TERMS & CONDITIONS FOR TRAINING COURSES
The following constitute the terms and conditions to which applicants agree when booking any standard Pink Rooster face-to-face training or e-learning courses (“Terms & Conditions”).
Any instruction, information or guidance we provide should not be seen as a substitute for the consultation, diagnosis, and/or medical treatment of your doctor or healthcare provider.
Any instruction, information or guidance we provide you with should not supersede medical advice from your doctor or healthcare provider and we expressly disclaim all responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered by you or any third party as a result of your reliance on any instruction, information or guidance we provide you with.
If you have any specific questions or concerns about any medical matter, you should consult your doctor or healthcare provider as soon as possible.
Nothing in this disclaimer will limit or exclude any liability that may not be limited or excluded by applicable law.
If you are agreeing to these Terms & Conditions on behalf of your company or other legal entity, then “Customer” or “you” or “your” shall refer to such entity and its affiliates, and you represent that you have the authority to bind such entity and its affiliates to these Terms & Conditions and you are binding your company to these Terms & Conditions.
Pink Rooster ( UK Charity – registration number 1161042) and you shall each be referred to as a “Party” and together as the “Parties” in this Agreement. If you do not have such authority, or if you do not agree with these Terms & Conditions, you must not accept these Terms & Conditions and may not use the documentation, whether printed are available online, provided by Pink Rooster in relation to the training (“Training Material”).
Pink Rooster reserves the right to review and update these Terms & conditions periodically at its sole discretion.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR BY USING OR ACCESSING PINK ROOSTER’S TRAINING MATERIAL, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. BOOKING
1.1 Standard training. Standard e-learning courses can be booked via the booking forms available on Pink Rooster’s e-learning website (powered by Thnkific). When you submit a booking for an online course, your submission represents an offer to Pink Rooster to book you onto the course you selected. On registration for a Pink Rooster e-learning course you will receive an automated confirmation of your course booking. Pink Rooster will accept your offer by entering your booking onto the Pink Rooster’s or host providers (Thinkific) system and sending you an email confirming that you have been booked together with information and / or web links on starting your learning.
1.2 Bespoke Training. Bespoke training courses can also be contracted through Pink Rooster, to enquire about custom courses please email [email protected] or use our on line enquiry form available on our website at www.pinkrooster.org
2. PAYMENT
Course fees are paid for at the point of booking on our e-learning platform via Stripe or PayPal ’s secure online payment process. In all cases, payment must be received prior to the start of a course of learning event. All major credit and debit cards are accepted ( for further information see the PayPal or Stripe respective websites). A receipt will be sent to you by email confirming payment. PayPal or Stripe will receive the information needed to verify and authorise your payment card and to process your order and is under strict legal and contractual obligations to comply with relevant data protection and privacy laws. Please note that if you do not provide accurate details (including type of card and number) or if your credit card company does not authorise payment, your application will be deemed void. Pink Rooster will not accept any liability for costs incurred as a result of applications deemed void in this manner. Sales taxes (VAT etc.), where applicable, are charged at the current rates depending on the product and/or customer.
3. YOUR OBLIGATIONS
You may not allow anyone else to access the e-learning courses via your log-in details. You must comply with all health and safety rules and regulations and any other reasonable security requirements that apply, at the premises (for face-to-face courses, and on-line for e-learning courses).. Pink Rooster reserves the right to remove any delegate from a course whose behaviour is deemed inappropriate by Pink Rooster or its trainers. In these circumstances, Pink Rooster will neither refund any fees nor reimburse any other costs.
4. LIMITATION OF LIABILITY
Pink Rooster does not accept responsibility for anyone acting as a result of information in, or views expressed on, its courses including course materials. Opinions expressed are those of individual trainers / facilitators / course developers and not necessarily those of Pink Rooster.
Where necessary, participants should take professional and / or medical advice when dealing with specific situations or before booking onto any of our courses / training.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PINK ROOSTER SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PINK ROOSTER’S AGGREGATE LIABILITY TO THE OTHERS SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO PINK ROOSTER FOR THE COURSE / TRAINING GIVING RAISE TO A CLAIM.
5. WARRANTY AND DISCLAIMER
Pink Rooster ensures that all our training services are delivered diligently and in a good, , timely and professional manner. The training services will be performed as described in the advertised / displayed course information. Pink Rooster shall provide such trainers to present the training course as it, in its sole discretion, deems fit and Pink Rooster may at any time substitute any trainer with any other person who Pink Rooster deems to be suitably qualified to facilitate/manage the relevant course. Pink Rooster does not warrant that the provision of any content online will always be available or be uninterrupted, timely or error free, that defects will be corrected or that such content is secure or free from bugs, viruses, errors and omissions.
6. INDEMNIFICATION
All Parties agree to defend, indemnify, and hold harmless the other Party and its directors/officers/trustees, volunteers and employees from and against any demands, damages, or liabilities (including reasonable legal fees) arising from a third party claim that the indemnifying Party caused bodily injury (including death) or damaged real or tangible personal property.
7. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
All training/teaching/course materials are owned by, and shall remain the property of Pink Rooster. All intellectual property rights in all training / teaching / course materials available, including the design, graphics and text of all printed materials, photographic and other images, and the audio of all webinars and podcasts, are owned by Pink Rooster. When you are given access to the course materials, you are granted a non-exclusive, non-transferable, revocable licence to use the materials. No materials may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without Pink Rooster’s prior consent. Any such use is strictly prohibited and will constitute an infringement of Pink Rooster’s intellectual property rights.
8. CANCELLATION AND TRANSFER
8.1. Cancellation by customer.
8.1.1 Face to Face. You must notify Pink Rooster in writing (by email or post) that you wish to cancel a face-to face training course not less than 28 days before the start date of a course, you will be entitled to a 50% refund. Refunds will be processed within 28 days of receiving your request via bank transfer to the original payer. If you withdraw for any reason less than 28 days before the start date of a course, no refund will be issued (unless otherwise agreed by Pink Rooster) but you may transfer your place on the course to a substitute. Substitutions should be notified to Pink Rooster at least 48 hours prior to the course start date. If you fail to attend the course on which you are booked without giving prior notice, Pink Rooster will be unable to refund the course fees or offer a transfer.
8.1.2 E-Learning. Once you have booked an e-learning course or package the fee is non-refundable. If you cancel any e-learning course or package you will not be entitled to any refund (unless otherwise agreed with Pink Rooster). There is no charge for transferring your booking to the same course on an alternative date provided you notify Pink Rooster in writing not less than 10 days before the start of the training and if there is availability. However, a transfer fee of 20% of the course fee (plus VAT) will be payable if the notice is received less than ten (10) days before the start of the original course. If you transfer your booking you will not receive any refund, and you will not be entitled to transfer more than once. You must make any request to transfer a course in writing, which may be sent by email to: mailto: [email protected]
8.2. Cancellation by Pink Rooster.
Pink Rooster reserves the right to cancel any training course due to insufficient enrolment and / or technical problems with e-learning platforms. In the event of Pink Rooster cancelling a course, you may elect to receive a full refund of registration fees paid or credit toward alternative / rescheduled courses. If a course or other learning event is cancelled by Pink Rooster due to any Force Majeure Event as defined in Section 10.5, the Customer is entitled to a full credit which must be used within 3 months of the date of the original course for another course offered by Pink Rooster.
9. CONFIDENTIALITY
9.1 Neither party shall disclose the terms and conditions of this Agreement to any third party, except as may be required by law, regulation, or other governmental authority, and except that each party may disclose such information to its legal representatives, accountants, and business advisors who are obligated to keep such information confidential. Neither party shall use the name of the other party in publicity, advertising, or similar activity, without the prior written consent of the other.
9.2 If disclosure of Confidential Information is required by law, subpoena or a government authority, the receiving party may make such disclosure provided that the other party is notified in writing prior to the disclosure and every reasonable effort is made to protect the other party’s proprietary interests in such Confidential Information.
10. MISCELLANEOUS
10.1 Who you are contracting with, notices, governing law and venue. Who you are contracting with under these Terms & Conditions, who you should direct notices to under these Terms & Conditions, what law will apply in any lawsuit arising out of or in connection with these Terms & Conditions, and which courts have jurisdiction over any such lawsuit, depend on where you are domiciled.
10.2 Dispute resolution: arbitration. In the event of any dispute or claim arising out of or relating to these Terms & Conditions, the parties hereto shall consult and negotiate with each other and, attempt to reach a solution satisfactory to both parties.
10.3 Contact. Please contact Pink Rooster’s training department for any other training questions or requests by emailing: [email protected]
10.4 Privacy Policy. All information provided by you under these Terms & Conditions will be treated in accordance with Pink Rooster’s Privacy Policy/Notice(s).
10.5 Force majeure. Neither party shall be liable to the other, for any delay or failure to perform any obligation under these Terms & Conditions (except for a failure to pay fees) if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency (each a “Force Majeure Event”).
10.6 Entire Agreement and severability. This Agreement is the entire agreement between you and Pink Rooster relating to training and courses provided by Pink Rooster either face-to-face or via Pink Rooster’s e-learning / webinar platforms (currently Thinkific and Zoom) and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the training or any other subject matter covered by these Terms & Conditions. If any provision of these Terms & Conditions is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Last Updated 10 May 2021