Terms and Conditions

 

  1. INFORMATION ABOUT US
    1. www.abe-assess.org.uk (the "Website") is a site operated by the Association of Building Engineers ("we", "us"). We are a company limited by guarantee, and operate on a not for profit basis. Our trading address is at Lutyens house, Billing Brook Road, Weston Favell, Northampton, NN3 8NW.
    2. We refer you to our Privacy Policy situated at the foot of these terms and conditions.
  2. APPLICATION OF TERMS AND CONDITIONS
    1. These terms and conditions set out the basis on which the user ("you") can use the Website and on which we supply any of the courses listed on the Website (the "Courses"). Please read them carefully as they contain important information.
    2. By (i) using the Website; or (ii) registering on any of our courses, you confirm your agreement to our terms and conditions, including the Privacy Policy, as set out below.  If you do not agree to these terms and conditions, you should cease to use the Website immediately. You are authorised to view and download the Website for your personal use only. 
    3. All other terms and conditions, express, implied or otherwise, are excluded to the fullest extent permitted by law. Nothing in these terms and conditions shall affect your statutory rights.
  3. BOOKINGS
    1. All bookings for Courses shall be deemed to be an offer by you to purchase Courses pursuant to these terms and conditions.
    2. You shall be responsible for ensuring the accuracy of the details provided when booking and we will not be obliged to accept any booking unless all details requested have been entered correctly.
    3. No booking submitted by you shall be deemed to be accepted by us unless and until we send you a letter confirming the Course has been booked (the "Confirmation of Booking"). Accordingly, the contract between us (the "Contract") will only be formed when we send you the Confirmation of Booking.
    4. Should you be in breach of any other contract you have with us, we are entitled to terminate the Contract immediately and without notice; and in such circumstances we will have no obligation to fulfil any existing obligations to you under the Contract.
    5. The Contract will relate only to those Courses whose booking we have confirmed in the Confirmation of Booking.
    6. We are entitled to refuse any booking placed by you and will not be required to provide an explanation.  
  4. CONSUMER RIGHTS
    1. If you are contracting as a consumer, you may cancel a Contract prior to attendance of your first training day. To cancel the Contract you must inform us in writing 48 hours prior to attendance of your first training day at your own cost. In this case, you will receive a full refund of the price paid for the Courses in accordance with our return of Courses policy.
    2. Details of this statutory right, and an explanation of how to exercise it, are provided within the Confirmation of Booking.
  5. PRICE AND PAYMENT
    1. The price of the Courses will be in Sterling and as quoted on our site. If we discover an error in pricing we will inform you as soon as possible and give you the option of reconfirming your booking at the correct price or cancelling it. Where payment has been taken in respect of a booking, a refund will be issued in respect of any overpayment made by you.
    2. We are under no obligation to provide you with Courses at incorrectly advertised price which is lower than the correct price for the Courses, even after we have sent you a Dispatch Confirmation in relation to the Courses, if the price is obvious and unmistakeable and could have reasonably been recognised by you as mis-pricing. 
    3. The price of any Courses will exclude VAT, which will be added to the total amount when Booking.
    4. We reserve the right, at any time to increase the price of the Courses. Changes in price will not affect bookings in respect of which we have already sent you a Confirmation of Booking
    5. Payment for all Courses can be paid for by cheque (payable to ‘ABE’), credit or debit card. We accept payment with Maestro, Visa and Mastercard. By booking on a course you consent to payment being charged to your credit/debit card account as provided when ordering.
    6. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer through the World Pay system, which we use to process payments. If the issuer of your payment card refuses to, or for any reason does not authorise payment to us we will not dispatch confirmation of the booking made, nor process your application. We will not be liable for any delay or non-delivery of Courses in these circumstances.
  6. LIMITATION OF LIABILITY
    1. Our liability in connection with any Courses booked through our site is strictly limited to the purchase price of that Course.
    2. The restriction of liability in clause 6.1 does not include or limit in any way our liability:
      1. For death or personal injury caused by our negligence;
      2. Under section 2(3) of the Consumer Protection Act 1987;
      3. For fraud or fraudulent misrepresentation; or
      4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
    3. We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
    4. Nothing in these terms limits or excludes your statutory rights within the United Kingdom where you deal as a consumer.
  7. EVENTS OUTSIDE OUR CONTROL
    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 that is caused by events outside our reasonable control ("Force Majeure Event").
    2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
      1. Strikes, lock-outs or other industrial action;
      2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
      3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
      4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
      5. Impossibility of the use of public or private telecommunications networks; and
      6. The acts, decrees, legislation, regulations or restrictions of any government.
    3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
  8. WRITTEN COMMUNICATIONS
    1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
  9. NOTICES
    1. All notices given by you to us must be given to us at abe-assess@abe.org.uk. We may give notice to you at either the e-mail or postal address you provide to us when booking, or in any of the ways specified in paragraph 8. Notice will be deemed received and properly served immediately when posted on the Website 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
  10. INTELLECTUAL PROPERTY
    1. The copyright in the material contained in the Website and any trademarks and brands included in that material belongs to us.
    2. You may download or copy the content and other down-loadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
  11. THE WEBSITE
    1. Whilst we shall endeavour to ensure this Website is available 24 hours a day, we cannot accept liability if for any reason it is unavailable at anytime or for any period of time.
    2. We may also change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts or all of the Website without notice or liability.
    3. We have placed links on the Website to other websites which you may wish to visit. We do not review or endorse those websites and have no control over their content. Therefore we can accept no liability if you visit those websites.
  12. SEVERABILITY
    1. If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
  13. ENTIRE AGREEMENT
    1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
    2. Both you and we acknowledge that, in entering into a Contract, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between the parties prior to such Contract except as expressly stated in these terms and conditions.
    3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
  14. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
    1. We have the right to revise and amend these terms and conditions from time to time.
    2. You will be subject to the policies and terms and conditions in force at the time that you use the Website and book Courses from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority, or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation of Booking (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Confirmation of Booking).?
  15. LAW AND JURISDICTION
    1. Contracts for the booking of Courses through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.

PRIVACY POLICY

The Association of Building Engineers is committed to protecting your privacy as a user of the Website and the confidentiality of any personal and transactional information is protected to the highest standards.

Privacy Policy Details

  1. Any personal information which you provide to us or which is available to us from which we can identify you is held in accordance with our registration under the Data Protection Act 1998 and will be used only for the following purposes:
    1. processing your bookings;
    2. to supply website content to you;
    3. to administer the Website; and
    4. if you consent, to notify you of services which may be of interest to you.
  2. When you enter the Website we will use cookies. Cookies are small pieces of information which enables the Website to store information on your computer. We use cookies to personalise the Website according to your requirements. If you do not wish to accept new cookies or wish to disable cookies altogether, you can set your browser accordingly using its menu bar. However our Website will then be unable to offer you the same level of personalised service.

 

 

 

By using this site you agree to our terms and conditions.
The Association of Building Engineers is a company limited by guarantee, registered in London, No. 384 609