TERMS AND CONDITIONS
Our Terms and Conditions
1.0 Who We Are
Desmond Property Law (“DPL”) is a trading name of Desmond Training Limited (company registration number 05446372) whose registered office is c/o Parkgates, Bury New Rd, Prestwich, Manchester, M25 0JW.
References in our Policy to “we”, “us” or “our” are intended to refer to “DPL” or “DPL’s” (as the context so permits). Conversely, references in our Policy to “you” or “your” are intended to refer to users of the Website (including any customer of DPL) and anyone else interacting with the Website (as the context so permits).
2.0 General
The following terms and conditions (hereinafter referred to as the “Terms and Conditions”) apply to all interactions and transactions (including purchases) made by you with DPL on www.desmondpropertylaw.co.uk (“the Website”). By using the Website or making a purchase through the Website, you agree to be bound by the Terms and Conditions, including the disclaimers contained herein. The Terms and Conditions are to be read in conjunction with our Privacy and Cookie Policy (details of which can be found at https://www.desmondpropertylaw.co.uk/privacy-policy/
We reserve the right to change the Terms and Conditions at any time. Updates to the Terms and Conditions will take effect as soon as they are posted on the Website. We reserve the right (without obligation) to notify our registered users by email of any change to the Terms and Conditions that we reasonably consider to be significant.
3.0 Information
We endeavour to ensure that all the information on the Website is as up to date and accurate as possible.
The products on the Website at any particular time are subject to availability. We reserve the right to change any specifications, descriptions, products, and prices on products on the Website without prior notice.
4.0 Terms and Conditions of Trading with DPL
By placing an order with us (such as purchasing a webinar), you confirm that you are a person of legal age, that you agree to be bound by the Terms and Conditions, that all information you provide to us in connection with the purchase is accurate, and that you are authorised to make payment for the product or service using the payment method you have selected.
5. Terms and Conditions of Purchases of Online Courses on the Website
The Website enables you to make purchases, primarily by credit card and debit card. Payment by bank transfer can be arranged by prior request.
An online training course (e.g. webinar) which you have booked through the Website will only be made available to you once payment in full is received. Following receipt of payment, confirmation of your booking and login details will be sent to you by email. Payment of the course fee permits access to the course for one delegate only
Payment of the applicable fee is due in full at the point of booking to view an online training course (whether live-streamed or prerecorded. Once payment has been received in full, webinar links and codes will be provided. Payment of the course fee permits single delegate access only to each online course.
The delegate and/or firm and/or organisation making the booking shall be jointly and severally liable for payment of the course fee.
We reserve the right to alter the course content and/or (usually in exceptional circumstances) the speaker for reasons beyond our control. In the event that we have to cancel a live-stream course we do not accept responsibility for any travel, accommodation or other costs which may have been incurred by any delegate.
Payment of the price for a DPL training course permits one person to participate in that course. For multiple delegates to be allowed access, then the corresponding number of purchases must be made; e.g. for two people to participate in a training course, that course must be purchased twice.
Where a customer has purchased a live-stream course for one delegate who is then unable to participate, then another delegate may be substituted at any time at no additional cost.
5.1 Duration of Online Training Courses
Our online courses mainly consist of a prerecorded webinar or a recording of a session which has been live-streamed. Where the course is prerecorded, the recording will be available to view for 30 days from the date of your purchase. Where the course is live-streamed, the recording will generally be available to view upon request shortly after the broadcast date. After the applicable fixed period of time, the recording will not be available to view. Moreover, the recording will not be updated once it is made available to view, though we reserve the right (without obligation) to separately notify you about any changes to the content of the course which have come to the presenter’s or our attention after the date of recording or broadcast (as the case may be).
5.2 Cancellations and Refunds — Online (Prerecorded) Webinars
You can cancel your purchase at any time before access to your webinar is made available to you. Any cancellation for a DPL webinar must be made in writing.
However, once we have sent you the login details to access your webinar, the fee remains payable and is non-refundable.
5.3 Cancellations and Refunds — Online Courses that are “Streamed” Live (Other Than In-House)
All cancellations must be in writing. For bookings cancelled at least 6 working days prior to the LL course date we will refund the course fee. For bookings cancelled 5 working days or less the course fee remains payable and is non-refundable. In the case of non-attendance on the day by a delegate the course fee remains payable and is non-refundable.
6. Payment Terms & Refunds – In-House Courses
Payment of a 25% deposit in cleared funds is required in order to secure your booking on the agreed date (“the course date”).
All cancellations must be made in writing (including by email). For bookings cancelled at least 60 days prior to the course date DPL will refund the deposit. For bookings cancelled less than 60 days prior to the course date the course fee remains payable in full.
Requests for a change of course date must be made in writing. If within the period of 30 days prior to the course date you make such a request, we will (subject to availability) endeavour to accommodate the request and an administration fee of 20% of the total course fee will be payable prior to the revised course date.
We reserve the right to alter the course content and/or (usually in exceptional circumstances) the speaker for reasons beyond our control.
In the unlikely event that it is necessary to cancel an in-house course (which would usually be for reasons outside our control), DPL does not accept responsibility for travel, accommodation or other costs which may have been incurred by any delegate.
We require you to confirm final delegates numbers at least 7 days prior to the course date. All delegates attending in-house courses purchased from DPL must be from the same firm as the booking originator, unless we agree otherwise.
We do not provide or cover the cost of catering, venue or equipment for in-house courses.
Copies of accompanying materials (including written notes and PowerPoint slides) will usually be emailed to you for distribution among your delegates at least 5 working days prior to the course date. We not provide printing or courier services.
7. Use of the Website
By using the Website, you agree that you will not (i) use the Website (or any part of it) for an illegal purpose (ii) attempt to gain unauthorised access to the Website, or to any part or component of the Website, (iii) collect from the Website non-public information about another user of the Website (unless with that user’s prior written consent); (iv) add another user of the Website to your email or physical mailing list without their consent, or (v) upload or transmit through the Website any computer viruses, macro viruses, Trojan horses, worms, corrupted files or anything else that could interfere with, interrupt or disrupt the normal operating procedures of a computer or other electronic device.
8. Copyright in the Website, our Training Courses and Course Materials
All contents and materials on the Website or otherwise supplied to you through or accompanying a course, product or service that have been provided by us (“Our Materials”) are the property of DPL and/or its presenters. This also includes any of Our Materials that may be stored on a third party website (such as a webinar stored on a video hosting site). Our Materials include the Website’s software, HTML code, scripts, texts, photographs, images, video and audio.
As a paying customer, you can view, print or download extracts of Our Materials for your own personal use. However, you may not otherwise copy, edit, vary, reproduce, publish, display, distribute, post, modify, store, transmit, commercially exploit, or disseminate Our Materials or any other aspect of the Website, without the written permission of DPL.
We do not accept liability or responsibility for any content, material or comment posted by a user on the Website (“User Content”), and we do not actively monitor or review any User Content. However, if you have posted User Content to the Website, we reserve the right (without any liability whatsoever on our part) to:
(a) require you to amend any User Content; and/or
(b) remove any User Content without notice to you if we reasonably believe that such content—
(i) infringes any laws,
(ii) is defamatory, obscene or offensive,
(iii) contains any virus or malicious code,
(iv) is inaccurate or misleading,
(v) involves the transmission of junk mail or spam,
(vi) engages in commercial activities which are not treated to the products and services that we provide.
9. Copyright in our training programmes
Copyright and all intellectual property rights in our training programmes (including in pre-recorded and/or interactive webinars, or a one-to-one session) remain vested in DPL and/or the speaker; and no part of the programmes may be copied, distributed, edited, varied, stored, transmitted or reproduced in any way without the prior written consent of DPL. This extends to all materials, logos and graphics associated with such programmes.
Without prejudice to the generality of the foregoing, this prohibition includes granting unauthorised access to any of our training programmes (whether as a commercial activity or otherwise), or to the materials associated with it, including all links to such recordings, supporting notes and slides materials that may be sent to you. For instance, access would be unauthorised if, without the prior written consent of DPL, you share passwords which then allow anyone other than the person by or for whom the online training course was purchased to view or listen to the course.
You consent to DPL monitoring the number of computers which access the webinar and their IP addresses in order to ensure that the access URL has not been distributed beyond those entitled to view the online training course pursuant to these terms.
10. Disclaimer
The content of our training programmes (including the presentation of a webinar or in-house course delivered by the presenter and supporting notes, slides and other materials) has been prepared solely for training purposes for the benefit of paying customers who are attending, watching or listening to the course presentation and does not constitute legal advice. Our presenters are not authorised to advise on the interpretation and application of the law to particular circumstances or matters, so any such comments made by our presenters must not be relied upon as a substitute for legal advice.
To the fullest extent permitted by law, neither DPL nor its presenters will be liable by reason of breach of contract, negligence or otherwise for any loss or damage (whether direct, indirect or consequential) occasioned to any person acting or omitting to act or refraining from acting upon the course material or presentation of the course or (except to the extent that any such loss or damage does not exceed the price of the course) arising from or connected with any error or omission in the course material or presentation of the course.
Nothing in the Terms and Conditions shall limit or affect any loss or damage for death or personal injury as a result of negligence on the part of DPL or any of its presenters.
Speakers, authors, and DPL cannot accept responsibility for loss occasioned to delegates or any other person or organisation arising from any reliance on the content of any of our training programmes; including reliance on any content for the purposes of giving advice to third parties.
A person who is not a party to this agreement shall have no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any of its terms.
11. Applicable Law
The Terms and Conditions shall be subject to English Law and disputes and/or differences arising from these Terms and Conditions shall be determined by proceedings in the English courts. The Terms and Conditions confer no rights or benefits on any third party who has not agreed to be bound by the Terms and Conditions or who otherwise is not party to a contract with DPL (whether made in connection with the Terms and Conditions, or otherwise). Therefore, the Contract (Rights of Third Parties) Act 1999 does not apply to the Terms and Conditions or any other agreement entered into by you with DPL.
12. Technical Issues
Prior to you making a purchase on the Website (especially of webinars or other online training courses), it is your responsibility to ensure that our technology is compatible with your systems. DPL is not liable or responsible for any technical issues which may arise as a result of your failure to ensure such compatibility. DPL is not liable or responsible for any delay, disruption or disturbance in the operation of the Internet when you are viewing or accessing a webinar or other online course. Similarly 24 hour access to the Website and to our online training courses may occasionally be interrupted due to reasons which are beyond the control of DPL (e.g. telecommunications or other technical failures; or downtime for repairs, maintenance and upgrading).