recipients as confirmed in your booking receiving the Staff Survey and in respect of Our Materials solely to retain said materials for personal reference of the subscriber. You may not sub-license, assign or otherwise transfer the rights granted in this clause 3.
- For the avoidance of doubt the licence in respect of Our Materials does not permit circulation of Our Materials by the recipients of the Staff Survey to other individuals.
- You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Staff Survey to you.
How we may use your personal information
- We will use any personal information you provide to us to:
  - provide the Staff Survey;
  - process your payment for the Staff Survey; and
  - inform you about other services and Staff Surveys that we provide, but you may stop receiving these at any time by contacting us.
- We will process your personal information in accordance with our https://qualitasconsortium.uk/privacy-policy/, the terms of which are incorporated into this Contract.
Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
- Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
  - death or personal injury caused by negligence;
  - fraud or fraudulent misrepresentation; and
  - breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
- Subject to clause 1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
  - loss of profits;
  - loss of sales or business;
  - loss of agreements or contracts;
  - loss of anticipated savings;
  - loss of use or corruption of software, data or information;
  - loss of or damage to goodwill; and
  - any indirect or consequential loss.
- Subject to clause 1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total Charges paid under the Contract.
- Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 3 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
- This clause 12 will survive termination of the Contract.
Confidentiality
- We each undertake that we will not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 2.
- We each may disclose the other’s confidential information:
  - to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 13; and
  - as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
Termination, consequences of termination and survival
- Termi Without limiting any of our other rights, we may suspend the performance of the Staff Survey, or terminate the Contract with immediate effect by giving written notice to you if:
  - you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
  - you fail to pay any amount due under the Contract on the due date for payment;
  - you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by booking of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;
  - you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
  - your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
- Consequences of termination
  - On termination of the Contract you must return all of Our Materials and any deliverables specified in your booking which have not been fully paid for. If you fail to do so, then we may enter your premises and take possession of them. Until they have been returned, you will be solely responsible for their safe keeping and must not use them for any purpose unconnected with the Contract.
  - Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
- Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
- If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
  - we will contact you as soon as reasonably possible to notify you; and
  - our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Staff Survey with you after the Event Outside Our Control is over.
- You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Staff Survey up to the date of the occurrence of the Event Outside Our Control.
Communications between us
- When we refer to “in writing” in these Terms, this includes email.
- Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
- A notice or other communication is deemed to have been received:
  - if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
  - if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
  - if sent by email, at 9.00 am the next working day after transmission.
- 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 email, that such email was sent to the specified email address of the addressee.
- The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
General
- Assignment and transfer
  - We may assign or transfer our rights and obligations under the Contract to another entity.
  - You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
- Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
- If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
- Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
- Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.

Prize Draw Terms and Conditions

Qualitas Prize Draw T’s & C’s

Your attention is particularly drawn to the provisions of clause 12 (Limitation of liability).

1. About us

1.1 Company details. Qualitas Consortium UK Limited (company number 09730277) (we and us) is a company registered in England and Wales and our registered office is at 57 London Road, High Wycombe, Buckinghamshire, HP11 1BS. We operate the website https://qualitasconsortium.uk

1.2 Contacting us. To contact us, telephone our customer service team at 01494 292229 or email us at [email protected] How to give us formal notice of any matter under the Contract is set out in clause 16.2.

1.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your booking.

1.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

2. Our contract with you

2.1 What these terms cover. These are the terms and conditions (Terms) on which we supply our services, which includes any courses, events or workshops that you register to attend, via our website (Courses).

2.2 Our contract. These Terms apply to the booking by you to attend a Course(s) (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

2.3 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

2.4 Language. These Terms and the Contract are made only in the English language.

2.5 Your copy. You should print off a copy of these Terms or save them to your computer for future reference.

3. Placing a booking and its acceptance

3.1 Placing your booking. Please follow the onscreen prompts to place your booking. You may only submit a booking using the method set out on the site. Each booking is an offer by you to buy the Courses specified in the booking subject to these Terms.

3.2 User access to Courses. Placing a booking permits a single user access to the Course and the copying and/or distribution of a Course is not permitted without our written instruction or authorisation. Should more than one user require access to a Course then you will be required to place a separate booking for each user.

3.3 Correcting input errors. Our booking process allows you to check and amend any errors before submitting your booking to us. Please check the booking carefully before confirming it. You are responsible for ensuring that the terms of the Course that you have selected are as you expect and are complete and accurate.

3.4 Acknowledging receipt of your booking. After you place your booking, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your booking has been accepted. Our acceptance of your booking will take place as described in clause 3.5.

3.5 Accepting your booking. Our acceptance of your booking takes place when we send an email to you to accept it (Booking Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Courses confirmed in the Booking Confirmation.

3.6 If we cannot accept your booking. If we are unable to supply the Courses for any reason, we will inform you of this by email and we will not process your booking. If you have already paid for the Course(s), we will refund you the full amount.

3.7 Minimum Course members. If we do not reach the minimum number of members required for a Course (which differs for each Course) we reserve the right to postpone and change the Course to an alternative date.

3.8 Face to face Courses. We will take all reasonable steps to ensure COVID safety by following Government COVID-Secure Guidance and taking such steps to limit the risk of transmission. We reserve the right to move a face to face Course online or to an alternative location as may be necessary and you shall be notified of this in advance.

4. Our Courses

4.1 Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the Courses described in them. They will not form part of the Contract or have any contractual force.

4.2 Compliance with Course specification on our website. Subject to our right to amend the specification (see clause 4.3) the Courses will be supplied to you in accordance with the specification for the Courses appearing on our website at the date of your booking in all material respects.

4.3 Changes to Course specification. We reserve the right to amend the specification of the Courses if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Courses.

4.4 Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Booking Confirmation, but any such dates are estimates only and failure to provide the Courses by such dates will not give you the right to terminate the Contract.

5. Your obligations

5.1 It is your responsibility to ensure that:

5.1.1 the terms of your booking are complete and accurate;

5.1.2 you cooperate with us in all matters relating to the Courses;

5.1.3 you provide us with such information and materials we may reasonably require in booking to enable you to attend the Course, and ensure that such information is complete and accurate in all material respects;

5.1.4 you bring the required materials and information listed on our website;

5.1.5 you comply with all applicable laws, including health and safety laws and Government COVID-secure guidance;

5.1.6 you keep all of our materials, equipment, documents and other property (Our Materials) in safe custody at your own risk, maintain Our Materials in good condition until returned to us, and not dispose of or use Our Materials other than in accordance with our written instructions or authorisation;

5.1.7 you do not reproduce, copy, distribute, modify, decompile, disassemble, decode or redesign any of the Courses; and

5.1.8 you ensure that your computer software and systems are sufficiently up to date and compatible with the application utilised by us to deliver our Courses. This will include video calling applications such as Zoom or Teams.

5.2 If attending a face to face course it is your responsibility to ensure you wear a face covering, unless exempt, in indoor areas in accordance with Government guidance. Should you not have a face covering when you attend the Course we reserve the right to refuse entry and you will not be entitled to a refund.

5.3 At all times during a face to face Course you will strictly adhere to all COVID safety measures in place at the Course Venue and will at all times limit social contact and socially distance from other members in accordance with Government guidance. We will not be liable should you breach any of the safety measures or social contact limits in place and you contract COVID.

5.4 If our ability to provide a Course to you is prevented or delayed by any failure by you to fulfil any obligation listed in clause 5.1 (Your Default):

5.4.1 we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to provide the Courses; and

5.4.2 it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.

6. Courses in UK only

6.1 Unfortunately, we are unable to perform the Courses for primary care individuals who practice outside of the UK.

7. Charges

7.1 In consideration of us providing the Courses you must pay our charges (Charges) in accordance with this clause 7.

7.2 The Charges are the prices quoted on our site at the time you submit your booking.

7.3 If you wish to change the Course after we accept your booking, and we agree to such change, we will modify the Charges accordingly (if applicable).

7.4 We take all reasonable care to ensure that the prices stated for the Courses are correct at the time when the relevant information was entered into the system. However, please see clause 7.7 for what happens if we discover an error in the price of the Course you booked.

7.5 Our Charges may change from time to time, but changes will not affect any booking you have already placed.

7.6 Our Charges are inclusive of VAT.

7.7 It is always possible that, despite our reasonable efforts, some of the Courses on our site may be incorrectly priced. Where the correct price for the Courses is less than the price stated on our site, we will charge the lower amount and if the correct price for the Courses is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Courses at the correct price or cancelling your booking. We will not process your booking until we have your instructions. If we are unable to contact you using the contact details you provided during the booking process, we will treat the booking as cancelled and notify you in writing. However, if we mistakenly accept and process your booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Courses and refund you any sums you have paid.

9. Complaints

If a problem arises or you are dissatisfied with the Courses, please contact us at [email protected]

10. Intellectual property rights

10.1 All copyright and other intellectual property rights in or arising out of or in connection with the Courses, including but not limited to any presentation or content forming part of the Courses and any written materials provided to you to accompany delivery of the Courses (the Written Materials), will be owned by us (subject to clause 10.2) and no part may be copied or reproduced without our prior written consent.

10.2 We may incorporate third party materials such as models and questionnaires as part of the Courses and/ or Written Materials. Where used, the third party creator will be fully cited and referenced. You agree to indemnify us in respect of any claim against us for infringement of the intellectual property rights in any third party materials which arises from your use of said materials beyond the scope of these terms.

10.3 We agree to grant you a fully paid-up, UK based, non-exclusive, royalty-free licence during the term of the Contract to the deliverables specified in your booking for the purpose of the designated recipient or number of recipients as confirmed in your booking receiving the Courses and in respect of the Written Materials solely to retain said materials for personal reference of the course recipient. You may not sub-license, assign or otherwise transfer the rights granted in this clause 10.3.

10.4 For the avoidance of doubt the licence in respect of the Written Materials does not permit circulation of the Written Materials by the recipient of the Courses to other individuals and nor are you permitted to use the Written Materials in order to provide training on the topic of the Courses to other individuals.

10.5 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Courses to you.

11. How we may use your personal information

11.1 We will use any personal information you provide to us to:

11.1.1 provide the Courses;

11.1.2 process your payment for the Courses; and

11.1.3 inform you about similar Courses that we provide, but you may stop receiving these at any time by contacting us.

11.2 We will process your personal information in accordance with our https://qualitasconsortium.uk/privacy-policy, the terms of which are incorporated into this Contract.

12. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

12.1 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

12.1.1 death or personal injury caused by negligence;

12.1.2 fraud or fraudulent misrepresentation; and

12.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

12.2 Subject to clause 12.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
12.2.1 loss of profits;

12.2.2 loss of sales or business;

12.2.3 loss of agreements or contracts;

12.2.4 loss of anticipated savings;

12.2.5 loss of use or corruption of software, data or information;

12.2.6 loss of or damage to goodwill; and

12.2.7 any indirect or consequential loss.

12.3 Subject to clause 12.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total Charges paid under the Contract.

12.4 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 3 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

12.5 This clause 12 will survive termination of the Contract.

13. Confidentiality

13.1 We each undertake that we will not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 13.2.

13.2 We each may disclose the other’s confidential information:

13.2.1 to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 13; and

13.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

13.3 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.

14. Termination, consequences of termination and survival

14.1 Termination. Without limiting any of our other rights, we may suspend the performance of the Courses, or terminate the Contract with immediate effect by giving written notice to you if:

14.1.1 you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;

14.1.2 you fail to pay any amount due under the Contract on the due date for payment;

14.1.3 you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by booking of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;

14.1.4 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or

14.1.5 your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

14.2 Consequences of termination

14.2.1 On termination of the Contract you must return all of Our Materials and any deliverables specified in your booking which have not been fully paid for. If you fail to do so, then we may enter your premises and take possession of them. Until they have been returned, you will be solely responsible for their safe keeping and must not use them for any purpose unconnected with the Contract.

14.2.2 Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.

14.3 Survival. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

15. Events outside our control

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

15.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

15.2.1 we will contact you as soon as reasonably possible to notify you; and

15.2.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Courses with you after the Event Outside Our Control is over.

15.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Courses up to the date of the occurrence of the Event Outside Our Control.

16. Communications between us

16.1 When we refer to “in writing” in these Terms, this includes email.

16.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.

16.3 A notice or other communication is deemed to have been received:

16.3.1 if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;

16.3.2 if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or

16.3.3 if sent by email, at 9.00 am the next working day after transmission.

16.4 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 email, that such email was sent to the specified email address of the addressee.

16.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

17. General

17.1 Assignment and transfer

17.1.1 We may assign or transfer our rights and obligations under the Contract to another entity.

17.1.2 You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

17.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

17.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

17.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

17.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

17.6 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.