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Terms and Conditions

NOTICE TO ALL ORGANISATIONS AND INDIVIDUALS INTENDING TO REGISTER FOR A CARSON WORKSHOPS WORKSHOP: PLEASE READ THESE TERMS AND CONDITIONS (“THE AGREEMENT”) CAREFULLY. BY REGISTERING FOR THE WORKSHOP(S) YOU HAVE SELECTED ON THE WEBSITE WWW.CARSONWORKSHOPS.COM YOU ACCEPT THE FOLLOWING TERMS. YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE THAT IT IS ENFORCEABLE AS IF IT WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY CARSON SYSTEMS LIMITED (“CARSON”) AND YOU. IF YOU ARE REGISTERING FOR THE WORKSHOP(S) ON BEHALF OF YOUR EMPLOYER OR ACTING AS AN EMPLOYEE, YOU WARRANT THAT YOU ARE AUTHORISED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOUR EMPLOYER. THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS APPLY TO YOUR EMPLOYER. YOU AGREE THAT IT IS ENFORCEABLE AS IF IT WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOUR EMPLOYER. IF YOU AND/OR YOUR EMPLOYER DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, OR IF YOU ARE NOT AUTHORISED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOUR EMPLOYER, YOU MUST NOT REGISTER FOR ANY WORKSHOP(S) OR MAKE ANY PAYMENT.

1. DEFINITIONS

1.1 “ Carson” means Carson Systems Limited, trading as Carson Workshops.

1.2 “Effective Date” means the date on which Carson accepts your registration to attend a Workshop.

1.3 “Fee” means the fee payable by you on registration in respect of the provision of the Workshop(s), as specified on the Website.

1.4 “Materials” means any and all materials provided to you when you attend a Workshop.

1.5 “Website” means www.carsonworkshops.com

1.6 “Workshop Date” means the date on which the Workshop is scheduled to take place.

1.7 “Workshop” means the Carson Workshops workshop as described on the Website and in respect of which the Fee is payable.

2. GRANT OF RIGHTS; RESTRICTIONS

2.1 Subject to all the terms and conditions of this Agreement, Carson shall allow you to attend the Workshop and provide you with the Materials described on the Website.

2.2 In the event that you are unable to attend a Workshop you may nominate a colleague to attend in your place, provided that Carson is informed of the identity of any such attendee no less than one week prior to the relevant Workshop Date.

2.3 Carson shall use all reasonable endeavours to ensure that Workshops are conducted on the date notified to you at the time of booking but shall not be liable for any change of date and/or time of the Workshop.

2.4 Carson cannot guarantee and does not promise any specific results from attendance at any Workshop.

2.5 Carson may, at its sole discretion, vary the itinerary of or speaker(s) at any Workshop without notice to you.

3. PROPRIETARY RIGHTS

3.1 Carson has sole and exclusive ownership of all right, title, and interest in and to the Workshop(s) and Materials, including all copyright and any other intellectual property rights therein. This Agreement conveys a limited right and license to use the Materials but shall not be construed to convey title to or ownership of the Material or grant any right to copy the Materials, which is strictly prohibited. All rights in and to the Materials not expressly granted to you are reserved by Carson.

3.2 Carson shall have sole and exclusive ownership of all right, title and interest in any photographs taken or feedback collected at or in relation to a Workshop and you hereby agree the use for marketing purposes by Carson of any photographs in which you feature or comments that you make on any feedback forms regarding the Workshops.

4. FEE

4.1 In consideration for the provision of the Workshop, you will pay the Fee to Carson.

4.2 The Fee shall be payable at the time that you apply to register for a Workshop.

4.3 The Fee is exclusive of VAT or other sales tax which, if applicable to you, shall be payable by you at the then prevailing rate.

4.4 In the event that the Fee, as appropriate, is not paid in accordance with the provisions herein, Carson may deny you access to the Workshop without notice and without any reduction in your liability to pay the same.

4.5 if you have claimed any discount on the Fee you are required to provide appropriate proof of your entitlement to such a discount if requested to do so by Carson. If upon you request you fail to provide evidence to the reasonable satisfaction of Carson, Carson may require that you pay the amount of any discount that you have received.

5. TERM AND TERMINATION

5.1 This Agreement shall commence on the Effective Date and shall continue in effect until the earlier of:

5.1.a The completion of the Workshop;

5.1.b Cancellation of the Workshop.

5.2 If you are registering for a Workshop acting as a consumer, you shall be entitled to cancel this contract in accordance with the rights granted to you by The Consumer Protection (Distance Selling) Regulations 2000.

5.3 If you are registering for a Workshop on behalf of a business, you may cancel your registration and request a full refund at any time no less than one month before the relevant Workshop Date.

5.4 Carson shall be entitled to cancel any Workshop and terminate this agreement by notice to you.

6. WARRANTIES AND LIABILITY

6.1 Carson does not represent or warrant that: (i) the provision of the Workshop(s) will be timely, uninterrupted or error-free, (ii) the Workshops will meet your requirements or expectations, (iii) errors or defects will be corrected. The Workshops are provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law.

6.2 Your sole remedy with respect to any claims arising out of this Agreement shall be limited to the monies paid by you to Carson for the Workshop in question.

6.3 In no event shall Carson be liable for:

6.3.a Any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit, or the cost of procurement of substitute products or services by you even if advised of the possibility of such damages;

6.3.b Any delay or failure to provide the Workshop that is due to third parties, including, without limitation, internet service providers, data centres, server hosting companies and telecommunications companies.

7. GENERAL

7.1 You shall not assign this Agreement, in whole or in part, without the prior written consent of Carson.

7.2 You consent to the use by Carson of your name in customer lists and other publicity, including interviews, case studies, and conference discussions, provided that such publicity accurately describes the nature of the relationship between you and Carson.

7.3 This Agreement and its performance shall be governed by and construed in accordance with and the parties hereby submit to the exclusive jurisdiction of the laws of England and Wales.

7.4 You agree that because of the unique nature of the Workshop(s) and the Materials and Carson’s proprietary rights therein, a demonstrated breach of this Agreement by you would irreparably harm Carson and monetary damages would be inadequate compensation. Therefore, you agree that Carson shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of this Agreement.

7.5 If any provision of this Agreement is declared void, illegal, or unenforceable, the remainder of this Agreement will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.

7.6 Any failure by any party to this Agreement to enforce at any time any term or condition under this Agreement will not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of this Agreement.

7.7 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of nonperformance and continues performance hereunder with reasonable dispatch whenever such causes are removed.

7.8 This Agreement (i) constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, made with respect to the subject matter hereof, and (ii) cannot be altered except by agreement in writing executed by an authorised representative of each party. No purchase order and/or standard terms of purchase provided by you shall supersede this Agreement.

7.9 Nothing in this Agreement shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Carson and such third parties shall not be entitled to enforce any term of this Agreement against Carson.

If you have any questions regarding this Agreement or if you wish to discuss the terms and conditions contained herein please contact Carson Systems Limited using the contact details at the Website or at Pitt House, 20 Crescent Lane, Bath, BA1 2PX, UK

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