TERMS & CONDITIONS OF AMAECHI PERFORMANCE SYSTEMS LIMITED FOR AMAECHI PERFORMANCE EVENTS
Your attention is drawn in particular to the provisions of clause 9
The Terms will apply to any contract between us for attendance by you at any Amaechi Performance Event (“Contract”).
Please read the Terms carefully and make sure that you understand them, before booking through our website (“our site”) attendance at any Amaechi Performance Event.
Please note that before making a booking, you will be asked to agree to the Terms. If you refuse to accept these Terms, you will not be able to make any booking through our site.
You should print a copy of the Terms or save them to your computer for future reference.
We amend the Terms from time to time as set out in clause 16. Every time you wish to book attendance at an Amaechi Performance Event, please check the Terms to ensure you understand the terms which will apply at that time.
The Terms, and any Contract between us, are only in the English language.
When we refer, in the Terms, to “in writing“, this will include e-mail.
When we refer, in the Terms, to attendances by, obligations which will apply to and consents given by “you”, this will include any person who attends an Amaechi Performance Event as a result of your booking including any of your employees, partners, agents, contractors, subcontractors and guests. You are responsible and liable for the conduct of all such persons and for obtaining from them all necessary consents.
1.1 We operate the following website:
1.2 We are Amaechi Performance Systems Limited, a company registered in England and Wales under company number 06666674. Our registered office is at 5th Floor, The Margolis Building, 37 Turner Street, Manchester M4 1DW. Our VAT number is 974 0404 25.
You can contact us as follows:
By telephone: 02032397013
By email: email@example.com
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your completed registration form.
On our site, we have made every reasonable effort to be as accurate as possible in setting out the details of Amaechi Performance Events. However, we reserve the right to make any changes to any Amaechi Performance Event (including the speakers, the venue, the dates and times and the course materials) at our discretion.
6.1 Our shopping pages will guide you through the steps you need to take to make a booking with us. Our order process allows you to check and amend any errors before submitting your completed registration form to us. Please take the time to read and check your registration form at each page of the booking process.
6.2 After you make a booking, you will receive from us either a booking confirmation acknowledging that we have received your booking or a ticket. The Contract between us will only be formed when we send you this booking confirmation or ticket.
6.3 If we are unable to accept your booking, for example because the relevant Amaechi Performance Event is already fully booked or because of an error in the fee quoted as referred to in clause 7.2 or because you have in the past been required to leave a previous Amaechi Performance Event in accordance with clause 10.1, we will inform you of this by e-mail and we will not process your booking. In these circumstances, if you have already paid for the relevant Amaechi Performance Event, we will as soon as possible refund you the full amount paid by you to us.
7.1 The fee for your attendance at an Amaechi Performance Event will be as quoted on our site at the time you submit your registration form.
7.2 We take all reasonable care to ensure that the fees quoted are correct. However, as we provide a large number of quotes to customers, it is always possible that, despite our reasonable efforts, we may quote an incorrect fee. If we discover such an error, we will contact you to inform you of this error and we will give you the option of continuing with your booking at the correct fee 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. If we mistakenly accept and process your booking where an error in the fee quoted is obvious and unmistakeable and could reasonably have been recognised by you as a mistake, we may cancel your booking and refund you any sums you have paid.
7.3 Fees for attendance at Amaechi Performance Events may change from time to time, but changes will not affect any booking you have already placed. We also reserve the right to run price promotions at our discretion.
7.4 We will (where applicable) charge Value Added Tax (“VAT”) at the applicable current rate chargeable in the UK for the time being. Under European Union Customs and Excise regulations, delegates are required to pay VAT on any conference taking place within the European Union. You may be entitled to reclaim this cost in conjunction with the Tax Back International VAT Reclaim, the world’s leading VAT recovery organisation, which can make a significant reduction in your attendance costs. For more information, please contact Tax Back International on the following telephone number:
+353 1 878 3361
7.5 Payment for attendance at an Amaechi Performance Event must be made at the time of booking. You can only pay as follows:
(a) Using a debit card or credit card through our site which contains a link to our merchant account provider of credit and debit card services which is a secure site. We will not have access to the information you provide on this site to make payment. We accept the following cards:
(b) By bank transfer to our bank account, the details of which are available on request.
8.1 There may be circumstances in which we need to cancel an Amaechi Performance Event for which you have already made payment to us.
8.2 We shall be entitled to cancel an event but in such circumstances, we will provide you with a full refund of the sum paid by you to us in respect of it and we will endeavour to do so within 60 days of the date of such cancellation.
9.1 Our sole liability in the circumstances set out in
(a) clause 6.3 (if we are unable to accept your booking)
(b) clause 7.2 (if we have quoted an incorrect fee and your booking is cancelled as a result) and
(c) clause 8 (cancellation)
is to refund you the fee paid to us for attendance at an Amaechi Performance Event. If you paid by credit card or debit card then we will refund you on the credit card or debit card used by you to pay. Other than in the circumstances listed at (a) to (c) in this clause, fees paid by you to us for attendance at an Amaechi Performance Event are non-refundable. However, if you are unable to attend an Amaechi Performance Event for which you have paid us, you may email us and provide the name of someone else to attend the Event as substitute. At our discretion, we may allow such substitution and allow the substitute access to the Event. However, we shall be entitled at our discretion to charge you an administration fee for making such a substitution which shall be payable before we permit it.
9.2 We shall have no liability for any changes from published details of Amaechi Performance Events as set out at clause 4.
9.3 Nothing in the Terms shall be deemed to limit the liability of any person for death or personal injury caused by negligence, fraud or any other liability for which it is unlawful to exclude or limit liability. Subject to that qualification, we shall have no liability, whether in the law of contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for any loss or damage suffered by you whatsoever and in particular, we shall have no liability for:
(a) loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill or reputation;
(f) loss or damage which is an indirect result of our act or failure to act or
(g) loss or damage which is an unforeseeable consequence (that is, not an obvious consequence, contemplated by you and us at the time we entered into this Contract) of our act or failure to act.
9.4 Subject to clause 9.3, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in the law of contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract, shall in no circumstances exceed the amount of the fee paid by you to us in respect of the relevant Amaechi Performance Event.
9.5 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to any Amaechi Performance Event. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
If you act in any way which in our opinion may cause any risk, harm or nuisance to any person at an Amaechi Performance Event, you will be required to leave and we shall have no liability to you whether to refund the fee you paid in respect of that Event or otherwise. Further, we reserve the right to charge you a sum which we consider reasonably reflects the potential damage to our reputation and that of our Chief Executive officer, John Amaechi.
10.2 Health and safety
You must comply with all the health and safety requirements of which you are notified by us and by those working at the venue. Failure to do so will result in your being asked to leave in accordance with clause 10.1.
You shall not cause any damage to any part of the venue (including outside areas and all inside walls, flooring, fixtures and fittings). You are solely liable for any damage caused by you and shall fully reimburse us and the owner of the venue in relation to any damage caused.
You must keep your personal belongings with you at all times. We accept no liability for any damage to, loss of or theft of any of your belongings or other items which you bring to an Amaechi Performance Event.
10.5 Disability, medical conditions and dietary requirements
If you have any disability or medical condition which requires us to make special arrangements for you or any special dietary requirements, please let us know as soon as possible but in any event at least 3 weeks prior to the date of the relevant Amaechi Performance Event.
11.1 You agree that we may include your details in any promotional materials relating to an Amaechi Performance Event and/or any materials used at the Event. We shall have no liability for any errors or omissions contained in such information.
11.2 Unless otherwise stated in writing, the copyright for any such promotional materials and any materials used at an Amaechi Performance Event (including course notes, slides, brochures, articles and case studies) belongs to us and may not be reproduced in any medium without our prior written consent.
11.3 You may use such materials for your own business or personal purposes only and may not reproduce, publish or deal with such materials in any way for any commercial use.
12.1 We may wish to take photographs or have photographs taken at the Amaechi Performance Event or to film it or have it filmed, whether for promotional purposes or otherwise. You consent to this and in particular to photographs being taken of you and to your being filmed.
12.2 You will not be entitled to take photographs or have photographs taken at the Amaechi Performance Event or to film it or have it filmed except with our prior written consent.
13.2 You agree to allow us to contact you (by email or telephone) regarding products or services which we can provide. If you no longer wish to receive such information, please let us know by email.
14.1 “Amaechi Performance”, “Amaechi Performance Systems” and “Amaechi Basketball Centre” are UK registered trade marks under the following numbers (and they belong to us):
14.2 These trade marks may not be reproduced in any medium without our prior written consent
15.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to book attendance at an Amaechi Performance Event.
16.1 We amend the Terms from time to time. If applicable, we will post details on our site of when the Terms were last updated and which Terms were changed.
16.2 Every time you make a booking with us to attend an Amaechi Performance Event, the Terms in force at the time of your booking will apply to the Contract between you and us.
17. Events outside our control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract if this is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
17.2 An “Event Outside Our Control“ means any act or event beyond our reasonable control, including (but not exclusively) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.3 If an Event Outside Our Control takes place and it affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects the date of an Amaechi Performance Event, we will arrange a new date after the Event Outside Our Control is over.
18. Other important terms
18.1 We may transfer to another organisation our rights and obligations under a Contract, but this will not affect your rights under these Terms.
18.2 You may only transfer to another person your rights or your obligations under these Terms if we agree in writing.
18.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except for our Chief Executive Officer, John Amaechi.
18.4 Each of the paragraphs of the Terms operates separately. If any court or other relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
18.5 If we fail to insist that you perform any of your obligations under the Terms, 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 and nor will it mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.6 The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).