AMBULANCE AND MEDICAL CPD LIMITED – TERMS AND CONDITIONS OF SUPPLY

Our terms

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content. For the purchase of these terms, a product may include physical items, a workbook, the membership subscription or any courses or materials provided to you via the membership subscription.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us for goods, or before you subscribe to our membership subscription services. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are. We are Ambulance and Medical CPD Limited a company registered in England and Wales. Our company registration number is 12895905 and our registered office is at Banc-Y-Ffynnon Heol Y Foel, Foelgastell, Llanelli, Wales, SA14 7EG.

2.2 How to contact us. You can contact us by writing to us at gareth@ambulancecpd.com.

2.3 How we may contact you. If we have to contact you we will do by writing to you at the email address you provided to us.

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

3. Our contract with you

3.1 How we will accept your order. Our acceptance of your order for a product will take place when you pay for the product and we email you to confirm your order has been accepted, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order for a product, we will inform you of this and will not charge you.

4. Our products

4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images.

4.2 Our membership subscription services.

(a) We are giving you personally the right to use the membership subscription services as set out in these terms. You may not transfer your membership to someone else, whether for money, for anything else or for free in any circumstances.

(b) From time to time we may (but are not obliged to) update the contents of the membership subscription services (which may include for example adding additional content or courses).

(c) The digital content (including without limit the course and content provide to you via the membership subscription service) is provided for general information only. It is not intended to amount to advice on which you should rely, and you should only ever act within your qualifications and scope of practice. We will have no liability to you for any loss or damage caused whatsoever as a result of you relying on any digital content (including without limit the course and content provide to you via the membership subscription service).

(d) By becoming a member of the subscription service you agree that you will not:

(i) rent, lease, sub-license, loan, provide, or otherwise make available, the membership subscription services or its content in any form, in whole or in part to any person without prior written consent from us;

(ii)not copy the membership subscription services or its content;

(iii) not use membership subscription services or its content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data;

(iv) not infringe our intellectual property rights or those of any third party in relation to your use of the membership subscription services or its content;

(v) not transmit any material that is defamatory, offensive, discriminatory or otherwise objectionable in relation to your use of the membership subscription services or its content;

(vi) not use the membership subscription services or its content in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

5. Your rights to make changes

5.1 If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product (if any) and anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).

6. Our rights to make changes

6.1 Changes to the products. We may change the product:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.

6.2 Updates to digital content. In addition to clause 4.2(b), we may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

7. Providing the products

7.1 Delivery costs. The costs of delivery (if any) will be as displayed to you on our website.

7.2 Delivery.

(a) If the products are goods. If the products are goods (such as physical items) we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.

(b) If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.

(c) If the product is the membership subscription. We will supply the services, goods or digital content to you until you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.

7.3 We are not responsible for delays outside our control. If our supply of the product is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4 When you become responsible for the goods and own them. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us. You own a product which is goods once we have received payment in full.

7.5 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes;

(b) update the product to reflect changes in relevant laws and regulatory requirements;

(c) make changes to the product as requested by you or notified by us to you (see clause 6).

7.6 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 10 days we will adjust the price so that you do not pay for products while they are suspended.

7.7 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 2), we may suspend supply of the products until you have paid us the outstanding amounts.

8. Your rights to end the contract

8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;

(c) If you have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to;

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 10 days; or

(d) you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For some products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:

(a) digital products or services after you have started to download or stream these (which shall include without limitation the workbooks and the membership subscription services);

(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.

8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

(a) Have you bought digital content for download or streaming (for example, the workbooks or membership subscription services)? as all digital content is delivered to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

(b) Have you bought goods (for example, a physical item)?, if so you have 14 days after the day you (or someone you nominate) receives the goods.

8.6 Ending the contract when you want to cancel the membership subscription service. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract for the membership subscription service. The subscription periods are either monthly or annual (depending on that specified in your order). Your subscription will renew automatically (for the same periods as the original order) unless you cancel the membership subscription at least 24 hours before the end of the subscription period (see clause 12.4). In the event that you want to cancel a subscription, you must do so in accordance with clause 9.1. Your subscription shall stay active until the end of the subscription period. Auto-renewal will be disabled, however the current subscription charges will not be refunded.

9. How to end the contract with us (including if you have changed your mind)

9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a) Email. Email us at gareth@ambulancecpd.com. Please provide your name, details of the order and, where available, your phone number and email address.

(b) Online. Complete the form at https://ambulancecpd.com/contact-us/ on our website. Please provide your name, details of the order and, where available, your phone number and email address.

9.2 Returning goods after ending the contract (for example, physical items). If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Banc-Y-Ffynnon Heol Y Foel, Foelgastell, Llanelli, Wales, SA14 7EG. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

9.3 When we will pay the costs of return. We will pay the costs of return:

(a) if the goods are faulty or misdescribed; or

(b) if you are ending the contract because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

9.4 How we will refund you. We will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.

9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

(a) We may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

(b) If applicable, the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.

(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

(a) If the products are goods, your refund will be made within 14 days from the day on which we receive the product back from you.

(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

10. Our rights to end the contract

10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;

(c) you breach any of the terms set out in these terms and conditions (including without limit those set out at clause 2(d)).

10.2 No refund if you break the contract. If we end the contract in the situations set out in clause 10.1 no refund of any sums you have paid in advance for products will be provided.

11. If there is a problem with the product

11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can or write to us at gareth@ambulancecpd.com or Banc-Y-Ffynnon Heol Y Foel, Foelgastell, Llanelli, Wales, SA14 7EG.

11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is goods, for example a physical item, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also clause 8.3. a) If your product is digital content, for example workbooks or the membership subscription service the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality: b) If your digital content is faulty, you’re entitled to a repair or a replacement. c) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. d) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation. See also clause 8.3. See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

11.3 Your obligation to return rejected products (for example, physical items). If you wish to exercise your legal rights to reject products, please contact us to tell us why you are rejecting the product. If you still want to reject the product and are entitled to do so, you must post them back to us.

12. Price and payment

12.1 Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order (for example, this includes the cost of the workbooks, as well as the membership subscriptions). We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 2 for what happens if we discover an error in the price of the product you order.

12.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

12.3 When you must pay and how you must pay. Payments for all products shall be made via Paypal or Stripe (unless otherwise agreed in writing between you and us). Payment for all products must be paid for when placing the order for the product.

12.4 Auto renewal for the membership subscription service. The subscription periods for the membership subscription service are either monthly or annual (depending on that specified in your order). Payment will be taken automatically upon the renewal date of each period. Your subscription will renew automatically unless you cancel the membership subscription – see clause 6.

13. Our responsibility for loss or damage suffered by you

13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 2; and for defective products under the Consumer Protection Act 1987.

13.3 When we are liable for damage to your property. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.

13.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.5 We are not liable for content provided via the membership subscribed services or otherwise. The digital content (including without limit the course and content provide to you via the membership subscription service) is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our service. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date. We will have no liability to you for any loss or damage caused whatsoever as a result of you relying any information contained on or relating to the site or via our service.

13.6 Check that the products are suitable for you. The products have not been developed to meet your individual requirements. Please check that the facilities and functions of the products (as described on the site) meet your requirements.

13.7 We are not responsible for events outside our control. If our provision of the products is delayed by an event outside our control we will not be liable for delays caused by the event.

13.8 Cap on liability. Our liability under these terms (including without limit for losses you suffer as a result of us failing to comply with these terms) is strictly limited to the value of any payments made by you to us (if any) in relation to the products.

14. Intellectual property rights

14.1 All intellectual property rights on the site or content accessed via the site or the membership subscription service throughout the world belong to us (or our licensors). You have no intellectual property rights in, or to, the site or content accessed via the site or the membership subscription service other than the right to use them in accordance with these terms.

15.How we may use your personal information

• • How we may use your personal information. We will only use your personal information as set out in our Privacy policy.

16. Other important terms

16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

16.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.