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MEDIARB LTD 

Website Terms and Conditions of Use


1. Our Terms


A. These Terms explain how you may use this website (the Site).


B. References in these Terms to the Site includes the following websites and all associated subdomains and web pages: www.mediarb.co.uk

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C. You should read these Terms carefully before using the Site.


D. By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.


E. If you do not agree with or accept any of these Terms, you should stop using the Site immediately.


F. If you have any questions about the Site, please contact us by using the following e-mail address: info@mediarb.co.uk.


G. Definitions:

I. "Content" means any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site;


II. "Terms" means these terms and conditions of use as updated from time to time;


III. "Intellectual property rights" means rights such as copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind  whether or not they are registered or unregistered (anywhere in the world);


IV. "Unwanted Submission" has the meaning given to it in the section entitled "submitting information to the site";


V. "Online terms and conditions of sale" means the terms and conditions (www.mediarb.co.uk), which will apply to you ordering goods, services, and/or digital content using the Site; 


VI. "Privacy policy" means the policy (www.mediarb.co.uk/Privacy), which governs how we process any personal data collected from you;


VII. "Site" means the following websites and all associated subdomains and web pages: www.mediarb.co.uk;


VIII. "We, us or our" means MEDIARB LTD (company registration number 13789393) (VAT registration number 381921976) the registered office of which is at:

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Suite B, Fairgate House
205 Kings Road
Tysley
Birmingham
B11 2AA
United Kingdom

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References to us in these Terms also includes any group companies which we may have from time to time;

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IX. "You or your" means the person accessing or using the Site or its Content.

 

H. Your use of the Site means that you must also comply (where applicable) with our:

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I. Online terms and conditions of sale


II. Privacy policy

 

I. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

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2. Using the Site


A. The Site is for your personal, non-commercial and non-exclusive use only. As long as you comply with these Terms of Use MEDIARB LTD grants you a personal, non-exclusive, non-transferable, and non-commercial limited privilege to enter and use the Site.


B. You may not use any "page-scraper", "robot", "spider", "deep-link" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, copy, acquire, or monitor any part of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.


C. You may not attempt to gain unauthorised access to any part or feature of the Site, or any other systems or networks connected to the Site or to any of our servers, or to any of the services offered on or through the Site, by password "mining", hacking or any other illegitimate means.


D. You may not scan, probe or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.


E. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ours, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.


F. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site.


G. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.


H. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.


I. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights or those of others.


J. The Site is intended for use only by those who can access it from within the UK. If you choose to access the Site from locations outside the UK, you are responsible for compliance with local laws where they are applicable.


K. You agree that you are solely responsible for:

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I. all costs and expenses you may incur in relation to your use of the Site; and


II. keeping your password and any other account details which may be necessary or required confidential.

 

L. We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at info@mediarb.co.uk.


M. We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.

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3. Ownership, use and intellectual property rights


A. This Site and all intellectual property rights in it, including but not limited to any Content, are owned by us, our licensors or both (as applicable). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.


B. Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to lawfully access the Site as intended and authorized by us. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.


C. Trademarks:

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I. The following are our trademarks: MediArb Logo

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Other trademarks and trade names may also be used on this Site. The use of any trademarks on the Site is strictly prohibited unless you have our prior written permission.

 


4. Submitting information to the Site


A. While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us. We therefore cannot guarantee that it will be kept confidential. For that reason, you should not submit any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions) to the Site. While we value your feedback, you agree not to submit any Unwanted Submissions.


B. We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

 


5. Accuracy of information and availability of the Site


A. While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot guarantee that it will be. Furthermore, we cannot guarantee that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.


B. We may suspend or terminate operation of the Site at any time as we see fit.


C. You may have certain legal rights when using the Site (such as if the Online terms and conditions for the supply of goods apply to you). These are also known as 'statutory rights' as they are derived from laws such as the Consumer Rights Act 2015. A summary of your key rights is set out at the beginning of the Online terms and conditions of sale.


D. Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.


E. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

 


6. Hyperlinks and third-party sites


The Site may contain hyperlinks or references to third-party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.

 


7. Limitation on our liability


Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any losses. This exclusion shall include, but not be limited to:

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I. losses that:

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a. were not foreseeable to you and us when these Terms were formed; or


b. that were not caused by any breach on our part

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II. business losses; and


III. losses to non-consumers.

 


8. Events beyond our control


We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

 


9. Rights of third parties


No one other than a party to these Terms has any right to enforce any of these Terms.

 


10. Disputes


A. We will try to resolve any disputes or complaints you may have quickly and efficiently.


B. If you are unhappy with us please contact us as soon as possible.


C. We shall always endeavour to resolve any problem or issue that may arise between you and us as efficiently and smoothly as possible, however where this is not possible and you wish to raise a formal complaint, we can be contacted in the following ways:

I. by post at the following address:

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Suite B, Fairgate House
205 Kings Road
Tysley
Birmingham
B11 2AA
United Kingdom

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II. by email using the following email address: info@mediarb.co.uk


III. by phone using the following number: (+44)07939 669 115

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D. We shall always aim to remedy your complaint immediately. Where such remedy is not available immediately we shall acknowledge receipt of your complaint in writing within 5 working days of the complaint being made. Where your complaint concerns services provided by us through the Site we shall aim to give you our response within 5 days after the complaint has been received by us. Where the complaint relates to exceptional circumstances which are beyond our control, such circumstances include but are not limited to: internet service provider failure; power failure; acts of God; pandemic; epidemic; fire; flood; droughts; storms; civil unrest; collapse of buildings; earthquakes; explosion; accidents; acts of war or terrorism; or any law or actions taken by government or public authorities or any other event that is beyond our control we shall aim to respond to your complaint within a maximum of 30 working days of the complaint being made. If your complaint does not relate to any service provided by us through the Site we shall aim to provide a response to your complaint within 3 weeks of the complaint being made and where we shall take longer than 3 weeks we shall inform you of this.


E. If you and we cannot resolve a dispute using our complaint handling procedure, we will:

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I. let you know that we cannot settle the dispute with you; and


II. consider the need for Alternative Dispute Resolution and, if considered necessary, provide you with information about any alternative dispute resolution provider we deem appropriate to deal with your complaint.

 

F. If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.
 

G. Relevant United Kingdom law will apply to these Terms.


H. These Terms and Conditions of Use are up to date as of: 13/08/2022.

MEDIARB LTD

Website Terms and Conditions of Sale

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Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.

 


Summary of some of your key rights:


By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made (see below). We will give you this information in a clear and understandable way. Some of this information is likely to be obvious from the context. Some of this information is also set out in these Terms, such as information on our complaint handling policy.

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Right to cancel - Goods

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.

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Your Consumer Rights - Goods

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 you're entitled to the following:

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  • up to 30 days: if your goods are faulty, then you can get a refund;

  • up to six months: if they can't be repaired or replaced, then you're entitled to a full refund, in most cases;

  • up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.

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This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk.

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The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.



1. Our Terms

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A. These terms and conditions set out: your legal rights and responsibilities; our legal rights and responsibilities; and certain key information required by law.

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B. If you do not understand any of these Terms and want to talk to us about it, please contact us by:

I. e-mail: info@mediarb.co.uk

 

C. Definitions:

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I. "We, us, or our" means MEDIARB LTD, (Company Number 13789393, VAT registration number 381921976) with our registered office being at:

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Suite B, Fairgate House
205 Kings Road
Tysley
Birmingham
B11 2AA
United Kingdom

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References to us in these Terms also includes any group companies which we may have from time to time;

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II. "Our site or our website" means the site on which these terms and conditions are displayed, including, but not limited to the following websites: www.mediarb.co.uk

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III. "Terms" means these terms and conditions of sale as updated from time to time;

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IV. "You or your" means the person accessing or using our site to make purchases from us.

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D. We are registered in the following trade register: TRADE MARK DIRECT. For more details of what this means for you, please visit the following website: www.trademarkdirect.co.uk.

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E. The details of these Terms will not be filed with any relevant authority by us.



2. Terms and conditions of sale

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A. These Terms apply to any sale of goods on our site. If you buy goods on our site you agree to be legally bound by these Terms and the terms and conditions contained herein.

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B. These Terms are only available in English. No other languages are available for these Terms.

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C. When buying any goods on our site you also agree to be bound by:

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I. our terms and conditions of use and any documents referred to therein;

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II. specific terms which apply to certain goods. If you want to see these specific terms, please visit the relevant webpage for the goods.

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All these documents form part of these Terms as though set out in full here.



3. Information we give you

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A. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:

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I. read the Confirmation email that will be sent to you when you have ordered goods (see clause below); or

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II. contact us using the email address above.

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B. The key information we give you by law forms part of these Terms.

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C. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.



4. Ordering from us

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A. Here we set out how a legally binding contract between you and us is made.

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B. You place an order on our site by doing the following:

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The user adds products to a basket and then clicks the basket to proceed to checkout. Finally, the user completes the process and clicks 'pay now' to confirm the order.

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C. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.

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D. When you place your order at the end of the online checkout process (e.g. when you confirm payment), we will acknowledge it by Email. This acknowledgement does not, however, mean that your order has been accepted.

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E. We may contact you to say that we do not accept your order. This is typically for the following reasons:

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I. the goods are unavailable;

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II. we cannot authorise your payment;

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III. you are not allowed to buy the goods from us;

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IV. we are not allowed to sell the goods to you;

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V. the number of goods you have ordered is too large; or

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VI. there has been a mistake on the pricing or description of the goods.

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F. We will only accept your order when we send you an Email to confirm this (Confirmation Email ). At this point:

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a. a legally binding contract will be in place between you and us; and

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b. your order will be fulfilled

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G. If you are under the age of 18 you may buy any goods from our site. However, in some cases you may not be able to buy certain goods because you are too young. If so this will be set out on the relevant webpage for the goods concerned.



5 Right to cancel - Non-business customers

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A. If you are buying from our site for business purposes, this section does not apply. Instead, please see the section below entitled "Right to cancel - business customers".

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B. If you are buying goods from our site for non-business purposes, you have the right to cancel the contract created by these Terms within 14 days without giving any reason.

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C. The cancellation period will expire after 14 days from the day:

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I. on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of any goods, in the case of a sales contract;

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II. on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good purchased, in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately;

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III. on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece of any purchased goods, in the case of a contract relating to delivery of a good consisting of multiple lots or pieces;

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IV. on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good purchased, in the case of a contract for regular delivery of goods during a defined period of time.

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D. To exercise the right to cancel, you must inform us of your decision to cancel the contract created by these Terms by a clear statement (e.g. a letter sent by post, fax or email).

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E. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.



6. Right to cancel - business customers

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If you are buying goods from our site for business purposes, you shall not be able to cancel the contract created under these Terms at any time.



7. Effects of cancellation - Non-business customers

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A. If you cancel the contract created under these Terms in accordance with the clause entitled "Right to cancel - Non-business customers", we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

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B. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

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C. We will make the reimbursement without undue delay, and not later than:

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I. 14 days after the day we received back from you any goods supplied; or

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II. (if earlier) 14 days after the day you provide evidence that you have returned the goods; or

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III. if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the contract created under these Terms.

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D. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

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E. If you have received goods:

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I. you shall, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract created under these Terms to us, send back the goods or hand them over to us;

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II. the deadline shall be met if you send back the goods before the period of 14 days has expired;

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III. you will have to bear the direct cost of returning the goods;

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IV. you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.



8. Delivery of goods

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A. The estimated date and time window for delivery of the goods is set out in the Confirmation Email.

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B. If something happens which:

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I. is outside of our control; and

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II. affects the estimated date of delivery;

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we will let you have a revised estimated date for delivery of the goods.

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C. Delivery of the goods will take place when we deliver them to the address that you gave to us.

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D. We may be unable to deliver the goods if we are unable to properly identify you. Please be prepared to provide a form of ID (passport or photocard driving licence) on delivery of goods.

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E. Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:

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I. let you know;

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II. cancel your order; and

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III. give you a refund.

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F. If nobody is available to take delivery, please contact us using the email address above.

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G. You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

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H. We may deliver your goods in instalments. To check if your goods may be delivered in this way, click on the check the delivery details during the online checkout process.



9. Payment

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A. We accept the following means of payment:

Visa/Debit/Credit/Mastercard

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B. We will do all that we reasonably can to ensure that all of the information you give us when paying for goods is secure by using an encrypted and secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

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C. Your credit card or debit card will only be charged when you confirm your order.

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D. All payments by credit card or debit card need to be authorised by the relevant card issuer. From time to time we may also use extra security steps via Verified by Visa, Mastercard®SecureCodeTM or equivalent services.

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E. If your payment is not received by us and you have already received any goods, you:

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I. must pay for such goods within 30 days; or

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II. must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.

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F. If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.

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G. Nothing in this clause affects your legal rights to cancel the contract during any applicable 'cooling off' period detailed under the Clauses entitled 'Right to Cancel - Non-business customers' and 'Effects of Cancellation - Non-business customers' above.

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H. The price of the goods:

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I. is in pounds sterling (£)(GBP);

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II. includes VAT at the applicable rate; and

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III. does not include the cost of:

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(a). delivering the goods (delivery options and costs will be provided before you place your order); or

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(b). any carrier bags (which cost a minimum of 5p) each).



10. Nature of goods

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A. The Consumer Rights Act 2015 gives you certain legal rights (also known as 'statutory rights'), for example, the goods:

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I. are of satisfactory quality;

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II. are fit for purpose;

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III. match the description, sample or model; and

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IV. are installed properly (if we install any goods).

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B. We must provide you with goods that comply with your legal rights.

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C. The packaging of the goods may be different from that shown on our site.

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D. While we try to make sure that:

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I. all weights, sizes and measurements set out on our site are as accurate as possible, there may be a small tolerance of up to 1% in such weights, sizes and measurements; and

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II. the colours of our goods are displayed accurately on our site, the actual colours that you see on your computer may vary depending on the monitor that you use.

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E. Any goods sold:

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I. at discount prices;

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II. as remnants; or

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III. as substandard;

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will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

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F. If we can't supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case:

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I. we will let you know if we intend to do this but this may not always be possible; and

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II. you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.



11. Faulty goods

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A. Your legal rights under the Consumer Rights Act 2015 (also known as 'statutory rights'), are set out at the top of these Terms. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please:

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I. contact us using the email address above; or

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II. visit the Citizens Advice website www.citizensadvice.uk.

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B. Nothing in these Terms affects your legal rights under the Consumer Rights Act 2015 (also known as 'statutory rights'). You may also have other rights in law.

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C. Please contact us using the email address above, if you want:

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I. us to repair the goods ;

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II. us to replace the goods ;

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III. a price reduction; or

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IV. to reject the goods and get a refund.



12. End of the contract

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If the contract that is created between us under these Terms is ended it will not affect our right to receive any money which you owe to us under this Terms.



13. Limit on our responsibility to non-business customers

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A. The provisions of this section shall apply to purchases made for non-business purposes only.

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B. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), in the case of purchases made for non-business purposes, we are not legally responsible for:

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I. losses that:

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(a). were not foreseeable to you and us when the contract was formed; or

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(b). that were not caused by any breach on our part;

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II. business losses; and

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III. losses to non-consumers.



 

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14. Indemnity and insurance

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A. You shall indemnify us, and keep us indemnified, from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by us as a result of or in connection with your breach of any of your obligations under these Terms.

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B. You shall have in place contracts of insurance with reputable insurers incorporated in the United Kingdom to cover your obligations under these Terms. On request, you shall supply so far as is reasonable evidence of the maintenance of the insurance and all of its terms from time to time applicable.



15. Limitation of liability

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A. The extent of the parties' liability under or in connection with these Terms (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause.

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B. Subject to the sub-clauses below titled "Exceptions", our total liability shall not exceed the sum of £________ (________).

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C. Subject to the sub-clauses below titled "Exceptions", we shall not be liable for consequential, indirect or special losses.

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D. Subject to the sub-clauses below titled "Exceptions, we shall not be liable for any of the following (whether direct or indirect):

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I. loss of profit;

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II. loss or corruption of data;

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III. loss of use;

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IV. loss of production;

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V. loss of contract;

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VI. loss of opportunity;

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VII. loss of savings, discount or rebate (whether actual or anticipated); or

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VIII. harm to reputation or loss of goodwill.

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E. Exceptions:

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I. The limitations of liability set out above shall not apply in respect of any indemnities given by either party under these Terms.

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II. Notwithstanding any other provision of these Terms, the liability of the parties shall not be limited in any way in respect of the following:

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(a). death or personal injury caused by negligence;

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(b). fraud or fraudulent misrepresentation;

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(c). any other losses which cannot be excluded or limited by applicable law;

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(d). any losses caused by wilful misconduct.



16. Rights of third parties

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No one other than a party to these Terms has any right to enforce any of these Terms.



17. Disputes

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A. We will try to resolve any disputes with you quickly and efficiently.

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B. If you are unhappy with:

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I. the goods;

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II. our service to you; or

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III. any other matter;

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please contact us as soon as possible.

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C. If you and we cannot resolve a dispute using our complaint handling procedure, we will:

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I. let you know that we cannot settle the dispute with you; and

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II. consider the need for Alternative Dispute Resolution and, if considered necessary, provide you with information about any alternative dispute resolution provider we deem appropriate to deal with your complaint.

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D. If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.

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E. The laws of England and Wales will apply to these Terms.

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F. These Terms are current and up to date as of: 13/08/2022.

MEDIARB LTD

Website Terms and Conditions of Training Courses

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1. Definitions.

 In these Conditions the following expressions shall have the following meanings:
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I. "MediArb Training" or “We” or “Us” means MediArb Training of Oak Avenue, Old Arley, Coventry, CV7  8FN.
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II. "Client" means the person, company or other legal entity identified as providing a request to MediArb Training to supply Services.
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III. "Services" means the goods or services to be provided by MediArb Training to the Client under the terms of the contract and "Services" shall be construed accordingly.
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IV. "Confirmation Date" means the date when all the following apply: (1) A request to supply Services has been received from the Client by MediArb  Training (2) MediArb  Training confirms to the Client that the course or other Services requested are available and (3) Payment has been received by MediArb Training from the Client or other third party on behalf of the Client or alternative payment method agreed.
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V. "Contract" means the contract between MediArb Training and the Client under which the Services are to be supplied by MediArb Training to the Client.
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VI. “Training Course” or “Course” means a course where the Services are delivered to the Client.
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VII. “Training Premises” means any premises not exclusively used by one Client where a Training Course is provided.
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VIII. "Training Provider" means the company delivering a course when this is not MediArb Training. "Working Day" means every day of the week apart from Saturday, Sunday and statutory or bank holidays and "Month" means a calendar month and "Week" means seven consecutive days.
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IX. "Intellectual Property" includes all training materials, course manuals, inventions, patent applications, granted patents, registered and unregistered designs, copyright works, trademarks and confidential information.
 

2. Prices.
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The price payable for the Services shall be the list price of MediArb at the Confirmation Date unless otherwise stated. The price does not include travel, accommodation, meals or other related expenses unless explicitly stated. All prices are exclusive of Value Added Tax and this will be charged at the appropriate rate. Where Services are provided in the UK, regardless of the Client's country of origin, the point of supply for VAT purposes is the UK.
 

3. Terms of Payment.

Where the Services relate to the provision of a training course, payment by bank transfer is required no later than 10 Working Days before the Training Course start date. Special arrangements may be separately agreed upon in the case of late bookings. Where Services involve other services or goods, payment is required 5 Working Days prior to delivery or as otherwise agreed in writing. MediArb Training is entitled to charge interest at 2% per Month or part thereof on overdue payments. Depending on the nature of the Training Course offered deposits shall be 50% of the total cost of the course.
 

4.   Training Courses.

 A. If MediArb Training provides training in conjunction with its selected Training Providers, to the best knowledge of MediArb Training these Training Providers are suitably qualified and accredited to deliver the Training Courses offered. The contents of Course schedules are intended for general guidance only and do not form any part of a contract. MediArb Training reserves the right to make any reasonable variations to public and in-house  Courses,  including the content and location of the courses,  without notice.  It is the responsibility of the Client to ensure that the delegates meet the prerequisites of the Course on which they are booked and that the Course content meets their requirements.
 
B. MediArb Training will perform the Services with reasonable skill and care. Any other conditions or warranties whether express or implied as to the quality of the Services are hereby expressly excluded. Unless otherwise indicated, all Courses are delivered solely in English and all delegates must be sufficiently proficient in the English language before attending a Course. For Courses not exclusive to one Client, MediArb Training and its Training Providers reserve the right to refuse admission to the Training Premises by any person whom they consider in their absolute discretion to be unsuitable for admission onto the Training Premises or to remove any such person after the commencement of a Course.
 

5.   Cancellation, Transfers and Substitutions with respect to Training Courses. 

A. MediArb Training reserves the right to cancel or arrange an alternative date for a Course. In such circumstances, MediArb Training will endeavour to provide notice of cancellation or change to the Client. In the event of cancellation, the Client will be entitled to a full refund of the Course fee but MediArb Training shall not be liable for any other loss or expense arising. The Client may cancel the Course booking by notifying MediArb Training in writing by recorded delivery subject to the cancellation fees below. The Client shall also be deemed to have cancelled the Course booking if the delegate does not attend the event. The Client shall be liable to pay a cancellation fee as follows (percentages show the percentage of the total cost of the course cancelled):

Scheduled Courses: 

Number of Days’ Notice Proportion of Course Fee
•   0 - 5 Working Days 100%                                              
•   6 - 15 Working Days 50%
 
B. In the event that the delegate is unable to attend the Course booked MediArb Training will endeavour to transfer the delegate to an alternative Course. If this is requested 26 or more Working Days from the start date of the original Course then the only charges applicable will be an administration fee of £50 (plus VAT) plus any difference in the Course price. If a transfer is requested within 26 Working Days then the cancellation fee above shall be payable. MediArb Training will endeavour to accommodate requests by the Client to substitute one delegate for another but is under no obligation to do so. Such requests are subject to the replacement delegate meeting the prerequisites for the Course. In the event of a substitution, the Client shall pay an administration fee of £50 plus any unavoidable costs relating to the change. 

 

6.   Liability 

The Client's Attention is drawn to this clause in particular. 
 
A. Nothing in these Conditions shall limit or exclude MediArb Training's liability for: 

I. death or personal injury caused by its negligence; or
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II. the negligence of its employees, agents or subcontractors; or
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III.  fraud or fraudulent misrepresentation.
 
B. Subject to clause 6: MediArb Services shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and the Supplier's total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid by the Client for the Services.
 
C. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
 
D. This clause 6 shall survive termination of the contract.
 

7.  Force Majeure. 

A. MediArb Training shall not be in breach of this contract if there is any total or partial failure of performance by it of its duties and obligations under this contract occasioned by any act of God, fire, the act of government or state, war, civil commotion, insurrection,  embargo,  prevention from or hindrance from obtaining any raw materials or energy,   sickness or other cause beyond its reasonable control.
 
B. If MediArb Training is unable to perform its duties and obligations under this contract as a direct result of one or more such causes MediArb Training shall give written notice to the Client of such inability stating the cause in question.

 
 
8.  Data Protection and Confidentiality. 

Where Services are certified Training Courses, the Client consents to allow MediArb Training full access to examination results arising from their bookings.  This information will be used in accordance with the requirements of relevant data protection legislation. The data will only be used to evaluate the effectiveness of training and to assist MediArb Training in providing advice to its clients.
 
9.  Intellectual Property.
 
All Intellectual Property associated with Training Courses or other Services shall remain vested in the owner be it MediArb Training, its Training Provider or others. Where Services are distance learning products then the Client shall abide by all reasonable terms of any licence agreement applicable. Intellectual Property which is identified as, or can reasonably be deemed to be,  confidential shall not be copied or reproduced or disclosed to any third party without the prior written consent of MediArb  Training. The  Client shall ensure that its employees and all those under the  Client's control and supervision comply with this obligation. Where Services are provided to the specification or special requirements of the Client, the Client shall indemnify MediArb  Training against all costs, claims and damages incurred or arising out of any alleged infringements of Intellectual Property.
 
 
10. General.
 
A. The Contract shall only become effective at the Confirmation Date. Any typographical clerical or other error or omission in any sales literature, administrative documentation, course materials, invoice or other document or information issued by MediArb  Training or its Training Providers shall be subject to correction without any liability on the part of MediArb Training.  
 
B. No variation to these Terms and Conditions shall be effective unless made in writing and signed by an authorised representative of MediArb Training MediArb Training may assign or sub-contract the whole or any part of the Contract to any person, firm or company.
 
C. These Terms and Conditions expressly exclude any right afforded the Training Provider or any other third party pursuant to the Contracts (Rights of Third Parties) Act 1999 and a person who is not a party to the Contract shall not have any rights under or in connection with it.
 
D. During the term of the Contract and for a period of 12 months thereafter, the Client shall not directly or indirectly employ or solicit for employment any employees of MediArb Training or its Training Providers.
 
E. A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. 
 
F. If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
 
G. If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and
legal if some part of it were deleted, the provision shall apply with the minimum modification
necessary to make it legal, valid and enforceable.
 
H. Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as an agent for, or to bind, the other party in any way.
 
I. Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by MediArb Training.
 
J. This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
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