Positive Purchasing Returns Policy, Standard Software Licence Terms, Terms and Conditions for Public Courses and Standard Terms
The following provides access to our returns policy, online license policy and terms of service, and Terms and conditions for Public courses
Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately, we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.
Additional non-returnable items:
- Gift cards
- Downloadable software products
- Software licensed products
To complete your return, we require a receipt or proof of purchase.
Please do not send your purchase back to the manufacturer.
There are certain situations where only partial refunds are granted (if applicable)
Book with obvious signs of use CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened. Any item not in its original condition, is damaged or missing parts for reasons not due to our error
Any item that is returned more than 30 days after delivery refunds (if applicable)
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at email@example.com.
Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at firstname.lastname@example.org and send your item to: Positive Purchasing, Units 1 and 2 Mills Bakery, Plymouth, GB PL1 3GE.
If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.
If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.
To return your product, you should mail your product to: Positive Purchasing, Units 1 and 2 Mills Bakery, Plymouth, GB PL1 3GE.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over £50, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Procleus User Terms and Conditions of Use.
By using the Software, the User acknowledges that that it has read understood and agrees to be bound by these terms and conditions of use.
In the following terms and conditions, the following words and expressions shall have the following meanings:
“User” the individual authorised to use the Software by Positive Purchasing.
“Course” means the learning course(s) that Positive Purchasing have agreed to provide to the User and any associated tools and course materials.
“Equipment” means the licensee’s personal computer and associated interface display devices on which the software is to operate locally, which the licensee must ensure is in accordance with any minimum specification issued from Positive Purchasing Ltd from time to time.
“Licensee” means User (where directly acquiring the right to use the Software from Positive Purchasing) or other person, firm or company or other organisation who hold the licence to use the Software under which the User is given access to the Software.
“Positive Purchasing” means Positive Purchasing Limited, a company incorporated and registered in England and Wales with company number 04756992 and having its registered office at Plym House Suite 4, 3 Longbridge Road, Plymouth, United Kingdom, PL6 8LT
“Positive Purchasing Materials” means the workbooks, quick reference guides, tools, templates, forms and other materials and information created by us or our authorised agents and provided to you through the lawful use of the Software.
“Software” means the Procleus software suite and, where the context permits, the Positive Purchasing Materials in the form and version supplied by Positive Purchasing from time to time.
“System” means the information technology platform hosted by or on behalf of Positive Purchasing through which the Software is made available to Positive Purchasing’s licensees.
“Use” means to access the software through an online service hosted by on behalf of Positive Purchasing Ltd and to load any of the software into the temporary memory (RAM) of the equipment for the processing of the instructions or statements contained in the Software Equipment and to view access or download video and audio content, information or documents by the User.
“User Account” means the registered individual User account on the System enabling access to the System or parts of it.
Security and Control
The User accessing the System must always have their own valid unique User Account when accessing any part of the System and may only access the System using their own unique login in and security details as recorded against that User Account.
The User must not share or transfer their own unique login and security access information details to any other person.
Use of any part of the System other than through the User’s own valid User Account details is strictly prohibited and will constitute a material breach of these terms and conditions and may constitute an infringement of Positive Purchasing’s intellectual property rights.
The User must notify Positive Purchasing immediately if the User becomes aware of any unauthorised use of the whole or any part of the System by any person.
Content that is specifically identified as downloadable including but not limited to workbooks, quick reference guides, tools, templates, forms and other downloadable materials in Microsoft Word, PowerPoint, Excel of .pdf format comprised in the Software may be downloaded, saved on the Licensee’s equipment only, and hard-copied by the User in the course of the User’s employment or engagement with the Licensee and solely for the internal business purposes of the Licensee.
No copies may be made of the Positive Purchasing Materials except for the downloadable materials referred to above or as provided by Positive Purchasing in printed form and in such case these copies shall only be used internally by the User and only in connection with the User’s business. If the User requires further copies of printed form Positive Purchasing Materials, then these may be obtained under licence from Positive Purchasing in accordance with its standard scale of charges from time to time in force.
For the avoidance of doubt no copies may be made of any web page content, video, audio or E-Podule provided on the System without the prior written consent of Positive Purchasing or except where specifically and expressly authorised by Positive Purchasing.
Unless expressly authorised by Positive Purchasing in writing, the User is not permitted to distribute Positive Purchasing Materials or any other documents or information comprised in the Software to other employees’ workers or agents of the Licensee.
Where Software is issued by Positive Purchasing in any media for installation or back up purposes, only one copy may be installed at any time on any equipment of the Licensee.
Restrictions on alterations
The User must not:
- translate, adapt, vary, modify, disassemble, decompile or reverse engineer or make back up copies of the Software or any part of it without Positive Purchasing’s prior written consent or as permitted by applicable mandatory national laws or the express provisions of the licence; specifications required to achieve interoperability of the software with another software program are available from Positive Purchasing on request.
- assign transfer, sell, lease, rent, charge or otherwise deal in any rights to use the Software, or use the software on behalf of any third party who does not have their own valid licence to use the Software;
- provide specification or functionality details to, or make the Software or any part of it available for examination or study by any third party; or
- remove or alter any copyright or trademark or other proprietary notice on any part of the Software or other materials of Positive Purchasing made available under or in connection with the licence to use the Software or the System;
- knowingly do anything that may adversely affect Positive Purchasing’s intellectual property rights.
The User may not alter pre-populated content of Positive Purchasing Materials or remove or obscure any copyright notices or trademarks of Positive Purchasing.
Intellectual Property Rights
While Positive Purchasing makes no claim in respect of any content or other materials provided by the User or their employer for incorporation into any templates, forms or other materials provided by Positive Purchasing for populating by Users and other third parties, Positive Purchasing reserves all copyright, database rights and other intellectual property rights in the Software, the Courses, the Positive Purchasing Materials and the System, which are made available to the User as licensee only. ALL RIGHTS RESERVED.
The System and the Positive Purchasing Materials are made available to Positive Purchasing’s customers and their Users for training and their internal use only. Positive Purchasing accepts no liability for any claim for infringement of intellectual property rights by any third party resulting from the User’s use of any of the System or the Positive Purchasing Materials in combination with any programs not supplied or approved by Positive Purchasing or any modification of the System or the Positive Purchasing Materials by a party other than Positive Purchasing or its authorised agents.
TERMS OF SERVICE
This website is operated by Positive Purchasing Store. Throughout the site, the terms “we”, “us” and “our” refer to Positive Purchasing Store. Positive Purchasing Store offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Postive Purchasing Store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Postive Purchasing Store and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Units 1 and 2 Mills Bakery Plymouth GB PL1 3GE.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
© 2011-2019 The Software is the copyright of Positive Purchasing Limited (registered in England and Wales, Company number 04756992. ALL RIGHTS ARE RESERVED.
TERMS AND CONDITIONS FOR PUBLIC TRAINING COURSES
Terms and Conditions for Public Training Courses Version 6 April 2021
The following terms and conditions apply to public or open courses delivered either as live, online, instructor led or as face-to-face classroom training, run by Positive Purchasing Ltd of Plym House, 3 Longbridge Road, Plymouth PL6 8LT,
a company registered in England and Wales with the number 4756692. These terms and conditions shall apply and take precedence for delegates attending any public course we run unless we agree alternative terms with you.
Booking Procedure for Public Courses run by Positive Purchasing Ltd
1. A binding agreement subject to these terms and conditions will be made as between you and Positive Purchasing Ltd when:
a. we receive a purchase order by post or email;
b. we receive a formal instruction by email, SMS text or by post;
c. you complete the booking online via our online store;
d. we receive a completed booking form by post or e-mail;
e. you book a course over the telephone paying in full.
2. Where you expressly state that any booking is provisional, then we will hold any such provisional booking pending for one week until you confirm that booking. You can confirm your booking by completing one of the actions specified in condition 1 above.
3. Where you make a booking on behalf of a corporate entity, you and the corporate entity will be bound jointly and individually to the agreement. Where you make a booking on behalf of the corporate entity you warrant that you have the authority of the corporate entity to do so.
4. You will be sent confirmation of your booking, with an invoice by e-mail. Where you have already paid the course fee as part of the booking procedure we will provide a receipted invoice.
5. Where payment has not been made during the booking procedure, the invoice must be paid within 15 days of the date of the invoice, or no later than the working day before the booked course, whichever shall be the earlier.
6. The course is offered on the basis that payment will be straightforward either by credit card or timely payment of an invoice without the need to have to engage in additional activities such as vendor set up procedures or chase
payment in which case we reserve the right to reasonably increase the course fees to cover our additional time or decline the sale.
7. We reserve the right to refuse entry to the course where payment has not been received in full.
Cancellation and Postponement Policy
8. If you seek to cancel your attendance for any course being organised by us, it is likely we will incur irrecoverable costs and expenses and loss of profit.
9. Accordingly, once a booking has been made, you are entitled to cancel the booking subject to the following:
a. If we receive a notice of cancellation from you more than 30 working days prior to the scheduled start date of the course, you must pay 30% of the course fee. If you have already paid the full fee, you will be entitled to a
credit of 70% of the course fee.
b. If we receive a notice of cancellation from you less than 30 working days prior to the scheduled start date of the course, but more than 15 working days before the scheduled start date of the course, you must pay 50% of the course fee. If you have already paid the full fee, you will be entitled to a credit of 50% of the course fee.
c. If we receive a notice of cancellation from you less than 15 working days before the scheduled start date then the whole of the course fee remains payable. Under conditions a and b above, no monetary refunds will be given, only course credits.
10. If you cancel a course and are entitled to receive a credit this may be used towards any future public course run by Positive Purchasing Ltd within 12 months of the receipt by us of the notice of cancellation from you or longer agreed by us.
11. Any notice under condition 7 must be sent by e-mail to firstname.lastname@example.org and will only be effectivewhen it is received by us.
12. Whilst we try to ensure all public courses run as scheduled, sometimes it is necessary to postpone a course if there are insufficient numbers to run the course or for other operational reasons. We may postpone the course
by notifying you by email and offering you alternative dates for the course. You may either accept these new dates by notifying us by email, in which case you will have been deemed to have booked a new course. Alternatively, you
may inform us that you no longer wish to take the course by notifying us via email and you will be entitled to a full refund of the fees you have pre-paid for that course. We accept no liability (other than to provide a refund in accordance with this condition) if, for whatever reason, the course is postponed or fails to take place.
13. We reserve the right to vary or cancel any course if in our opinion circumstances so require. Should the course be varied or cancelled, you will be entitled to a full refund of the fees you have pre-paid for that course. We accept no liability (other than to provide a refund in accordance with this condition) if, for whatever reason, the course fails to take place.
14. We reserve the right to review our fees and booking terms and conditions as and when appropriate on notice to you. Should our fees and booking terms and conditions be varied to your detriment you will have the option to cancel your booking for the course and we will refund the fees you have pre-paid for that course. We accept no liability (other than to provide a refund in accordance with this condition) if you cancel your booking in accordance with this condition.
15. If you have booked a course you are entitled to substitute the delegate booked onto the course for another delegate by advising us by email at least 5 days prior to the event.
16. Where either;
a. the course duration is more than one day or one online session, and you are absent from the course for one or more of those days or online session, or;
b. you do not attend more than half of any live, online, instructor led session or keep you webcam switched off and do not interact; we reserve the right to refuse entry to the remaining days/sessions. In such circumstances, and for the avoidance of doubt, you will not be entitled to a refund of any of the course fees or to transfer to another course in order to take up the days/sessions you have missed without the written consent of Positive Purchasing Ltd. Should such
consent be given and a transfer agreed, we reserve the right to make a reasonable charge for such transfer to cover any differences in the costs of the course and our administrative costs of dealing with the transfer.
17. Before or during the course you will be provided with or sent hand-outs and other supporting materials. Subject to the terms of the course you are attending you may be given access to one or more of our online platforms. Please
note that we retain ownership of all intellectual property and other rights in all information and materials developed by us or on our behalf and no assignment of any such rights is to be implied. This includes but is not limited to all
copyrights and trademarks and other intellectual property rights in all online materials, training manuals, workbooks, quick reference guides, tools, template documents and all other works that we may provide to you, in electronic or
18. The information and materials provided to you as part of a training course is provided solely for the purpose of enabling you to make use of the learning and materials following the course. You agree that you may not, without our express written permission, make any copies of, publish, distribute or modify (except for data entry onto any template provided where reasonably expected) any of the proprietary information and materials provided by us without our consent.
19. You may not remove the copyright, trademark and other proprietary notices contained on or in any information and materials that we deliver to you or from any copies of them.
20. Please note that unless we agree otherwise with you or provide you with access to one of our online platforms, training materials are not available in electronic format.
Live online instructor led training
21. For live, online, instructor led training courses we will advise you in advance of the means of delivery and how to access the course which will typically be via Zoom or Microsoft Teams.
22. Where you attend an online, instructor led training course it is your responsibility to;
a. ensure you have a PC or tablet capable or running either Zoom or Microsoft Teams with a stable internet
connection, webcam and microphone;
b. be connected to a power outlet or have sufficient battery for the full session;
c. attend the course in at a location in a suitable, quiet location, ideally away from others;
d. follow the instructions provided for using the conferencing tool, ensure you can run it on your machine and become familiar with its operation beforehand;
e. keep your webcam on throughout the training sessions in order to properly participate; we accept no liability for part or all of a course that is missed due to computer or internet issues except where they occur at our premises or the point of source for the training in which case we will make arrangements to
reschedule and redeliver the part of the course that was missed at an alternative time.
Travel and Accommodation (face-to-face classroom training)
23. For face-to-face classroom training, unless we state otherwise in our course prospectus the course fees include the cost of the training venue and refreshments during the training days including lunch for each full day. They do
not include other meals, your travel costs or the costs of your accommodation which are your responsibility.
Limit of Liability
24. Save in respect of liability for personal injury or death caused by the negligence of that party or its employees or for fraud (each of which liability is not limited or excluded by these terms) Positive Purchasing Ltd will not be liable
in tort or for any breach of contract or negligence or otherwise:
a. for any damages, costs, liabilities, expenses (including, without limitation, legal fees) or settlement amounts incurred by you or any third party or otherwise occasioned to any person acting, refraining to act, or omitting to act, in reliance on the course material, or the presentation of the course; or
b. for any loss or consequential loss to the extent permitted by law.
25. Consequential loss shall be deemed to include, but shall not be limited to: loss of profits or anticipated profits; loss of business, anticipated business or anticipated savings; damage to reputation or goodwill; and any claim
made by any third party for damages, costs or expenses; costs incurred as a result of loss of time, loss of data, regardless of the form of action, whether in contract, tort, negligence, strict product liability, or otherwise, even if that party has been informed of the possibility of any such damages in advance.
26. Save in respect of liability for personal injury or death caused by Positive Purchasing Ltd’s negligence or that of its employees or for fraud (each of which liability is not limited or excluded by these terms), Positive Purchasing Ltd’s
aggregate liability to you under in respect of any course whether in tort or for breach of contract or warranty, strict liability, negligence or otherwise shall not exceed the aggregate of the course fees paid by you for the course or
booking the subject of the claim.
27. We acknowledge that in the course of your attending our training course, we may have access to your confidential information, including information relating to your customers and suppliers. This includes information of a confidential nature in whatever form, including written, oral, visual and electronic information relating to your and your customers’ and suppliers’ business, affairs and finances.
28. We appreciate the importance of maintaining client confidentiality and confirm that we will not, without your written consent or unless required by court order or by law, use or disclose to any third party any of your confidential
information other than in the proper course of our provision of services to you. We will also ensure that our staff who have access to your confidential information are aware of its confidentiality.
29. Please note that this commitment does not apply to any information which is already in, or comes into, the public domain otherwise than through our unauthorised disclosure or which we acquire independently from a third party
in circumstances not subject to a duty of confidentiality.
30. We will comply with all applicable requirements of current data protection legislation including the Data Protection Act 1998 and the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) in force from time to time and any applicable national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then any replacement legislation in the UK to the Data Protection Act 1998 and the GDPR.
31. At all times your information will be treated in accordance with our Privacy Notice, which is incorporated by reference into these Terms and Conditions for Public Courses and can be viewed at: positivepurchsaing.com/privacynotice
32. We may also hold and process non-sensitive data relating to you, your staff and other delegates (where applicable) so far as is necessary for legal, personnel, administrative and management purposes in connection with our
provision of the services and our administration of our business. Please ensure that you have the necessary authority to provide this consent.